Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

My wife and I had a joint chapter 7 discharged in July 2010,

in Orlando FL. We...
My wife and I had a joint chapter 7 discharged in July 2010, in Orlando FL. We need to file a chapter 13. We are 4 months behind on our mortgage and 24 months behind on our home owner association. Our mortgage was reecently sold to another lender and the loan that transferred was modifieed about 2 years ago into a 2% fixed for about 5 years with slight adjustments. The balance is about 220,000 and then another 125,000 balloon in 25-30 years. I am 59 and she is 45 with three children. My wife is a teacher and earns about 38,000 a year. I am self-employed and my earnings vary based on straight commission. I am paid on a 1099, with gross commission earnings distributed once or twice a month if earned. Good months, bad months. I am able to deduct a large percentage of my income at tax time. I don't know how they will determine what my trustee payment will be. Since I am more than 3 years out of Chapter 7 discharge does that mean I will have to take all my unsecured debt and divide it by 60 (months) and pay it off entirely? The only secured debt we have is the house. I have not been served any papers yet for foreclosure and don't know how long I have to file a Chapter 13 to protect ourselves from the HO association foreclosing or the 1st mortgage. We have a 2nd mortgage that has been inactive for many years and never tried to collect. It's about another 150,000 or so. It was not stripped out in the Chapter 7 for some reason. The house value was as high as 440,000 and now about 225,000. Our unsecured debt is about evenly divided between consumer credit and medical. About 5,000 each for a total of about 10,000. My gross earnings are about 45,000 a year. What are my options? What kind of trustee payment am I looking at? Will I have to pay the entire amount divided over 60 months? How will the mortgage and HOA arrears be divided over the chapter 13? My wife was laid off during the summer and I earned nothing from June 1st through September 15th so that's how we got behind. How long do I have before the foreclosure proceedings begin? I'd like to be able to put off filing to save some money. Otherwise I will have to make trustee payments almost immediately. On the other hand how can I find out what the banks plan is for foreclosing and their schedule? What if they send me a certified letter and I miss the notice somehow?
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 3 hours by:
9/27/2013
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
My wife and I had a joint chapter 7 discharged in July 2010, in Orlando FL. We need to file a chapter 13. We are 4 months behind on our mortgage and 24 months behind on our home owner association. Our mortgage was recently sold to another lender and the loan that transferred was modified about 2 years ago into a 2% fixed for about 5 years with slight adjustments. The balance is about 220,000 and then another 125,000 balloon in 25-30 years. I am 59 and she is 45 with three children. My wife is a teacher and earns about 38,000 a year. I am self-employed and my earnings vary based on straight commission. I am paid on a 1099, with gross commission earnings distributed once or twice a month if earned. Good months, bad months. I am able to deduct a large percentage of my income at tax time. I don't know how they will determine what my trustee payment will be.

A: Your plan must devote all of your disposable income to paying unsecured creditors. You must pay your unsecured creditors at least as much as they would receive in a Chapter 7. Based upon your description of your finances, you may be able to propose a 0% plan, and only pay your secured creditors, because you don't appear to have any assets to distribute.

Since I am more than 3 years out of Chapter 7 discharge does that mean I will have to take all my unsecured debt and divide it by 60 (months) and pay it off entirely?

A: No. A Chapter 13 filed after a Chapter 7 discharge does not create any automatic liability for the debtor. The only requirement is that the Chapter 13 discharge cannot occur within four years of the date that the Chapter 7 was filed. That won't be a problem, because the shortest Chapter 13 plan is three years, and it's already been three years since July 2010. So, your Chapter 13 plan can be entirely ordinary in its terms and conditions.

The only secured debt we have is the house. I have not been served any papers yet for foreclosure and don't know how long I have to file a Chapter 13 to protect ourselves from the HO association foreclosing or the 1st mortgage.

A: Whenever you file, all collection efforts must stop. The HOA or lender can request relief from the automatic stay and then foreclose. But, if your plan proposes to catch up on your payments, the court won't lift the stay. If you cannot make the necessary payments, then the court will lift the stay, and you will lose your home -- making the bankruptcy a waste of time, if that's your principal goal.

We have a 2nd mortgage that has been inactive for many years and never tried to collect. It's about another 150,000 or so. It was not stripped out in the Chapter 7 for some reason.

A: There are numerous problems in Florida concerning both lienstripping of a second lien in Chapter 13 after filing Chapter 7, as well as in lienstripping HOA assessments. The law is different in the three different Florida bankruptcy courts, and the 11th Circuit Court of Appeals, that controls all Florida bankruptcy law is getting ready to make an important ruling on the issue. Consequently, I cannot possibly answer this question, ,and you will need to discuss it with local counsel.

The house value was as high as 440,000 and now about 225,000. Our unsecured debt is about evenly divided between consumer credit and medical. About 5,000 each for a total of about 10,000. My gross earnings are about 45,000 a year. What are my options?

A: Explained above.

What kind of trustee payment am I looking at?

A: ≈$200 per month, not including maintaining your current mortgage and HOA payments.

Will I have to pay the entire amount divided over 60 months?

A: No. Explained above.

How will the mortgage and HOA arrears be divided over the chapter 13?

A: You must catch up over the course of the plan, or be able to pay a balloon at the end. Some debtors create a plan with a balloon and hope that the real estate market will recover, or their income will increase to make it possible to satisfy the balloon. In my experience, this almost always fails and the Chapter 13 is dismissed. Sometimes this is okay, because the debtor has finally decided to let their home go. Debtors who are severely underwater in their home are generally better off letting the home go -- but, they can rarely be convinced of this, so they create a bankruptcy plan that will ultimately fail, leaving them in the same boat as they started, five years after they file bankruptcy.

Something to think about.

My wife was laid off during the summer and I earned nothing from June 1st through September 15th so that's how we got behind. How long do I have before the foreclosure proceedings begin?

A: A lender can commence a foreclosure action whenever it finds the borrower in default. There is no "up front" time before the lender can commence the action. The process generally requires 135 days.

I'd like to be able to put off filing to save some money. Otherwise I will have to make trustee payments almost immediately. On the other hand how can I find out what the banks plan is for foreclosing and their schedule? What if they send me a certified letter and I miss the notice somehow?

A: There's no way to predict what the bank will do. If you miss the notice, you may be defaulted. However, practically no one misses the notice, because it is usually served on you by the sheriff personally, or notice is posted on your front door.

Please let me know if I can be of further assistance. And, thank you for using justanswer.com.
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
socrateaser and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

A: Your plan must devote all of your disposable income to paying unsecured creditors. You must pay your unsecured creditors at least as much as they would receive in a Chapter 7. Based upon your description of your finances, you may be able to propose a 0% plan, and only pay your secured creditors, because you don't appear to have any assets to distribute.


Am I able to deduct my business expenses from my disposable income since they decrease my "disposable income" and I can prove it through tax returns or expense ledgers?



A: A lender can commence a foreclosure action whenever it finds the borrower in default. There is no "up front" time before the lender can commence the action. The process generally requires 135 days.


135 days from the day of filing OR from payments missed were June 1, July 1, August 1 and Sept 1? Naturally I would like to be able to accrue some funds before the first trustee payment is due. I hear of people stalling payments for a year or two. How is that possible?



If I receive or file my 2013 taxes and expect a refund, is that money intercepted by the court?



If the home needs any costly repairs such as a roof or AC system can that be presented to the court as a major unaffordable cost and get assistance in some manner from the lender to pay up front and then recover through the Chapter 13?



Can I file the necessary papers with the court myself, or is it absolutely recommended that it be done by an attorney? Is there a guide or is that just foolish to do it yourself? I think the filing fees and online course are about $300.00. Most attorneys want a retainer of $1000-$3000. I just don't have it.



Can you take this case? I like the direct answers that you give.



 

Am I able to deduct my business expenses from my disposable income since they decrease my "disposable income" and I can prove it through tax returns or expense ledgers?

 

A: If your income comes from self employment, then your cost of doing business is not income. So, yes, you can deduct "ordinary and necessary" business expenses. Obviously, if you are driving a Ferrari California, and you're not a professional race car driver or a Ferrari dealer, then that's not an ordinary and necessary expense. But, if you're a software consultant, and you have two laptops, three different smart phones and several different computer servers from which you operate your own internet service provider, then those are ordinary and necessary to your trade or business.


135 days from the day of filing OR from payments missed were June 1, July 1, August 1 and Sept 1? Naturally I would like to be able to accrue some funds before the first trustee payment is due. I hear of people stalling payments for a year or two. How is that possible?

 

A: Date of filing. Every case is unique. Every lender is unique. Some lenders cannot produce the original promissory note to back up their foreclosure complaint. Sometimes a mortgage instrument has a defective legal description of the property.

 

The average time, however, according to RealtyTrac, Inc., which is the major foreclosure tracking service in the USA, is 135 days.

 

If I receive or file my 2013 taxes and expect a refund, is that money intercepted by the court?

A: Intercepted -- no. But, it must be provided for, as an asset, in the bankruptcy plan. Tax refunds are part of the Chapter 13 bankruptcy estate. You can't just stuff it in your pocket.


If the home needs any costly repairs such as a roof or AC system can that be presented to the court as a major unaffordable cost and get assistance in some manner from the lender to pay up front and then recover through the Chapter 13?


A: You're painting a picture of a property that ought to be surrendered. You need to rethink your goals, in my opinion. That said, there's no provision for what you are suggesting.


Can I file the necessary papers with the court myself, or is it absolutely recommended that it be done by an attorney? Is there a guide or is that just foolish to do it yourself? I think the filing fees and online course are about $300.00. Most attorneys want a retainer of $1000-$3000. I just don't have it.

 

A: You can try to "do it yourself." if you intend to try to lienstrip the HOA fees and your 2nd loan, then you need a lawyer -- and a damn competent one, because of the reasons I previously discussed.


Can you take this case? I like the direct answers that you give.

A: I'm retired. I "justanswer" questions in this forum. But, I'm flattered by your interest. If you need a link to a lawyer referral service or to a "how to" file Chapter 13 guide, let me know and I will be happy to provide.

Hope this helps.
Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

 


 



If the home needs any costly repairs such as a roof or AC system can that be presented to the court as a major unaffordable cost and get assistance in some manner from the lender to pay up front and then recover through the Chapter 13?



A: You're painting a picture of a property that ought to be surrendered. You need to rethink your goals, in my opinion. That said, there's no provision for what you are suggesting.


 


I understand the vision of the "painting" but when your credit is not good and your funds are extremely limited to pack and move, pay rent and a security deposit, we're not left with many choices but to stay. I was just trying to think of the large, not imminent expenses we could face.


 


Thank you for all your insight!


 


I would appreciate the legal referral service contact.



I understand the vision of the "painting" but when your credit is not good and your funds are extremely limited to pack and move, pay rent and a security deposit, we're not left with many choices but to stay. I was just trying to think of the large, not imminent expenses we could face.

A: I completely understand. And, if you can lienstrip the 2nd mortgage, then a Chapter 13 may solve all your problems. Otherwise, it seems to me that you're sinking far too much into "renting" your home from your lenders, than it's worth, because the market may never recover sufficiently during your lifetime to pay off the loans. And, even if it does, then you will have had no appreciation from the efforts. So, in fact, you're already a tenant -- and you're rent is probably above fair market.

Thank you for all your insight!

 

A: You're welcome and good luck!

Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

A: Your plan must devote all of your disposable income to paying unsecured creditors. You must pay your unsecured creditors at least as much as they would receive in a Chapter 7. Based upon your description of your finances, you may be able to propose a 0% plan, and only pay your secured creditors, because you don't appear to have any assets to distribute.

Since I am more than 3 years out of Chapter 7 discharge does that mean I will have to take all my unsecured debt and divide it by 60 (months) and pay it off entirely?

A: No. A Chapter 13 filed after a Chapter 7 discharge does not create any automatic liability for the debtor. The only requirement is that the Chapter 13 discharge cannot occur within four years of the date that the Chapter 7 was filed. That won't be a problem, because the shortest Chapter 13 plan is three years, and it's already been three years since July 2010. So, your Chapter 13 plan can be entirely ordinary in its terms and conditions.


 


There seems to be a significant difference in this answer and the one by my lawyer. According to him since my Ch 7 was discharged in July, 2010 and if we file a CH 13 in Nov 2013, that means that a 60 month CH 13 won't discharge until Nov 2018. Realistically we could postpone payment on all unsecured debt and file a new chapter 7 in July 2018 or maybe even April 2018 and eliminate all unsecured debt that I would not even be paying on in the ch 13. The best case scenario is to pay only secured debt for the next 60 months, but he seems to feel that even unsecured debt must be paid as well. What is the 0% plan that you mentioned? That seems to be the key to this?

Hello again,

I think that the controversy may be based upon a misinterpretation of my previous answer.

A Chapter 13 discharge after a Chapter 7 discharge must be separated by at least four years. Bankr. Code 1328(f).

This doesn't mean that in your unique circumstances, you can obtain a discharge at the instant that you cross the four-year minimum time period. If you file a Chapter 13, then you must either: (1) complete the plan (which dependent upon your income being above or below the state median for your family size, is either 3 or 5 years in length); (2) convert to Chapter 7 and be granted a discharge (which you can't do, because eight years haven't passed, yet); or (3) request a Chapter 13 hardship discharge (which is almost the same as a Chapter 7 conversion, but it doesn't require an eight-year waiting period).

You seemed to indicate that your income was pretty marginal, so I assumed you could create a three-year plan, which would mean a discharge in 2016 (unless you can qualify for a hardship discharge). But, you can't raise that issue right now, because you cannot tell your bankruptcy lawyer that you're thinking about a hardship discharge, before you file Chapter 13 -- if you do, the attorney will have to withdraw from representing you, because he would be assisting you in committing a bankruptcy fraud.

A 0% plan is one in which the debtor has no assets with which to pay unsecured creditors, and disposable income only sufficient to pay minimum allowed expenses. Such a debtor would ordinarily be granted a Chapter 7 discharge, but because of an eligibility requirement, the debtor cannot file Chapter 7.

Assuming that you are such a debtor, you may be able to create a 0% plan (or very low payment plan -- because some judges will refuse to confirm a 0% plan, under any circumstances).

Hope this helps.
Ask Your Own Bankruptcy Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Attorney and Real Estate Broker -- Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I have the same question. I had a Chapter 7 bankruptcy 13
I have the same question. I had a Chapter 7 bankruptcy 13 years ago. I have not seen on my credit report for the last 6 years. The SBA question says have you ever had a bankruptcy? Is it fair to say n… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
What happens i file chapter 7 bankruptcy and judge denies my
Second opinion] What happens i file chapter 7 bankruptcy and judge denies my reaffirmation agreement...will they repo my car or will the co signer be able to keep it… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I am probably going to need to file a Chapter 7 bankruptcy
I am probably going to need to file a Chapter 7 bankruptcy in Minnesota because Geico is suing me for $100K for personal injures sustained by someone else that was involved in an accident. I am fighti… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I have a chapter 7 in process in las vegas, nv. I have a
I have a chapter 7 in process in las vegas, nv. I have a court date set for a reaffirmation agreement for my mortgage. I would like to change my court date to a more current date. What motion with the… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I filled chapter 7 and discharged a mortgage with Wells
I filled chapter 7 and discharged a mortgage with Wells Fargo in 2009. I did not reaffirm the mortgage but I continued making payments for these eight years. I requested a payoff from Wells Fargo and … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I have filed a chapter 7 back in June of this year.. today I
I have filed a chapter 7 back in June of this year.. today I got into an accident to which the other party was at fault.. i has to go to the hospital... if I am … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
I am considering filing a chapter 7 personal bankruptcy. I
I am considering filing a chapter 7 personal bankruptcy. I know some years ago there were some changes in the bankruptcy laws. What I need to know, first of all, is how much money can be retained in a… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Interested in information concerning personal chapter 7
interested in information concerning personal chapter 7 bankruptcy as a member of a 50/50 LLC … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Regarding my chapter 7 ProSe on the Reaffirmation $2000
Regarding my chapter 7 ProSe on the Reaffirmation $2000 behind on payments, $6000 equity in car Obviously, we don't want to be Repo'd with all that equity.My husband went to the reaff hearing today an… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
We filed chapter 7 bankruptcy in California with the intent
We filed chapter 7 bankruptcy in California with the intent on reaffirming the car.We are 90 days out with a report of no distribution and "awaiting discharge" on Pacer.We have $6000 equity in the car… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and elected to surrender their vehicle. Can the Creditor repossess the vehicle while the bankruptcy case is still open? Debtor has not received a dis… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
BANKRUPTCY: A debtor wants to file a personal Chapter 7
BANKRUPTCY: A debtor wants to file a personal Chapter 7 bankruptcy and owns a small business. They are filing mostly consumer debts. Can the Debtor continue to run their small business and generate in… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
My questions center around Chapter 7 bankruptcy. We have
My questions center around Chapter 7 bankruptcy. We have consulted with local attorneys, and want to verify the information we have received. We live in California, and have a household of 3 people (m… read more
socrateaser
socrateaser
Attorney
39,498 satisfied customers
This is a Chapter 7 question. The Debtor was unemployed for
This is a Chapter 7 question. The Debtor was unemployed for 4 of the last 6 months, having worked the last 2 months. Her currently monthly income amount is above the local median, but averaged over th… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
My parents filed chapter 7 bankruptcy. They received a
My parents filed chapter 7 bankruptcy. They received a letter back from the attorney they hired and the letter stated, "they are over the limit on the allowable exemptions for a chapter 7".What does t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Can I rent to own a home in Tennessee with chapter 7 and
Can I rent to own a home in Tennessee with chapter 7 and chapter 13 bankruptcy on my credit?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How do I find out if I qualify for chapter 7 BK Assets 2000
How do I find out if I qualify for chapter 7 BK Assets 2000 Med Bill Debt 22k Tax Debt 12K ( over 3 years old I have been making payments) Card Debt 9K Collections 7K Income SSec 1611 per month… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
Filed chapter 7 and received discharge, massachusetts dept
filed chapter 7 and received discharge, massachusetts dept of revenue seizing assets and not honoring discharge. how do we make them stop, remove liens and return seized money? … read more
Amadeo Rivera
Amadeo Rivera
JD
82 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x