A debtor can dismiss a Chapter 13 case at anytime by filing a form. Permission of court is required for dismissal of a Chapter 7 case. After a case is dismissed or discharged, you can buy real property without permission of the Trustee or Court.

If you purchase property while you are a... View More

First, it sounds like you should be receiving more spousal support. If your ex-husband is actually wealthy and a physician, while you are unemployed, then I would suggest a motion to modify spousal support. The fact that he encouraged you not to work should help you get more... View More

The US Bankruptcy Court Clerk receives a 'mailing matrix' of creditors from the debtor or his attorney. The Clerk will then mail a Notice of Bankruptcy filing to you.

If you are concerned that someone who owes you money has filed for bankruptcy and listed you as a creditor, you... View More

Yes, there is a 6 month 'cooling off' period for a marital dissolution no matter how long your marriage. There is no such waiting period for annulments of marriage. Annulments require proof of specific facts such as: minority, bigamy, fraud, failure to consummate marriage, etc. I have... View More

You can reaffirm a timeshare debt. On the other hand, you should carefully examine whether you want to do so. Usually timeshares come with expensive maintenance fees, making them not worth reaffirmation. Also in today's market what you owe on the timeshare is often greater than the resale... View More

A Response doesn't need to be filed before it is served. You should check with the Court Clerk's office to be sure that the Response was in fact filed, and when it was filed. If more than thirty days has elapsed you can proceed by default by filing a Request to Enter Default and serving it on him.

Yes, in this situation the complexity of this case does not sound like it would justify the cost of hiring counsel. If you have reached an agreement on all issues of the case you will probably want to proceed as uncontested case. To do so you would file a stipulated judgment for divorce. You... View More

A contempt citation is at the discretion of the court. (i.e., it depends how bad the judge thinks this was). Bring it up at the next hearing -- it can't hurt.

Parties cannot serve papers themselves, so if you literally mean the petitioner served papers it was an improper service. You... View More

You can file a Notice of Appeal seeking review of a Superior Court decision by an appellate court. In general, the appelate court will either affirm the lower court's decision, overrule the decision, or remand the case for further consideration by the trial court.

Other possible actions... View More

The easiest way to figure out custody percentages is to use the formula for counting hours in a week: 7 x 24 = 168. Multiplying 168 by 5% gives approximately eight hours of visitation per week, or more likely, 16 hours of visitation every other week. Percentages are usually used to calculate... View More

Husband and wife can both be listed on a declared homestead. You file a Joint Declaration of Homestead with the County Recorder's Office where the home is located. You will need to obtain a form at a local stationery store or on line. I found one at the Sacramento Law Library website:... View More

If you do not yet have an Earnings Assignment Order, you will need to file with the County Court a form 'Ex Parte Application for Earnings Assignment Order'. This is a fill-in-the-blank Judicial Council Form #FL-430, and it is available on line at the California Courts website,... View More

The traditional method for a person to sign under a POA is by signing your own signature, then printing your name below the signature and after that the following: 'Attorney in Fact for _______' and printing the name of the person for whom you are signing. It would be a good idea to... View More