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Questions Answered by Burton A. Padove
1 Answer | Asked in Business Law for Illinois on
Q: When a chapter removes its self from a non for profit charter chapter can they use an assigned name given by the charter
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answered on Jul 20, 2011

There are number of factors to consider, including ownership of the name, tradenames. who owns the registration, etc. If the charter has none of these, there is a good chance you can use them

1 Answer | Asked in Business Law for Illinois on
Q: Our church is a non for profit, also it is a non-denominational church. Why do we need this not for profit corporation.

The last pastor we had involved us in the Illinois not for profit act. Which we didn't really want to do. Now I would like to know what advantage this gives us and disadvantage. The members don't want to belong. How do we or can we dissolve this corporation without penalty?

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answered on Jul 20, 2011

Tax purposes would be one advantage. You are excluded from real property taxes as a general rule as well as some other tax advantages.

It aids in fund raising as donors can obtain a deduction for contributions. The main disadvantage is the extenciscve bookkeeping and reporting.

1 Answer | Asked in Business Law for Illinois on
Q: Can a dentist charge a patient more than the contracted cost with the insurance provider?
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answered on Jul 20, 2011

He can, but if he does, and there is no provision in his provider agreement for circumstances when he or she can charge more, he can be sued by the provider and/or the third party beneficiary of the agreement( the patient).

1 Answer | Asked in Business Law for Illinois on
Q: How do I get a note from JP Morgan Chase Custody Services

Need holder of note

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answered on Jul 20, 2011

Your best bet would be to call them and ask whether they have any specific procedures and/or forms. It also may depend on what kind of note you are asking for.

1 Answer | Asked in Civil Litigation for Illinois on
Q: What happens when a petition is filed agains the plantiff
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answered on Jul 20, 2011

Usually, the plkaintiff would have an opportunity to file a response or answer the petition. Ultimately, unless there will be a hearing on the matter and a judge will rule.

1 Answer | Asked in Civil Litigation for Illinois on
Q: What is "unknown owners and nonrecord claimants"?

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answered on Jul 19, 2011

Potential defendants in a real estate related case who may have an interest in the real estate that is not evidenced by a title search. An example would be a potential mechanics lien claimant, who performed work less than 90 days before the filing of the suit and who have not yet recorded their... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Is there a Illinois form for an affidavit of mailing?

Also, does the affidavit have to be notarized?

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answered on Jul 19, 2011

You should be able to obtain the language by downloading a Notice of Motion form from the Cook County Clerk of the Court's web site.

1 Answer | Asked in Civil Litigation for Illinois on
Q: Are there any lawyers representing defendants in the case MCGIP vs. Does 1-316 filed in Northern District of Illinois

I received a legal letter re subpoena from a law firm requesting disclosure of names and addresses of John Does, which includes myself. I need to know how I can get this subpoena quashed.

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answered on Jul 19, 2011

I know that the Cashman firm out of Houston represented at least one defendant.

1 Answer | Asked in Civil Litigation for Illinois on
Q: How do i find a ruling for a case heard in the Inninois Northern District on 9/23/10?
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answered on Jul 19, 2011

Try googling the case name, subscribe to PACER and look it up, or determine who the attorneys are, call and ask if a opy of the opinion could be sent. Those are just a few suggestions.

1 Answer | Asked in Civil Litigation for Illinois on
Q: What is limit of recovery in a lawsuit filed in the Illinois Court of Claims.

The statutory limit is $100,000 except in automobile cases involving injuries to other caused by a state employee.

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answered on Jul 19, 2011

Generally, $100,000 except in automobile cases caused by a state employee. Additionally claims under the Crimes Victims Act is limited to $27000.

2 Answers | Asked in Probate for Indiana on
Q: I am a devise in a piece of real estae in Indiana. The value of the property is $90,000. The property was owned by two

Sister (my aunts) and one brother (my uncle) as tennants in common and each owned one third of the property.. All three are now deceased. My uncle's share passed by his will to his 5 children (they will divide $30,000 between the five children. One sister (my aunt) left her one third... View More

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answered on Jul 19, 2011

I beleive that your sibs do as she is disclaiming your father's share only. Also, thank you for providing a clear picture of a complicated fact pattern.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: My ex wife is filling bankruptcy andI need to know if she can file against money owed me from her retirement?
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answered on Jul 19, 2011

You are not a creditor so the answer is no. You already own the interest in her QDRO

1 Answer | Asked in Criminal Law for Indiana on
Q: I am a state witness according to a subpoena for a domestic violence case against my bf dont want to go what happens

Forced to be a witness in a domestic battery case against my boyfriend whom faces a misdemeanor A charge.....what happens if I do not show? statistically do judges come after the witness for the violation?

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answered on Jul 19, 2011

You should contact the prosecutor and indicate that you do not wish to proceed. Under no circumstances should you not appear if you have been subpoenaed.

1 Answer | Asked in Criminal Law for Indiana on
Q: If someone enters your home do you have the right to inflict harm to the intruder

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answered on Jul 19, 2011

The relevent parts of the Indiana Code are contained in

IC 35-41-3-2

Use of force to protect person or property

Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to...
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1 Answer | Asked in Criminal Law for Indiana on
Q: What is the definition of evading police in Indiana?.Need to know if it is a misdemeanor,or felony
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answered on Jul 19, 2011

Here you go :

IC 35-44-3-3

Resisting law enforcement; mandatory sentence

Sec. 3. (a) A person who knowingly or intentionally:

(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully...
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1 Answer | Asked in Criminal Law for Indiana on
Q: A sentence of 2 to 12 years is an example of what kind of sentencing
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answered on Jul 19, 2011

This would be a felony sentence.

1 Answer | Asked in Criminal Law for Indiana on
Q: I recently had an owi 2months ago, I've had 3 others that were dated back a while ago they were all c misdemeanors am

Were spread out far apart within the time frame the last one I was an hso no htv am I looking at any jail time, I have a lawyer saying I could get my licsence back in 6 months I don't care if they put me on house arrest for a long time

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answered on Jul 19, 2011

What is your question?

1 Answer | Asked in Criminal Law for Indiana on
Q: Does parole and probation ussually run together
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answered on Jul 19, 2011

No. Although similar in many ways, a court administers probation, the parole board administers parole.

1 Answer | Asked in Estate Planning for Illinois on
Q: Who is financially responsible for the final (death) expenses of a parent?
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answered on Jul 19, 2011

The parent's estate is generally responsible.

1 Answer | Asked in Contracts for Indiana on
Q: Can a company penalize you after a contract is signed for something that happened before the contract date?
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answered on Jul 19, 2011

If there is language in the contract allowing for the penalty on prior acts, yes.

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