A. J. Mitchell
Law Offices of A. J. Mitchell
- Business Law
- Personal Injury
Jurisdictions Admitted to Practice
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- This Year: 71st
- Last 30 Days: 15th
- Overall: 4 Answers
- This Year: 4 Answers
- Last 30 Days: 1 Answers
Q: How do I get a certified copy of an order on motion to avoid judgement lien?
A: If you are really asking for a file-stamped copy of such an order, you should contact your bankruptcy attorney or visit the clerk of court's office. Be sure to have your case number, SSN and proof of identification when you arrive at the clerk's office.
Q: How to contest a lien
A: Need more information regarding the type of lien, circumstances of filing and date of filing. This is a matter that would be best handled by a contracts, business or real estate attorney.
Q: My brother was our dad's power of attorney. After our dad passed away, he used all of dad's $$ for himself
A: Powers of attorney are generally governed by the law of agency. One who has been given power of attorney to act on behalf of another is also referred to as an attorney-in-fact. Such individuals are considered agents for whoever provides them power of attorney (the principal ) and have a fiduciary responsibility (characterized by a duty of loyalty, duty of trust and duty of care) to act according to the directions of the principal. Given that your brother failed in this regard, your father's estate may be able to bring suit against your brother under a legal theory of breach of fiduciary responsibility. Of course, if your brother doesn't have anything, you may need to do a cost-benefit analysis to determine whether or not its worth spending money to go after him.
Q: Does bankruptcy affect child support?
A: Child support and alimony are not dischargeable through bankruptcy.