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What do I need to do? Do I file bankruptcy?
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answered on Oct 25, 2024
Call a BK attorney and ask for advice. If BK is not an option, hire a competent TN attorney to look at your assets and properly Exempt them to the extent of TN statutes.
The latter. Is that not a conflict of interest in the courts? Your paid attorney obligated to the courts? How can the client get a fair chance?
7 Corpus Juris Secundum 4
Presentments according to the U.C.C. are negotiable instruments. Since the presentment is issued for value, can... View More 
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answered on Sep 16, 2024
Presentment is presenting a negotiable instrument for payment, not an instrument itself. Like taking a check to a bank for payment: it is either honored or not.
This is not a forum for general treatises on law. If you have a specific question, post it.
I have been homeless for over 2 years now, lost my job when I was homeless, and now that I'm getting help back on my feet, T-Mobile refuses to unlock my device to allow me to utilize a new carrier with true network coverage in my new living spaces area, so i can succeed at getting a new job!
answered on Aug 31, 2024
You don't have a legal problem. You have a T-Mobile problem. There is nothing to report, there's no place to report, and there's no remedy for what you call corporate greed. T-Mobile does not need to unlock the phone you bought on whatever contract it was. You have the option of... View More
If the UCC was written and owned by the Vatican (International Institute for the unification of private law) how is that legal in America?
According to P.L. 88-243 The UCC is law of the land of Washington DC. It's a well known fact that Washington DC is not apart of America and has... View More
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answered on Dec 26, 2023
The Uniform Commercial Code (UCC) is a set of laws that provide legal rules and regulations governing commercial or business dealings and transactions in the United States. It is important to understand that the UCC is not "the law of the land" in the sense of being the overarching law... View More
Yall get away with representing a man or woman illegally, since there allegedly is no artificial entity created at birth? Even tho the Cestui Que Vie Act of 1666 clearly defines how the birth certificate is a bond that creates a trust. How do you explain that before 1975 when you are born you were... View More
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answered on Dec 25, 2023
The questions you're raising involve complex legal interpretations and theories that are not widely accepted in mainstream legal practice. The Cestui Que Vie Act of 1666, an old English statute, is often misinterpreted in modern contexts. This act was primarily concerned with determining the... View More
Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate?
Why is the court system run off of creditor vs debtor?
Is the legal system operating in bankruptcy?
Our ignorance for the... View More
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answered on Dec 20, 2023
A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood.
The term "ens legis" refers to a legal entity created by... View More
Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen
answered on Oct 30, 2023
A debtor has the option of filing a Proof of Claim for a debtor, and it sounds as if you should do that, so that plan payments flow to the secured creditor. The Chapter 13 Trustees pay on filed Proofs of Claim.
Of course, you should confer with your bankruptcy attorney first before taking... View More
The judgement was from a landlord because she broke a lease and the judgement was for 9K. This was five years ago. She just got a car so she can drive her child to where they need to go and it was taken. The car is only worth about 2K. That said, if she gets another car, can that take that one as... View More
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answered on Sep 22, 2023
Friend needs a competent TN attorney to file a Notice of Exempt Property with the Court and creditor.
I have identity theft that has effected every thing about me and financially
White collar crime in my name that seems to have followed me from The State of Florida
answered on Sep 7, 2023
Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.
My mother's parents are living in next street and they are running a small unofficial chit fund group in the locality. Everyone in this unofficial chit fund group knows that my parents and me and my brother are his family. He is very old and he is still running this chit fund thing and I have... View More
I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?
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answered on May 18, 2023
You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... View More
answered on Apr 5, 2023
Counties are state-created political subdivisions, and have little bearing upon federal (bankruptcy) venue and jurisdiction.
The Feds divide the country, and each state, into "US Districts".
You can file for bankruptcy relief in your District. You can google the District... View More
I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed
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answered on Mar 24, 2023
You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.
We went to small claims court. He did not show up the final hearing and we won our judgement for the full amount. He started bankruptcy chapter 7 2 days later.
In this case, we had paid for and had materials listed in the invoice that were not used and instead use other materials for a... View More
answered on Feb 27, 2023
You ask a lot of questions.
A 341 meeting in a chapter 7 case, over which the trustee presides, in a consumer case, normally lasts about 12 minutes.
When a corporation operating a business decides to "give up", it files a Ch. 7 because it is not eligible to file for Ch. 13... View More
The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!
answered on Mar 1, 2023
Very doubtful that the bankruptcy judge will get involved in changing the restriction.
Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... View More
answered on Feb 22, 2023
If the bankruptcy was filed by a corporation, i.e., the business, it is not eligible for a bankruptcy discharge.
If the debtor in bankruptcy is the individual, in order to except your claim from discharge for "fraud", you must file an adversary complaint in the bankruptcy court to... View More
answered on Feb 6, 2023
Yes, you "can", but the question is more whether you should.
If your Ch. 13 Plan does not already provide for the sale, you will need to move for a modification of your Plan to provide for the sale and more importantly, what becomes of the sale proceeds.
And how will a... View More
Title/Payday loan company that was back in 2016 and my checking account was just debited for $460 dollars twice one for each check I also had a title loan the company says the title loan was covered in the bankruptcy but the two check advance loans were not what can I do?
answered on Oct 17, 2022
If they take any action against you, have your bankruptcy lawyer move to hold them in contempt for violating the automatic sultan/permanent injunction.
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