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Found 120 results

  1. Can a post petition debt be collected in a chapter 7 case or is it discharged?
  2. I need help. My ex-husband and I were divorced in May 2014 after 20 years of marriage in Alabama. In the divorce, it said that we were to sell the house and spend the equity to pay down any debts and then split the difference and he was to pay me 900 per month until it sold. He was in contempt of court and I was taking him back to court for several things he was in contempt on. 1 week before our court date, he committed suicide. There was no will and my 2 children are his only heirs. His family and I went to the mediation. I told them that I wanted anything that we had joint debts on which is the house and the boat since there was no money or insurance policies. During the mediation, I was told me the house was mine regardless due to right of survivorship and I was awarded the boat. The 2 attorneys talked with the judge and he was fine with this. His attorney dropped the counter. The documentation I received was from my lawyer. The court order does not show the details. His family (including my children then 16 and 20) decided not open an estate as their was not money. The only other asset was a truck that my ex specifically said would go to my youngest. The state of Georgia (where he lived and died) allowed me to put the truck in my name. Its now in my name and title in Alabama with my son driving. My oldest really got nothing. His parents have several of the household things to give my kids when they are older and the girlfriend has the remaining. This parents paid the funeral expenses. The girlfriend who lived with him paid the remaining lease and cleanup fees. And the girlfriend filed criminal charges on me and my youngest son for "breaking" into her house (my ex and her rented). My son had a key as he used to live their and my son as always told it was his home. I had to pay 1500 to a lawyer to talk to the police and explain and they did not peruse the charges. Now fast forward 1 year. I have paid the full house note and boat note for the whole year along with completely supporting my kids. That has been huge since my ex committed suicide and greatly affected my kids. I am broke. The girl friend is saying that his estate owes him 5,000 and if we didn't open the estate, she would. I met with a lawyer in Georgia. she has that according to Georgia law our divorce degree overrides any deeds or ownership. That 1/2 of my house and the boat belonged to my ex, When my kids open the estate, I will be forced to hand over the boat and be forced to sell my house to pay the estate bills. Is there anything I can do to keep this from happening? My kids and I will lose everything that me and their dad worked for our entire lives just because his girlfriend is 22 and money hungry. His parents and family and I have a great relationship. We are all devastated that we will be forced to lose our home and my son will lose his fathers truck which is not worth much of anything but is priceless to us. And to the market fall, once we pay fees, we would be lucky to get 1,000 or not lose money due to the sale. Is there anything I can do?
  3. Jurisdiction: Georgia My roommate and I moved into a 2 bedroom, 2 bath house on July 20th. I am not on the lease. Our oral agreement is that we will split everything, 50/50. I've known my roommate for ten years but, you really get to know a person when you live with them. We are just friends. I am retired and she stills works. On August 1st. when I refused to tear up a box to put in the trash, she became enraged and told me that she was not going to live with some one who just laid around all day. She told me to get out. After she realized that she needed me to help pay rent and utilities, she relented. Since then, it;s been one thing after another-nit picking. She sees everyone else's faults but not her own. I have come to realize that she chose me to be her roommate because she has this "nice-nasty" persona and no one (apparently except me) wants to deal with her on a daily basis. I cannot. I will not live with her beyond 90 days. How do I break this oral agreement without being liable? I am tempted to just leave but I want to remain a gentleman. Please help and thank you very much. A friend of mine wants me to pay 1/2 the rent and utilities. I concur. She also wants me to pay 1/2 of the deposit although my name is not on the lease. Am I obligated to pay? Thank you
  4. If a 16 yr old and 19yr old have sex is that statutory rape? And if so what is the statute of limitations?
  5. How can a company found liable by tort judgment file a interpleader claiming the insurance policy does not apply? Does the fact that the insurance policy being presented by company at trial automatically prevent this claim? Does an attorney have a responsibility to avoid presenting information it knew conflicts with a previous admissions?
  6. Does a Will outweighs a Insurance Policy with a named Beneficiary
  7. Hello All, So, I've found it very difficult to find any help or resources for my questions. My wife and I are filing for guardianship of her 14-year-old sister. We have the signed and notarized affidavits from her mother and father, as well as herself and the petition for guardianship. We will be filing the paperwork either next week or the week after. Our household income is on the median to high side (Approx $100,000, annually), and we do not qualify or desire Government assistance for ourselves, but assistance for my sister-in-law might be accepted and helpful. My questions: Is the guardianship literally a 1-for-1 as custody (in the eyes of the government, is she my step-daughter)? Is she eligible for medicaid or medicare, regardless of our income? Are there any programs local, state or federal for aid of guardians? Do Georgia school systems offer assistance for Guardians (reduced meal costs, etc)? It's not that we aren't financially able to take care of her, but just her school lunches are $100/month, insurance will be another $200-$300/month, etc. etc. It really starts piling on. Thanks!
  8. My father passed away and after he did a settlement was reached with the lawsuit of 350000. I am so confused by the way this attorney is dividing up this money. He has sent me a breakdown of the settlement 3 times now and they are not even close to the same and at this point we are all scratching our heads. Does the expenses come out first? Or does his contingency and expenses? Or does the medicare and funeral? There is thousands of dollars difference with these breakdowns of the money. HELP!
  9. I purchased land on tax lien. 2 owners of record on title, one could not be found. Getting ready to foreclose on the right to redeem ( I was on good terms with prior owner),he died. His family wants the property back. We spent $1300. clearing away debris from the former mobile home that had been taken apart , as well as overgrown trees and bushes in order to prepare it for a new home. This needed to be done no matter who gets ownership. Does his family have to go through probate before proceeding? Can they exercise the right to redeem, or is only the other owner,whom I cannot find, the one who can redeem? Can they refuse to pay my cleanup costs? Is there a legal precedent to this case? Please advise
  10. With the new DOL overtime rule, our non-profit agency is thinking about moving 2 exempt employees to non-exempt status. They both make below the $47,476 threshold. These 2 employees are managers and are on-call every other week. (26 weeks each) They have to be within 30 minutes of our agency and/or hospital if needed in-person. The board is considering paying them $2 an hour for stand by time (128 hours a week for the week they are on call) and time and half if called in. Under the new DOL rule, is this permissible? The new rule is very confusing. Thanks for any guidance you can give.
  11. We purchased a large piece of property years ago with several members of my family. We had agreed upon amounts and tracts but closed as one piece of property, then (at the same closing) all signed quit claim deeds to one another's tracts except for the property that is under the lake that is used by all landowners. Everyone's names remained on the lake deed. Now, years later, my husband and I are wanting to sell our piece of property. We have buyers that are interested but only if their names can be put on the deed to the lake as well so that they will have lake use (and understandably so). Will we be able to sign a quit claim to the buyers of our piece of property so that they will own part of the lake as well? My family is not wanting us to do this, they don't want to own property with "strangers", I don't want this to cause us to not be able to sell our property. We live in Georgia.
  12. Can a NCP be stopped from leaving the country if they are over $70k in arrears?
  13. my neighborhood has a shared pond,for residents only. The road to access the pond has washed out from all the rain over the last year. My property runs along the side of the road and backs up to the dam for the pond. my property line actually ends in middle of the dam. it is not safe for anything to drive over the dam. what are my rights to put a gate up until it gets fixed? i have gotten an estimate and informed the neighbors of cost, no one wants to put up any money to help get it fixed. if nothing gets done to repair it then the dam will bust affecting mostly my property
  14. My father, a resident of GA, died on May 12. He was married to his last wife for 6.5 years. She has a contentious relationship with my brothers and me and has been giving our father's possessions away to her own children. I know she was working on wills when they got married but am not 100% certain that it was finished. My father was retired with a full teacher's pension. I have a disabled brother that I would like to receive whatever benefits went to our dad. How can I find out if he has a will? Can I legally make her stop giving away my father's things before his own children get them? Is my brother eligible to receive my dad's pension since the wife has only been the wife for 6.5 years? My dad was not wealthy. He would have wanted his disabled son to be taken care of.
  15. So on February 12th, 2016 I was fired from a retail story because they claimed I left money in the register over night. I believe it was a set up by the Assistant Store Manager and The Full time Security officer. I start working at this company as a part time seasonal associate in June 2015. In August 2015 I was promoted to Area Supervisor at another local store. I started at this store in September 2015 and this store was a mess. Being 21 years old and the youngest manager to step foot in the store I knew I had my work cut out for me. The store was so unorganized I was even left on one shift as the only cashier and one security person to handle a long line all the way to the fitting rooms. It was one crazy night! In January My Store Manager start getting sick and was missing many days we stop having manager meetings and all communication was lost. The Security man started becoming the Assistant store Manager puppet. He came to me one day an said you know the asm will be leaving soon and I think you should try and get the position. Because The store Manager only wanted to give me an 8 cent raise and the asm wanted to give me a dollar raise. Then he said I needed to choose sides, Either the ASM or the SM . I was confused I said Im not picking sides. Im picking my own. I had two phones at the time. I left it in the office one day to charge. One Android and one iphone. I was trying to test the iphone to see if u wanted to convert to team iphone. I gave an employee a break for 30 minutes came back into the office and realized a have A VOICE RECORDING OF THE ASM AND SECURITY OFFICER HAVING SEX IN THE OFFICE. I mentioned it to her the next day, all I said was I wonder how would the District Manager feel if she found out her and mr.tim was using m&m in the office. She said I was childish but then 10 min later the officer came to me and said how bout you tell my wife. Im like what are you talking about. The next week The ASM opened the store and tried to look for money three times in the same area after going back to the office three times touching money. Went back to the front and then Going to hold up an $20 bill front the same area she already look and didnt find it. It was a set up . Should I sue for Whistle blowing. What should I do?
  16. My brother has a one year old with an ex-girlfriend. Over the past year, she has put my family through hell. She has physically assaulted my brother, vandalized my mother's vehicle, as well as threatened my sister as well as myself. She usually calls and harasses myself, my brother, and my mom for a few weeks, then the calls and text messages will stop. Recently, she went to the extreme and has gotten her cousin involved. The cousin has mentioned that she will "kill all of us on sight" as well as saying that she will have someone come to my brother's job to "air it out". I want to know where can my family start with taking legal action against her for making these threats as well as where should my brother start to take action to get full custody of my brother. We live in Georgia and every cop that we speak to tell us the same thing, that he has no legal rights to the child. This situation has gotten out of control and we desperately need help to get my nephew out. I'm afraid that his safety is at stake, especially since she had portrayed suicidal behavior to myself as well as my brother.
  17. I am inquiring on gaining more information about my court case on May 19th at Taliaferro County Probate Court at 10am. How should I handle this case & any recommendations on traffic ticket lawyers? On Apirl 10th 2016 I was on the way back from dropping my Husband off at Fort Gordon in Augusta. I was on a round trip to Atlanta, because my husband had left behind his dog tags, hat and a few other military equipment. His commander said lights out at 9pm so I would have to make it back in time in order for him to attend nightly formation. The time was 6:28 pm when I was in Taliaferro county on 1-20 going West in the left hand land. There were 4 cars in front of me and 3 car behind me. I was trying to get around three trucks. but was stuck in the middle of cars. The cop pulled me over at 6:31pm and said i was going 110. I told him it couldnt have been me because i was in between two other cars I couldnt move. He said well your the one I got! I said okay and told him my situation and if he could help me out. So he gave me a following to close ticket and a speeding ticketing. and said i had enough time to make it down and back. Which was I lie I got back at 10:30. and now my husband is on duty for 45 days with no pay. I'm a stay at home mom. and already on non reporting probation for an previous traffic ticket since i couldn't pay the fine all at one time. . I do not want to go to jail. What should I do.? The two tickets I have are Speeding doing 109 in a 70. and following to close.
  18. I am having back surgery and will be out of work for a minimum of a month. I live in bryan county, Richmond Hill Ga. Does anyone know if I can qualify for unemployment or temporary disability insurance so i can still sustain my two children wife and I while I'm out of work. I will still be able to return to work. I work at ProShine car washing. The end of June is the surgery.
  19. Is it possible to file a motion to dismiss an emergency petition for the violating Form of Pleadings in OCGA 9-11-10 as well as for not filing with initial petition the required Domestic Relations Financial Affidavit, a proposed parenting plan, a rule nisi or a verifications form? Along with the motion to dismiss, I was wanting to include a counter motion of contempt. I am aware that by my ex filing a modification motion, it opens the door for counter claims of contempt, however instead of doing an answer and countercliam, I was wanting to do a dismissal and counterclaim. Is this Possible?
  20. Today, I was kicked out of a place for fishing. There is a fence with an open door and a path behind a dry cleaners that i used to walk through the woods to get to a pond. Later, a man told me I was trespassing despite the side of the lake I was on was literally across the lake from his house, in the woods behind some stores and not on or anywhere NEAR his home or any of the other properties, as the housing is on half the pond and the other half is forested. I doubt he owns any other land than his yard, and he definitely doesn't own the lake single handedly. I left abruptly when told. Wasn't bothering anyone, making any noise, leaving any trash, damaging anything, or keeping him from enjoying his home. Who was in the wrong here? Does living in a lakefront home mean you own part of the lake and the land across it too? Could I be attested for criminal trespassing?
  21. hi there, i am curious as to whether my marriage was deemed valid, when we got married we both had to show ID, mine was a valid Ga ID and his was a mexican military ID from 10 years prior, (the ID was expired at the time and the laminate was separated and bent all on up corners mostly coming apart,and was in spanish) it was not translated in english at all. does anone know if we are legally married? we do have a marriage certificate and the lady that married us knew me since i was a kid so she specifically said when i asked her if we needed anything else, "oh honey i trust you.. you dont need anything". i know for a fact that he never had any proper id (translated birth certificate, ga ID/ license, passport, etc..) until after we were married and started his paperwork for a visa. anything would be helpful .. thank you so much!
  22. Hello, My wife and I are currently living in Maryland. We traveled to Florida in January and were pulled over for a speeding ticket in North Carolina in which my wife was the violator and we paid the fine. However, we just received another citation from Georgia with my wife's name, address and date of birth correct but the driver license number is not hers, it was some random number in Georgia's license format. We have never been to Georgia our entire life and were not pulled over in Georgia anytime during the trip. But we still received a notice of license suspension. There is no other information which we can see about the case, we only see the violation date and how much we should pay. We don't know where or what time of day did we violate the speed limit. How can I fight this ticket?
  23. GEORGIA....My bf was at a house actually running a tattoo on someone, the drug task force busted in, they found a almost if not empty bag that contained Meth in the bathroom which was in a opposite room than anyone was in but since nobody would claim the sac, they arrested everyone in the house which was about 8 people....can they charge and convict everyone that was at the house visiting with the same exact charge???
  24. I had a bench trial on 1/4/16 to defend myself against the charge of "Failure to Yield". The judge decided at the end of the testimonies that the case would be "adjudicated" and I was told that the court would send me the final written ruling via postal mail within 30 days. After 45+ days, I had not yet received anything in the mail regarding the judge's final verdict. I e-mailed the court on 2/23/16. On 2/29/16, the court's general information office replied stating, "This information has been sent to a representative in Court Services. I do apologize for any inconvenience this has caused. Once an answer has been received, the response will be forwarded to you." As of 3/11/16, I still had not heard from a representative of court services, so I sent another e-mail inquiry. "I still have not heard from a representative of court services. Could you please provide me with a contact name?" On 3/15/16, the court's general information office replied stating, "Your inquiry has been forwarded to the Staff Attorney. The transcript is in the process of being reviewed by the Judge. Once this is completed, a final ruling will be mailed to all parties involved." MY QUESTION IS: Do I have any recourse whatsoever to have this thrown out altogether since the judge was supposed to render a verdict by 2/4/16, and it has now been 50+ days since the verdict was to be rendered by the judge? Any feedback would be greatly appreciated.
  25. Got arrested in Georgia, while you are in cuffed in the back of car you get assaulted battery.
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