Have Legal Questions? Ask a Lawyer Now.
Hello ma'am and thank you. I need a little clarification please.
On No. 1, that link is from 2007. Are you sure it's still valid information?
On No. 2, the judge was fully aware of my motion for contempt when she set the trial date on Thursday. She refused to set it any further out -- even though it's going to be VERY expensive for me to fly to Florida on short notice and I'm not able to take off work and may lose my job. She didn't care. This is a judge who is very biased and unfair towards me (and was the same way even when I did have a lawyer). She LOVES my husband's attorney and calls him a "gentleman" even though she's fully aware that he doesn't serve me with his pleadings. I am going to move to disqualify her, but I'm told it's virtually impossible in Florida. I don't know what else to do. She's not going to give me a fair trial!
On No. 5, when the judgment against me was first entered (the one overturned on appeal), I had a wonderful conversation with one of the other great experts here and he told me that attorney's fees cannot be overturned in Chapter 7 bankruptcy. Is that not correct? Assuming that my husband's attorney once again tries to argue for attorney's fees (because he was forced to go through a motion for contempt as I didn't disclose my home address), and knowing this judge, she will grant them, I think my only option to avoid that is to argue for my share of the assets under equitable distribution. There's a business with net profits of $150,000, a house with at least $50,000 in equity, and three vehicles worth at least $30,000. There's also the money he charged using my credit card to pay for his legal fees and multiple of his expenses, and cash withdrawals he made from my account using my debit card. All of those add up to another $30,000. I realize that I will never be able to enforce a judgment against him because he's self-employed, so I will never see a penny. But that should offset any attorney's fees he may be awarded for my refusal to disclose my new home address.
In asking No. 5, I was really hoping for any sites/articles/books you may know of that would help me research/prepare for trial. If you do know of any, I'd appreciate it. Thanks again.
Number 1 is still valid. The purpose of providing you with that link was purely for informational purposes
On No. 5, when the judgment against me was first entered (the one overturned on appeal), I had a wonderful conversation with one of the other great experts here and he told me that attorney's fees cannot be overturned in Chapter 7 bankruptcy. Is that not correct?
You might need to file a Chapter 13 instead of the 7. Here is why.
Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations in Chapter 7 bankruptcy. However money to be paid as part of Marital Property Settlement Agreement would be dischargeable in a Chapter 13 bankruptcy. Money in the form of spousal support is considered a Domestic Support Obligation and thus it is not dischargeable in a Chapter 7 or Chapter 13 bankruptcy.
You can read the Code here:http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html
Thanks for the follow up. I'd really prefer not to have to file for bankruptcy at all. It's expensive to do from everything I've looked up and ruins your credit. It would also make it extremely difficult for me to change jobs in this area as every employer does a credit check. I'm entitled to half of the assets under equitable distribution (and it should be a lot more since I bought e. While I may never be able to recoup them, if awarded, at least representing myself is an honest and fair way to do this. Bankruptcy isn't.
Educator, Esq: Follow up question: Is the following
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).