Does filing a motion to quash a Deposition Subpoena for Personal Appearance and Production stay the duty to appear?
Thomas's answer
|
Answered on June 23, 2015
A motion to quash, by itself, does not stop the deposition. You will have to get the hearing advanced to a date before the deposition date.
You...
Selected as the best answer
Archived
Do I need to reveal my Bankruptcy chapter 13 status to the court or plantiff for an Unlawful Detainer?
Thomas's answer
|
Answered on June 23, 2015
First, you you should tell the UD court about the BK case immediately. It may slow down the UD case, but will not stop it.
If you breached the...
Archived
My CH. 7 BK petition was dismissed because the clerks said it was missing one schedule. Can I re-file with all the schedules?
Thomas's answer
|
Answered on June 23, 2015
Do not try to do this yourself again. As you have already seen, small mistakes in the BK system can have huge consequences. With the prior...
Archived
How do Student Loan Servicers respond when a borrower who is not in default and not behind on payments files Chapter 7?
Thomas's answer
|
Answered on June 23, 2015
You should get the payment plan set first, then file the BK case. As with the prior answers, the student loan lender is going to look at your...
Archived
HOA fees on bankrupt home
Thomas's answer
|
Answered on June 23, 2015
HOA fees post-petition cannot be discharged so long as you were on title to the property.
I have had cases where this precise problem arises,...
Archived
Make No Payments To Federal Student Loans During Chapter 13 Bankruptcy?
Thomas's answer
|
Answered on June 15, 2015
I agree with Mr. Steingraber. You will still owe the student loans at the end of the chapter 13 plan. They are non-dischargeable.
However, there...
Archived
For a Chapter 13 bankruptcy, How do I show I am paying child support for a child in Peru?
Thomas's answer
|
Answered on June 13, 2015
The best way to prove the expense is to send the receipts for the payments to the bankruptcy trustee as part of what is called the "521" documents....
Archived
Second mortgage has not been paid in 5 years and I want to file Bankruptcy Chapter 13.
Thomas's answer
|
Answered on June 13, 2015
In California, you can strip off a second unsecured lien from your primary residence. This is called a "lien strip" and it requires that the face...
Archived
“I filed chapter 13 4 minutes before the auction started at the courthouse steps and the bank didn't know it and sold it.
Thomas's answer
|
Answered on June 13, 2015
The automatic stay goes into effect the second you file the BK case. The foreclosure is an express violation of that stay.
However, the Courts...
Archived
I am out of a chapter 13 bankruptcy, my mortgage company is ordering me to pay 5000 back fees from a closed bankruptcy?
Thomas's answer
|
Answered on June 13, 2015
I agree with Mr. Young. This is very likely a violation of the automatic injunction.
When you file a BK case under any chapter, the automatic...