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Questions Answered by David Luther Woodward
2 Answers | Asked in Bankruptcy and Estate Planning for Utah on
Q: Is prior "Small Business Administration" debt inherited after marriage?

My partner has a SBA loan from 2019. Will it become my debt after we get married?

David Luther Woodward
David Luther Woodward answered on Jan 24, 2022

Not unless you endorse it.

Your prior-to-marriage obligations are not changed by the marriage, but subsequent acquisitions may be. Utah is not a community property state, so joint property will have to be acquired as joint property--the title or deed should show both names. Under...
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2 Answers | Asked in Bankruptcy for Ohio on
Q: I am 3 years into a Chapter 13 paying 70% of debt. My income has risen 25% + over the last 1 1/2. I need some advise.

I am faced with having my monthly payment increase significantly and I am in a better position to pay my creditors 100%. I am thinking of asking for a voluntary dismissal but have some questions, pros and cons. First after dismissal I assume my creditors will come after me but can I negotiate to... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 19, 2022

This is a question you should be asking your lawyer. No Lawyer? Get one.

I don't know your case so anything I make say could easily be wrong. Someone familiar with your file should take a look

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Employer not changing Ch.13 wage garnishment, states they have not received the court order after almost two months.

I had my wage garnishment lowered by the bankruptcy court and almost 2 months later, my employer still has not lowered the amount. After contacting my employer, they stated they did not receive a copy of the court order and they asked me to fax them a copy of the court order so that they could... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 19, 2022

It is obvious from the tenor of your question that you are doing a DIY bankruptcy. That's your first mistake. You are making assumptions that things happen automatically when for the most part they don't.

Go get a lawyer to help you sort this out.

Good Luck

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3 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

David Luther Woodward
David Luther Woodward answered on Jan 18, 2022

We do not inherit our parent's debts.

If the parent has assets and the estate is administered, creditors can make claims against the estate. There is a statutory pecking order for payment--and the government comes first!

Good Luck

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2 Answers | Asked in Bankruptcy for Arizona on
Q: I was not notified of a 25% garnishment of my paycheck. This causes an extreme hardship. What can I do?

I am aware of the judgement that was filed. I am planning to file Ch7 bankruptcy, however, I would like to stop the garnishment as quickly as possible. I will not be able to afford my rent next month. Is there anything I can do?

David Luther Woodward
David Luther Woodward answered on Jan 18, 2022

The most effective and efficient way to stop all that stuff is to file for Chapter 7 or 13 bankruptcy--but don't do it on your own. You need a bankruptcy lawyer to guide you through the pitfalls of the process.

Good Luck

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1 Answer | Asked in Collections and International Law on
Q: If I live in Australia and a US citizen owes me money, how would I proceed with getting legal help in getting it back?
David Luther Woodward
David Luther Woodward answered on Jan 14, 2022

How do you propose to proceed.

Where was the debt creadted: Australia or the US.

Has your debtor been Australia when this debt was created.

You need a lawyer, either in Australia or here (or both).

What was your alternative, hire a hitman?

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good luck

2 Answers | Asked in Bankruptcy for Florida on
Q: If my ex files bankruptcy and we co own a home in Florida that I live in with my children, will my home be foreclosed on

We were never married. I went through a modification but have since completed and returned to making regular payments

David Luther Woodward
David Luther Woodward answered on Jan 14, 2022

Does your partner have a lawyer. If he doesn't then you hire one for yourself.

Your half interest is your homestead and if the facts are right the ex's half is his, and as such is exempt.

You need a lawyer to intervene and protect your interest ASAP.

Good Luck

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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and International Law on
Q: Are there any restrictions with a Canadian green card holder working/participating/with P A C political action committee

Example Treasurer or Treasurer assistant, PAC Administrator, or Governing Body, example Chief Executive Officer

David Luther Woodward
David Luther Woodward answered on Jan 12, 2022

This is an immigration question, not international law; however, if he/she holds a green card they can do anything but vote! (My wife--a Canadienne--had a green card and she campaigned for me when I ran for county judge.

2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Law suit loan company took loan money after I filed bankruptcy.

I took a loan against my workers comp case in 2018. I filed chapter 7 bankruptcy in December 2020, bankruptcy was discharged April 2021 with the loan company on the bankruptcy and they did not contest the discharge. WC attorney office paid the loan company in December 2021 when my case settled not... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 7, 2022

You need a bankruptcy lawyer to get a turnover order.

Good Luck

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am wanting advice on waiting out the statute of limitations instead of filing bankruptcy.

I have approx $116k of cc debt. Amex has sued me twice (IN and CA) but dismissed their suits. Otherwise I’m just getting calls and emails, and the debt has been sold.

I have no assets except a $3k used car. I lease my residence and have less than $1k in my checking account and a small... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 5, 2022

You appear to be a good candidate for a personal Chapter 7 liquidation. I don't know where you are in Florida, but there will bankruptcy lawyers there. I would suggest that you get recommendations from friends and acquaintances, or interview the prospects.

You may get a lower fee at...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: My ex husband never took me off the house as was court ordered. It’s about to foreclose. Can I file bankruptcy ?

If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 4, 2022

I think you are correct in being pro-active.

You need to consult a lawyer in Texas who does bankruptcy. You don't say where the house is, what your interest is, nor any detail necessary for complete advice.

Don't wait for someone else to do what you can cure in one...
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2 Answers | Asked in International Law on
Q: Answer the following questions and give reasons for your answers: The seller, company A is a tyre manufacturer based in

Canada. The buyer, Company B, is a tyre distributor from Denmark. In July 2006 they signed an agreement for the

delivery of 3000 winter tyres for heavy trucks. The contract has concluded by email.

Having received the buyer’s acceptance, the seller made a reference in its final... Read more »

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

Your question is more complex than you perceive. This is not the right venue to get a correct response.

You are asking for an opinion on either the Canadian law (and that may be influence by province) and Danish law, with the overlay any treaties that may apply as well as a complete...
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1 Answer | Asked in International Law on
Q: Hello, I have an aquantince back in Palestine. They overstayed their visas and now could face deportation. What happens

They are U.S. citizens, born there. How would the process go, would they be able to choose what state they get deported to or to the state they were born in? Who would pay for the flight? What happens afterwards that?

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

What happens is subject to Israeli law and the agencies of their government that enforce it. Your guess is just about as good as mine, but I would suspect that they will be repatriate on a local airline and dropped off at the nearest arrival point for that airline in the U. S.

3 Answers | Asked in Immigration Law and International Law for Texas on
Q: I am an International student from Myanmar and I am on a F-1 (Student) visa. Is there a chancfor me to apply for asylum?

Myanmar is going through a military coup right now and people do not have jobs. My parents can’t send me money for school or to go back home anymore. I do not have much options.

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

It's hard to answer on these few facts, but my suggestion is to seek a conference with a good immigration lawyer (your situation appears to be mixed between "immigration" and "international")

I know that Burma is a problem, but what the U. S. State Department will...
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3 Answers | Asked in Contracts, Family Law, Banking and International Law for Florida on
Q: Bank account in Canada not honoring my contract.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 18, 2021

Read the contract carefully.

The municipal law of Quebec is based on the Code Napoleon (like Louisiana) and cannot easily be compared to the common law of Florida.

I would suggest you hire a lawyer in Montreal (sometimes a notaire can handle this type of problem) and see if it...
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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a torte claim for approx $7,000 for an auto-accident be discharged in a Ch 7. No DUI involved
David Luther Woodward
David Luther Woodward answered on Jul 13, 2021

The short answer is YES.

Tort (not torte, a French pie) judgments are no different from others unless they include specific punitive or exemplary damages, which may not be discharged.

Take you specific problem to a good BK lawyer so he/she can know all the facts and base an opinion on that.

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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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