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Delaware Questions & Answers
1 Answer | Asked in Bankruptcy for Delaware on
Q: Repocession help

I have a loan in Pa, but moved to De, which repo laws are inforced

Timothy Denison
Timothy Denison
answered on Aug 4, 2022

What is your question?

1 Answer | Asked in Real Estate Law for Delaware on
Q: What are my rights on a house if I am on the deed but not the mortgage?
Anthony M. Avery
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Anthony M. Avery
answered on Jul 13, 2022

If you are the grantee on a Deed then you own some interest or the Fee Simple Absolute Estate in the real property. The Mortgage/Deed of Trust is a recorded security instrument against the land, securing the repayment of the Note. If you own it, then it is SUBJECT TO THE Mortgage. But unless... Read more »

1 Answer | Asked in Car Accidents for Delaware on
Q: My car was parked in front of a grocery store with my mom in the car. A commercial van had backed into us.

The driver I believe is uninsured as he said he would pay for the damages. The driver also has a temporary license. We did not file a police report. The driver does not own the company vehicle but does work for the company. There is video footage of my car getting hit Infront of the grocery store.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 16, 2022

Since most attorneys who practice accident/injury law will provide a free consultation, I would recommend that use the Justia Find an Attorney tab and search for accident/injury lawyers in your area----call a few of them, set up consultations, and after meeting with 1 or more of them, then decide... Read more »

2 Answers | Asked in Bankruptcy for Delaware on
Q: Can you file for bankruptcy if none of your bills f your bills are in collections
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2022

Yes.

There are two basic tests for whether one is bankruptcy-

1. Inability to pay debts as they become due, and

2. If the total amount of your debts exceeds the total value of your assets.

Eligibility for specific chapters of bankruptcy are set forth in Section 109 of the Bankruptcy Code.

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1 Answer | Asked in Copyright for Delaware on
Q: I'm developing a game and will be parodying famous locations.

Will changing a letter in name and their specialty be good enough to not get any kind of copyright claim or some kind of takedown request? Think in the style of the Grand Theft Auto video game series by Rockstar.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2021

Depends.

You should consult with an attorney.

Using names of public common places may not be an issue.

1 Answer | Asked in Immigration Law for Delaware on
Q: Can I apply for US Citizenship with a Lost Green Card?

Recently I have lost my Green Card at the Philadelphia International Airport. My question is can I apply for Naturalization process with a lost Green Card? I do have scanned copy of the Green Card, and a Police File Report for the incident. Before I incur the I 90 cost, I wanted to verify whether I... Read more »

Agnes Jury
Agnes Jury
answered on Dec 22, 2021

Yes. As long as your green card is valid at the time that you apply for Citizenship and you have a copy of the front and back of it to submit with your naturalization application, you are ok to apply. Best wishes!

1 Answer | Asked in Estate Planning for Delaware on
Q: Is a vehicle with an outstanding loan an estate asset in Delaware?
Nina Whitehurst
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Nina Whitehurst
answered on Dec 1, 2021

I do not practice in Delaware, but everywhere that I do practice, yes, a vehicle with an outstanding loan is both an estate asset (as to the value of the vehicle) and an outstanding estate debt (as to the outstanding balance of the loan).

This type of asset generates all kinds of issues...
Read more »

2 Answers | Asked in Bankruptcy for Delaware on
Q: Does my state's "Doctrine of Necessaries" mean I, unemployed, can't expect a ch7 discharge if my spouse makes an income?

I'm very confused by Delaware state code's "duty to support" clause and how it applies to my bankruptcy case. The clause says each spouse has the duty to support the other, so my wife is technically responsible for my ER bills? But the subsequent clause states that this duty... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 14, 2021

Section 109 of the Bankruptcy Code determines who is eligible for relief under each of the different bankruptcy "chapters", e.g., 7, 13, 11, etc.

Federal law, it is often said, is the "supreme law of the land", and that is certainly true where a determination of who may...
Read more »

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1 Answer | Asked in Civil Rights, Federal Crimes, International Law and Small Claims for Delaware on
Q: I need help suing Puerto Rico

I live in Delaware I am the father of four daughters who live in Puerto Rico in 2008 for which a pension was fixed for me in 2011 in 2019 my eldest daughter turned 21 years old and still continues to pay the pension in in 2019 and second daughter left home and still continues to pay the pension in... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2021

You might have better chances of a response with this question if you reposted under Puerto Rico. Your post remains open for two weeks. Even though you're in Delaware, it sounds like Puerto Rico is where the pension originates from. There is not a section here for Pensions, but you could try... Read more »

1 Answer | Asked in Medical Malpractice for Delaware on
Q: i have a mal practice question regarding surgery i had on my foot

i had a surgery on my left foot.i went to a foot dr. (podiatrist) and told him i had numbness in 2 of my toes so he sent me for an exray went back he said he was still unsure so he sent me for a mri went back and he said i know what it is and that i would need surgery ok so i had surgery and in... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2021

A Delaware attorney could advise best, but your question remains open for five weeks. You could reach out to discuss with attorneys - the fact that you don't have money to hire an attorney is not generally a concern with med mal cases. They are usually handled on a contingency basis. In terms... Read more »

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Delaware on
Q: Can a website judge me or charge my card?

A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... Read more »

Timothy Denison
Timothy Denison
answered on Jul 14, 2021

Depends solely on your card member agreementvterms.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: I have a software that I want to protect, what would be the best option as I was recommended that copyright is not best

Option as copyright will provide public access, although not clear for me, but what do you recommend

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

So I know its been a min since you've posted this question, but if you've developed a "new" software it might be best to seek a patent for your invention.

1 Answer | Asked in Traffic Tickets for Delaware on
Q: Can an officer issue a citation for careless driving, for hitting a pole but did not witness it, but a witness did
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2021

Yes----quite often in matters involving accidents and damage to property, a ticket is issued based on the law enforcement officer's investigation, which does not include his witnessing any portion of the accident/collision.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: Am starting my company,and I have a software I need to protect what's the process to copyright it. Thanks R. Amer
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 25, 2021

Consult with an attorney

Copyright gives people public access to your creation so it may not be the best option

1 Answer | Asked in Estate Planning for Delaware on
Q: legal document required to make sure person is to live in owners property after his death till their death

3 year relationship

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 22, 2021

There is more than one way to accomplish this, and the choice depends on a lot of other factors that you have not mentioned. This is not a do-it-yourself project. You should contact an experienced estate planning attorney for assistance.

1 Answer | Asked in DUI / DWI for Delaware on
Q: Should I get public defender for my dui court case? Can not afford a lawyer or attorney.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 21, 2021

If you are asking whether you should ask for a public defender or represent yourself, then it's a no brainer to ask fort a public defender. You should not go into criminal court without a lawyer. If you think you might be able to afford a lawyer, then contact a few and find out ahead of your... Read more »

2 Answers | Asked in Car Accidents for Delaware on
Q: My 24 year old hit another car, got a dui. Does not live at home, has her own auto ins. Am i liable to give an affidavit

The person that was hit... their insurance company is bugging me and wants me to sign an affidavit stating she wasn't in my policy or living at home.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 8, 2021

No, you do not have to sign an affidavit, however, it may (or may not) be in your and your 24 year old's best interests. My suggestion is that you contact an attorney or 2 in your area, bring the paperwork (affidavit, emails, correspondence) to your meet with the attorney and explain the... Read more »

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2 Answers | Asked in Car Accidents for Delaware on
Q: My 24 year old hit another car, got a dui. Does not live at home, has her own auto ins. Am i liable to give an affidavit

The person that was hit... their insurance company is bugging me and wants me to sign an affidavit stating she wasn't in my policy or living at home.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 8, 2021

No, you do not have to sign an affidavit, however, it may (or may not) be in your and your 24 year old's best interests. My suggestion is that you contact an attorney or 2 in your area, bring the paperwork (affidavit, emails, correspondence) to your meet with the attorney and explain the... Read more »

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1 Answer | Asked in Car Accidents for Delaware on
Q: I was in an auto accident (no fault motorcycle) and want to apply for PIP. Employer has 3/11 as date of accident but

Hospital and insurance have 3/12. Will the date be discussed between adjuster and hr and should I just not apply for PIP because of discrepancy?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 31, 2021

The discrepancy sounds like a mistake and can easily be corrected----you should not use that to prevent you from applying for PIP. Good luck.

1 Answer | Asked in Patents (Intellectual Property) for Delaware on
Q: US6433276B1 Can I sell this product after the patent expires? Can Patents be renewed?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 11, 2021

Patents cannot be renewed after the end of their full term (in contrast to trademarks and copyrights).

To be clear, a patent that goes abandoned early for failure to pay a maintenance fee can be revived if the failure was unintentional.

To the extent that one patent has expired,...
Read more »

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