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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

James L. Arrasmith
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answered on Jun 14, 2024

Based on the information you provided, it seems unlikely that you would be at risk due to your ex-husband's Chapter 7 bankruptcy, especially given the following factors:

1. Quit claim deed: If you and your ex-husband properly executed a quit claim deed transferring his interest in the...
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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

The reach-back by Bankruptcy law for "fraudulent conveyances" (transfers of assets for less than fair market value) is two years. I'm in PA, and the PA state law for like transfers is four years (which a bankruptcy trustee is entitled to use).

Your question seems to hinge on...
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2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

James L. Arrasmith
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answered on Jun 14, 2024

There seem to be some misunderstandings or misconceptions in your question. Let me try to clarify a few points:

1. Attorneys do not typically sign a "custodial affidavit" for each new client. When an attorney agrees to represent a client, they usually enter into an engagement...
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2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

No, attorneys do not sign a custodial affidavit on each new client. In 36 years of practice, I have never signed o.ne.

GSA bonds are required of certain gov't contractors, not usually on people who attend court. A GSA bond ensures that a contractor will perform whatever work the...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: I am near the end of Ch13 bkrpcty. Can I get preaproved for a loan or do I need to have a contract on a specific house?

My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.

James L. Arrasmith
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answered on Jun 14, 2024

When you are near the end of a Chapter 13 bankruptcy, you may be able to get pre-approved for a loan, but the process can be more complex compared to someone without a bankruptcy history. Here are a few things to consider:

1. Wait for discharge: It's generally advisable to wait until...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: I am near the end of Ch13 bkrpcty. Can I get preaproved for a loan or do I need to have a contract on a specific house?

My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

Where your US bankruptcy case has been filed makes no difference; pretty much all lenders have software that alerts them to a bankruptcy filing within a day or two of its filing.

And all the prospective lenders know of will inquire about bankruptcy filings in your loan application, and...
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3 Answers | Asked in Bankruptcy for California on
Q: hello, I wanted to know if I file for bankruptcy, will it help forgive past owed rent and help prevent eviction?
James L. Arrasmith
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answered on Jun 10, 2024

Bankruptcy can provide relief from certain types of debts, including past due rent. However, the specifics depend on the type of bankruptcy you file and your particular situation. Here's some general information:

1. Chapter 7 Bankruptcy: If you qualify for and file Chapter 7...
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3 Answers | Asked in Bankruptcy for California on
Q: hello, I wanted to know if I file for bankruptcy, will it help forgive past owed rent and help prevent eviction?
Leon Bayer
Leon Bayer
answered on Jun 10, 2024

I assume you do not have the money to cure the rent default.

Filing bankruptcy may delay the eviction for a few weeks. Maybe a little longer. Although you will wind up evicted anyway, but you should be able to discharge all the back rent owed up until the date you file.

After you...
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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
James L. Arrasmith
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answered on Jun 14, 2024

First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.

Consider transferring assets to family...
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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More

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5 Answers | Asked in Bankruptcy for New York on
Q: I'm not sure if I should claim bankruptcy. I have just over $16,000 in credit card debt, also I'm paying on my car.

I'm on disability. So I get a check for $1,558 at the first of any month. My rent takes up most of that it's $788 a month. Do you think bankruptcy is right for me? Thank you

James L. Arrasmith
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answered on Jun 10, 2024

Based on the information provided, it's difficult to give a definitive answer on whether bankruptcy is the best option for you. However, here are some points to consider:

1. Income vs. expenses: Analyze your monthly income and expenses to determine if you have any disposable income to...
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5 Answers | Asked in Bankruptcy for New York on
Q: I'm not sure if I should claim bankruptcy. I have just over $16,000 in credit card debt, also I'm paying on my car.

I'm on disability. So I get a check for $1,558 at the first of any month. My rent takes up most of that it's $788 a month. Do you think bankruptcy is right for me? Thank you

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 10, 2024

My NY colleague's answer is correct, as far as it goes.

To declare bankruptcy over just $16K is at the low end of debt issues, and may well be solved by lesser means. Most credit card issuers are pretty savvy, and will offer some altered payout/discount for you.

You can only...
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1 Answer | Asked in Bankruptcy and Collections for Texas on
Q: I have a default judgment and the bench hearing is tomorrow. Should I negotiate and pay before the hearing tomorrow?

I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.

James L. Arrasmith
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answered on Jun 9, 2024

It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More

1 Answer | Asked in Uncategorized, Bankruptcy and Consumer Law for California on
Q: How to recover money for services rendered?

How can I go about recovering money for services rendered in an abandoned RV? It is stored currently in CA but is registered in CT. The owner is also in bankruptcy. The RV isn't worth much ~ so I'm not really interested in taking possession. Is there a other way to recover my money? I... View More

James L. Arrasmith
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answered on Jun 8, 2024

To recover money for services rendered in California, you have a few options, but the owner's bankruptcy and out-of-state vehicle registration complicate the situation. Here are some steps you can consider:

1. File a mechanic's lien: In California, you may be able to file a...
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1 Answer | Asked in Bankruptcy and Criminal Law for Delaware on
Q: If sentntcd to 25 yrs susp aftr 3 yrs DOC discretion do you get goodtime? SENTNC ORDER does not say mandatory .

The plea form did say mandatory but the sentening order does not. The prison is now saying no good time. Is this true?

James L. Arrasmith
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answered on Jun 6, 2024

If your sentencing order does not specify that your sentence is mandatory, you may be eligible for good time credits. Typically, good time credits reduce the amount of time you have to serve, provided you comply with the facility's rules and regulations. The fact that the plea form mentioned a... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed chapter seven bankruptcy and I did not reaffirm my mortgage . I make my payments electronically and are current

Can I report them myself with a bank statement

James L. Arrasmith
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answered on Jun 5, 2024

Yes, you can report your mortgage payments yourself using your bank statements as proof of payment, even if you did not reaffirm your mortgage during your Chapter 7 bankruptcy. Here's what you can do:

1. Obtain your bank statements showing the mortgage payments you have made since your...
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2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

James L. Arrasmith
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answered on Jun 5, 2024

In general, Social Security Disability Insurance (SSDI) benefits, including lump sum back payments, are protected from creditors during bankruptcy proceedings. This protection is provided under federal law, specifically the Social Security Act, which exempts these benefits from bankruptcy estates... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jun 5, 2024

Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More

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2 Answers | Asked in Bankruptcy for California on
Q: Should I file a Notice of Stay (CM-180) or respond to the lawsuit (PLD-C-010) after filing for Chapter 7 bankruptcy?

I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now should I file a Notice... View More

James L. Arrasmith
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answered on Jun 4, 2024

In this situation, since you have already filed for Chapter 7 bankruptcy, you should file a Notice of Stay of Proceedings (Form CM-180) with the California Superior Court where the lawsuit against you was filed. The automatic stay provision of the bankruptcy code (11 U.S.C. § 362) takes effect... View More

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3 Answers | Asked in Bankruptcy and Collections for California on
Q: Should I use affirmative defense or "other" to explain my bankruptcy in PLD-C-010 form?

I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More

James L. Arrasmith
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answered on Jun 3, 2024

In this situation, you should use the "Other" box in the PLD-C-010 form to explain that you have filed for Chapter 7 bankruptcy, rather than using the affirmative defense section. Here's what you can do:

1. In the PLD-C-010 form, check the box for "Other" under the...
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