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Questions Answered by Andrellos Mitchell
3 Answers | Asked in Bankruptcy for Maryland on
Q: Chapter 7 bankruptcy and keeping your home

I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.

The question is after homestead... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Nov 29, 2019

You don't get much of an exemption in Maryland under the Homestead Act. Homeowners and wage earners filing bankruptcy that may have too much equity in their home and are worried about being forced to get a second loan to pay off creditors or a forced sale to pay off creditors probably should not... Read more »

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1 Answer | Asked in Employment Discrimination for Maryland on
Q: I asked my employer over a month ago to have Sunday off to go to church and they have not done anything as of yet.

What steps should I take next.

L

Andrellos Mitchell
Andrellos Mitchell answered on Aug 20, 2019

First of all you should put your request in writing and explain why you need this day off. If you are going to be taking the same day off on a regular basis maybe you should take leave with pay or leave without pay or just make arrangements not to work on that day.

1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for District of Columbia on
Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell
Andrellos Mitchell answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Maryland on
Q: If I'm already working for an company, can they fire me if a background check company doesn't provide a timely response

Let's suppose the background check company is the Federal OPM office, and the background check is for a standard public trust level job that doesn't require a secret or top-secret level clearance and that none of the jobs at your work site are classified. Further, Let's suppose the governments HR... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jul 13, 2019

This sounds like a hypothetical question. An employer can always come up with a reason to deny you a clearance, no matter how high or low the level of the clearance.

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: Job knew I had disability. Sent a letter to say come to work, if no note in 6 days your fired. Was time to short?

I identified as a person with a disability. There was a class coming up I needed to be out for 2 days of a 10 day class for disability. Lead said her and manger discussed my request and said I should rethink going to my appointment, resign or they may terminate me. I was unable to attend that... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jun 30, 2019

No, not necessarily. It all depends on the facts, intent, and motivation of your employer, as well as whether or not you followed the law on requesting a reasonable accommodation. The employer knowing you are disabled is not enough. You must make a request for a reasonable accommodation, your... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Im a federal supervisor. I manage a staff of 8. One of my employees is harassing me with frivolous emails and demanding

Over the last 2 years I have given this employee a letter of reprimand, a PIP, and a proposal for a seven day suspension. My upper level supervisor failed to sign off on the suspension. My upper level supervisor has promised over the last year that this employee would be moved. After a few month of... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on May 20, 2019

Just based on what you have presented I can't advise you. It requires meeting to discuss the case, review of paperwork, and research. However, it sounds like you may be open to getting in trouble with upper level management and should hire counsel to protect your rights.

1 Answer | Asked in Gov & Administrative Law and Libel & Slander for District of Columbia on
Q: What recourse do I have for being slander by my employer to congressional staffers/ hearing?

I work for a federal agency; a senior representative attended a meeting of enquiry on the Hill about an incident within the agency- at the location I direct/ oversee. The representatives did not have facts; instead, they blamed me for the negative outcome of the external investigation. I was asked... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on May 7, 2019

It definitely sounds like you need to hire a lawyer before you respond on writing or in person. Everything going forward will be shaped by your employer and the narrative he/she wants to create. You need to carefully counter that narrative. It is best to have someone speak on your behalf when... Read more »

3 Answers | Asked in Bankruptcy for Maryland on
Q: I have stopped making payments - for 4 mo. on credit card & medical debt - about 15,000. in debt. If they file judgement

& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.

Andrellos Mitchell
Andrellos Mitchell answered on May 5, 2019

No!

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2 Answers | Asked in Divorce for District of Columbia on
Q: My wife and I are getting a divorce. She is going to try and get alimony and child support. I am the sole provider for

I am the sole provider for the kids is this possible?

Andrellos Mitchell
Andrellos Mitchell answered on Dec 21, 2018

Call me.

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1 Answer | Asked in Civil Litigation and Legal Malpractice for District of Columbia on
Q: Can a law firm be sued?

The law firm representing me in a civil/non-payment of rent pro bono case made a donation to a non - profit legal organization that filed an unfounded domestic violence (criminal) case against me in family court on behalf of a woman who married me for a green card.The law firm did nothing for me... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Nov 30, 2018

Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm.... Read more »

2 Answers | Asked in Bankruptcy for Maryland on
Q: So do I have this right? Filing chapter 13 means I can keep my home?
Andrellos Mitchell
Andrellos Mitchell answered on Nov 30, 2018

In general...that's correct, if you meet the terms of the Plan.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Will medical bills go away if I file for bankruptcy?
Andrellos Mitchell
Andrellos Mitchell answered on Nov 17, 2018

The short answer is yes, if you include them in your Bankruptcy as unsecured debt.

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2 Answers | Asked in Bankruptcy for Maryland on
Q: Can I file for bankruptcy if i can't pay a loan from a family member? there was no paperwork.
Andrellos Mitchell
Andrellos Mitchell answered on Oct 31, 2018

Yes. A loan is simply a promise to repay money or something else of value. A promise can be oral or in writing.

An oral promise to repay money is just as valid as a written promise, and you can be sued for that promise if you default on the loan/debt.

You can also list that debt...
Read more »

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1 Answer | Asked in Business Law and Employment Law for District of Columbia on
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?

My new employer (there's only 2 of us in the company so far) has suggested I form an LLC so he can pay me through that instead of giving me a check each pay day like a normal employee would. He says the point of doing it this way is so I'll be taxed less and get to keep more of my money. However,... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Oct 22, 2018

It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.

4 Answers | Asked in Bankruptcy for Maryland on
Q: I'm about to lose my house to foreclosure and really want to prevent that from happening.

Is filing for bankruptcy my best option?

Andrellos Mitchell
Andrellos Mitchell answered on Oct 12, 2018

It may be. I can't say for sure without reviewing your case. However, if you don't have money to set aside to pay into the reorganization plan for the arrears...it probably wont make any difference in the long run.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: How will filing for bankruptcy affect the monthly child support payments that I receive?
Andrellos Mitchell
Andrellos Mitchell answered on Sep 25, 2018

It wont! Child support payments are exempt. The money is for the child, not you.

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2 Answers | Asked in Bankruptcy for Maryland on
Q: How do people get credit cards after they are bankrupt?
Andrellos Mitchell
Andrellos Mitchell answered on Sep 17, 2018

Just Apply!

After your debt has been disvharged in bankruptcy, you now have a clean slate....and a creditor is oftentimes more willing to give you new credit. Since you can only file bankruptcy every 8 years, if you default on the new credit, the creditor can now come after you ...and you...
Read more »

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1 Answer | Asked in Divorce for District of Columbia on
Q: i would like to know if im married to a person not from this country i want to get a divorce

the husband from nigeria i know he got denied his green card i know this he is lying about it we dont have kids together and we dont live together he does not do right and lies all the time i want a divorce asap

Andrellos Mitchell
Andrellos Mitchell answered on Sep 5, 2018

If you married a person by traditional marriage or common law marriage in D.C., then you can get a divorce from that person.

Q: Is it legal for our government to give billions of American taxpayers dollars to an illegally nuclear armed country.

Israel has hundreds of nuclear weapons and refuses to allow inspections of their facilities and has not signed The Treaty on the Non-Proliferation of Nuclear Weapons. Not to mention, this is a hostile nation that has attacked the US military killing hundreds of American service men with no... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Aug 30, 2018

The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.

3 Answers | Asked in Bankruptcy for Maryland on
Q: What assets will I be able to keep if I file for bankruptcy?
Andrellos Mitchell
Andrellos Mitchell answered on Aug 30, 2018

All assets that are exempt under the applicable sections of the bankruptcy code.

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