Chapter 7. If I made "preference" payment to bro of $2,000.00; Can a preference payment be listed and exempted to prevent unwind
Thomas's answer
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Answered on May 01, 2015
No. Exemptions cannot be used to protect preferential transfers. The reason why is that you would in effect be using the exemptions to protect what...
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I need to file bankruptcy (chapter 7) for a judgment rendered on me of $84,00 in California.
Thomas's answer
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Answered on May 01, 2015
Do not omit any debts. No matter what.
If you fail to list creditors intentionally that is a form a bankruptcy fraud. A creditor or the...
Can I file a second amended complaint if I already filed one to take care of a demurrer
Thomas's answer
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Answered on May 01, 2015
You will need to file a motion with the Court to get permission to file a second amended complaint.
It is common that courts sustain a demurrer...
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My roomate is trying to sue me. He has a questionable past with previous roomates and I think he 's trying to cheat me of money
Thomas's answer
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Answered on May 01, 2015
Because the amount is below $10,000, any case over this dispute would be in small claims court. Attorneys are not permitted in most jurisdictions...
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Can you obtain a subpoena issued by the court if there is no action pending yet?
Thomas's answer
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Answered on May 01, 2015
No. There must be a case pending for a subpoena to issue.
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How can i get rid of a judgement lien that was put on my property by a creditor in chapter 7 with abstract judgment
Thomas's answer
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Answered on May 01, 2015
I agree with Mr. Gambrell and Mr. Rausa. There is a procedure to strip off the lien, but handling this yourself is a bad idea. You need an...
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Civil summons & complaint served by sister on 04/23/15, with deceased mom techninally in ch. 13 and awaiting hardship discharge.
Thomas's answer
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Answered on May 01, 2015
Your mother is still eligible for a discharge in Chapter 13, but you must first get appointed as the personal representative as soon as possible....
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I need to file Bankruptcy to save my house from a foreclosure sale next month. Should I file Chapter 7 or 13?
Thomas's answer
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Answered on May 01, 2015
Mr. Gambrell's answer is spot-on. Follow his advice.
Archived
Can I still amend my chapter 7 to include my tax refunds?
Thomas's answer
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Answered on May 01, 2015
The question is really one of timing. Have they already taken the funds? Or is this still pending? For example, are you still waiting to receive...
In California is your attorney required to give you a copy of your bk documents?
Thomas's answer
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Answered on May 01, 2015
Any attorney should be give a client copies of court documents upon request. It is not reasonable to withhold them.
The best thing to do is put...