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Questions Answered by Timothy Denison
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 Family Law for Kentucky on
Q: My partner bought her daughter, my step daughter, a vape pen. She is only 15 years old. We live in KY. Is this illegal?

I found out from my step daughter that her mother, my partner, bought her a nicotine vape pen. She said she was curious and just asked, and she said ok. For multiple reasons, I have decided to leave the relationship. Personally I am torn on whether or not to report it. I love my child as if they... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2023

Technically, it is not illegal but I agree it is a poor practice. You are under no obligation to report anything to anyone. If you are leaving the relationship, I would not report it. Looks retaliatory. If this kind of conduct continues, it will come out in the wash anyway.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Will debt follow you overseas?

I retired in poor health and my wife and I moved overseas leaving behind 133k in consumer debt we can never pay back regretfully. All I have is my small government pension (Fers) and my wife has no income at all. I know the debt collectors are preparing to sue us based on our mail we get from the... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2023

Stay out snd don’t do anything until and unless someone finds you and serves you, which most likely will never happen. If it does, then you may want to come home and file bankruptcy bc most of your assets listed appear to be exempt.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Husband filed bankruptcy and included our home mortgage in it. I was awarded house. What can he do to remove it

Husband filed bankruptcy right before our divorce and included our home mortgage in it. I was awarded house in divorce. He has to remove the home mortgage from his bankruptcy so I can refinance the home in my name. U.S. Bankruptcy court processed it for release. Mortgage company still says it... View More

Timothy Denison
Timothy Denison
answered on Oct 4, 2023

If the bankruptcy court has ordered the release and abandoned any interest in it, you should be able to present that paperwork to the mortgage company. If they won’t accept it, you need to find a new mortgage company.

1 Answer | Asked in Family Law for Kentucky on
Q: My sister had my mother add her and her husband on the deed to my mothers home. My father passed away several years ago.

Is there anything legally I can do if or when she passes away? Thanks

Timothy Denison
Timothy Denison
answered on Sep 4, 2023

You need to do it now. If your mother is disabled or unduly influenced, you need to challenge it while she is still alive. If she made the decision to add the husband of her own free will, then there’s not much you can do.

2 Answers | Asked in Civil Litigation for Kentucky on
Q: Kentucky. In federal court. Do damages of over $75,000 have to be claimed if the complaint is not a diversity question?

If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

1 Answer | Asked in Adoption for Kentucky on
Q: How do I find out if my name has been forged on adoption paperwork for my child? And how do I go about doing something?

My mother has already had a similar case on her. And my brother and sister in law said she tried to get them to sign my name.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

You’ll have to petition the court in which the adoption was granted to open it up so you can see the records.

1 Answer | Asked in Contracts and Family Law for Kentucky on
Q: If you sign an admission to a hospital for someone using Power of Attorney, do you become personally liable for billing

I am providing POA for one of my children. I am concerned that if I am unable to sign myself into the hospital during an emergency and they sign me in as my POA and I die, will they be liable for any of my expenses instead of my estate

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

No. You will remain the liable party regardless if you signor they dign as POA

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

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