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Questions Answered by Timothy Denison
1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

Wife filed a DVO four months ago.

And decided to tell me she wants me back home and doesn’t want to divorce. We have a newborn together as well. She brought me home recently in the hopes it would be amended.

Turns out judge said no.

Can there ever be a random search for... Read more »

Timothy Denison
Timothy Denison
answered on May 1, 2023

You are violating the DVO by returning home before it is amended. If anyone reports it or if the police are called and find you there, you will likely be arrested and charged with violating the dvo. You should go somewhere else to stay, hire a lawyer to get the dvo amended, and not have any... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: What to do when a home marketed as one size turns out to be 500 sq ft less and only known to buyer at closing?

Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... Read more »

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... Read more »

2 Answers | Asked in Bankruptcy for Minnesota on
Q: Can my elderly parents look into assisted living facilities while waiting for their bankruptcy to be finalized?

Bankruptcy was filed in Nov 2022 and is still being reviewed. Both parents have significant health issues that will require them to seek alternative living situations in the near future but they are finding there is a shortage of appropriate housing options coupled with long waiting lists for... Read more »

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

They can look into anything the wish but I would be careful signing anything without consulting their bankruptcy lawyer. If they are in a 7, they can proceed however they wish. If they are in a 13, they will need permission from the court before they sign or commit to taking any action.

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3 Answers | Asked in Car Accidents and Personal Injury for Kentucky on
Q: How do I change lawyers in a personal injury suit?

I was in an accident over a year ago and hired a lawyer the same day. However they haven't done anything at all for me including file any suit and I'd like to fire them and hire a different firm but I'm not sure how that works?

Timothy Denison
Timothy Denison
answered on Feb 16, 2023

Simply NOtify the first lawyer inWriting that you are terminating his services and ask him to send the file to the lawyer you are hiring.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: I filed Ch.7 bankruptcy. Can my co-owner legally come after me for not paying the mortgage?

I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... Read more »

Timothy Denison
Timothy Denison
answered on Jan 18, 2023

No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: What should I do my dog has been missing for almost a month I found a page of it rescue shelter that has her picture

But they say that it's not my dog when the lady sent me the paperwork to show me that the dog was a court dog she sent me a dog picture of a terrier so I let her know that the Chihuahua is who I'm talking about and then she said she doesn't have it but I clearly see the photo what... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

First, go to the shelter and make absolutely sure it is your dog. If so, take all the paperwork of proof of ownership to the shelter and show them. Pay any fees associated with her board while she’s been gone. If they won’t give you the dog, hire a lawyer and file suit.

2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My son is 15 and want to detention center til Monday. He took my car for a joyride. What will they do to him for this?

He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.

Timothy Denison
Timothy Denison
answered on Jan 6, 2023

Likely he will have to answer the charge of unauthorized use of a vehicle. He could be detained by the court, but likely will not be unless he has an extensive juvenile record beyond what you’ve detailed here.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.

All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... Read more »

Timothy Denison
Timothy Denison
answered on Jan 5, 2023

It is likely not exempt, although depending on the value, you may be able to protect it with your FLorida or federal exemptions. Consult an experienced bankruptcy lawyer to review your entire financial situation.

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1 Answer | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Washington on
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?

Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:

Is there anything in the law to prevent litigation used by one larger company (that can handle... Read more »

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.

2 Answers | Asked in Bankruptcy for Virginia on
Q: I'm a 61yr. Old widow and have never filled bankruptcy. But I believe I'm going to have to. How much is it .

Can you make payments on this

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

You should consult a competent bankruptcy lawyer near you who can correctly analyze your financial situation and help you make the right decision. Costs roughly are probably $1500 to $2500, depending on the amount of work to be done.

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1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Kentucky on
Q: If I have a basketball goal sitting in our grass by the road and someone driving by hits it is it our fault?

When he hit it he diddnt stop at first and the goal was hooked to his van and when he dragged it he also hit our mailbox with it but now he is saying it's our fault for the goal being that close to road and he isn't paying for it

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

No. It is the drivers fault. Report it as a hit and run.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: Can I refuse a civilian animal control offer to come in my farm, if she is biased and friends with person who complains?
Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Yes, unless the ACO has a search warrant.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can I legally be taken to court by one who lied to hospital to get drug addict baby released to them?

She gave birth on cocaine,courts placed kids with us.She skipped all court.Years later taking me to court for custody.Failed to mention she and her mother lied to hospital saying kids lived with ME to get baby released.They both skipped court.Now I pay a lawyer for court she’s dragged me into as... Read more »

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Yes. She can take you to court if she is the mother of the children. Yes. It is legal. If her request is denied or determined frivolous, you could be awarded your attorney fees insured.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Kentucky on
Q: My mom died 2 yes agoand I lived with her took care of her till she passed and still living in the home my child hood

Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... Read more »

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

180 days if other cases. You have to make a motion for a speedy trial in the case before the time starts to run.

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1 Answer | Asked in Juvenile Law, Family Law and Child Custody for Kentucky on
Q: I'm 16 and in foster care what do I have to do to get emancipated
Timothy Denison
Timothy Denison
answered on Dec 31, 2022

File a petition for emancipation in the district court of the county in which you live.

2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Could also be a reporting error. Contact all three credit reporting agencies and dispute the entry. They have 30 days to investigate and correct if necessary.

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1 Answer | Asked in Bankruptcy and Family Law for Texas on
Q: Can I fill out a bankruptcy response to the court when I am owed spousal support? A motion to deny my stay was entered

Ex husband declaring bankruptcy, I have a default judgement and certificate of enforcement but have been unable to collect. I have an attorney, but each thing costs me money. In the divorce decree it states the ex must pay for my attorney fees, but since I have a default judgement, does that negate... Read more »

Timothy Denison
Timothy Denison
answered on Dec 17, 2022

No. He still owes you the money. Domestic support obligations are non-dischargeable. You can recoup your attorney fees up through the date of the order but you can always go back in and ask for more attorney fees bc if the bankruptcy.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: How can someone be arrest on a complaint warrant when it wasn’t the victim that didn’t do the complaint at all. When the

Victim was the one that police came in on and because the detective didn’t get what me wanted from me he turned to my boyfriend and had him arrest 3 months after the fact. The Sheriff’s that came was confused over it and, supposedly the warrant wasn’t signed by a judge either. He spent 78... Read more »

Timothy Denison
Timothy Denison
answered on Dec 11, 2022

An arrest can be made by police in a domestic case based on probable cause determined by the officer. He does not have to witness it or be present. An arrest may also be made upon a warrant issued upon a sworn statement of the police or private citizen. Consult a criminal defense lawyer near you... Read more »

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