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Kentucky Questions & Answers
1 Answer | Asked in Education Law and Gov & Administrative Law for Kentucky on
Q: What laws do I need to make sure I completely understand a Special Education Director? and how to train my SPED teachers

How do I train Special Education teachers in legal issues?

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

You should be able to contact your state's Department of Public Instruction for resources on training K-12 staff on compliance with the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and other relevant laws that may be... View More

2 Answers | Asked in Education Law for Kentucky on
Q: If I wanted to research the rule and laws on public education in Kentucky where would I look?

I don't understand things being done and want to find where in what law or government area I look to look up. Education has so many lo wholes and word salad going on, I would like to find them in plain English for normal people like m to understand.

Todd B. Kotler
Todd B. Kotler
answered on Jun 16, 2024

As a resource for parent advocates, I recommend wrightslaw.com.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 16, 2024

You don't say whether you're in a Chapter 7 case, with a trustee, or a Chapter 13, and that can make a difference.

The general rule is (e.g., for payments to you or tax refunds) is that the amounts attributable to prepetition accrual are part of the bankruptcy estate, and the...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Kentucky on
Q: Can my landlord win eviction in court if he has neglected to repair sewage leaking into my apartment?

March-June, sewage has been raining into my apartment's laundry area, specifically from the apartment upstairs' toilet when they flush. There is mold, and of course human waste coming down into my unit. Landlord was notified in March and after many requests through messages, nothing gas been fixed

Timothy Denison
Timothy Denison
answered on Jun 18, 2024

It really depends on what other evidence, if any, he has and whether you were constructively evicted from your rental. You will probably at least be given a hearing.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I had my sprinkler running and water hit neighbors fence. Neighbor came into my property and turned off sprinkler.

I did not say anything when he was in his backyard after the incident. I know he turned off my sprinkler. Do I have a case? Can I call 911?

Timothy Denison
Timothy Denison
answered on Jun 14, 2024

No case. No damages. No 911. Maybe just move sprinkler back so as to not hit fence.

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: Landlord put two homes on lot. Verbally said no more. Why I rented. Generic lease. Preparing to put another home on lot.

Anything I can do since the very reason I chose to rent here was the amount of outdoor space/yard? One year lease was signed first of April.

Timothy Denison
Timothy Denison
answered on Jun 13, 2024

Most likely not but depends on terms of lease.

1 Answer | Asked in Consumer Law and Civil Litigation for Kentucky on
Q: We bought a used boat. Equipment was missing when we picked up the boat. Can the seller be made to return the equipment

The sailboat ad listed the missing equipment and the survey report also listed the equipment. The seller is not returning phone calls or text messages from our broker. The cost of replacing the missing equipment would be approximately -$4000 plus.

Timothy Denison
Timothy Denison
answered on Jun 12, 2024

Yes. If it is listed in the ad, you may have a fraud claim against the seller.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My fiance has court in Campbell KY for probation violation.her officer agreed to let her come back to sober living

She needs a lawyer to be there so she has representation to get out on the 18th

Timothy Denison
Timothy Denison
answered on Jun 14, 2024

You should contact a criminal defense attorney ( or the public defender) in Campbell County. They will be able to help her return to the sober living.

1 Answer | Asked in Civil Litigation and Domestic Violence for Kentucky on
Q: Am I able to drop a DVO in Ky? How do I go about this?

Defendant wasn’t able to make it to court due to working out of town, so it was changed from an EPO to a DVO. I would like to try and work through issues with counseling and would like to drop the charges

Timothy Denison
Timothy Denison
answered on Jun 11, 2024

You’ll need to file a motion to set aside and dismiss in the court that issued the DVO.

1 Answer | Asked in DUI / DWI and Probate for Kentucky on
Q: I was taken to jail in Ky. For driving on dui suspended 2nd license, however I wasn’t pulled over and I wasn’t caught

In the Act of actually driving, I was out of the car while it was parked and in the process of walking away from the car, and I’m fairly certain that my rights weren’t read to me… the judge offered to amend the charge to 1st offense with credit for time served. I turned it down and bonded... View More

Timothy Denison
Timothy Denison
answered on Jun 9, 2024

If no one saw you driving, you may be able to challenge it on not being committed I. The presence of the officer, ehich is required by most misdemeanors.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Estate Where and for how long do you advertise to creditors to come forward with claims after a person passes?

Thank you to Tim Dennison for info on the will. Will was accepted and executor named now need to know how long advertising for creditors with claims to come forward needs to be posted and where is the legal platform you are to post announcement??…. I did send off letters with the DC but executor... View More

Timothy Denison
Timothy Denison
answered on Jun 10, 2024

The estate must remain open for six months after your appointment to address any proofs of claim. If you have notified all of the known creditors, you need do nothing else.

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: My non rent paying grandson has been gone for 2 months but has a deadbolt lock on his door and refuses to get his things

He is 36 and has never offered to help out with anything

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

Rent a storage unit. Pay one month's rent. Remove the deadbolt. Move his stuff into the storage unit. Tell him where it is and that you have paid one month's rent. He is free to continue to store it there if he pays the monthly rent, or he can retrieve his stuff and move it somewhere... View More

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Speeding ticket for 21 over in a work zone. Rolling road block in front. I was first car in line. Officers moved to allo

Traffic and I assumed we were free to go. Nml speed is 70. I was going 76. There were still barrels in other lane officer said. I don’t recall. I got confused by the situation. I didn’t realize it was still considered active I guess. Advice on what I should do? Would like to not have to go to... View More

Timothy Denison
Timothy Denison
answered on Jun 6, 2024

Most likely can be resolved for traffic school but you will have to appear ( or hire a lawyer) as it is not repayable.

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I'm needing information on this legal term thanks 24-cr-00083-002
Timothy Denison
Timothy Denison
answered on Jun 5, 2024

Look on public Courtnet and enter case number.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Sharing tree with neighbor on property line. If my neighbor hires an arborist to inspect it, am I required to help pay?

If my property line has a tree that is partially in my yard and my neighbors yard and one party wants to hire an arborist to inspect it, am I required to help pay even if I do not want to hire an arborist to inspect it?

Timothy Denison
Timothy Denison
answered on Jun 4, 2024

No. You are not responsible.

2 Answers | Asked in Real Estate Law and Estate Planning for Kentucky on
Q: Who would own abandoned property (a church) if the owner organization isn't listed with the IRS or secretary or state?

There is a church near me that has been abandoned for a while, it is listed as owned by itself (XYZ church)... but the organization (the church) isn't listed as existing with the state's bsuiness office or with the IRS. Who would therefore own it? And how could it be acquired?

Timothy Denison
Timothy Denison
answered on Jun 3, 2024

You would need to get the property address and run the title. The deed will tell you who the true owner of the property is. Then you can proceed from there.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If you have an open DV case and an open EPO case in KY can you go hunting with a firearm in another country?
Timothy Denison
Timothy Denison
answered on Jun 3, 2024

The safe answer is no, given streaming, social media and the like.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: Is a paternity test mandatory if we weren't married but the alleged father signed both birth certificates and the vap?
Timothy Denison
Timothy Denison
answered on Jun 2, 2024

It’s not mandatory but it is very good practice to have one in every case.

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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1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Can you get charged with a EPO violation If the judge dismissed the EPO before violation hearing

My ex got a epo against me on may 17th I was arrested for epo violation that I never committed and may 22nd the epo was dismissed/no findings I have court June 3rd for the epo violation. Can I even be charged still if it was dismissed

Timothy Denison
Timothy Denison
answered on May 31, 2024

Yes. You can bc the epo was in effect when she alleged you violated it.

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