Archived
In bankruptcy, how is the separate property of a non-filing spouse liable? Does it matter what the source of the debt is?
Brandon's answer
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Answered on September 03, 2014
As other responses have stated, separate property is not part of the bankruptcy estate. However, characterizing property as separate vs. community...
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Archived
Should I try to settle my bank account debt before or after filing for Chapter 7 bankruptcy?
Brandon's answer
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Answered on August 18, 2014
I agree with Mr. Waddell's comments and would like to add the following: while I do not know whether the "fraud" has already been proven against...
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I have a 341 hearing for my chapter 7 bankruptcy case.
Brandon's answer
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Answered on August 13, 2014
FYI, I practice in the Northern District of California. I may be available to specially appear. If you would like, you can have your attorney...
Do lawyers have payment plans or take payments?
Brandon's answer
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Answered on August 12, 2014
Yes, many attorneys have payment plans or flat-fee plans. If you already have a divorce agreement, and would like an attorney to review it, this...
Archived
Can I be still liable for a statute of limitation barred loan if husband made a payment while separated.
Brandon's answer
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Answered on July 16, 2013
If they sue you for breach of contract, you can assert SOL as a defense, but Husband's parents will then have the opportunity to show that Husband...
Archived
Collection agency has judgement against me from 2008 . got copy of suppose served summons . it has no signature of person served
Brandon's answer
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Answered on July 15, 2013
It sounds like the agency obtained a default judgment against you. If you dispute the judgment, you should contact a local legal aid office or...
Archived
I have filed bankrupureg what can i do.
Brandon's answer
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Answered on July 15, 2013
An attorney has an obligation to keep his/her client informed of the status of the case. That said, you may not have heard anything from your...
Archived
If I'm the only creditor in a bankruptcy and another company has a judgment against the debtor, how will I get money due me?
Brandon's answer
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Answered on July 15, 2013
As Mr. Berkus points out, there are a number of factors that will determine whether you will end up collecting anything or nothing. If the debt...
Archived
Is a 2004 hearing mandatory part of bankruptcy proceedings
Brandon's answer
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Answered on July 14, 2013
Your flat-fee agreement should itemize what services are covered and what are not. Generally, flat-fee agreements don't include the 2004 hearing,...
Archived
Do I have to file my chapter 7 papers in person, or can I file electronically or by mail?
Brandon's answer
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Answered on July 14, 2013
A bankruptcy attorney will be able to file for you electronically. A Chapter 7 case is generally handled on a flat-fee basis. I would urge you to...
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