Questions Answered by Timothy Denison
Q: In ky, can a CR60.02 be filed solely on perjury. It's seems to me that what was inadmissible is now new evidence.
Yes. CR 60.02 allows a judgment to be challenged based on falsified evidence or other fraud affecting the proceedings.
Q: MY son in the Lexington Fayette County detention center, he has state charges and now informed have a federal hold
The state charges are completely separate and unrelated to the federal charges because the state and federal governments are separate sovereigns. Even if he was ordered released on the state charges, the federal hold will keep them from releasing him. There is no website for Federal charges or tracking federal cases. You can call the Federal District Court Clerks Office in Lexington and they can give you the details on the Federal case.
Q: Are my wife's debt payments included in my expenses if I'm the sole income and file individual Ch. 13 bankruptcy?
Yes. If you are paying them. You may want to consider her going to. Contact a local bankruptcy attorney to asses the situation for you.
Q: I'm behind on my mortgage payments due to being laid off. Will I lose my house if I file Chapter 7? Should I do a
Many factors affect the answer but it depends on how much equity you have in your house and how much you are behind.
Q: I noticed that it costs less to file a Chapter 13 bankruptcy in Maryland than a Chapter 7. I don't have a lot of money.
You need to have a job or other income to be able to repay at least a percentage of your debt to your creditors. Chapter 13 is generally used when you have property you might otherwise lose in a Chapter 7.
Q: Am I allowed to keep any of my property if I file a Chapter 7 bankruptcy in Washington State?
Yes. There are Federal and state exemptions for both real and personal property. You can keep all property that fits under one or more exemptions. Contact a local bankruptcy attorney who can evaluate this for you.
Q: Can you challenge the way a chemical test for a DUI was administered?
Yes. If it does not comport with the manufacturers instructions or the Kentucky Administrative Regulations, you may be able to have it excluded.
Q: Tie
Q: Is there any attorney that can help a low income disable family file for a chapter 7 bankruptcy
Check with your local bar association. They usually have a list of attorneys who will provide legal services to lower income families on a reduced fee or pro bono situation.
Q: If my mom was an heir on grandma will and mom passed away before grandma would I be entitled to Mom's part of the estate
Possibly. The language of the will would determine who inherits in that situation. If the will says per stripes, then your moms share would pass to you and your siblings, if any. If the will says per capita, then your mom’s share would be divided between her siblings and you and your siblings would not inherit your moms share. Have a local estate planning attorney look into it for you.
Q: I financed a Nissan Altima in 2016. The car was repossessed & sold in Nov of 2016 yet I am still paying car notes. Help?
Answered on May 17, 2018
It is probably legal, yes. You need to have a local lawyer look into this for you, but even though you returned the car, you are still liable for the deficiency balance owed after the car is sold and the proceeds applied. You might look into whether the car was sold for more or less than the statutory balance required at a sale. If it was sold for less, you might be able to attack the sale and Forde them to resolve it.
Q: If the father of my child doesn't show up to child support court what would happen? This is the first time.
Case could be continued or case could be heard and child support set on his income if known and your income or set on the needs of the child if his info is not available.
Q: if a 17 year old starts a fight with a 22 year old, could the 22 year old get in trouble for defending herself?
Yes. Always problematic when “victim” is a minor. Hire a good criminal defense attorney to represent and defend the 22 yo. Self defense is always a defense but you really need a lawyer to articulate it properly.
Q: I owe Alabama power over 4000 from the time I lived here I need to file bankruptcy to keep my power from beingdisconnect
You candischarge the debt in your bankruptcy but they will disconnect the power if it is not paid. Contact a local attorney in bankruptcy and she what Chapter you need to file under. He may be able to work it out.
Q: How long does it take to court order a spouse out of the house with both names on the deed during a divorce
The court can order a person out of a house at any time but the property will remain in the name and ownership of both parties until the parties reach an agreement or a trial is held and the Court decides what will happen to the property.
Q: I was involved in a car accident today. I was at a stop light and was rear ended, decent amount of damage and no injure
No. You are entitled to payment for the damages to your vehicle but if there were no injuries, there is no claim. You may not recover for your wife’s anxiety because you were not there.
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