Archived
Can a motion based upon CCP 1132(b) & CCP 1133 stop a non-judicial foreclosure in its tracks in Calif?
Carl's answer
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Answered on August 13, 2017
No, because there's no such thing as a motion under either of those code sections. The confession of judgment process is rarely used and designed...
Archived
What's is the limit age for a person to file bankruptcy?
Carl's answer
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Answered on August 12, 2017
There is no age limit for someone to file for bankruptcy.
Archived
WHat are customary charges by lenders for arrears claim reporting in a ch13 ?
Carl's answer
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Answered on August 11, 2017
I'm not really sure what you mean by "typical/customary juice and fees". I usually see the past due mortgage payments, late fees, foreclosure fees...
Under CA law when you can you bring a motion for judgment on the pleadings?
Carl's answer
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Answered on August 11, 2017
The time for a motion for judgment on the pleadings is governed by Section 438(e), which reads as follows:
"No motion may be made pursuant to...
Is a writ of possession rendered void in an eviction if a chapter 7 stay was issued by BK court the previous day
Carl's answer
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Answered on August 11, 2017
I don't now about evictions on Colorado, but a court typically doesn't issue a writ of possession until a judgement of eviction/possession has been...
Archived
What happens next?
Carl's answer
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Answered on August 11, 2017
If you don't have an attorney, get one. You should file opposition to the bank's motion and include a detailed statement of how you will get the...
If i go thru bankruptcy and im on ssi will the trustees make me pay
Carl's answer
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Answered on August 10, 2017
The trustee cannot take your social security or force you to use it to pay you debts. You still need a consultation with an attorney because it...
Archived
In California, when filing a response to a complaint, is the $435 fee for each defendant or is it one fee of $435 if the single
Carl's answer
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Answered on August 08, 2017
Each defendant must pay the fee. It might not make sense, but that is how it works.
Archived
Adversary action against credit card debtors is possible?
Carl's answer
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Answered on August 08, 2017
They are probably referring to an adversary proceeding, which is a lawsuit filed in bankruptcy court. You've never filed for bankruptcy, so i would...
Archived
Can you be evicted by the bank if you are pregnant, always paid on time, and it was your landlord who didn't pay the mortgage?
Carl's answer
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Answered on August 06, 2017
Check with a local attorney. The bank owns the property and may want to sell it. Laws on how long a tenant can say in a foreclosed property very by...
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