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Delaware Questions & Answers
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.
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...
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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
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
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,...
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1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: I was severely injured in a motorcycle accident. Why isn't the at fault person responsible for my medical? Delaware
Tim Akpinar
Tim Akpinar answered on Feb 21, 2021

A Delaware attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your injuries. You could continue to await a response here, but you could also reach out to local attorneys to try to arrange a free initial consult. Coverage for motorcycle... Read more »

2 Answers | Asked in Trademark for Delaware on
Q: Hi there , Basically we have a deficiency letter in need of a response it was incomplete plus to file amendment.

Do I file a ALLEGATION OF USE (STATEMENT OF USE/AMENDMENT TO ALLEGE USE) first and then answer this deficiency letter or both can be done together?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 20, 2021

You should consult an attorney.

Most likely you need to respond to the office action and then wait for the notice of allowance to be issued

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1 Answer | Asked in Estate Planning for Delaware on
Q: Is it proper in a Trust?

Is it proper ,in a Trust's checking account, in published checks, the trustee puts her name and address at least twice as large as the name of the Trust, and omits the sole beneficiary's name (which is part of the Trust legal name/title) and omits the E.I. N. number indicating this is a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 8, 2021

As a beneficiary you are entitled to periodic accountings. You probably need to hire an attorney to help you enforce your rights. You are looking for a trust litigation attorney.

1 Answer | Asked in Banking for Delaware on
Q: Is it legal for a bank to hold a $5000 check for more than 5 business days?

I deposited a $5000 check on January 29th. On Tuesday February 2, I contacted the bank and ask how long would it take for the check to clear. I was told that the funds wouldn't be available until February 8th. I told them their website stated that a check for $5000 would be held UP TO 5... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 5, 2021

When counting business days Banks do not count the date of the deposit--in this case Friday January 29.

So count with me: Monday February 1 was the first business day;

Tuesday February 2 was day #2;

continue on counting through Friday February 5, which is business day #5;...
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1 Answer | Asked in Appeals / Appellate Law for Delaware on
Q: hiring restrictions in corp constitution
Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A Delaware attorney could advise best, but your question remains open for two weeks. It isn't fully clear whether you are looking to challenge hiring restrictions appearing in a corporation's constitution, or are looking to appeal a lower court decision involving those restrictions. In... Read more »

2 Answers | Asked in Bankruptcy for Delaware on
Q: Filed Chapter 7 bankruptcy. Owe $140 on a title loan. Want to pay this off, how can I do this. Manager would not let me.

Called to get payoff, was told account was flagged for BK and that manager has to call corporate to find out if she can take my money. I have the $140 and just want to pay it off.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 25, 2020

The "curtain" drops regarding debts and assets on the day a Ch.7 case is filed, for purposes of determining what assets are included in the bankruptcy "estate", as well as what debts will be subject to discharge.

Any duly perfected lien will not be discharged, or...
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1 Answer | Asked in Contracts for Delaware on
Q: Do i trust a job offer contract fora company who does not have a website or really anything other than a facebook?

I have the contract I would love to get someone to look it over.

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

The question regards a contract for employment. Was the contract received following an interview? Does the company sell goods or provide services? Is the employment offer for a job for which you applied? Does the Better Business Bureau or the Chamber of Commerce recognize? How long has the... Read more »

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