Questions Answered by Theodore Allan Greene
Q: I inherited about $100K from my great uncle when he passed away. My parents have always controlled the money.
Theodore Allan Greene's answer
Mr. Light's answer is a good one. Just because you "inherited" the money doesn't mean you just get it at age 18. Quite often people will put restrictions into a will telling the guardian of the money how they want it spent. In your case they could have said to "only use the money for your education needs... otherwise you can use it for..." It was up to your great uncle in how the will was written since it was his money being given away. A review of the will would tell you everything... but...
Mr. Light's answer is a good one. Just because you "inherited" the money doesn't mean you just get it at age 18. Quite often people will put restrictions into a will telling the guardian of the money how they want it spent. In your case they could have said to "only use the money for your education needs... otherwise you can use it for..." It was up to your great uncle in how the will was written since it was his money being given away. A review of the will would tell you everything... but...
Q: does releasing uninsured motorist destroy right to claim under my umi policy
Theodore Allan Greene's answer
It's difficult to understand your question. What / why are you "releasing uninsured motorist"? I would strongly urge you to get an attorney well versed in personal injury matters (assuming you were injured) because you could do something to jeopardize your case. And the insurance companies love it when someone is NOT represented and they can get away with as little as possible. It's their job to do that.... Good luck to you
It's difficult to understand your question. What / why are you "releasing uninsured motorist"? I would strongly urge you to get an attorney well versed in personal injury matters (assuming you were injured) because you could do something to jeopardize your case. And the insurance companies love it when someone is NOT represented and they can get away with as little as possible. It's their job to do that.... Good luck to you
Q: Can I keep my medical records private from defendant?
Theodore Allan Greene's answer
You should talk to your lawyer since Colorado law applies. If you don't have a lawyer you should seriously consider getting one. Statistics show personal injury plaintiffs net more money after the attorneys fees. This is because the insurance carriers will do everything they can to pay you as little as possible. Attorneys even the playing field... Good luck to you..
You should talk to your lawyer since Colorado law applies. If you don't have a lawyer you should seriously consider getting one. Statistics show personal injury plaintiffs net more money after the attorneys fees. This is because the insurance carriers will do everything they can to pay you as little as possible. Attorneys even the playing field... Good luck to you..
Q: I was hit by a drunk driver but I did not have insurance, do I have any rights to sue the guy that hit me?
Theodore Allan Greene's answer
You can sue him but the penalty for you not having insurance is that you are not allowed pain and suffering damages. You can get your car damage, medical bills and any other hard cost expenses like wage loss, etc.. You can sue him in small claims court.
You can sue him but the penalty for you not having insurance is that you are not allowed pain and suffering damages. You can get your car damage, medical bills and any other hard cost expenses like wage loss, etc.. You can sue him in small claims court.
Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed
6 Answers
| Asked
in
Bankruptcy and Appeals / Appellate Law
for
California
on
Answered on Apr 6, 2019
Answered on Apr 6, 2019
Theodore Allan Greene's answer
Your question requires some research depending on the unique facts but a simple answer is yes. You should absolutely hire an attorney to help guide you moving forward.
Your question requires some research depending on the unique facts but a simple answer is yes. You should absolutely hire an attorney to help guide you moving forward.
Q: i am being sued as an employee by a customer who had a trip and fall accident in a store i managed in california.
Theodore Allan Greene's answer
Your employer should handle helping you with a defense and getting you out of the action unless you did something out of the ordinary. It's impossible for us to analyze your situation without a lot more information. Normally a slip and fall doesn't involve an employee so your question is a little out of the ordinary. Make sure your employer's insurance is on top of it for you.
Your employer should handle helping you with a defense and getting you out of the action unless you did something out of the ordinary. It's impossible for us to analyze your situation without a lot more information. Normally a slip and fall doesn't involve an employee so your question is a little out of the ordinary. Make sure your employer's insurance is on top of it for you.
Q: My husband is missing. How can I get permission to sell our home without his signature?
Theodore Allan Greene's answer
Do you have equity? Do you have any chance of finding your husband? You have some time until they start foreclosure so I would not panic yet. Once you stop making your mortgage payment they usually don't start the foreclosure process for at least 4 months. Then, assuming they start in 4 months, you have another 90 days before they can schedule a foreclosure sale at least 21 days later. So you should have around 7 months and 3 weeks. Do you have a lot of other debt like credit cards? Because if...
Do you have equity? Do you have any chance of finding your husband? You have some time until they start foreclosure so I would not panic yet. Once you stop making your mortgage payment they usually don't start the foreclosure process for at least 4 months. Then, assuming they start in 4 months, you have another 90 days before they can schedule a foreclosure sale at least 21 days later. So you should have around 7 months and 3 weeks. Do you have a lot of other debt like credit cards? Because if...
Q: Can a store manager be personally sued do to a slip and fall accident in the store he manages?
Theodore Allan Greene's answer
I suppose there could be some far out fact pattern that could implicate an individual working for a company but in most instances the employer (store here) is responsible for the acts of their employees.
I suppose there could be some far out fact pattern that could implicate an individual working for a company but in most instances the employer (store here) is responsible for the acts of their employees.
Q: Bicycle accident premises shopping development; 4-inch drop on cement pathway where elsewhere similar pathways none
Theodore Allan Greene's answer
Find a lawyer right away who will give you a free consultation. Also.. as a previous answer suggested.. take pictures with a ruler clearly showing the 4" drop. Good luck
Find a lawyer right away who will give you a free consultation. Also.. as a previous answer suggested.. take pictures with a ruler clearly showing the 4" drop. Good luck
Q: What happens if you dont have insurance and are at fault for an auto accident?
3 Answers
| Asked
in
Car Accidents, Insurance Defense and Personal Injury
for
California
on
Answered on Feb 24, 2019
Answered on Feb 24, 2019
Theodore Allan Greene's answer
If she was at fault like you say then you really need to find out how much damage was done to the other car and find out if anyone was hurt. That will determine her financial liability. The fact that the other party got an attorney means the other person most likely was injured. If the other party did not have insurance then it limits what they can go after your niece for. If the above is more than she can reasonably pay then she should consider filing Bankruptcy.. But wait until you have clear...
If she was at fault like you say then you really need to find out how much damage was done to the other car and find out if anyone was hurt. That will determine her financial liability. The fact that the other party got an attorney means the other person most likely was injured. If the other party did not have insurance then it limits what they can go after your niece for. If the above is more than she can reasonably pay then she should consider filing Bankruptcy.. But wait until you have clear...
Q: How low an income do you have to have to file for Chapter 7?
Theodore Allan Greene's answer
There are a few different options when filing for a personal bankruptcy. As Mr. Holland states you should sit down with an experienced bankruptcy attorney and go over your options in detail. It's impossible to give you an help with just a simple question/answer.
There are a few different options when filing for a personal bankruptcy. As Mr. Holland states you should sit down with an experienced bankruptcy attorney and go over your options in detail. It's impossible to give you an help with just a simple question/answer.
Q: How can I sue Apple for deceptive laptop diagnostic?
3 Answers
| Asked
in
Consumer Law, Personal Injury, Products Liability and Business Law
for
California
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
Theodore Allan Greene's answer
Most lawyers would be happy to sue Apple for you. I think $10,000 would be a starting retainer. Apple will probably fight fairly aggressively to send a message that you can't sue us because we are larger than some small countries. After the first round of discovery you should probably expect to put in another $10,000 into your attorneys account. My billing rate is $350/hr so $10k doesn't last long. You might get it settled by the time the second 10k was exhausted... so let's recap... you spend...
Most lawyers would be happy to sue Apple for you. I think $10,000 would be a starting retainer. Apple will probably fight fairly aggressively to send a message that you can't sue us because we are larger than some small countries. After the first round of discovery you should probably expect to put in another $10,000 into your attorneys account. My billing rate is $350/hr so $10k doesn't last long. You might get it settled by the time the second 10k was exhausted... so let's recap... you spend...
Q: Should I lower my ownership interest in a condo from 30 to 1 percent if I might go bankrupt? Will creditors catch that?
Theodore Allan Greene's answer
You should consult with a local bankruptcy attorney to find out your options. Transferring ownership the way you propose is not recommended but you still might be able to protect your asset. A more detailed analysis is required and that is why you should contact someone who and evaluate your WHOLE situation.
You should consult with a local bankruptcy attorney to find out your options. Transferring ownership the way you propose is not recommended but you still might be able to protect your asset. A more detailed analysis is required and that is why you should contact someone who and evaluate your WHOLE situation.
Q: My commercial tenant filed Chapter 11 bankruptcy. Do they have to serve us notice?
Theodore Allan Greene's answer
You should be listed as a creditor and receive communication through the mail regarding the bankruptcy. It should be very easy to find out "where" the bankruptcy was filed. You should contact a local (to you) bankruptcy attorney and they should be able to figure it out.
You should be listed as a creditor and receive communication through the mail regarding the bankruptcy. It should be very easy to find out "where" the bankruptcy was filed. You should contact a local (to you) bankruptcy attorney and they should be able to figure it out.
Q: I want to file for bankruptcy? Can I get help with the fees since I’m low income? How to get a pro bono service help
Theodore Allan Greene's answer
It would be very hard to get pro bono help but there are some good options - for example if you are elderly there are volunteer clinics in some areas that can help. You can possibly get a waiver on the court filing fees or pay them in installments and some attorneys (like us) will let you make payments in installments and then when you have fully paid then we file. good luck
It would be very hard to get pro bono help but there are some good options - for example if you are elderly there are volunteer clinics in some areas that can help. You can possibly get a waiver on the court filing fees or pay them in installments and some attorneys (like us) will let you make payments in installments and then when you have fully paid then we file. good luck
Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?
Theodore Allan Greene's answer
I have never heard of that term. You should consult with a bankruptcy attorney to know for sure.
I have never heard of that term. You should consult with a bankruptcy attorney to know for sure.
Q: If we're already in foreclosure can we file for bankruptcy?
Theodore Allan Greene's answer
Yes you can file for bankruptcy. There are many options available to you when you are in foreclosure and bankruptcy is probably the most used. Sometimes you can file a lawsuit if the bank is not treating you fairly. The banks have been very dysfunctional during the whole housing crash and we have seen things you would never expect from a major bank but it happens. The most important thing for you to do is DOCUMENT everything with good proof. Always ask the bank to put discussions in writing and...
Yes you can file for bankruptcy. There are many options available to you when you are in foreclosure and bankruptcy is probably the most used. Sometimes you can file a lawsuit if the bank is not treating you fairly. The banks have been very dysfunctional during the whole housing crash and we have seen things you would never expect from a major bank but it happens. The most important thing for you to do is DOCUMENT everything with good proof. Always ask the bank to put discussions in writing and...
Q: On the highway a motorcycle in front of me wiped out
Theodore Allan Greene's answer
It's very hard to analyze your situation from the brief facts you present. Technically you are always suppose to drive at a speed that is safe for the conditions and even if someone stops for no reason in front of you then you should be able to stop in time based on your speed. Its hard to tell from your question exactly what happened. You might sit down for a consultation with an attorney but most likely the better route would be to submit it to your own insurance company and they will work it...
It's very hard to analyze your situation from the brief facts you present. Technically you are always suppose to drive at a speed that is safe for the conditions and even if someone stops for no reason in front of you then you should be able to stop in time based on your speed. Its hard to tell from your question exactly what happened. You might sit down for a consultation with an attorney but most likely the better route would be to submit it to your own insurance company and they will work it...
Q: How do people pay for bankruptcy attorneys if they're already in so much debt?
Theodore Allan Greene's answer
Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned. They can't give legal advice and do NOT go to court with you. I have seen some poor folks in court about to lose the equity in their house because they used a document preparer who was no where to be...
Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned. They can't give legal advice and do NOT go to court with you. I have seen some poor folks in court about to lose the equity in their house because they used a document preparer who was no where to be...
Q: What options does one have for debt and credit relief before bankruptcy? Or is it an option worth pursuing?
Theodore Allan Greene's answer
Be very careful of "debt settlement" advertisements. Some are okay but most are not. You could do better yourself with some research. Or you could engage a bankruptcy attorney to attempt a debt settlement and if it doesn't work you move right into a bankruptcy petition. Just know that you MUST have some upfront money to settle debts. They will take less but almost never will they agree to a payment plan so you must have liquid cash ready. In their minds you have already proven you can't make...
Be very careful of "debt settlement" advertisements. Some are okay but most are not. You could do better yourself with some research. Or you could engage a bankruptcy attorney to attempt a debt settlement and if it doesn't work you move right into a bankruptcy petition. Just know that you MUST have some upfront money to settle debts. They will take less but almost never will they agree to a payment plan so you must have liquid cash ready. In their minds you have already proven you can't make...
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