Back in 2007 during my divorce my ex wife got awarded $6000 in attorney fees. She had not made any effort into collect these fees until now 8 years later. Is there a statue of limitation on this? Is a parenting plan considered a written contact?
I agree with the other attorneys. A judgment can be collected anytime within 10 years of the judgment being entered, and that period can be extended an additional 10 years (20 years total) upon motion and notice.
However, an award of attorneys fees unless considered punitive related to a crime, is dischargeable in bankruptcy, and can be completely eliminated if the debtor qualifies as such.See question
If i filed ch 13 a month ago and paid my attorney his down payment and now because of an unrealistic expectations in ch 13 need to convert to a ch 7, and i will be about 10-20 days late paying my attorney his additional ch 7 attorneys fees and he ...
Typically in my jurisdiction the case would proceed normally. In a chapter 7, after the conversion, once the updated schedules are in the only typical remaining tasks are to submit your requisite documents to your trustee, and then attend the 341 hearing.
If need be the case might be dismissed or closed, but you should be able to reopen or vacate the dismissal once the new attorney is found. Try to work with your attorney however.See question
files a TRO for civil harassment against me without my ever knowing it to prevent me from attending coming, will this prevent me from attending the hearing. If she does this before the hearing and I never get notice of the TRO? Do I have a right t...
First, from this it looks like you do have notice of the TRO.
In any event, a court hearing is always an exception to a TRO, and you may attend. However, I highly recommend hiring an attorney to do so for you, as making a scene or showing up unprepared will have no benefit.See question
action against debtor? I read LBR 3015.1 b3 where it states the creditors are to receive a copy of the plan 28 days b4 meeting. In the debtors filing she put the last 4 digits of my case no as an account #. Since she never owed me $ but I a suing ...
If you were never a creditor then there is no obligation to provide you with a copy of the proposed plan. You must be an actual creditor or have an actual case against the creditor at the time of filing.See question
I have been separated from my ex for a year. Moved out in Aug 2014 and left the state. I filed for personal Bankruptcy here in Nevada, but don't want to wait for 4 months to file for divorce to have that take another 90 days. There is NOTHING to s...
You can certainly file. All of your debts prior to filing will be discharged regardless of whether they are community debts or non-community debts.
HOWEVER, it is a good idea to divorce and then negotiate a settlement. Why? Because non-maintenance settlement debts are dischargeable in a Chapter 13 case. So if you negotiate a settlement which requires payments to a former spouse to balance out a property split, that settlement amount is dischargeable, and you get to keep any property that you can cover if the Chapter 13 plan can be confirmed.
If you plan on filing Chapter 7, then it won't matter, you can file anytime.See question
Have already done preliminary research. Please correct me if I am wrong in anything which I state. I moved to AZ from CA <2 years ago. I understand if I file for ch 7 from today up until 2 years passes that I would be filing for BK in CA using the...
You can file in the state where you have lived for roughly 6 months. You use the exemption laws of where you have lived the majority of the previous two years. Hope this helps.See question
My chapter 7 bankruptcy was discharged at the beginning of June of this year. Today I received a letter of Notice of Deadline To File Proof of claim. Stating that creditors are hereby notified that a dividend now appears possible in this case. The...
Bankruptcy courts only allow for a specific time frame for a creditor to assert that they own a claim of the debtors and provide proof of said claim to the bankruptcy court. This is necessary if there ends up being a distribution, as the bankruptcy trustee will only disperse funds to those creditors who have filed a proof of claim.
In most chapter 7 cases creditors will wait to see what happens after the debtor's 341 hearing, as the Trustee will file a report of anticipated distribution or a report of no distribution.See question
I think famous people can seal court cases to protect their privacy? Can a nom-famous person seal a bankruptcy case to protect their privacy?
There are some instances where a court will seal cases. For example to give back certain voting rights or gun rights years after a low grade felony with no history since. You would want to consult with an attorney who has done this before, as the cost would be worth making sure it gets done right the first time.See question
I've been getting calls every day non stop from legal check recovery. I finally answered and they said my husband had a loan that had to be paid because he had a warrant for his arrest for check fraud. And if i didn't pay he was going to be detain...
I agree with the others. This sounds like a scam and you should definitely call the authorities and report the incident along with the information regarding where payments went to. In the future make sure you request proof of the debt my mail and verify with the necessary parties before shelling out money to these jerks.See question
I read somewhere something about an amount that is "reasonably necessary for my support" but I wasn't sure if that was ever defined, or whether creditors just ignore Roth IRA assets because it would require lawyers / a judge to determine that in m...
Nebraska does not specify an amount, but it does protect enough funds in an IRA to support the debtor and the debtor's dependents. When and if a judgement is reached against you, I highly recommend you hire an attorney to make sure you properly exempt your IRA to the maximum amount using Nebraska laws.
If you cannot exempt the entire amount, then you should certainly look at declaring bankruptcy. Bankruptcy laws protect ALL retirement accounts in full up to $1,000,000 in most states.See question