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Questions Answered by David Luther Woodward
4 Answers | Asked in Bankruptcy for California on
Q: Does automatic stay in Ch. 13 apply to non-noticed creditor?

Debtor did not list me as a creditor, so I got no notice. He let me proceed with lawsuit confirming my arbitration award against him until I won. I served him with notices and documents and still neither he nor his attorney told me about bankruptcy. 5 days after I obtained judgment and noticed... Read more »

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

If the case is dismissed, then everything is back at square one.

Whether your judgment is valid is a decision that must be reached upon examination of all the facts--both procedural and substantive--by your own lawyer there in California. Your facts are too specific to ask a lawyer to...
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1 Answer | Asked in Consumer Law and Collections for Mississippi on
Q: If someone is in default on credit cards, what recourse do the creditors have? Unemployed individual owns home no mortg

Can the Credit Card companies sell the home even though the individual is unemployed? Can they seize bank accounts or investment acct even though the individual is unemployed etc?

David Luther Woodward
David Luther Woodward answered on Oct 21, 2020

They can sue you and reduce their claim to judgment which can result in a judgment lien.

I am not admitted in Mississippi, but here in Florida it would not affect your owning your house free and clear because of our constitutional homestead protection; however, I cannot quote you the Miss....
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2 Answers | Asked in Bankruptcy and Agricultural Law for Minnesota on
Q: I have filed a chapter 12 and have been working on a plan since February. The bank will not budge on what they want.

The bank wants 3 payments of 54000 with in 13 months of each other. That means I have to use 1 crop year to make 2 of those payments but it's not possible. What can I do about this? I have a lawyer hes been doing this since the 80s. This is what he told me and I'm just getting a second... Read more »

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

Where's your lawyer?

He is the one who should be doing battle with the bank. Bank's don't cotton to customers, but they are somewhat fearful of good bankruptcy lawyers who will take them to the lick log.

No lawyer?

Find one!

Good Luck

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1 Answer | Asked in Family Law and International Law for Texas on
Q: If I am married in another country legally, is it required for me to get it validated again in Texas?

Married in India legally and have the government-issued certificate of marriage. Is it required to get registered, married or validated again in USA and more specifically texas?

David Luther Woodward
David Luther Woodward answered on Oct 15, 2020

No

The states of the U. S. recognize a duly done marriage from wherever if it is done within the laws of that place. If you have a marriage certificate you're fine

good Luck

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2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 15, 2020

You have proposed a knotty problem in a few sentences.

It matters if the company is a corporation, LLC, or the like

It matters if there are assets such as inventory

It matters if the debt is secured

It matters if it is an assets purchase only

It matters if...
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1 Answer | Asked in Bankruptcy and Employment Discrimination for North Carolina on
Q: Employment/Retaliation Lawsuit

I was let go from my job in 8/2019 due to retaliation. In 11/2019 I filed a complaint with the EEOC but it was dismissed due to it being out of their scope, the company was too small. Long story short the company I worked for had filed Chapter 11 bankruptcy which is still in process. Prior to being... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 14, 2020

The best thing you can do at this time is to consult a bankruptcy lawyer that has no relationship to the pending matter.

This is too convoluted and involved to address in a Q&A column like this.

Good luck

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2 Answers | Asked in Bankruptcy for Texas on
Q: I filed chapter 13 pro-se and had 341 meeting. Trustee said I filed wrong plan and should find an Atty.

I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 12, 2020

You really really really need to talk to a bankruptcy lawyer who can go over everything in detail. Let me give you an idea of the exceptions available to Texans:

A car for every licensed drive in the household or anyone dependent on transportation.

You truck note will note will not...
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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I need to file for bankruptcy and I can't afford a lawyer can I get help for free ?

I have credit card debt and I live on social security and I've gotten in over my head. Please give me some help.

David Luther Woodward
David Luther Woodward answered on Oct 8, 2020

Why are you so sure you cannot afford a lawyer?

Most lawyers will give you the first visit free and usually a payment arrangement can be met. Good Luck because it is not really a DIY project.

Good Luck

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2 Answers | Asked in Family Law and International Law for New York on
Q: Does a child need written permission if flying out of country with only one parent? Parents are married, live together.
David Luther Woodward
David Luther Woodward answered on Oct 7, 2020

The first thing the child needs is a passport! That's to get back in, if nothing else!

It wouldn't hurt to have an affidavit of permission to travel. I don't see it as a complicated instrument, but there may be a twist of family law in New York of which I am unaware (I...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: mortgage loan approved by lender but at final review they discover the membership account had been revoked.

The member 8-9 years ago was in chapter 13 and represented a loss for the lender. Can they asked the member to re-pay the old balance that was cleared and discharged from CH13?

David Luther Woodward
David Luther Woodward answered on Sep 27, 2020

They can ask, but they cannot demand. Mr. Winterstein set it out succinctly.

May I suggest that you consult an independent mortgage broker. They are usually equipped to handle oddities, and like casualty insurance agents, they can "shop the deal".

I think that it is a...
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2 Answers | Asked in Civil Litigation, Real Estate Law, Bankruptcy and Foreclosure for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

My mother and my grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... Read more »

David Luther Woodward
David Luther Woodward answered on Sep 27, 2020

You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... Read more »

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2 Answers | Asked in Bankruptcy and Workers' Compensation on
Q: How is the lawsuit against Intel from qbex (Brazil) Case Number: 1:2018mc00120?
David Luther Woodward
David Luther Woodward answered on Sep 25, 2020

I don't understand your question.

Please add a bit of detail

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1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Virginia on
Q: My ex and I filed Ch7 in 2015, mortgage was discharged. We divorced 2020 and he quitclaimed home to me.

How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.

David Luther Woodward
David Luther Woodward answered on Sep 8, 2020

You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.

The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.

Good Luck: go see a lawyer.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: I own a house, the mortgage is clear. I’m worried about Outstanding credit card debt and filing bankruptcy.

Can I quick deed the house over to my father and file bankruptcy later?

David Luther Woodward
David Luther Woodward answered on Sep 4, 2020

First of all it's "quit claim deed", not quick

You have just described the classic insider or inter-family transaction which will be reversed if it is done less than a year before you file. You should go see a good lawyer who does bankruptcy to analyze where you are. I...
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7 Answers | Asked in Bankruptcy for New York on
Q: What i need to apply for BankruptcyI am retired with 865 a month, less rent 309 and home phone 71 I count with 485

my credit debt is $39,116.06

no house owner and need to keep my 2004 jeep (about 3500 by kellys blue book)

where i could fin a lawyer for this???

Thank for your time

David Luther Woodward
David Luther Woodward answered on Sep 2, 2020

I think you do too.

Go see a good Chapter 7 lawyer who can walk you through it

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2 Answers | Asked in Bankruptcy for Oregon on
Q: My Mother owns a house in Oregon. She put my Sister and I on the deed. My Sister is declaring bankruptcy.

Can they come take the house while my Mother is still living there?

David Luther Woodward
David Luther Woodward answered on Sep 2, 2020

Probably is probably not good enough!

I would consult a local lawyer out there who does both bankruptcy and real property and seek his advice. I would hate for you and mom to have to buy sis's share from the trustee

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5 Answers | Asked in Bankruptcy for Arizona on
Q: Do attorney fees need to be paid in full before they file for bankruptcy in order to stop garnishments?

I am currently with a bankruptcy legal team and fees will not be completed till November. I have been summoned to pay garnishments. I spoke with attorney and they stayed fee needs to be paid in full in order to file Chapter 13 until then can not give cease / desist on my garnished paycheck. Just... Read more »

David Luther Woodward
David Luther Woodward answered on Sep 2, 2020

A new service is available in some locations from some lawyers called FRESH START FUNDING which provides for paying Chapter 7 fees in installments after filing. . Google FSF to see if there is a lawyer in your community who does

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2 Answers | Asked in Bankruptcy for Texas on
Q: I filedfor bankruptcy in January 2017. I was in an accident while living in Texas.Mycar was insured and I was paying on

On the car in the bankruptcy payment. My car was totaled. The trustee collected the check from the insurance and my relative is financing the car for me since I had to have a car. Was the trustee supposed to get this check. Trustee ‘s office will not answer calls and have not for months.

David Luther Woodward
David Luther Woodward answered on Sep 1, 2020

Without reviewing your files, it is hard to give you a direct answer, but there is no excuse for no return of calls.

You should contact the U. S. Trustee in Dallas. Check out this website

https://www.justice.gov/ust-regions-r06/region-6-northern-district-texas

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3 Answers | Asked in Bankruptcy for California on
Q: I have question about filing Chapter 11 claims form 410

I have a gas and oil lease with company and company has file bankruptcy U S Court Houston, TX. And I am trying to file form 410 but having a problem understanding a question. Need Help

David Luther Woodward
David Luther Woodward answered on Aug 19, 2020

The simple answer is to hire a lawyer.

The Bankruptcy Code is every bit as arcane and complicated as the Internal Revenue Code and it is not a field for amateurs.

Good Luck

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: i am in chapter 13, my vehicle is free and clear, it is totaled. do i need to notify trustee. can i purchase another
David Luther Woodward
David Luther Woodward answered on Aug 18, 2020

Sure you can. I am sure you had it insured as required by law, so have at it. You should notify the trustee because you may need to finance the purchase to some greater or lesser extent

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