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Questions Answered by David Luther Woodward
3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: How much can a pawnbroker charge in interest for money loaned in California ?

Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26

Can they charge that much interest?

The paperwork states 45% charge annual is that loan sharking?

David Luther Woodward
David Luther Woodward answered on Mar 4, 2021

Yes it is, and probably they can. Pawnbrokers have the ability to charge massive interest rates under many state laws. I am not familiar with your state, but here in Florida it is confiscatory.

You only mention bankruptcy. Go see a good local bankruptcy lawyer (not one of those mills...
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1 Answer | Asked in Criminal Law and International Law on
Q: Good Morning I need some advice on an indictment that was dismissed in 2003. CR 93-588 LH, Document 74, 09-15-2003.

I have been living in Mexico for the past 25 or so years due to this indictment. I need to cross back into the U.S. for some legal matters due to the passing of my father. I only have my original birth certificate and baptismal certificate. Please inform me as to my status as far as crossing the... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 25, 2021

You give no clue on which state held the indictment, but if it was truly DISMISSED it is probably long forgotten unless the NCIS computer remembers it. I would contact a lawyer in the state/county where the charge was to do some quiet inquiry on your behalf to determine the status because leaving... Read more »

3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: I own a house with my parents. If dad goes bankrupt can they take the house?

Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.

At the risk of asking two... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 24, 2021

You have posed a multi-part complex question that only be definitively answered by a talented real property/bankruptcy lawyer in California. For instance, you cannot just waltz down to the court house and "take your name off" a mortgage. You are also resident in a community property... Read more »

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4 Answers | Asked in Bankruptcy for Alabama on
Q: Will getting new car insurance affect my bankruptcy?

I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 20, 2021

Find a more reasonable insurance carrier. I have changed twice in the past two years for just that reason (I don't live that far from you) and they are competitive. Be sure you have adequate liability limits and equivalent uninsured motorist coverage. It's always the other guy who has... Read more »

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3 Answers | Asked in Bankruptcy for Washington on
Q: Will chapter 7 eliminate a civil judgment? What about others listed on the judgment not filing?

Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?

David Luther Woodward
David Luther Woodward answered on Feb 21, 2021

You don't file bankruptcy to rid yourself of one judgment: the Chapter 7 is comprehensive and includes all debt that is either non-dischargeable or which you reaffirm.

As my colleagues have pointed out, your son will need his own case if he is interested in a discharge.

Good Luck

d

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3 Answers | Asked in Bankruptcy, Consumer Law and Divorce on
Q: Will you be my lawyer
David Luther Woodward
David Luther Woodward answered on Feb 17, 2021

You need a lawyer there in Grand Junction.

Check with the local county bar association lawyer referral service, or inquire of the State Bar in Denver

You need someone who practices in the area of your interest, which you indicate.

Good Luck

d

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2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: What do i do when my lawyer that is representing me says he needs more money to continue the day before trial.

I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 16, 2021

Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.

It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may...
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2 Answers | Asked in Bankruptcy on
Q: I just moved to Tennessee, I need to file for chapter 7, do I need to do it in my home state or can I file here.
David Luther Woodward
David Luther Woodward answered on Feb 5, 2021

If you have assets in the District (as in District of the District Court in which you are living) or if you have been in the District for the "greater portion of the previous 180 days" you can file in Tennessee. There is a caveat: your exemptions in your former state may be better for... Read more »

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1 Answer | Asked in International Law on
Q: is international law cannot prevent its own violations and why is it cant prevent?
David Luther Woodward
David Luther Woodward answered on Feb 5, 2021

You question makes no sense. Please rephrase it with some detail

2 Answers | Asked in International Law for Georgia on
Q: How can I get legal advice regarding a CD transfer from a late relative to another relative? The bank is foreign.

The bank is in Europe.

David Luther Woodward
David Luther Woodward answered on Jan 30, 2021

You need to contact a lawyer in the country where the account is held for advice. With the paucity of information you give no one here can be of assistance.

Good Luck

d

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3 Answers | Asked in Bankruptcy for Michigan on
Q: Is a civil subpoena for a debt from New York State enforceable in another state?
David Luther Woodward
David Luther Woodward answered on Jan 23, 2021

A judgment from one state cannot be recognized in a second state until either it has been "registered" pursuant to statutory procedure, or a suit on the judgment has been reduced to judgment in the second state. Once it has been "domesticated", then proceedings supplementary... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Ex-BF filing for bankruptcy; he's on the mortgage, we're both on the deed. What happens? What are my rights?

BF (now ex) and I bought a house together in Texas. Deed is in both our names but he's the only one on the mortgage; property is homesteaded, neither of us owns any other real estate. Since he earned 10x what I did, he paid the mortgage - until a year and a half ago when he sort of went out... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 20, 2021

The answer to "do you need a Texas lawyer?", the answer is yes.

It is difficult to give you an opinion on anything having to with the title to land without reviewing the documents of title, and perhaps the chain, but he is required by law to list all of his assets and all his...
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2 Answers | Asked in Bankruptcy, Gov & Administrative Law, Public Benefits and Small Claims on
Q: When am I going to get my money

For the first time in the last few years ago when I was Powerball tickets online

David Luther Woodward
David Luther Woodward answered on Jan 11, 2021

What money?

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2 Answers | Asked in Bankruptcy for Indiana on
Q: in Indianapolis Indiana, recently unemployed, how do find a Pro Bono Lawyer? Trying file chapter 7 over 30,000 in debt

Medical and Credit Card bills pilling up. I was recently in hospital last month for diabetes and high blood pressure. Do not want the stress of creditors calling me, sueing me and wage garnishment when I return to work. Trying file Chapter 7 before returning to work. Do not want have file for... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 8, 2021

Doing your own Chapter 7 is roughly equivalent of doing your own appendectomy.

Have you talk to a Bankruptcy lawyer. There are now methods to pay for the 7 after filing, but what's the rush? Wait until ALL THE MEDICAL BILLS ARRIVE. Providers are notorious for taking their time bill...
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5 Answers | Asked in Bankruptcy for California on
Q: My estranged husband and I are going through a divorce, in September 2020 he filed for bankruptcy listing me as a credit

It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 3, 2021

Mr. Winterstein is correct

You should bring this up with your divorce lawyer and seek his advice. He cannot properly represent you if you proceed to obtain relief in a different fashion.

It sounds like your husband has committed bankruptcy fraud. If you have solid evidence, the...
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4 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Q: Applicants filed for bankruptcy chap-7, two of their BK is discharged and one is FILED status. Should I rent my property

Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 31, 2020

It appears that you are dealing with them in what we call "post petition". The fact that a Chapter 7 is pending may present an issue if the bankrupt proceeds without the consultation with his counsel, and probably the trustee, but I cannot see how your property would be included in any... Read more »

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2 Answers | Asked in Criminal Law, Constitutional Law and International Law for Colorado on
Q: Is it possible to get a case tossed out on procedural grounds without needing to post bond or show up personally?

Long story short, I recently had my passport revoked while abroad due to a state felony arrest warrant being issued for me about 8 years ago. During my time abroad, I have filled my US taxes every year, voted in every election (same district that has filled the charges), been registered in the... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 30, 2020

You have a tricky situation:

I would approach it this way. I would contact a very good criminal lawyer in the jurisdiction where the criminal action is lodged and abide his advice. If your theory (or any theory) is correct, then you can attack the passport problem once you have your...
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1 Answer | Asked in International Law on
Q: I'm sorry I still don't understand is the name capsule Corp trademarked or is it cancelled as a trade-mark?
David Luther Woodward
David Luther Woodward answered on Dec 29, 2020

This is an impossible question to answer in short form. Where was it trademarked? What is trademarked in more than one jurisdiction? Who and what was done to cancel the mark, if anything.

I suggest you confer with an intellectual property lawyer who has some international experience....
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1 Answer | Asked in Divorce and International Law on
Q: How to get an international divorce recognized in the USA?

I got married to a Russian citizen in Rhode Island. Later we got divorced in Russia, where I still live and work. I want to get married again (this time in Russia), but I'd need to provide Certificate of No Record of Marriage from the US. Is it correct that to get this document I'd have... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 16, 2020

This is the first time I have heard of such a certificated requirement in over 50 years of practice. It is tantamount to proving a negative, which is damned near impossible. It requires examining the universe and concluding such does not exists

Start with the issue that marriage is...
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1 Answer | Asked in International Law on
Q: Dear, My private sailing yacht is confiscated in International waters.and returned damaged.

Dear,

My private sailing yacht is confiscated in International waters and drag to Spain in search for drugs by Spanish police.

There was no drugs on boat and boat is returned to me very damaged.$95 000 officially estimated.

I am Serbian citizen .no US residents.

My... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 11, 2020

Suing a sovereign state is a sticky-wicket anywhere. There is the traditional concept of sovereign immunity which simply put is "the King can do no wrong".

U. S. does have a statute permitting the filing of suits against foreign governments. It is, indeed, a specialty. Finding...
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