Archived
Filed Ch. 7 with "0.00" as homestead exemp.; now need to amend to avoid a lien so I can sell the house.
Shaye's answer
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Answered on January 15, 2014
You should assert whatever is available to use. Most jurisdictions require that you at least exempt $1 but there is no drawback (that I am aware...
Archived
Will selling a farm via Authorization to Show Property contract w/proceeds purchasing exempted assets prevail in C 7 bankruptcy?
Shaye's answer
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Answered on January 15, 2014
The advice you are requesting is complicated and too specific for this forum, which is designed for general information only. Generally, arms...
Archived
The tenant today gave a 30-day move-out notice with 6 months to go on the lease.
Shaye's answer
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Answered on January 15, 2014
You are correct that since the tenant has not yet vacated you do not have possession and can't rent the premises. You can, however, show the...
Archived
I'm being evicted, was just given the papers, is it okay for them to have changed the locks?
Shaye's answer
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Answered on January 15, 2014
If you had not yet moved out of the premises, then you were technically "locked out" under Civil Code Section 789.3. The landlord is not allowed...
Archived
Can military (US Army) debt be solved by bankruptcy?
Shaye's answer
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Answered on January 15, 2014
Per section 523(a)(8) of the bankruptcy code, the following debt is not dischargeable in bankruptcy:
(8) unless excepting such debt from...
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Archived
Is there any legal requirement that must be satisfied for a non owner to become landlord on lease agreement?
Shaye's answer
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Answered on January 15, 2014
The lease can designate who the landlord is and who you pay your rent to. The "landlord" is not required to have a special license or be a broker.
Archived
After giving your 30 day notice, is your landlord/apartment manager, by law obligated to schedule an "initial inspection"?
Shaye's answer
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Answered on January 15, 2014
Here is the rule - found in California Civil Code Section 1950.5(f) - the short answer is yes, the landlord was required to give you an opportunity...
Archived
In 2006.. My pension loan was $6,000 but now with interest is close to $9,000
Could I file Bankruptcy?
Thanks...
Shaye's answer
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Answered on January 15, 2014
Pensions are protected in bankruptcy. Get yourself a bankruptcy attorney to help you with the process - it will give you peace of mind.
Archived
Notice of ch7 proposed property abandonment has been filed by a debtor that stole my id. i have JUDGMENTS AGAINST ME from that
Shaye's answer
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Answered on January 15, 2014
You need to hire a bankruptcy attorney to assist you in this complicated matter. There is a very limited period of time during which you may bring...
Archived
Will deeding over farmland to an LLC protect that property from an eminent voluntary personal Chapter 7 bankruptcy? Deadline?
Shaye's answer
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Answered on January 15, 2014
Transferring property to keep it out of reach from creditors in (or out of) bankruptcy is fraud. The bankruptcy trustee can get a court order to...