Questions & Answers by Practice Area

 

Oklahoma Questions

1 Answer | Asked in Bankruptcy Law for Oklahoma on Jan 2, 2011

Andrew Bresalier's answer
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the ...
 
 

1 Answer | Asked in Bankruptcy Law for Oklahoma on Jan 26, 2011

Andrew Bresalier's answer
A: If she is granted a discharge, you will still be liable for the Note/Mortgage. Bankruptcy is an option; however Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared ...
 
 

1 Answer | Asked in Bankruptcy Law for Oklahoma on Apr 1, 2011

Andrew Bresalier's answer
A: There is no such thing as a mere cosigner. This does not create a secondary / less liable class for you. The loan is in both you names. Payment or no, Bky or No, they can come after her the same as you.
 
 

2 Answers | Asked in Bankruptcy Law for Oklahoma on Dec 26, 2013

Andrew Bresalier's answer
A: Student loans are not dischargeable and there is no Statute of Limitation on their pursuit. In rare events they can be forgiven for Total and Permanent Disability, which is well beyond the SS definition.
 
 

1 Answer | Asked in Bankruptcy Law for Oklahoma on Jan 25, 2014

Andrew Bresalier's answer
A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.
 
 

1 Answer | Asked in Criminal Law for Oklahoma on Jan 2, 2011

Kristin Treager Esq.'s answer
According to Title 21 Chapter 21 Section 652: "C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other ...
 
 

1 Answer | Asked in Criminal Law for Oklahoma on Jan 23, 2011

Kristin Treager Esq.'s answer
When you violate your probation by picking up a new charge you do run the risk of jail or prison time. This all depends on the nature of the original charge (whether it's a misdemeanor or felony) and the nature of the new charge. You would need to ...
 
 

1 Answer | Asked in Criminal Law for Oklahoma on Jul 19, 2012

Kristin Treager Esq.'s answer
Usually the police will handcuff everyone (temporarily) who is present on the premises. They do this for their own safety. A temporary detainment is not an arrest.
 
 

1 Answer | Asked in Adoption for Oklahoma on Dec 30, 2013

Howard Berkson's answer
Legal aid should be able to assist you unless you do not qualify for their services. If legal aid cannot help you, check with non-profit organizations that facilitate adoption such as Catholic Charities of Oklahoma City or Heritage Family Services in Tulsa.
 
 

1 Answer | Asked in Landlord - Tenant for Oklahoma on Dec 31, 2013

Howard Berkson's answer
If your landlord sells the property you are renting, you are still bound by the lease and the new owner is responsible for the landlord's obligations on the lease. There are some details about required written notification. See Title 41, section ...
 
 

1 Answer | Asked in Landlord - Tenant for Oklahoma on Jan 1, 2014

Howard Berkson's answer
Title 41, section 118(A)(2) of the Oklahoma statutes requires landlords to "Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition." Sub-paragraph (3) specifies ...
 
 

1 Answer | Asked in Employment Law for Oklahoma on Apr 20, 2011

Howard Berkson's answer
We do not have enough information to answer your question. There are special "child" labor laws from the federal government, and they depend on the type of job. For example, there are different provisions for agricultural work, kitchen work and ...
 
 

2 Answers | Asked in Employment Law for Oklahoma on Apr 20, 2011

Howard Berkson's answer
We do not have enough information to answer your question. There are special "child" labor laws from the federal government, and they depend on the type of job. For example, there are different provisions for agricultural work, kitchen work and ...
 
 

1 Answer | Asked in Business Law for Oklahoma on Jun 6, 2011

Howard Berkson's answer
We don't have enough information to provide a detailed answer. There are many situations in which running water would not be required but drinking water probably must be available, even if it is just bottled or in a thermos. There could be city or ...
 
 

1 Answer | Asked in Business Law for Oklahoma on Mar 18, 2013

Howard Berkson's answer
We don't have enough information to answer your question directly. There are a lot of variables that go into determining whether a company is liable for something done by its contractor.
 
 

1 Answer | Asked in Criminal Law for Oklahoma on Oct 5, 2011

Kristin Treager Esq.'s answer
Yes, we call this an expungement. You will want to hire an attorney who is experienced in the area of expungements. If you are eligible for an expungment and successful in the proceeding you do not have to report on job applications that you have been ...
 
 

1 Answer | Asked in Criminal Law for Oklahoma on Apr 10, 2012

Kristin Treager Esq.'s answer
The courthouse in which a case is filed depends on the jurisdiction of the alleged crime. For example, if the robbery took place in Tulsa County, then the arraignment and following proceedings would take place in the Tulsa County Courthouse. Some ...
 
 

1 Answer | Asked in Elder Law for Oklahoma on Jan 7, 2013

Howard Berkson's answer
Guardianship appointments, modifications, and revocations, are all done by a court. The new guardian should make a motion with the court that initially appointed a guardian. If the present guardian does not object, the motion should say so. Check with ...
 
 

1 Answer | Asked in Landlord - Tenant for Oklahoma on Dec 27, 2013

Howard Berkson's answer
What you propose is a complex matter. There is more than one way to accomplish your goal as I understand it. Consequently, there is no simple form to fill out or list of contract terms you should draft on your own. You should consult with an attorney.
 
 

1 Answer | Asked in Employment Law for Oklahoma on Aug 27, 2012

Howard Berkson's answer
Settlement depends almost entirely on the other party's willingness to settle. If you and the other party have come to an agreement, then the court's involvement should end fairly quickly. It is easy for the judge and helpful to his or her ...