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Questions Answered by Timothy Denison

1 Answer | Asked in Bankruptcy for North Carolina on

Q: Can a mortgage company buy a discharged unaffirmed mortgage and start reporting it to the credit bureaus?

We filed chapter 13 in 2010. Paid until 2015 and were discharged. Had a mortgage I never reaffirmed and continued paying on. In 2017 after 7 years from BK filing the mortgage showed closed on my credit report. Not long after that another mortgage company bought the mortgage and since have been... Read more »

Timothy Denison answered on Aug 14, 2019

Yes. If the debt was discharged and not reaffirmed, they are violating the stay by reporting it and may be liable for damages.

1 Answer | Asked in Probate for Kentucky on

Q: My mother in law's estate was settled and settlement papers were signed 9 months ago by all parties involved.

Our probate attorney has not filed the settlement with the courts yet and refuses to return calls or emails to either us or the other heirs attorney. What can we do to resolve this?

Timothy Denison answered on Aug 14, 2019

Schedule an appointment in his office to meet with him and the heirs and their attorney.

1 Answer | Asked in Contracts and Construction Law for Kentucky on

Q: We provided a Final Clean for a Large Dealership in Louisville KY. The GC has not paid in two months

We files a Demand Lrt, NOI and Mechanic Lien. They bonded off and we filed claim against the surety bond. Our bond was denied and I dont understand how it reads. The terms of the Bond define the obligations of the Surety. As such, the Bond states:

“…NOW, THEREFORE, if the above... Read more »

Timothy Denison answered on Aug 14, 2019

It appears to mean you have to go to mediation first, and then binding arbitration against the defaulting party prior to attempting to collect from the surety. In short, it looks like they are saying you have not exhausted all your remedies against the defaulting party prior to seeking... Read more »

1 Answer | Asked in Contracts for Kentucky on

Q: Bought a property from my uncle he made a contract saying everything on the property was included except a carport.

It’s been 7 months since we signed and he is yet to come get it. Do we legally own it now or do we have to give it to him?

Timothy Denison answered on Aug 14, 2019

If he wants it, it is his. If he doesn’t claim it, it belongs to you now.

1 Answer | Asked in Contracts and Landlord - Tenant for Kentucky on

Q: I live in Kentucky and or landlord we signed a year lease and now he has looked through our window. Central air unit

It freezes up on the inside and outside he also told us when my son moved out that he would give us 250back on dog deposit but has not and he charges $40 extra for water each person living here

Timothy Denison answered on Aug 14, 2019

What is your question?

1 Answer | Asked in Animal / Dog Law for Kentucky on

Q: I live in KY, and looking to buy a dog in MO. Is there any legal documents needed moving the dog out of state?

Timothy Denison answered on Aug 14, 2019

You should have a travel health certificate from a Mo vet certifying that he has had all of his shots up to date, including rabies, and you should be fine.

2 Answers | Asked in Bankruptcy for Florida on

Q: FL Chapter 13 Husband has debt no income can he file individually and use household (wife's) income?

Florida home husband holds mortgage does not have income. Wife has income and no debt but is on the deed. Can the husband file individual Chapter 13 using household (wife's) income? Or do we need to file Chapter 13 jointly?

Timothy Denison answered on Aug 14, 2019

No. He is not eligible without income. Consular a competent bankruptcy practitioner to review your complete financial situation.

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on

Q: My boyfriend got a letter in the mail from ford that they have a motion to release fund, what does this mean?

He has been being garnished for about 5 months now and we just got a letter in the mail saying the court has granted the plaintiffs (ford) the motion to release funds.

Timothy Denison answered on Aug 14, 2019

It means that the garnished funds are going be to released to the Plaintiff.

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1 Answer | Asked in Consumer Law for Kentucky on

Q: Can my husband and I sue terminix for falsely selling us an agreement and now saying we don't qualifying?

We have been living in a nightmare for the past year and a half. We purchased a plan from terminix on our home for termites. When the inspector came she told us we would be covered on everything from treatment and prevention to protection. That was the only reason we chose them. They offered a... Read more »

Timothy Denison answered on Aug 12, 2019

Sounds like you may have a consumer fraud claim. Have a consultation with a competent attorney who can guide you in the right direction.

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on

Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Timothy Denison answered on Aug 12, 2019

No.

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1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Kentucky on

Q: If someone hits a 16 year old and they are 30 years old. What could happen if the 16 year old presses charges.

My daughter was hit by our next door neighbor cause she when over they to grab our dogs. They neighbor was going off and my daughter told her to calm down. That the stress will hurt the unborn child. But she didn't listen. So my daughter raised her voice to get the lady to listen. But the lady... Read more »

Timothy Denison answered on Aug 12, 2019

Its an assault 4, a class A misdemeanor.

1 Answer | Asked in Bankruptcy for Kentucky on

Q: How long does it take to get chapter 13 discharge after the final payment in Kentucky?

Timothy Denison answered on Aug 10, 2019

Usually about 30 days.

1 Answer | Asked in Civil Litigation for Kentucky on

Q: Lost equipment would be I responsible to pay value of new or used

My son was on a volunteer on local fire department and they issued him some equipment. he has turned all the Equipment Except one item (radio) that he cannot find. He’s willing to pay back the value of it However my question is if it was used when They gave it to him wouldn’t he only be... Read more »

Timothy Denison answered on Aug 10, 2019

He is only responsible for the fair market value of the radio at the time it was given to him then lost, not the cost of a new radio.

1 Answer | Asked in Child Custody and Family Law for Kentucky on

Q: If I lost custody of my daughter because I had no income or a home and now that I do and I file a civil court

I have my own place I have an apartment now and stable and have money could I do a civil court case and fight for custody or visitation

Timothy Denison answered on Aug 10, 2019

Absolutely. Hire a family sayer and either file a new petition or file a motion in the case where you lost custody.

2 Answers | Asked in Bankruptcy and Real Estate Law for California on

Q: Need Help ASAP

Hi Lawyer,

I really need help, so please help.

I sold my condo and bought the house with my girlfriend we both had name on the mortgage loan and Deed. After we live together, she brought her family over (like her mom, sister, brother and niece) then she start used me, she forced me... Read more »

Timothy Denison answered on Aug 10, 2019

Consult a civil lawyer as well as a bankruptcy lawyer. They can assess your financial situation and tell you what you need to do.

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Kentucky on

Q: If you record something illegally but don’t know it’s illegal and your attorney uses it 1. Shouldn’t he have known. And

I shouldn’t have gotten in trouble

Timothy Denison answered on Aug 9, 2019

You’re going to have to be much more fact specific to get the proper answer.

1 Answer | Asked in Bankruptcy for Virginia on

Q: I paid lawyer to file my chapter 13 bankruptcy..he will not file a petition..what should I do?

Timothy Denison answered on Aug 9, 2019

Fire him, demand a refund and hire a new lawyer.

3 Answers | Asked in Bankruptcy for California on

Q: Can my filing Chapter 7 by myself have creditors come after my husband after its done?

I live in California. I rent a room somewhere else while my husband stays in the house we rented. Do to his behavior I decided to leave. We are not legally separated, but don’t currently live in the same county together. My income by myself would get me chapter 7 to remove crushing credit card... Read more »

Timothy Denison answered on Aug 9, 2019

Unless your husband is also a debtor on the things you bankrupt, he isn’t obligated to pay them and never will be. There is no statutory time frame from which you must be separated.

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3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on

Q: Me and my boyfriend are buying an apt My name will not be either I’m the deed nor the mortgage

Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership

Timothy Denison answered on Aug 9, 2019

Your name should be on the deed. Hire a family law attorney to draft a domestic partnership agreement to protect yourself

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3 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on

Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Timothy Denison answered on Aug 9, 2019

You could sue him for the money he owes you and garnish his wages. You can also file bankruptcy, depending on your assets.

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