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Delaware Questions & Answers
1 Answer | Asked in Bankruptcy for Delaware on
Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?

Nels Hansen
Nels Hansen answered on Jan 31, 2018

Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file... Read more »

1 Answer | Asked in Child Support, Estate Planning and Probate for Delaware on
Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

He was almost $18K in child support arrears and his mom never knew about his annuity, so she never set up probate court. Instead she simply had him cremated. How do I place a lien against his annuity?

Kenneth V Zichi
Kenneth V Zichi answered on Jan 17, 2018

If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.

The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have any... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 12, 2018

I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your...
Read more »

1 Answer | Asked in Products Liability and Personal Injury for Delaware on
Q: Can I sue if a mini butane torch exploded in my face?.

I was filling my mini butane torch to continue working on my artwork when it exploded in my face. It burnt my hair around my face, eyebrows, eyelashes and scorched my skin on face and neck. It happened last night, Friday, 12/22/17 and today is Saturday so my doctor is not available. Took photos... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 23, 2017

go to an ER if you have any concerns about corneal burns/pain in the eyes. Follow up with a dermatologist on burns.

You can sue but that's expensive. First--save any and all items in use--the piece the filler.

Also all packing, receipt etc--put it in a box or bag.

Notify the...
Read more »

1 Answer | Asked in Copyright and Trademark for Delaware on
Q: trade mark question

hi , i am trying to start a company by a certain name , that name is taken (though their domain is hyphenated and i bought the original name domain).

they did not register the name as a trade mark and its free for the taking.

QUESTION!!

if i pay for the trademark and i take... Read more »

Karima Gulick
Karima Gulick answered on Oct 9, 2017

More details would be necessary to best answer your question.

1 Answer | Asked in Car Accidents for Delaware on
Q: if in auto accident , you receive 2 checks do the lawyer get 1/3 from both checks

I pay for under insured motorist and had to use just for that reason.1 check came from their insurance and 1 from my own

Peter N. Munsing
Peter N. Munsing answered on Sep 22, 2017

You bet. The underinusured is like another liability claim except the lawyer has to show your case is worth more than the limits of liablity s/he collected for you. The workman is worth his hire. (1 Timothy 5:18)

1 Answer | Asked in Car Accidents for Delaware on
Q: I received 2 checks from auto accident . does the lawyer get 1/3from both checks? since it was one case
Peter N. Munsing
Peter N. Munsing answered on Sep 22, 2017

Look at your fee agreement. It usually says for the amounts recovered. Two checks for one case mean that's the amount recovered. The exception might be if one was for property damage not part of an injury claim.

1 Answer | Asked in Traffic Tickets for Delaware on
Q: What are points and insurance impact for Delaware Licensed drivers on getting tickets in other state for e.g New Jersey

Hello,

I'm a Delaware licensed driver with with clean record.

Recently when I was passing through New Jersey returning back to Delaware, I was stopped and given two tickets in New Jersey

a) Improper Passing for Passing on the Right (4 Point in NJ)

b) Speeding Ticket... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 20, 2017

You need to ask this question to a Delaware Lawyer not NJ. But remember it is not just MVC points but also possible insurance implications.

1 Answer | Asked in Intellectual Property for Delaware on
Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?

Patents 20160051891; 20150339042; 9098969; 20140378199; 20060202671

Griffin Klema
Griffin Klema answered on Sep 17, 2017

You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov

Griffin Klema

https://klemalaw.com

1 Answer | Asked in Real Estate Law for Delaware on
Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

One property includes our residence. The other one is farmland he just inherited.

Vincent Gallo
Vincent Gallo answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.

1 Answer | Asked in Collections and Probate for Delaware on
Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

My mother passed away August two years ago. She had a house but was the only name on the deed. The estate was turned over by the state to a lawyer to be the executor and the house was sold in Sherriff's sale. There was no money in the estate. Her homeowner association is trying to sue my... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 23, 2017

Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!

Get a...
Read more »

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on
Q: How can I optimize a sale of business assets when the business is no longer in good standing?

In 2015, friends and I started a business. We allocated shares, and set up a vesting schedule. In 2016, we decided to allow the business license (Delaware) to lapse and operate with funds from an existing LLC business I own, however, the other partners do not benefit from the LLC business.... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Aug 14, 2017

More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the... Read more »

1 Answer | Asked in Car Accidents for Delaware on
Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.

My friend purchased extra rental insurance. Do I have a claim for pain and suffering?

Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.

1 Answer | Asked in Copyright for Delaware on
Q: Looking to use photo memes in a free video game. Is this breaking any laws?
Will Blackton
Will Blackton answered on Jun 29, 2017

Possibly. Did you take the photo and create the meme? If not, someone else probably had a copyright interest in the image. If you use it without their permission or a valid license, you could be liable for copyright infringement. Making money is not a requirement for copyright infringement.... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?

I was at a red light, in the right turn lane. My turn signal was on, and I waited for an opportunity to turn right onto the road. Assuming the opening was large enough, I made the turn. I was t-boned on the side of my door within 10 seconds after. I understand that this is my fault, but could the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2017

1) If you made a turn it wasn't 10 seconds.

2) I assume you reported it to your insurance. Insurance will provide you with an attorney if you are sued..

3)If you didn't get a ticket you aren't in court.

Get a copy of the crash report. It may cast light on where the other...
Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Delaware on
Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse

spouse went in for open heart surgery 8/2015, walked in and never walked again, he died 2/2017 at a long term care facility. Many complications during surgery and afterwards, finally after year of hospital stay went to rehab, vent dependent, then trach was changed during a brief visit to hospital... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

Suggest you contact a member of the Delaware Ass'n for Justice like Thomas Crumplar--you can tell him I suggested you call. Malpractice cases are tough, and a bad result doesn't mean you have a case--even a horrible result. But you should check with Mr. Crumplar. If he can't help you try Jim... Read more »

1 Answer | Asked in Estate Planning for Delaware on
Q: can you list in your Maryland will as beneficial alternatives both children and grandchildren?
Kenneth V Zichi
Kenneth V Zichi answered on May 29, 2017

It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children.

But your...
Read more »

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer... Read more »

Robert C. Collins II
Robert C. Collins II answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The... Read more »

1 Answer | Asked in Personal Injury for Delaware on
Q: I had a heart attack while driving tractor trailer for a company. What are they responsible for?

I don't have insurance now and I'm ok to work. But I'm not comfortable going over the road and that's all the company has and I don't want to risk my health. And I no longer have health insurance.

Peter N. Munsing
Peter N. Munsing answered on Mar 7, 2017

Contact a member of the Delaware Assn for Justice--they give free consults. Attorney Thomas Crumplar may be able to help you. Feel free to use my name.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Q: If the judge gave me 30 days to move and I can't what will happen
Ben F Meek III
Ben F Meek III answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and... Read more »

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