The very hot topic in Nebraska bankruptcy courts these days center around how courts apply changes to the homestead exemption law enacted in 2014.
The exemption protects up to $60,000 of equity in a debtor’s home, but the question is whether the exemption is limited the home or to the debtor. In the case of
When you get sued you hang your head. You feel like the battle is lost when the Sheriff delivers the court summons to your door.
But getting sued is not the end of the battle. No, getting sued may be the best thing the other side did to equalize the playing field.
Yes, getting sued
If you were sued on a debt you have 30 days from the date you are served the paperwork to file a written response with the Clerk of the Court.
Let’s review:
How
The second great power of Discovery is the Motion to Produce Documents.
When a bill collector sues for nonpayment of a debt, they also open themselves up to answer questions–finally!!–and to provide documents.
What type of documents? Well, any document relevant to the debt.
Sued on a medical debt?
You were sued on a collection lawsuit and managed to file a written response with the Clerk of the Court within 30 days. Congratulations, you have stopped the entry of a default judgement.
But now what? What is your plan of action after filing a response to the lawsuit?
The next phase is to get
If you bothered to file a written response to a lawsuit with the Clerk of the Court, what is the next step?
What happens after you respond to a lawsuit?
Discovery:
The next step in litigation is called “discovery.” It is your opportunity (and the creditor’s opportunity) to get answers to questions. Unfortunately, this tends
I read this comment from another bankruptcy attorney today:
“Help me understand why the home value (Z)estimates from a company that lost nearly $1 billion of its own money by relying on those (Z)estimates to play in the house flipping market are reliable.”
Home values provided by Zillow are important in bankruptcy cases, even if
An email from a client (edited to preserve confidentiality):
“Good morning. On October 31, 2022, [my husband] had to have surgery to remove his gallbladder. The hospital is requiring payments of approximately $400 a month on the $5,049.97, a sum I am unable to accommodate with our budget. My husband’s income makes us ineligible for
I recently met a client who first learned that she had been sued when she received a post card in the mail from the court indicating that a default judgment had been entered against her. Frequently I meet clients who first learn of a judgment when their paychecks or bank accounts become garnished. “How can
