Your legal remedy is go file a Complaint for Modification of the Divorce Agreement immediately. Only the court can determine if you are absolved of this legal/contractual responsibility due to the bankruptcy. However, you should know that when filing a Chapter 7 or 13 bankruptcy petition, an automatic stay provided by Bankruptcy Code section 362(a) … Continue reading As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?
Small claims is designed to be a summary and expedited procedure, so many of the litigation tools of a full trial process are not available to the parties. The rules of Evidence are relaxed (at the judge's discretion), but many procedural tools are limited or unavailable---such as "Discovery" and motion practice. There is usually only … Continue reading I want to file a claim in Small Claims Court
A motion is the legal vehicle, a writing and a filing with the court, by which one party "moves" the court for an order, decision or interim ruling after the case has been commenced and during the pendency of the litigation. Motions are not permitted as a way to commence an action. An action may only be commenced by … Continue reading Please explain what is a “motion”