Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Burton A. Padove
1 Answer | Asked in Bankruptcy for Indiana on
Q: Garnishments: any money deposited into account AFTER the garnishment date should be freed? Correct?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

Incorrect, it is the account that is frozen not the amount of the funds. So if you deposit funds after the date that the garnishment is served and before a court ruling, the additional funds are also frozen.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am 1 year into a ch13.I have a Harley that will be paid off soon, it is not being paid by the trustee, can I sell it?

I am 1 year into a ch13. all paymets made on time no poblems. I have a Harley that will be paid off in two months, at this time my trustee payment is scheduled to increase. The Harley is not being paid by the trustee, can I sell it once I receive the title?

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

The Harley is an asset of the estate being administered by the Trustee. I suggest that you discuss the matter with the trustee beforehand.

2 Answers | Asked in Car Accidents for Illinois on
Q: My car was parked when involved in an accident with two motorist. Either one is admitting fault. Which INS CO. is liable

I've contacted both INS co. regarding damages to my vehicle. Both INS is claiming that their insured isn't responsible for the accident. However, I'm innocent in this matter my car was parked.. Which INS should handle my claim?

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2011

Terry is right-those are your options assuming that the damage to your vehicle is small enough to be a small claims matter. If not, then just go through your own insurere, if you have one.

View More Answers

1 Answer | Asked in Bankruptcy for Illinois on
Q: How can i remove items from credit report
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

You can send a letter to the creditor asking them to remove the items if the information is not accurate. If they fail to do so, you may have a cause of action. You can also send a letter to the credit reporting agencies.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for a Chapter 13 in 2008.

I filed for a Chapter 13 in 2008. After a year I lost my job so I was advised to stop making payments to the trustee by my lawyer with the intent of filing a Chapter 7. As of today, my lawyer has still not filed my Chapter 7. I have creditors calling and sending me notices. I have had my truck... View More

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

The answer depends to an extent on what the fee agreement says and also in part what the fee approval order called for as well as a determination whether the lawyer completed his or her job for a chapter 13. He or she may be requiring an additional fee if the conversion ws not included in the... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: I am looking for cases where the claim was disallowed and where a claim was allowed. i am doing a paper sec. 501 & 502.

I am working on a paper on validity of claims under US Bankruptcy law. I need to find cases on this subject, specially in respect to section 501 and 502 of Title 11. Can you point me to the right direction please?

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

You should be able to locate this information on Google Scholar or the Banruptcy Reporter.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Does the co- borrower have to sign the forms when applying for Home Affordable Modification Program.

The co-borrower filed for Chapter 7 bankruptcy in 2003 and has moved out he pays nothing toward the mortgage. Hi lawyer advised him against signing but the mortgage company wants him to sign what do I do?

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

Yes, unless waived by the lender. If the co-borrower is being releases of his or her liability in the underlying note and mortgage ( not likely), I do not think a signature would be needed.

View More Answers

2 Answers | Asked in Bankruptcy for Illinois on
Q: Filling for modificatio for 2nd time should i look for legall assistance or should i continue with bank
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

Chances are that a lender is a partial cause of your need for a modification, so I would hire counsel to assist you. there are counsel who focus their practice on modifications, so I suggest that you hire one of them.

View More Answers

2 Answers | Asked in Uncategorized for Illinois on
Q: How do you fill out a appearance and consent form
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

I know it sounds to easy to be true, but fil out the form and have your spouse sign it in front of a notary.

View More Answers

1 Answer | Asked in Uncategorized for Indiana on
Q: What is the State of Indiana's equivalent to D.C code section 16-1905?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

12-26-6

1 Answer | Asked in Uncategorized for Indiana on
Q: How do I go about hiring a PCR attorney
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

This is no different than any other attorney hiring. Check referrals from friends, bar association referral services, internet, yellow pages. You could google PCR attorneys in Indiana and find appellate case decisions and see who the attorneys were.

1 Answer | Asked in Uncategorized for Illinois on
Q: Are electronics such as televisions, stereo equipment, and DVD players considered to be "household furnishings"?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

They can be considered to be household furnishings, smaller items, personal belongs. I wish you had posted the context of your question.

1 Answer | Asked in Uncategorized for Illinois on
Q: How many qualifying units does one need to be admitted to the trial bar in the ND of IL?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

http://forms.lp.findlaw.com/form/courtforms/fed/cir/c7/d/ilnd/ilnd000018... 4 units

1 Answer | Asked in Uncategorized for Illinois on
Q: What does CF mean on a court case?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

Criminal felony

1 Answer | Asked in Uncategorized for Illinois on
Q: What is the name and addresses of the federal, state, and appellate courts in Illinois?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

You should be able to obtain this information by purchasing or checking out at a library the Illinois Blue Book for Attorneys.

1 Answer | Asked in Uncategorized for Illinois on
Q: How do I file a petition to register a forgein judgment in IL?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

You dont: Sec. 12-652. Filing and Status of Foreign Judgments.

(a) A copy of any foreign judgment authenticated in accordance with the acts of Congress or the statutes of this State may be filed in the office of the circuit clerk for any county of this State. The clerk shall treat the...
View More

1 Answer | Asked in Uncategorized for Illinois on
Q: How much is the witness fee to testify pursuant to subpoena?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

I bel;ieve that it is $25 plus mileage.

1 Answer | Asked in Uncategorized for Illinois on
Q: I wrote a letter of reference to me on behalf of my professor, he gave me authorization to write the letter.

Because of a miscommunication I sent the letter but he wanted to send the letter and not me.. Now he contacted the program where I sent the letter and they are contacting me.. Am I in risk of being in a big trouble? How can I defend myself?

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

I dont know what big trouble means. However, if the letter is truthful, you should be bale to explain it as a miscommunication.

1 Answer | Asked in Uncategorized for Illinois on
Q: How do I respond to a summons? I have an Entry of Appearance form for my county. What else do I need to do?
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

You need to file a responsive pleading or answer. Additionally, you may wish to file a jury demand.

1 Answer | Asked in Uncategorized for Illinois on
Q: Do we have the right to object to are attorney's moition to withdraw
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2011

Yes. Although, I have rarely seen a judge deny a Motion to Withdraw as counsel.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.