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Recent content by anabanana

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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    Florida license suspension--cancel court date?

    What is the name of your state? FL A lawyer told me last week there is some mechanism, a court rule or some such thing, whereby someone can get their court date removed from the docket after a violation of Driving While license Suspended or Revoked, once the suspension has been cleared and...
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    Half-executed lease

    What is the name of your state? FL A property manager high-pressured a woman into signing a lease for a house. The lease listed the woman and her boyfriend as lessees. PM required her to sign the lease and pay the money before showing the property, and handwrote on the lease that the tenant...
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    Lease only signed by one party. VALID?

    What is the name of your state? FL My assistant and his gal were looking for a place, and she got into a pressure-cooker with some property management chap who talked her into signing a lease and turning over the money WITHOUT SEEING the property. I know, it's beyond my comprehension. But...
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    computer injured in car wreck

    What is the name of your state? FL I was sideswiped and run off the road. No injury to me, but my car was all tore up along entire driver side and front passenger side, and my laptop computer was thrown around inside and won't function properly. Other driver accepted liability, they told me...
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    Can a judge reverse his prior orders?

    What is the name of your state? FL How much latitude does a judge have to reverse a prior ruling? I raised some allegations in BK court about a deadbeat debtor that really got the judge ticked off, and he hollered at the debtor's counsel, "If I ruled on false testimony, if you're telling me...
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    Can judge reverse his orders?

    What is the name of your state? We had a hearing about three weeks ago in which I raised some allegations about the deadbeat debtor that the judge has apparently not heard before (not that I haven't raised them previously, but that doesn't mean he has to pay attention). It really got his...
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    What part of "ALL DISPOSABLE INCOME" doesn't count?

    What is the name of your state? FL As I read the Chapter 13 rules, it seems to me that it says that ALL the Debtor's disposable income is supposed to be devoted to the plan. However, the Chapter 13 Trustee in the Middle District of Florida says that only means all the income from one...
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    And here's a little question for ya...

    What is the name of your state? FL The trustee knows that the debtor committed fraud and has all the evidence to prove it, but that would require some work, a hearing, a break in the papere-pushing routine. So instead, they've decided to use it to try to extort a higher payment out of the...
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    Personal creditors, watch yer mouths!

    What is the name of your state? FL Just thought I'd share this, for the edification of all. The automatic stay is supposed to protect the "honest debtor" from harassment for payment by creditors, not to protect slithering scumbags who want to rip off their domestic partners and then throw pot...
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    Is this a violation at ALL?

    What is the name of your state? FL Well, Lady, maybe you've got a line on this one, because I can't seem to turn anything up in the literature. Presently, my claim has been zeroed out and I guess that means I'm technically not even a creditor, at the moment. That seems to be the debtor's...
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    AttyOney or other BK esq....

    What is the name of your stte? FL Hey there, I have got a helluva poser. The trustee couldn't even guess at what might come of this, and it could affect the Debtor's plan... I have an order on an arbitration award for child support arrearage against the Debtor, issued by the state court...
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    Can I argue against my own motion?

    What is the name of your state?What is the name of your state? FL The bankruptcy court ordered me to file a motion to vacate a post-petition arbitration award I got against the debtor, or face sanctions. I filed the motion, but obviously, I don't want the order vacated, because it is the...
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    Lawyer's failings provide grounds in appeal?

    What is the name of your state? FL Is there any circumstance in which an attorney's failings in a civil trial offer any grounds for appeal? Is there any way in which those failings might be at issue in an appeal? On the one hand, it would strike me as a bit unfair to the prevailing party...
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    Standard of proof in legal malpractice?

    What is the name of your state? FL If you sue a lawyer for malpractice, you have to basically show that you would have won your case in the first place, if the lawyer had performed properly. But do you have to go to the extent of actually proving the original case entirely, or just show that...
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    FILING DEADLINES, forward or backward?

    What is the name of your state? FL The Middle District of FL in the BK court is pretty much all electronic by now so in the Rules there is instruction for how to file after-hours if the ECF is down, but there's no instruction in there for making a regular paper filing. What happens if your...

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