An ex parte application means submitting pleadings to the court on short notice, often without an opportunity for a hearing. The law usually requires the moving party to provide 24 hour notice to the other side, who then must respond in writing to the court the next day. The most common use of an... View More

Your mother can file a Chapter 13 bankruptcy, but she won't receive a discharge if she received one last year. A discharge can only be granted every 8 years. If the house was already sold at a Trustee's Sale the debt was probably erased -- unless she had an equity line of credit.... View More

This is a form some Districts use when on spouse is filing bankruptcy individually (without the other spouse) and wants to use the exemption system under CCP 703.140(a) instead of CCP 703.140(a).

I suggest you look at the following link that explains the election of exemption system in... View More

You are correct that the procedure you need to follow is a Motion for Relief from Automatic Stay. This is done by custom drafted pleadings on pleading paper.

Most Districts require a local form Relief from Stay Coversheet form, but this is not enough for the Motion; there is no form... View More

If you own real property you need to pay property taxes going forward. If there was a tax lien on the property prior to your filing for bankruptcy, then the debt was not discharged because it was secured.

In state court the case must be commenced in the state where the injury occurred. Depending upon the facts and circumstances, you may be able to sue in Federal court in the state where you reside. Your attorney will decide which court is best suited to litigate your case.

Yes, this can be written into a settlement agreement. If it is not written into a settlement agreement, the court will not order a father to pay for his children's college expenses or order him to pay a share of any personal injury sum to you.

If I understand the facts, there is an indication that seller has filed bankruptcy. If so, the property may need to be purchased through the Bankruptcy Trustee, or at least seller would need the Trustee's or US Bankruptcy Court's permission to sell. You need a local real estate attorney... View More

I could not find a local form to request a continuance. The general procedure would be to try and get an agreement for a continuance, then check with the Court Clerk for available dates, choose one, and then file a stipulation for continuance.

If you cannot reach an agreement you would need... View More

Yes, you even if you did not get spousal support, you can still apply for it later by bringing an Order to Show Cause within your divorce case, unless you permanently waived support. If you did waive support you will need to bring a Motion to Vacate the judgment within six months of the date... View More

If your husband is failing to comply with discovery, you need to bring a Motion to Compel. The judge will then usually fine him for non-compliance, and give him a date by which he must comply, or face further sanctions.

A divorce never requires the other spouse's signature no matter how long the parties have been separated. Dissolution cases are often settled by mutually signed written agreement, but many are decided by the court at trial, or proceed by default.

Unless you waived spousal support in a marital settlement agreement or stipulated judgment, or the court otherwise terminated jurisdiction for spousal support, you can request spousal support from the court. You will need to file and serve a Motion, or an Order to Show Cause to do so.

The respondent is served if he signs and returns a Notice & Acknowledgment of Service. I think this is your question. Service by mailing and posting is not available in marital dissolution cases.

You can file pleadings by mail if you include a self-addressed, stamped return envelope and an additional copy of the pleadings you are filing so that the Court Clerk can return a 'Filed' endorsed copy to you.

If you were served with a divorce petition you can continue to have contact with your wife if you wish unless you were also served with a restraining order. You will need to retain counsel to respond to the divorce petition, that attorney can analyze your entire situation and better advise about... View More

(1)Most countries will allow a couple to divorce if they are residents of that country, but you would need to check with an attorney licensed to practice in the country where you reside to be certain.

(2) The US recognizes most foreign divorces, but again this would depend upon the country... View More

Your home loan account was not discharged, a secured debt such as a home mortgage cannot be discharged in a Chapter 7. You need to pay for your home, or the lender will foreclose despite the bankruptcy.

In California the PCOR will be completed by the Assessor's Office and the transferor charged an additional fee for preparation of the form. The PCOR is not recorded, and not available for public view. It does become a part of the records of the Assessor's Office. I don't know... View More

As the posting category of this question suggests, you should seek the services of a Real Estate attorney. It sounds as if the adjoining property is responsible for the cost of removing the tree roots and any other damage caused by the tree encroaching on your property.