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Questions Answered by Mr. Andrew T. Bodoh
1 Answer | Asked in Bankruptcy for Virginia on
Q: Will the bankruptcy trustee approve my request to purchase a home if the new paymentt is $200 more than my current rent?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 2, 2011

This depends on several circumstances. In a Chapter 13 bankruptcy the trustee is likely going to want to make sure that you can make the monthly payments and that the creditors are not being deprived of assets they would be entitled to. If the creditors are being paid in full through the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you write a habeas corpus for a friend
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 2, 2011

Draftin a document to be filed for someone else could be construed as the unauthorized (i.e. unlicensed) practice of law.

1 Answer | Asked in Car Accidents for Virginia on
Q: I have been sued and need to prepare a response in 21 days should I consult a lawyer
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jun 2, 2011

Yes, you should consult a lawyer. While it is possible to handle a case on your own, it sounds like you are being sued in Circuit Court, in which case there is probably a good bit of money on the line. A lawyer can help you get the best out of the situation.

1 Answer | Asked in Family Law for Virginia on
Q: My sons father was convicted of child molestation when he was 16 and is now 20 can i bring this up in custody battle?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 18, 2011

One is likely able to bring up a past conviction for child molestation, and almost certainly should, but the weight the court will give to the conviction will depend on various circumstances.

1 Answer | Asked in Bankruptcy for Virginia on
Q: Wife owned home prior to marrige. No longer able to pay am I responsible or required to pay the debt can't sell or refi
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 18, 2011

If one's spouse is the only person that signed the loan agreement, and it was prior to marriage, and there has been no new agreement and no transfer of the title to joint ownership, then generally one would not be liable to pay the balance due, but the creditor will probably be able to... View More

1 Answer | Asked in Bankruptcy for Virginia on
Q: Is Bankruptcy my only option?

I am in unsecured debt for about $34, and just lost my job. I am in a debt management plan now and will not be able to make that high payment. They will not work with me. Is bankruptcy my only answer?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 18, 2011

This depends on a number of factors, such as if the creditors are willing to work the debtor, what the prospects of getting a job in the near future are, etc. There is also the question of whether one qualifies for bankruptcy. Because one part of the test looks at your income over the last six... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Do i need a lawyer for a class 3 misdeameanor
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 2, 2011

A class 3 misdemeanor carries with it a maximum penalty of $500, and it will be a permanent part of your record. Having a lawyer on your side is always good idea. Without knowing specifics, it is impossible how a lawyer might help you specifically, but a lawyer should help you get the best out of... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I am 20 years old and was caught drinking in public. Should I have an attorney present when I appear in court?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 26, 2011

It is always good to have an attorney present before you go into courtroom. They have the training to help make the best of the situation, even perhaps having the matter dropped or a favorable plea agreement worked out by the time you appear in front of the judge. Remember, the attorney on the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a code 18.2-427 this is my first offense will i get jail time or just a fine
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 26, 2011

This depends largely on the circumstances and the gravity of the alleged act. You should certain consider consulting a lawyer in person.

1 Answer | Asked in Criminal Law for Virginia on
Q: Are the police allowed to go through my Blackberry without a warrant?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 25, 2011

There are some circustances in which the police can go through a Blackberry without a warrant, such as if one gave them permission, but the real question often is what can one do if the police have done so. One might be able to keep any evidence they discovered out of the courts through a motion... View More

1 Answer | Asked in Family Law for Virginia on
Q: If a person marries, divorces, then remarries, is it legal for them to take their previous married name back?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 25, 2011

Though the name change often happens in conjunction with a marriage, there are very few limits on what one can and cannot do with respect to changing their name (or keeping a name they legally have now).

1 Answer | Asked in Criminal Law for Virginia on
Q: Hey what am I facing on182.-248
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 25, 2011

This depends on what the substance was, how much one had, and several other factors.

1 Answer | Asked in Business Law for Virginia on
Q: Is any officer of a purged corporation liable for corporation's debts IN VA
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Apr 25, 2011

This depends in part on when the obligation was entered into (before or after the corporation was purged) and what sort of debts they are. Some debts, particularly obligations to pay certain taxes, can bind officers of a corporation. Also, if the corporation was purged and did not exist at the... View More

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am considering taking a loan from my 401k but plan on filing bankruptcy within the next 30 days. Is this a bad idea?

It is due to my partner being out on FMLA leave and without that income being unable to pay our rent and car payments etc.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Mar 18, 2011

This depends on the circumstances, such as whether you are looking at chapter 13 or chapter 7 bankruptcy, what you intend to do with regard to the car through the bankruptcy, etc. Generally speaking, though, 401K loans are not treated as true loans in bankruptcy, so you will have to repay it... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I WAS SHOT AT POINT BLANK RANGE THEN THE GUNMAN SHOT MY 15YR OLD DAUGHTER WHAT CAN HE BE CHARGED WITH
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Mar 14, 2011

Depending on the circumstances and the extent of the injuries, the person could be charged with anything from battery to attempted murder, but that will be largely up to the Commonwealth Attorney after the police investigate the matter. There is a very good change one could also sue the culprit in... View More

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: My neighbor just bought a pot bellied pig, is ther a law about having a farm when owning a pig?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Mar 2, 2011

Depending on where you live, there may be a county or city ordinance that covers the matter. Sometimes these ordinances are available online, if you wish to research the issue yourself.

1 Answer | Asked in Criminal Law for Virginia on
Q: 4 a search on a home 4 simple pot is it allowed that they use a flash bomb & kick in both doors? dont they hav 2 knock?!
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 25, 2011

Normally, officers do have to knock and announce their presence before entering a private facilities to execute a search warrant. There are exceptions, though, such as if the officers "reasonably believe" that doing so would be dangerous or futile, or that the evidence would be... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: Can an officer issue me a traffic ticket for following to closely after an accident, if they didn't witness the accident
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 23, 2011

Yes, the officer can, based on the information he or she collects after the accident, but one can try to defend oneself and make the office prove what happened at the hearing for the ticket.

1 Answer | Asked in Collections for Virginia on
Q: I have received warrant in debt (Civil Claim for Money) from Suffolk VA. General District Court for credit card debt.

The warrant in debt states I do not have to show up; however, judgement may be entered against me. I cannot afford to repay this debt at this time. What are my options without jail time?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 23, 2011

You are not facing jail time. A warrant in debt is a civil claim--a lawsuit--not a criminal action. Credit card companies use it to protect their claims to recieve money from you, and it then allows them to take other actions, like placing a lein on your property or garnishing your wages or etc.,... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Is there a statute of limitations on how much time can pass before you can charge someone with theft:

It's been a little over 2 years since the incident happened. The company claims they can still charge the individual though. Is this true?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 21, 2011

In Virginia, the statute of limitations for theft crimes, if any, is generally 5 years.

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