Archives - Page 45 of 76 - Ask Standard Legal

Does Standard Legal’s Bankruptcy Title Offer Electronic Filing?

December 27, 2019October 28, 2010 by Standard Legal

Electronic filing is not an option that Standard Legal can offer, but not because of any shortfall in capability. In nearly every jurisdiction, the electronic filing system for Bankruptcy is limited to use by attorneys and high-volume creditors. Simply put, the Bankruptcy Courts’ electronic filing system is not available to individual pro se filers in … Read more

How Does a Filer Know Which Debts Have Been Discharged by the Bankruptcy Court?

September 6, 2018October 27, 2010 by Standard Legal

A person lists all of the debts that he or she wishes to have discharged in a Bankruptcy filing. Unless a debt is non-dischargeable by law or a creditor objects to the discharge, then all of the listed debts in the filing are discharged once the bankruptcy court agrees.

Should an A/B Trust for a Family Be Set Up as a Joint Trust?

October 21, 2010 by Standard Legal

Standard Legal believes that A/B Trusts are better set up as separate instruments for each member of a family, as doing so provides clarity and allows for the maximization of a worthwhile tax strategy.

Can I Force My Majority Partner in an LLC to Show Me Complete Financial Records for the Business?

October 20, 2010 by Standard Legal

Nearly all states have laws permitting owners of an LLC or a Corporation to review the books and records of the company upon written demand to the other owners.

In a Bankruptcy Filing, Must I List Property Contained in a Trust for Which I Am a Future Beneficiary?

October 19, 2010 by Standard Legal

In a Chapter 7 or Chapter 13 Bankruptcy filing, the Court wants to know about a person’s complete financial circumstance — including any property or financial interests to which a person may not hold current title, but may gain access to as a beneficiary at a future date.

Can I Create a Second Land Contract on a Property That I Already Have Under Land Contract?

October 14, 2010 by Standard Legal

It appears that such a question is based on the idea that a person who has a Land Contract on a property wants to “sell” that same property to another party, also under a land contract structure, in essence creating a second land contract.

Of course, such a transaction would require the approval of the title-holding property owner.

And while there could be a number of potential legal and financial pitfalls in creating a second land contract on a property that already has such a land contract in place, it’s possible that such a structure could be done legally.

Is a Non-Government Family “Student Loan” Dischargeable in Bankruptcy?

October 13, 2010 by Standard Legal

In nearly every instance, a government-backed student loan is not dischargeable in a bankruptcy proceeding, by law. But what about a clearly-designated student loan that was provided by a family member, a private party, a trust, or even a non-government backed loan provided by a bank?

Can Unpaid HOA Dues Be Included in a Bankruptcy Filing?

October 12, 2010 by Standard Legal

Yes, upaid HOA (homeowner’s association) dues can generally be included for discharge consideration in a bankruptcy petition. But the result of such an inclusion of the homeowner’s association fees depends upon the circumstances of the filer, the amount of money due to the HOA, and the debtor’s intent for the real estate property.

Can My Friend’s Girlfriend Live in Our Shared Rental House Without Splitting the Rent Three Ways?

October 11, 2010 by Standard Legal

Most lease agreement documents permit only the signators of the lease to be permanent residents of a leased property.

Must a Parent Leave Something to Each Child in a Will or Can an Entire Estate Be Left to One Child?

October 8, 2010 by Standard Legal

There is no requirement that any person leave any gift or bequest any piece of an estate to any child or children though a Will. Directing assets through a Will is at the discretion of the Will’s maker.