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Questions Answered by David Luther Woodward
1 Answer | Asked in Constitutional Law and International Law for Hawaii on
Q: Hypothetically. If a human being identifies as a canary wolf or some other non-human species. Is it murder

Hypothetically. It is not murder to kill an animal, unless endangered. So killing a canary, wolf or non-human species is not murder?

Lost in this 21st century world, got lost in the internet and read people's dark posts. Trying to gain sanity back into my head.

David Luther Woodward
David Luther Woodward
answered on Jul 1, 2022

Under the common law which is the basis for our criminal (which can vary from state to state) is

Killing another human being with malice aforethought.

There's your answer

2 Answers | Asked in Divorce and International Law for Texas on
Q: Hi, My spouse and I are Americans and Egyptians; if he divorced me in Egypt, what are my rights as Texas resident?

I’m 54 years old, married for 33 years, and unemployed ( I’m seeking a job); my husband and I are almost separated for 3 years. We do have a home in Sugar Land and joined banks accounts

( that he is controlling most of them, I don’t have online access except for one account). I’m... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 28, 2022

First and foremost: I know nothing about the law of Egypt except that it, too, is inherited from the British.

Go get yourself a lawyer tomorrow! Most lawyers will give you the first interview for free, and then try to work out a system of payment. You need to be the first to file and...
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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 22, 2022

As Barbara queries, it depends on which of the types of obligation it was at the time of the discharge.

By the way, did she have a lawyer for her bankruptcy? If so, make an appointment and go back for advice.

If it is subject to the discharge the lawyer can file for contempt and...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: In Chapter 13 with my ex-husband, if he does not turn in his tax returns, what happens and how can I protect myself?

We filed together approx 2 years ago, prior to divorcing, and this if the first year we are having to turn in our tax returns, but I received a motion stating he had not done this. I do not know how to protect myself in this situation. He has a car with my name on it and I have a car with both... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 19, 2022

What you need is a good lawyer. It certainly appears that you have not used one to this point, perhaps even in the divorce.

The old saying "a pence of prevention is worth a pound of cure" surely appears to apply to you.

There really is no way a lawyer on a site such as...
Read more »

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 7, 2022

It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »

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2 Answers | Asked in Bankruptcy for Oregon on
Q: Will bankruptcy clear what I owe for fines if the debt has been sent to collections
David Luther Woodward
David Luther Woodward
answered on Jun 6, 2022

How do you define "fines"?

If the fines were imposed by a government, be it federal, state, county, or city, Mr. Denison is correct.

Good Luck

d

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1 Answer | Asked in International Law, Consumer Law and Copyright on
Q: I was scammed by an international company do I have any legal rights?

In 20/21 I purchased a multi-vendor platform online from an overseas company. Due to health issues, I didn't attempt to launch until Nov ‘21. at which point I discovered the platform was outdated and had security issues. Since the company refused to help, I was forced to hire a web developer... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 1, 2022

You can sue the bastard!

But where?

You need the advice of an international litigator to determine where jurisdiction and venue may lie, and then the cause of action that you can assert.

That ain't cheap!

While 11K is a significant amount to you, the costs of...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Ch 13 bankruptcy was 2 wks shy of being discharged when mom passed away. Trustee wants inheritance. Recommendations?

Thank you very much.

David Luther Woodward
David Luther Woodward
answered on May 20, 2022

Where's her lawyer?

Under certain circumstances the code permits a death during pendency to be treated as a probate estate.

Where's your lawyer?

If her estate is of value to you then you need your own lawyer to analyze and assist. Your question is too vague for a...
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2 Answers | Asked in Bankruptcy for Maryland on
Q: Is it possible to reaffirm or file motion to redeem cross-collateralization after Ch.7 discharge?

In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... Read more »

David Luther Woodward
David Luther Woodward
answered on May 13, 2022

All credit unions with which I have had experience including as a member and as a lawyer have deposit agreements with cross-collateralization. I think credit unions are a great asset to the economy, but I always advise my clients to be careful in their loan transactions including cards with the... Read more »

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1 Answer | Asked in Federal Crimes, Divorce, Family Law and International Law for Wisconsin on
Q: Hauge convention act. Is there any lawyers in Wisconsin that has experience handling this kind of case

I’m in Thailand. I’m trying to recover my children from USA the mother abducted them June 2021 I’ve been trying in the local courts in Thailand no luck I’ve been in contact for the last seven months with the US government for the hauge Convention act. Also the mother has been hiding the... Read more »

David Luther Woodward
David Luther Woodward
answered on May 12, 2022

The Hague Convention is useful in most situations, but you need a lawyer where the children are to file the appropriate action in the local court to determine.

But first, do you have a professional/lawyer in Thailand that is assisting you. If you don't, that you explain why things...
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2 Answers | Asked in Family Law for Kentucky on
Q: Can I go get my kids from KY. If I granted temp to other party in FL? What are my choices

Willingly gave temporary custody to my sister So i could do two years in prison. She's moved from FL to KY. And is fighting me for them. What rights doni have as far as getting them back. They are miserable and want to come home. My 15 and 14 yr old are doing drugs and vapes. They are... Read more »

David Luther Woodward
David Luther Woodward
answered on May 5, 2022

Did you enter into a written agreement in Florida when you handed the children over? If you did not, then my Kentucky Colleague's answer here is what you need.

I am not a Kentucky lawyer, but you surely do need one, and now.

Good Luck

d

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1 Answer | Asked in Collections and International Law for Arizona on
Q: A Chinese Company reached out to me to recover money from past due accounts.

Sounds like an illegal scheme to me.

David Luther Woodward
David Luther Woodward
answered on Apr 22, 2022

It could be!

I have received several offers of employment that included collecting and redistributing money, and every one of them was a dud. The usual ploy is that they send you a bogus cashier's cheque by courier, as you to clear the check (through your trust account, of course),...
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2 Answers | Asked in Bankruptcy, Patents (Intellectual Property), Copyright and Trademark on
Q: Do I need a bankruptcy lawyer? Can I review patents I believe am the rightful owner of.

Cryptocurrency patent Microsoft has applied for, digital advertising alliance, online casino platforms, QR codes.

David Luther Woodward
David Luther Woodward
answered on Apr 14, 2022

You need a patent lawyer. This is a very technical specialty in property law and I would bet more than you can discern; however, the lawyer can walk you through.

Good Luck

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1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: I have a foreclose notice from my mortgage company and is TRO ( temporary restraining order) can stop foreclose

I have a small condo and our 5 family member live in this condo for last 21 years. This is only primary resident we have, during covid my wife lost her job and my parents move back to our home. I could not able to make any payment to my mortgage. I tried several time to modify or adjust the past... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 13, 2022

You can --through a lawyer--seek a temporary restraining order in District Court in your county. It is temporary--and I mean temporary. Don't expect more that 30 days till something will have to happen.

Go see a Bankruptcy Lawyer about a Chapter 13. That usually is the best way to...
Read more »

1 Answer | Asked in Immigration Law on
Q: If the FBI investigates me, and has not acused me, can I emigrate to the USA?

I looked bad things on the internet and the FBI ended up investigating me, I'm from Spain, and I have no criminal record, only the FBI has investigated me, can I still emigrate to the USA?

David Luther Woodward
David Luther Woodward
answered on Apr 13, 2022

This is in immigration question. As regards the FBI, at one time or another everyone gets investigated by them, I think. In fact, before you would be allowed to immigrate, I am sure that a background check would be done, and probably by the FBI.

There are lawyers in almost every major...
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2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for Texas on
Q: Good afternoon I like to know , what should i do regarding my home foreclose.

I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

I have practiced in Texas and in Texas foreclosure is by "post and sell"--May 3 is the first Tuesday of the month which is foreclosure auction day. .That is contrasted to states like Florida where I practice now where is called a "Strict Foreclosure" state. That means that you... Read more »

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
Read more »

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2 Answers | Asked in Traffic Tickets and International Law for Ohio on
Q: I need to pay court fines in Sydney Australia. I’m in the states. I’ve been told pay through Bitcoin

I’ve been told the court only excepts payment through Bitcoin. I find that hard to believe. Is this a scam? My friend hit a parked car but didn’t stop. There was no injuries. He is under house arrest now. I’m not comfortable paying that way

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

That is a problem.

I would contact a solicitor in Sydney and ask for advice in that regard.

d

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2 Answers | Asked in Bankruptcy, Criminal Law, DUI / DWI and Traffic Tickets for Alabama on
Q: I am disabled and a widow. I have some legal issues I.e...a warrant for me was issued. I would like help with this.
David Luther Woodward
David Luther Woodward
answered on Apr 10, 2022

What is the subject of the outstanding warrant?

Bankruptcy does not address criminal matters, so I don't see the connection.

Go see a local bankruptcy lawyer for assistance and explanation

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3 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Ohio on
Q: Debt collector is suing me in court in indiana. I currently live in Ohio. I havnt lived in Indiana since 2015.

They want me to set up payment or go to court. I can’t go to court it’s 7 hours away can’t take off of work. Is there anything I can do or can I just ignore it?

David Luther Woodward
David Luther Woodward
answered on Apr 5, 2022

Talk to a bankruptcy lawyer in your community to help you evaluate your options.

Good Luck

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