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Questions Answered by Timothy Denison
1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Dcbs question about our child

Me and my girl has dcbs involved over my depression mistake..if we make it to were she has 100% custody of our daughter what will dcbs do/ can do to me if I'm not in household no more???

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

Most likely even if you do give her 100% custody, they will still require you to complete their regimen before you can have contact with the child. You probably should hire the best family court lawyer you can and deal with it head on once and for all rather than giving her custody and hoping it... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Custody, family

I am 16 years old, i was taken away from my mom and dad 5 years ago at 11 for substance issues and more. My parents failed to get sober in the amount of time to get me back, therfore my grandma got custody of me. I am scared of her, uncomfortable around her, overall uncomfortable in my own life. I... View More

Timothy Denison
Timothy Denison
answered on Sep 25, 2024

Probably your best course of action is to have dad file a motion for return of custody to him in the case where grandma was given temporary custody. That will get you before the court at which point you can ask to speak to the judge directly and tell him/her what your wishes are regarding custody.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad died 12/06/23, he lived in Allen County, KY, and had no will.

Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.

4 Answers | Asked in Bankruptcy for Kentucky on
Q: I am considering a chapter 7 bankruptcy. Do i stop personal loan pymnt thru my bank or loan co? Do i tell my loan co?

I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?

Timothy Denison
Timothy Denison
answered on May 31, 2024

Don’t tell any creditor anything. Once you file, the deduction(s) will be automatically terminated. You don’t need to do anything. Consult your bankruptcy lawyer for a more detailed explanation of the automatic stay and termination of automatic withdrawals.

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2 Answers | Asked in Bankruptcy, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More

Timothy Denison
Timothy Denison
answered on May 18, 2024

You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.

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1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Built fence in Bullit Co. I live in Oldham Co ky. Was served civil summons for Bullit co. Can I dismiss for jurisdiction

my husband built a fence for someone he’s a handyman in another county. He should be served in his county since he’s not acting as a business correct? Can file a motion to dismiss due to lack of jurisdiction?

Timothy Denison
Timothy Denison
answered on May 15, 2024

You can file the motion to dismiss but likely Bullitt is a proper venue as the work was performed there and at least some of the evidence is there. Most likely will be heard in Bullitt County rather than Oldham.

2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

Timothy Denison
Timothy Denison
answered on May 15, 2024

Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.

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2 Answers | Asked in Bankruptcy and Contracts for Georgia on
Q: Ex-husband filed chapter 7 in 2019, but I just found he added me as a creditor and said he didn't know where I lived.

I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.

Timothy Denison
Timothy Denison
answered on Apr 20, 2024

It sounds like you are a creditor bc of the unpaid agreement but that should not affect you getting paid bc domestic and other support obligations are non-dischargeable. You might, however, want to report his fraud regarding where you lived to the US Trustee handling his case.

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1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

2 Answers | Asked in Contracts for Kentucky on
Q: Can a defendant's attorney feign ignorance to a fact known by them?

I entered into a contract which i believe was breached. Even though I submitted a copy of the contract with the Complaint the defendant's attorney still makes statements like "the purported" contract.

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

No, but simply bc th ou think he is feigning ignorance bc you believe the contract has been breached doesn’t mean it actually has been breached. He’s getting a different story from his client most likely. The language he used is appropriate.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: What is standard arrangement of custody for two parents in different states with special needs child.

My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get... View More

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are... View More

1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Appeals / Appellate Law for Kentucky on
Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?

I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: KY divorce. Judge entered Findings of Fact / property division on November 3. I want to appeal. By when do I need to fil

file the intent to appeal? By Dec 3? Or by 30 days after the final judgement order which will be in January? Looking for a lawyer currently.

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You have to appeal within thirty days of the date of entry of the order. If it was entered November 3, your notice of appeal would be due December3. December 3 is a Sunday, so by rule you would have until Monday, December 4, within which to file your notice.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Kentucky on
Q: Can ky dcbs remove my child without a warrant or judge signing and refuse to let me see her

Dcbs removed my child without warrant or judge signing I haven't seen her in 4 months they won't let me they placed her were she got sexually abused at

Timothy Denison
Timothy Denison
answered on Dec 20, 2024

No. Only the police can remove a child if there is a clear and present danger to the child.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was charged with trafficking drugs even though I didn't have anything on me but was in the car with someone who did.

They were the actual owner of the vehicle and the officer witnessed the drugs on their lap and told them to hand the drugs over to them now and they did but we both were charged with trafficking drugs and of the Arrest repot the officer said on both of our arrest reports that we both were in the... View More

Timothy Denison
Timothy Denison
answered on Dec 20, 2024

Hire the best criminal defense attorney you can find.

2 Answers | Asked in Civil Rights for Kentucky on
Q: To what type of attorney do I look to , to sue the state of Kentucky for rights being violated ?

My children were taken for the wrong reasons, and my case was over turned by the supreme courts here in bowling green Kentucky. My children whom spent 4 years in foster care only to be returned back to me. I want to sue the state for my children. My oldest is about to turn 18 and she has suffered... View More

Timothy Denison
Timothy Denison
answered on Dec 20, 2024

Civil rights attorney.

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3 Answers | Asked in Bankruptcy for Alabama on
Q: I refinanced my car in April 23. Capital one never recorded a lien on my vehicle. Is that still secured debt in ch 13?

I filed the bankruptcy in sept of 24.

Timothy Denison
Timothy Denison
answered on Dec 19, 2024

Not if they didn’t perfect it but it could still have the original lien still on it. You should probably check with your county clerk and find out.

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2 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Collections for Montana on
Q: Confused by "Notice of Execution to Judgement Debtor" letter

I have a judgement against me for a $4400 medical debt. My pay stub from 1 week ago confirms that almost $300 was garnished for my creditor. Today I received the Notice of Execution to Judgement Debtor. It says they may levy more than once during the writ and some items are exempt. It lists items... View More

Timothy Denison
Timothy Denison
answered on Dec 18, 2024

You should be prepared for them to try and get what you do have. If they seize anything that is exempt under the exemptions as set out in the Notice, you should immediately file an objection with the Court. Otherwise, it appears you are pretty judgment proof.

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