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District of Columbia Questions & Answers
3 Answers | Asked in Bankruptcy for District of Columbia on
Q: I filed chapter 13 December 3,2020. A creditor/credit union debited my account 7 days prior.How do I recover those fund

I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 5, 2021

Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".

But that's not true about secured claims (debts secured by collateral).

Credit unions...
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1 Answer | Asked in Family Law for District of Columbia on
Q: can past charges of fictitious name to officer forgery and false documents be used to discredit in a protection order

false protection order on me. final hearing in 2 days i cant get attorney. she has no police reports or evidence. her aunt may witness on her behalf and lie. can i use her past criminal history to discredit her testimony? forging priv. documents, fictitious name to avoid pro....fraudulent documents.

Mark Oakley
Mark Oakley answered on Dec 22, 2020

You can do so if they are convictions, and you obtain certified copies of the convictions from the court, or perhaps if the convictions occurred in the same court you are appearing in on the protective order, you can reference those cases by case number and the court can check the dockets if they... Read more »

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: Does an "employee" in the code of federal regulations refer to active duty components (military, PHS, NOAA)?
Matthew Famiglietti
Matthew Famiglietti answered on Dec 21, 2020

Your question is not entirely clear, but a member of the military is a federal employee. Individuals who work for NOAA are federal employees as well. PHS helps aid federal agencies as the FDA and the CDC

1 Answer | Asked in Employment Law for District of Columbia on
Q: How to get my SF-50 from my former federal agency?

I am a former government employee who left the federal government in 2014. My departure was due to an unethical SES who was removed from his director position due to complaints. Since leaving, I have worked as a contractor, I have passed my security checks. I am in the process of emailing my former... Read more »

Matthew Famiglietti
Matthew Famiglietti answered on Dec 17, 2020

You may obtain copy of your most recent SF-50 by requesting from the National Archives and Records Administration, Good luck!

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can the police ask the airline if I was traveling on its plane
Mark Oakley
Mark Oakley answered on Dec 13, 2020

The police can always ask. The question is, do you have a legally protected interest in keeping your flight records private from the police? The answer is no. If you would like a deep dive into all the data and information regularly collected from airline passengers and analyzed by the... Read more »

1 Answer | Asked in Employment Law for District of Columbia on
Q: can my boss legally give me a pay cut without notifying me first?

my boss has told me a lot of different things since I started this job, but he's continuously harassed me and now I was looking over my pay stub and realized that my pay has gone down. so legally was my boss able to give me a pay cut with any notification?

Steve Hoffman
Steve Hoffman answered on Dec 10, 2020

Really an employment law question here, and a popular one!

Salary and other work condition stability may be protected if you were hired under conditions-certain contract, or depending on employer's policies or related laws that may cover its government contracts that provide the money...
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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Elder Law and Small Claims for District of Columbia on
Q: can i file suit for defamation and elderly abuse under Title 18 in dc? under what sections? Cannot get an answer.

I am 70 years old. I asked a question during a town hall meeting at the senior wellness center I have attended daily for the last 7 years. The 55 year old program director, did not like the question because she did not have a valid answer, was embarrassed. She then filed a fictitious Barring... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

A Washington, D.C. attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to attorneys in the Libel & Slander sections to discuss. As a general note, keep in mind that such cases are not generally handled on a contingency basis the way... Read more »

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long can I stay out of the United States while I have a green card, in order to get citizenship?
Matthew Famiglietti
Matthew Famiglietti answered on Dec 1, 2020

Given the current political environment, it is very risky for you to leave the country at all because you may have an exceptionally hard time getting back in. It's even more risky if you are returning to your native country if you are alleging a reasonable fear of past or future persecution.... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I seek asylum based on my sexual orientation if I am a minor (16 y.o.), I live in Egypt.

Homosexuality in Egypt is a crime punishable by ~15 years in jail, and your future is probably ruined (same with your reputation), assault in prison is inevitable.

My parents are emotionally abusive and homophobic as well.

Matthew Famiglietti
Matthew Famiglietti answered on Nov 12, 2020

The general rule is you can apply for asylum based on sexual orientation if you are being abused in your home country because of your sexual orientation. You would have to prove fear of present persecution based on your sexual orientation and/or the potential of future persecution because of... Read more »

1 Answer | Asked in Employment Law for District of Columbia on
Q: Can a job let you go.For being in a methadone treatment
Matthew Famiglietti
Matthew Famiglietti answered on Nov 12, 2020

Your question is not entirely clear. I can't tell if you went into treatment and are being prescribed methadone as part of the treatment, or if you are in treatment because of addiction to methadone.

District Courts have split on the question, especially if you have some protection...
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1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can a person be charged w/wonton endangerment if there are no victims or witnesses involved in the case?

Can the person be convicted of wonton endangerment w/no victims or witnesses in the case?

Mark Oakley
Mark Oakley answered on Oct 22, 2020

There is no crime defined in the District Of Columbia as "wanton endangerment." There are crimes of assault, mayhem, etc., that must involve another person as the victim of the offense. there may be other crimes depending on the specific acts involved. Your question is rather vague.... Read more »

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for District of Columbia on
Q: I have structured insurance. My roof was damaged 2+ yrs ago, l made a claim, they did not settle until two yrs later.

They never paid for the roof, but paid for the damage to rooms inside the house from water from the roof. They also blamed me for the damage. What can l do? I only have structural coverage.

Tim Akpinar
Tim Akpinar answered on Oct 21, 2020

A District of Columbia attorney could advise best, but your post remains open for two weeks. It's difficult to make an accurate guess as to the non-payment without seeing the policy and the denial, with any accompanying investigation reports or surveys. One option is to meet with an attorney... Read more »

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1 Answer | Asked in Health Care Law and Personal Injury for District of Columbia on
Q: A long term care facility offering rehabilitation failed to provide rehabilitation for three months, injury was incurred

Neither physical rehabilitation nor assistive devices were received. Governor's order required all licensed physical therapists to continue to provide care during state lock down.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

A Washington, DC attorney could advise best, but your post remains open for a week. Your post didn't include a question, but if you are wondering whether this could give rise to a legal cause of action, it could be a challenging case. You're looking at demonstrating damages that might... Read more »

3 Answers | Asked in Trademark for District of Columbia on
Q: How do I contact a trademark holder to speak with him/her about buying his/her trademark?
Joanne Belasco
Joanne Belasco answered on Aug 7, 2020

You can look up any federally-registered trademark at the USPTO site, www.uspto.gov. Once you find the trademark, you can click on the registration number to find who owns the trademark, and that person's or company's contact information.

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1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Since of COVID, does my landlord have to require me to disinfect the property when I move out?
Steven Krieger
Steven Krieger answered on Jul 29, 2020

You have the same obligations to clean the property pursuant to your lease, but the landlord cannot require to do anything additional.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Upstairs apartment leaked human wastewater into my apartment kitchen. What is my landlord's responsibility?

I have asked for a plumber - they are using a jack of all trades. I have asked to move into another empty unit, with the move fee waived - denied. I have asked for alternative accommodations until the repair and clean up is completed - denied. I have asked for a break in the rent, since the... Read more »

Steven Krieger
Steven Krieger answered on Jul 27, 2020

In DC, you're able to withhold rent for housing code violations and wastewater coming into your unit seems to qualify. The landlord may take you to court and you'd have to explain the housing code violation, but this is a viable remedy for you.

1 Answer | Asked in Business Formation and Business Law for District of Columbia on
Q: Changing from sole proprietorship to LLC: do I need to get my clients to re-sign their contracts with me?
Mark Oakley
Mark Oakley answered on Jul 26, 2020

If your written client contracts do not prohibit assignment of the contract to others (standard boilerplate provisions often are included that do), then you can simply notify all clients that you have formally organized your business as an LLC and have assigned all existing contracts to that... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Got RFE for I693 saying my previous medical wasn't done by an approved civil surgeon, but he was approved at the time.

I responded to RFE with a new medical exam within the timeframe, but if he was on the approved list at the time I first got medical exam done is there any action I can take to speed up my case? I had to pay another $500 out of pocket for redoing something I had previously done correctly. The RFE... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 22, 2020

You should have responded with proof of the MD's qualifications. however, since you already went ahead and spent the $500.00 there is nothing you can do. Your case may be placed in it original place in line if you submit the foregoing now.

2 Answers | Asked in Trademark for District of Columbia on
Q: Can I register the Trademark "No Fear"?

I want to start a hat company and name the company No Fear. Can do I that?

William Scott Goldman
William Scott Goldman answered on Jul 9, 2020

Most likely not as that could be considered a 'famous trademark' with an existing registration. But for a greater level of certainty, you may consider requesting a full trademark search and legal opinion. Please call or email with any further questions.

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1 Answer | Asked in Civil Litigation and Civil Rights for District of Columbia on
Q: Is a law firm responsible and liable for their attorney's misconduct?

I hired a lawyer that can practice in DC, however, his firm is based in Atlanta, Georgia. This lawyer lied, filed documents without my consent, and disappeared by not responding to emails and text messages, etc. and my case was just dismissed due to his erratic behavior.

I reached out to... Read more »

Steven Krieger
Steven Krieger answered on Jul 2, 2020

It sound like you may have a legal malpractice claim against the firm. Without more details, it's hard to provide more information, but it's certainly worth exploring and I'm sure anyone who responds would be happy to help if you decide to engage an attorney. Good luck.

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