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CHAPTER 7 AND RECEIVING MONEY FROM ANOTHER: at one point me and my mom had separate checking accounts at the same bank, but i was i was a joint holder on her account. I was transferring funds from her account to mine to pay her bills, and also she was telling me to transfer x amount of dollars to help with my expenses. The problem is since I did not anticipate bankruptcy coming to my door step, I did not keep records of the money she told me to transfer for my use. I just remember transferring money as she told me to do. I have the bank statements that shows all the transfers. I can almost tell which ones are for her bills, but im having problems with pin pointing all the transfers from her account to mine for my use. Oh my aching brain.. Its not like thousands of dollars though. Maybe a few hundred maybe.

Asked almost 6 years ago in Chapter 7

Todd’s answer: Generally speaking, for purposes of bankruptcy, your income is money you earn through employment. However, regular contributions to your household expenses must also be declared in your schedules. From your posting, it sounds as though your mother made regular contributions to your household expenses. You should declare these regular contributions in your schedules. If you have not already filed bankruptcy, I would suggest seeking the assistance of a bankruptcy attorney in your area.

Answered almost 6 years ago.


Being sentenced from a federal court for 97 months for aiding and abedding hobbs act robery. Can it be appealed?: My sister was sentenced to 97 months in a federal court, she had an appointed lawyer. If we hired a lawyer could we appeal it? There was a letter from the guy that actually did the crime written to the judge addmitting that she had nothing to do with it and her representation said that she would prob. get out with time served. she was in there 22 months before she went to her sentecing. We're trying to find out what we can do to help her get this overturned. There is witnesses and testomony that wasn;t issued to the court. Do you have any advise about what can be done?

Asked over 6 years ago in Federal Crime

Todd’s answer: Yes. Your sister has the right to appeal her criminal conviction. However, her appeal will be a lengthy process, and you will need to determine upon what grounds you can appeal her conviction. You really need to enlist the aid of a skilled criminal defense attorney with experience handling appeals in federal court. I performed a quick lawyer search and found an attorney by the name of Eric Foster who appears to focus his practice on criminal law, including federal court appeals. Here is his contact information as listed on the North Carolina State Bar Website:

Eric J. Foster
210 River Bend Drive
Mars Hills, NC 28754
828-275-9918

I do not know him personally or professionally as I live and practice on the other side of the state, but his credentials look solid and he has been practicing for almost 20 years, so he may be able to help.

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DISCLAIMER: I am admitted to practice in the state of North Carolina only and make no attempt to opine on matters of law that are not relevant to North Carolina. This answer is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the response provided herein. Consult an attorney in your locale before taking any action that may affect your legal rights. You should not rely on this response alone and nothing in these communications creates an attorney/client relationship.

Answered over 6 years ago.


Bankruptcy: can you still file bankruptcy if you have been served with a civil suite for a credit card. i was waiting to get the money to file and now i have been served .

Asked over 6 years ago in Debt Collection

Todd’s answer: Yes, you can still file. If you have just been served with the suit, you have time to answer the suit. If you do not file an answer, the plaintiff/credit card will get a default judgment. After they get a default judgment, they need to execute on that judgment. However, I agree with the other responders that you should take steps to move forward with your bankruptcy as soon as possible. You might start by signing up for and completing the mandatory pre-filing credit counseling that every debtor must complete before filing for bankruptcy. The pre-filing credit counseling takes about two hours and can be completed in person, over the phone, or online. Here is a link to the list of court approved credit counseling agencies for the Eastern District of North Carolina:

http://www.nceba.uscourts.gov/forms/cclist.pdf

In addition to completing the credit counseling session, I suggest you contact a bankruptcy practitioner in your area.


FEEDBACK: Both AVVO and other readers are interested in your feedback. Please check the “thumbs up” symbol if you find an answer helpful.
DISCLAIMER: I am admitted to practice in the state of North Carolina only and make no attempt to opine on matters of law that are not relevant to North Carolina. This answer is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the response provided herein. Consult an attorney in your locale before taking any action that may affect your legal rights. You should not rely on this response alone and nothing in these communications creates an attorney/client relationship.

Answered over 6 years ago.