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Questions Answered by Timothy Denison
1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Does the law enforcement decide if the abuser of domestic violence goes to jail? Or are there certain protocol and laws.

My ex boyfriend tried to kill me few weeks ago. As he stated he was going to before beating me with a rock and other objects. Law was notified when I came to, and they took pictures and everything. My question is why was he not arrested? I've filed for charges. They have not started... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Generally, law enforcement makes the decision and the abuser is arrested. You may want to get some investigative reporters and make this known. You may also want to go to your county attorneys office and take a criminal complaint against him. If you are living with him, get out of there and to a... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no

Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing... View More

Timothy Denison
Timothy Denison
answered on Jul 16, 2023

Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Newly divorced, owe 140k in joint irs If i file a chapter 7 per the code only be responsible for the last 2 years tax
Timothy Denison
Timothy Denison
answered on Jul 8, 2023

No. You will Not be able to discharge the last three three years tax obligations prior to filing (ie file today, 2022, 2021 and 2020 tax obligations non dischargeable). The rest should be dischargeable if the returns that year were timely filed or more than three years has flowed since the filing... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: When should an attorney file violation of the automatic stay? We disagree on intention of Code 362 and I'm no expert.

I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More

Timothy Denison
Timothy Denison
answered on Jun 20, 2023

Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More

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1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

Wife filed a DVO four months ago.

And decided to tell me she wants me back home and doesn’t want to divorce. We have a newborn together as well. She brought me home recently in the hopes it would be amended.

Turns out judge said no.

Can there ever be a random search for... View More

Timothy Denison
Timothy Denison
answered on May 1, 2023

You are violating the DVO by returning home before it is amended. If anyone reports it or if the police are called and find you there, you will likely be arrested and charged with violating the dvo. You should go somewhere else to stay, hire a lawyer to get the dvo amended, and not have any... View More

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: What to do when a home marketed as one size turns out to be 500 sq ft less and only known to buyer at closing?

Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... View More

2 Answers | Asked in Bankruptcy for Minnesota on
Q: Can my elderly parents look into assisted living facilities while waiting for their bankruptcy to be finalized?

Bankruptcy was filed in Nov 2022 and is still being reviewed. Both parents have significant health issues that will require them to seek alternative living situations in the near future but they are finding there is a shortage of appropriate housing options coupled with long waiting lists for... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

They can look into anything the wish but I would be careful signing anything without consulting their bankruptcy lawyer. If they are in a 7, they can proceed however they wish. If they are in a 13, they will need permission from the court before they sign or commit to taking any action.

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3 Answers | Asked in Car Accidents and Personal Injury for Kentucky on
Q: How do I change lawyers in a personal injury suit?

I was in an accident over a year ago and hired a lawyer the same day. However they haven't done anything at all for me including file any suit and I'd like to fire them and hire a different firm but I'm not sure how that works?

Timothy Denison
Timothy Denison
answered on Feb 16, 2023

Simply NOtify the first lawyer inWriting that you are terminating his services and ask him to send the file to the lawyer you are hiring.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: I filed Ch.7 bankruptcy. Can my co-owner legally come after me for not paying the mortgage?

I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... View More

Timothy Denison
Timothy Denison
answered on Jan 18, 2023

No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: What should I do my dog has been missing for almost a month I found a page of it rescue shelter that has her picture

But they say that it's not my dog when the lady sent me the paperwork to show me that the dog was a court dog she sent me a dog picture of a terrier so I let her know that the Chihuahua is who I'm talking about and then she said she doesn't have it but I clearly see the photo what... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

First, go to the shelter and make absolutely sure it is your dog. If so, take all the paperwork of proof of ownership to the shelter and show them. Pay any fees associated with her board while she’s been gone. If they won’t give you the dog, hire a lawyer and file suit.

2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My son is 15 and want to detention center til Monday. He took my car for a joyride. What will they do to him for this?

He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.

Timothy Denison
Timothy Denison
answered on Jan 6, 2023

Likely he will have to answer the charge of unauthorized use of a vehicle. He could be detained by the court, but likely will not be unless he has an extensive juvenile record beyond what you’ve detailed here.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.

All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... View More

Timothy Denison
Timothy Denison
answered on Jan 5, 2023

It is likely not exempt, although depending on the value, you may be able to protect it with your FLorida or federal exemptions. Consult an experienced bankruptcy lawyer to review your entire financial situation.

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1 Answer | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Washington on
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?

Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:

Is there anything in the law to prevent litigation used by one larger company (that can handle... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.

2 Answers | Asked in Bankruptcy for Virginia on
Q: I'm a 61yr. Old widow and have never filled bankruptcy. But I believe I'm going to have to. How much is it .

Can you make payments on this

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

You should consult a competent bankruptcy lawyer near you who can correctly analyze your financial situation and help you make the right decision. Costs roughly are probably $1500 to $2500, depending on the amount of work to be done.

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1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Kentucky on
Q: If I have a basketball goal sitting in our grass by the road and someone driving by hits it is it our fault?

When he hit it he diddnt stop at first and the goal was hooked to his van and when he dragged it he also hit our mailbox with it but now he is saying it's our fault for the goal being that close to road and he isn't paying for it

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

No. It is the drivers fault. Report it as a hit and run.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: Can I refuse a civilian animal control offer to come in my farm, if she is biased and friends with person who complains?
Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Yes, unless the ACO has a search warrant.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can I legally be taken to court by one who lied to hospital to get drug addict baby released to them?

She gave birth on cocaine,courts placed kids with us.She skipped all court.Years later taking me to court for custody.Failed to mention she and her mother lied to hospital saying kids lived with ME to get baby released.They both skipped court.Now I pay a lawyer for court she’s dragged me into as... View More

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Yes. She can take you to court if she is the mother of the children. Yes. It is legal. If her request is denied or determined frivolous, you could be awarded your attorney fees insured.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Kentucky on
Q: My mom died 2 yes agoand I lived with her took care of her till she passed and still living in the home my child hood

Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

180 days if other cases. You have to make a motion for a speedy trial in the case before the time starts to run.

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