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Questions Answered by Theodore Allan Greene

4 Answers | Asked in Bankruptcy for California on

Q: If I’m late on a car title payment in California does the account go through any kind of review process before repossess

Theodore Allan Greene answered on May 1, 2019

You be perfectly clear on what they can and can't do - you should read the contract you signed with them. There should be a section spelling out what rights they have if you miss a payment. Whether they follow it exactly or not is up to them. So if it has a grace period of say 5 days it doesn't... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: Can an emergency chapter 7 protect my car from repossession. I’m late on a payment with another looming. How fast can ac

Theodore Allan Greene answered on May 1, 2019

It can buy you a little time but doesn't solve the problem. You still need to make your payments and be able to continue making them on time. You should sit down with a bankruptcy attorney immediately to discuss your options.

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4 Answers | Asked in Medical Malpractice for California on

Q: 1st workers comp Dr never set my broken finger and I saw him twice for a total of 3 minutes. After a month I saw 2nd Dr

The 2nd Dr has to break and reset my knuckle and finger because it healed in the wrong position. Do I have a malpractice case against the 1st Dr

Theodore Allan Greene answered on Apr 26, 2019

The previous answer is exactly right in my opinion. You should contact a few medical malpractice attorneys and see if anyone would be willing to help you.

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3 Answers | Asked in Estate Planning and Probate for California on

Q: I inherited about $100K from my great uncle when he passed away. My parents have always controlled the money.

My great uncle passed away when I was 7 and left me an inheritance. My parents have always controlled the money, telling me that it was "money for college". They spent $10K of it on a year of a private middle school they sent me to when I was 12-13. They spent the remainder on three years of my... Read more »

Theodore Allan Greene answered on Apr 22, 2019

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... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on

Q: does releasing uninsured motorist destroy right to claim under my umi policy

Theodore Allan Greene answered on Apr 12, 2019

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... Read more »

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4 Answers | Asked in Personal Injury for California on

Q: Can I keep my medical records private from defendant?

I am the plaintiff in a personal injury case. The insurance adjuster has asked for my medical records, which I will be giving them. However, I was wondering if there is any way to keep the individual defendant in this case from seeing/accessing these records? I believe this individual could be a... Read more »

Theodore Allan Greene answered on Apr 10, 2019

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... Read more »

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6 Answers | Asked in Civil Litigation and Personal Injury for California on

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?

I have the police report and he was found to be at fault. He has no insurance and no license and was on probation for two prior dui convictions.

Theodore Allan Greene answered on Apr 7, 2019

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.

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6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on

Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

Theodore Allan Greene answered on Apr 6, 2019

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.

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4 Answers | Asked in Personal Injury for California on

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.

I understand the store bears the liability here and I should not be sued. are there grounds to counter sue.

Theodore Allan Greene answered on Apr 3, 2019

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... Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for California on

Q: My husband is missing. How can I get permission to sell our home without his signature?

He has been missing for over a month and I can’t afford our mortgage. I can’t sell or modify the loan without his signature. Do I have a choice other than to foreclose?

Theodore Allan Greene answered on Mar 12, 2019

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... Read more »

5 Answers | Asked in Personal Injury for California on

Q: Can a store manager be personally sued do to a slip and fall accident in the store he manages?

Theodore Allan Greene answered on Mar 10, 2019

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.

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4 Answers | Asked in Personal Injury for California on

Q: Bicycle accident premises shopping development; 4-inch drop on cement pathway where elsewhere similar pathways none

Sustained fractured ribs, concussion, etc.

Liability owed patrons of center?

Theodore Allan Greene answered on Mar 6, 2019

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

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on

Q: What happens if you dont have insurance and are at fault for an auto accident?

My 18 yr old niece got in an Accident and was found at fault. She had no insurance and no DL at the time. she took no photos and cant rember the Accident because she lost consciousness and suffered a concution, one of the other drivers also did not have insurance and got an lawer and she recived a... Read more »

Theodore Allan Greene answered on Feb 24, 2019

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... Read more »

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7 Answers | Asked in Bankruptcy for California on

Q: How low an income do you have to have to file for Chapter 7?

Theodore Allan Greene answered on Dec 7, 2018

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.

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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for California on

Q: How can I sue Apple for deceptive laptop diagnostic?

I was wondering if your firm is open this case. I recently purchased a Macbook pro and it was damaged on arrival. I took it back to the store and the genius bar said that it was water damaged therefor they cannot exchange or return it for me. I was really frustrated because this is a brand new... Read more »

Theodore Allan Greene answered on Nov 27, 2018

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... Read more »

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on

Q: Should I lower my ownership interest in a condo from 30 to 1 percent if I might go bankrupt? Will creditors catch that?

My parents are scared I might go bankrupt in a couple years. I own 30% of a condo worth 75 grand and have credit card debt of 55 grand. They want me to take my name off the deed in which they own the other 70% and have a side agreement with them. Should I agree to take my name off the deed or lower... Read more »

Theodore Allan Greene answered on Nov 24, 2018

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... Read more »

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on

Q: My commercial tenant filed Chapter 11 bankruptcy. Do they have to serve us notice?

I was informed by email that Chapter 11 had been filed by our commercial tenant, but they failed to give us any details as to where it was filed. Are they required to officially serve us? I want to get an attorney but don't know what jurisdiction.

Theodore Allan Greene answered on Nov 19, 2018

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.

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5 Answers | Asked in Bankruptcy and Civil Litigation for California on

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 answered on Nov 13, 2018

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... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?

I have heard that I may be able to keep my car even though it's worth $2000 more than the $3530 exemption by using the silent exemption but I have no idea what it is and how to use it.

Theodore Allan Greene answered on Nov 5, 2018

I have never heard of that term. You should consult with a bankruptcy attorney to know for sure.

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4 Answers | Asked in Bankruptcy for California on

Q: If we're already in foreclosure can we file for bankruptcy?

Theodore Allan Greene answered on Oct 31, 2018

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... Read more »

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