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Questions Answered by David Luther Woodward
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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1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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4 Answers | Asked in Bankruptcy for California on
Q: I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income

I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income coming in. But I still have 60.000$ in Crypto currency. My lawyer will be able to protect 35000$ for me. I have a few personal loans that I would like to pay off, its 2 people and total... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 24, 2020

There is no best way!

Personal loans to people you know (and obviously care about) can be reached by the trustee and clawed back into the Chapter 7 estate. Should you lie about in on your schedules is is bankruptcy fraud.

I have never dealt with crypto currency in any 7 or 11 I...
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2 Answers | Asked in Appeals / Appellate Law and Bankruptcy for Tennessee on
Q: 2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court. Bankruptsy

2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2020

The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!

Good Luck.

d

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1 Answer | Asked in Bankruptcy on
Q: Question regarding Bankruptcy Chapter 7

Hi,

I live in Los Angeles, CA.

My question is regarding potential ways of using the funds that I have left before filing bankruptcy.

I used to have AirBnb business before coronavirus started. I had 25 apartments that I used to rent and sublease to guests from all over the... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 22, 2020

You are entitled to the exemptions either under the statutes of California or under the United States, whichever is opted. Specific answers about crypto currency are beyond the pale of this type of website

3 Answers | Asked in Bankruptcy for Illinois on
Q: I have several unsecured debts, will it be a problem if I payoff a 2 debts 6 months prior to filing Ch 7?

I have 2 lawsuits which is the reason why I want to payoff those 2 debts because I cannot file Ch. 7 till June of 2021.

Because I will start to pay full alimony to my ex-wife starting December 1st 2020 which will bring net income to almost zero, that is why in June 2021 I will file Ch.7.

David Luther Woodward
David Luther Woodward answered on Nov 17, 2020

Your question demonstrates your lack of understanding of the bankruptcy process. You need to discuss this--warts and all--with a qualified bankruptcy lawyer in your community who understands the exemptions that are available to you in Illinois.

Yours sounds like a situation that can be...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: I cannot rent my own apartment, I am living at extended stay hotel can I use that as my monthly rental expense for ch 7?
David Luther Woodward
David Luther Woodward answered on Nov 15, 2020

Rent is rent.

What you do need is a bankruptcy lawyer to review your entire situation. The bankruptcy forms are daunting for the unitiated.

Good Luck

d

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2 Answers | Asked in Bankruptcy for Illinois on
Q: If I move with gf but the lease is under her name, If I pay the complete rent can I use that full expense for ch 7
David Luther Woodward
David Luther Woodward answered on Nov 15, 2020

I think you should consult a good bankruptcy lawyer in your neighborhood, but absent that, if it is your expense, you include it. Even though you are not married you and she make up a "unit" that might require reporting. That's one reason you need a lawyer to analyze your... Read more »

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2 Answers | Asked in Bankruptcy for Nevada on
Q: My late mother paid a lawyer to file bankruptcy and paid him over $1000. Is her estate entitled to a refund?

My mother died while in the bankruptcy process with a lawyer, but when I asked another lawyer to search bankruptcy databases, he found nothing. So is my late mother's estate entitled to a refund from her lawyer?

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

Mr. Winterstein is spot on.

Had the bankruptcy been filed there is a provision to complete it as if it is the probate estate; however, it appears that nothing was filed and accordingly, some information should be provided by the former lawyer.

Good Luck

d

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3 Answers | Asked in Bankruptcy for Illinois on
Q: is the property's rent and mortgage included in the Ch. 7 means test?

The sole owner is my ex-wife but the mortgage is under my name, she files on her tax return all rental income and she handles mortgage payments.

David Luther Woodward
David Luther Woodward answered on Nov 10, 2020

This is a curious and interesting issue and it should be discussed fully with your bankruptcy counsel; however, if the ownership is solely hers it is not one of your assets, and in all liklihood your obligation under the mortgage can be discharged because you have no ownership interest.... Read more »

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3 Answers | Asked in Bankruptcy for Nevada on
Q: Can I file chapter 13 bankruptcy on 2 loans that my ex Cosigned on if my divorce decree states I will take on the debt?

My ex-wife co-signed a personal loan and vehicle loan while we were still married. Our divorce recently finalized and in the divorce decree it states that I will take responsibility for both loans. I am past due on both loans due to loss of income. I had to switch jobs due to medical issues.... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 7, 2020

This needs the attention a good, local bankruptcy lawyer.

On general principals a Chapter 7 can discharge your obligations, but that does not discharge the debt on her part--she still owes it. Depending on the terms of your divorce decree it is possible that the divorce court could still...
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1 Answer | Asked in Family Law on
Q: Can I get assistance about General Statutes § 14-326.1. Parents; failure to support.?Divorce and Alimony payments?

My Ex left me more than 20 years ago, she committed international child abduction by taken our two daughters when they were 2 and 3 years old , she illegally change their names causing me grave moral damage .Can I get help with these issues from an Attorney ?

David Luther Woodward
David Luther Woodward answered on Nov 7, 2020

Not if you wait much longer!

By my calculations your children are adults, at least under the law of the most of the states of the United States.

So what do you want to accomplish? Once you have determined that then a strategy can be developed. You need a lawyer with international...
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1 Answer | Asked in Bankruptcy for South Carolina on
Q: If I do file a chapter 7, will the creditors still show up on the credit bureaus?
David Luther Woodward
David Luther Woodward answered on Nov 2, 2020

that's a question you will have to ask the credit bureaus. Lawyers run the law business, credit bureaus do theirs.

good Luck

d

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