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Questions Answered by William Earl Winfield
3 Answers | Asked in Bankruptcy for California on
Q: For an adversary proceeding regarding the discharge of student loan debt, what resources should I consult for guidel
William Earl Winfield
William Earl Winfield answered on Nov 4, 2019

I recommend you get a copy of the book Graduating With Student debt by Student Hauser and Daniel Austin. you should be able to buy either the hard copy or ebook online. https://store.abi.org/https-graduatingwithdebt2d-plusebook.html

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: Can my roommate sue me if I pack up and leave and refuse to pay rent?

My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash... Read more »

William Earl Winfield
William Earl Winfield answered on Oct 29, 2019

Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to make a... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: my boyfriend and I just moved into an apartment on a 1 yr. lease. he changed his mind and is moving out.

we qualified on his income and I have a prior eviction still on my credit report. what rights do I have in this apartment? Can landlord make me move out in 3 days? we already had a hugh fight disturbing some neighbors.

:(

William Earl Winfield
William Earl Winfield answered on Oct 22, 2019

If you make the payments, and you don't disturb the neighbors, you will be able to stay in the apartment.

2 Answers | Asked in Real Estate Law for California on
Q: My Daughters name is on the deed to a house of her ex husband. Is she libel for anything in regards to that home?
William Earl Winfield
William Earl Winfield answered on Apr 18, 2019

Technically yes, but it is not a great risk.

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1 Answer | Asked in Real Estate Law for California on
Q: A CA corp files inflated Mechanic's Lien on Owner. No 20 day notice or contract. Corp files dissolution. Lien dissolved?

Owner filed for removal of the lien as Corp failed to foreclose. Service was incorrect so hearing postponed. Corp filing for dissolution now. What happens to the lien?

William Earl Winfield
William Earl Winfield answered on Apr 15, 2019

Not automatically, but you have a good defense. The lien will expire if no lawsuit is filed to foreclose.

1 Answer | Asked in Real Estate Law for California on
Q: A week ago I have submitted offer on short sale in which it was accepted. Just recived addendum from seller stating that

Just received addendum from seller stating that they had open escrow 8 months ago with another buyer. Can the seller legally sell the house to me? Although in the addendum seller added that we are not legally responsible nor the current agent for the previous buyers legal course action. Can I still... Read more »

William Earl Winfield
William Earl Winfield answered on Apr 15, 2019

You may need the prior purchaser to sign off on the sale. That can be done in escrow.

2 Answers | Asked in Real Estate Law for California on
Q: how to change a name on the deed my grandpa diddt leave a will or a trusted on the property
William Earl Winfield
William Earl Winfield answered on Apr 8, 2019

You will need to open a probate case to transfer the property.

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6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on
Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

William Earl Winfield
William Earl Winfield answered on Apr 8, 2019

That depends on what kind of case it is and whether parties are the same, but generally yes, it will extend your time to commence the appeal.

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?

We paid him $1200.00 up front. I have the contract and the emails where we sent all documents requested by him. We were soppose to keep you ur home and make monthly payments to creditors.Please help.

William Earl Winfield
William Earl Winfield answered on Apr 4, 2019

I am sorry this happened to you. You should ask the lawyer for a refund. Depending on your agreement, he could have filed and collected the rest of the fee through your Chapter 13. If this does not work, you might consider contacting the State Bar. Whether you are entitled to a full refund will... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can a Plaintiff get a judgement in Civil Court & Federal Court against two defendants for the same amount?

I've been sued in Federal Court for funds I did not receive, which I have proven already. The Plaintiff has also filed a civil suit against the party who received the funds in a different State and won. Can they still sue me in Federal Court, BK 7 Case, despite getting a judgement for the full... Read more »

William Earl Winfield
William Earl Winfield answered on Apr 4, 2019

Yes, this is called joint and several liability, which means the plaintiff can collect from any defendant in any proportion until paid in full.

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