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Your current state is Ohio
Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More 
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
Hello I got served February 1st and am currently waiting for my first SSDI check I just got approved yesterday and need to know how to go about this and what my defense would be since I know more than likely I owe the money but I don't have the funds to pay them, thank you God bless, Richard
answered on Feb 5, 2025
The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More
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answered on Feb 4, 2025
Typically, lenders postpone sales, often repeatedly, while someone in in bankruptcy. That way, if the case is dismissed, or if the Court grants them relief from stay to proceed with the foreclosure, they don't have to start the process over again. The best way to prevent the lender from taking... View More
I have credit card debt lived off of them for 3 years. Could not work because a pain doctor gave me Epidural in my neck causing a large hematoma cervical with lower extremity paraparesis.
In hospital for one month. I need to file bankruptcy but don’t want to lose my house
House... View More
answered on Feb 3, 2025
For payment defaults, especially those lasting more those lasting 90 days or more, most credit card issuers will sue, take judgements, and because final judgements become liens and bankruptcy courts have limited abilities to void liens, you should confer with experienced bankruptcy counsel before... View More
I do not have umbrella coverage and I am about to retire.
answered on Feb 3, 2025
Filing for bankruptcy relief is a major step, and you need to confer with an experienced lawyer. with full facts of your financial condition to your lawyer in advance of that conference.
Do that as soon as you can, as the best lawyer help is BEFORE any more happens.
On top of your... View More
Converted from 13 to 7 with same attorney. I paid her for the 13 and she was paid through the 13 payments until conversion. Paid her 3k for the 7. She said I owe her a large figure for the 13 but has never invoiced me after I’ve repeatedly asked her for a bill to be sent to me and to submit it as... View More
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answered on Jan 31, 2025
It's hard to tell from the info you provided, but you are on the right track to demand an accounting of the settlement funds in her trust account, as well as an invoice for the services she is billing you for. Do you have a written retainer agreement with her? That should also help determine... View More
answered on Jan 26, 2025
Chapter 13 eligibility requires a periodic income, and your ssdi and VA disability benefits (probably totally exempt) appear to qualify.
Importantly, however, your question is devoid of the types of debt you have. Certain debts (administrative, priority, and some secured debts, must be... View More
Can I lose my house and car? What can do to avoid this? Do I need a lawyer?
answered on Jan 26, 2025
While unlikely, if given all your documentation on the account, from inception to now, an attorney for you may find a flaw therein to constitute some defense.
We have defended like-sized accounts from this lender, and it accepted payment of approximately 8 thousand on a litigated a claim of... View More
The car had damage where the engine had to be replaced and it’s at the dealership where it had the work done sitting in a back lot. I haven’t contacted the dealership or the lending agency in fear of this could somehow impact me..
answered on Jan 26, 2025
You likely have nothing to worry about. Eventually, the dealer will probably assert a mechanics lien and sell the vehicle.
You do not provide dates as to when the vehicle was taken to the dealership. If this contract was entered into after your bankruptcy filing, you are likely liable. If... View More
The car had damage where the engine had to be replaced and it’s at the dealership where it had the work done sitting in a back lot. I haven’t contacted the dealership or the lending agency in fear of this could somehow impact me..
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answered on Jan 27, 2025
It sounds like you complied with your Statement of Intention by surrendering the vehicle back to the creditor. As long as you listed the location of the vehicle in your schedules then your Order of Discharge would have discharged your legal obligation on this debt. You should not have to worry... View More
husband is not named in the insolvency. we'd like to use it to pay a bill.
answered on Jan 22, 2025
By the express provisions of Section (5), (6) and (7) of the Bankruptcy Code, the bankruptcy "estate" includes any and all property interests to which you become entitled within 180 days of the filing of your bankruptcy petition ( Chapter 7) or to which you become entitled during your... View More
My wife and I rent in San Francisco. Wife owns a house(exemptable) in San Bernardino County. We split time between the two. I am filing for Chapter 7 Bankruptcy. She works in SF. I am retired.
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answered on Jan 22, 2025
At this time, the Bankruptcy Court in Riverside (which includes San Bernardino County) is somewhat in flux, with one of its judges leaving at the end of January, and his caseload is being covered by the other judges. Also, it is sometimes considered unfriendly to debtors, so if you have a choice,... View More
I recently filed and was informed I have to refile 2021 and that was one of the years on my Ch13. My lawyer doesn't know how I should claim them either.
Edit* I meet with my trustee next week so the bankruptcy is not completed yet and I need this tax return for it. Do I put what I paid... View More
answered on Jan 18, 2025
You say you have “recently filed”, and I am assuming you mean recently filed your chapter 13 case.
You also ask how to “claim” property taxes, and I am assuming you mean claim me deduction on your income tax return.
If these assumptions are correct, you handle this same as... View More
answered on Jan 16, 2025
The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).
Successor trustees are named in the event that the named trustee is unable or refuses to serve.
As you have probably surmised, being designated as a trustee comes... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More
I have a judge’s order from an administrative law judge for attorney fees in a civil rights case. I found out this administrative judge does not have the power to award, but I filed a Chapter 7 bankruptcy. Now the attorney is stating the fees are being challenged to avoid the bankruptcy. My... View More
answered on Jan 14, 2025
We cannot answer this question without more information. I assume the attorneys fees were awarded against you. You did not give us any description of what specific civil rights violation you were found liable for (what the ALJ found that you did). Certain debts are not dischargeable in bankruptcy,... View More
We have about 80,000 in debt that is currently only in my name through credit cards and debt consolidation. This was for some personal use, but mainly for pop up expenses. The home is in my in-laws and wife's name. This is because we were able to get a better rate with them on and myself off... View More
answered on Jan 14, 2025
How long have you been married? How long ago was the home purchased? Did you use any of your pre-marital funds as a down payment? There are numerous questions that will need to be answered to address your question. I would also need to know your income. Did you meet with a bankruptcy attorney... View More
I’ve had a change in job positions and had had to stop paying my credit cards, which is affected my credit therefore, I don’t have the credit to refinance. Can I claim bankruptcy and include the house and the amount owed in the bankruptcy and keep the house. Would want the repayment type of... View More
answered on Jan 13, 2025
The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.
Note... View More
answered on Jan 12, 2025
Unless the judgmemt (you don't say whether its been entered or become final) is deemed to be a perfected lien against all Arkansas assets under Arkansas law, the filing person can discharge the small claims court judgment debt.
The non-filer will remain liable to the judgment creditor.... View More
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