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Idaho Questions & Answers
1 Answer | Asked in Bankruptcy for Idaho on
Q: I AM BEING SUED FOR A CREDIT CARD BILL FROM 13 YEARS AGO HOW DO I DISPUTE THIS
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

This is not a bankruptcy question; however, it sounds like the Statute of Limitations has expired. I would suggest you speak with an attorney in your area and/or do a Motion to Dismiss, citing the Statute of Limitations. Keep in mind that the counting of the toll date goes from the last payment,... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: I'm listed as a claimant on a bankruptcy - how do I get a copy of the filing
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Idaho on
Q: How do i find someone who is filing bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Contracts for Idaho on
Q: If you rent a boat, which party is responsible for equipment failure and storm-related damages?
Zaher Fallahi
Zaher Fallahi
answered on Nov 18, 2013

This depends on the terms of the rental contract. Generally, ordinary tear and wear in the regular course of business may be borne by the owner. If storm was reasonably expected in the area and under the circumstances, this may be covered by the owner. Read the fin lines of the contract and consult... View More

1 Answer | Asked in Intellectual Property for Idaho on
Q: I want to buy a trademark, that has been cancelled in 2006. Can I just apply to buy it or do I notify the previous owne
Bradlee R. Frazer
Bradlee R. Frazer
answered on Apr 23, 2013

In the U.S., trademarks exist, or not, without regard to the status of a registration. So, even if the federal registration has been cancelled, as I infer from your question it has been, if the owner of the mark is still using it, you would need to acquire the mark and the good will from the... View More

1 Answer | Asked in Land Use & Zoning for Idaho on
Q: How to get land owned and taxed by us back from neighbors who farms it. He refuses to meet with us to discuss usage.
Timothy V. Kassouni
Timothy V. Kassouni
answered on Dec 20, 2012

If your neighbor refuses to discuss the issue, your remedy would typically involve a claim to quiet title to the property in question. You would argue the land is yours and you have the right to use it. However you can expect the neighbor to argue that he has a prescriptive easement to continue... View More

1 Answer | Asked in Car Accidents for Idaho on
Q: If you are going over the speed limit by 5 miles and hit someone and kill that person will u be charged w/manslaughter
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 23, 2012

Many factors go into the decision the prosecutor makes when deciding what charges to file. (For example, was it dark and was the person hit jaywalking? Was the driver texting or talking on his cell phone? etc.) If you are asking about your own personal situation you should seek an experienced... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: I made a mistake when i filed CH 7, So,at Creditors meeting,I just found out i filed blank Sch C, what to do??

I don;t know, i called the clerk at the court, but she said ask the trustee, they said I left SCH C totally blank, but, it was amended-How do i correct this? Is there a court form, or amendment i can file, even tho it is after my creditor meeting?

Andrew Bresalier
Andrew Bresalier
answered on May 30, 2012

You can still file an amendment. File an Amended Schedule C, along with a Declaration. These are standard forms, the same as you originally used, just add the word "Amended".

1 Answer | Asked in Bankruptcy for Idaho on
Q: My ex filed do i become resposible for the debt
Andrew Bresalier
Andrew Bresalier
answered on Jan 9, 2012

Only if you were joint on the account(s).

1 Answer | Asked in Bankruptcy for Idaho on
Q: My ex filed bankruptcy, we still had some joint accounts. do i become responsible for the whole balance or just my half
Andrew Bresalier
Andrew Bresalier
answered on Jan 9, 2012

Unfortunately, the whole balance. Unless as part of your Divorce your Ex was to be responsable and it held that this was in the nature of support, then you can seek indeminification.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Do you have to enlist an attorney to file bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

A Natural Person (vs. a business entity) can represent themselves in court; however, bankruptcy is a very complicated area of law, involving a combination of Federal Procedures and State Laws. So, an attorney is recommended, though not required.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Can I Withdrawl my Chap. 7 Bankruptcy after it has been filed? I live in Idaho.
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If you do not show up for the Meeting of Creditors and have no unexempt property, you case will be dismissed with prejudice, upon motion of the Trustee. This means you cannot file an other case for six (6) months. If you have already had your hearing, you must motion the court to have the case... View More

1 Answer | Asked in Tax Law for Idaho on
Q: If dissolving LLC in dec 2010 do still need to file taxes for 2010?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

I cannot comment on state law, but federally, the need to file return is necessary if income was generated in excess of certain amounts. Last I checked, the amount was $600. You may want to file a return to claim certain deductions even though a return may not be required.

1 Answer | Asked in Family Law and Divorce for Idaho on
Q: Im the husband. im dissabled for i have m.s. my wife asked for a divorce i dont workcan i get suport from her 25 yearsm
Patrick Kershisnik
Patrick Kershisnik
answered on Jan 27, 2011

Idaho allows for spousal support in certain circumstances. Idaho Code 32-705 says that support can be awarded if one party lacks sufficient property with which to provide for their reasonable needs AND is unable to support themselves through employment.

You can always ask for support and if...
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1 Answer | Asked in Family Law for Idaho on
Q: I broke up 10 days b4 wedding, my fiances parents atty sent me a demand for the cost of their flights, do i pay or ignor

10 days before I was to get married, i realized it was a big mistake. I broke off the engagment and my fiance's parents' atty sent me a demand letter for the cost of their flights (and their 6 kids flights) as well as rental car cost for 10 days to me... i do not think they even tried... View More

Patrick Kershisnik
Patrick Kershisnik
answered on Jan 27, 2011

Firstly, I think you should respond to their letter and tell them that their claim is unsubstantiated. You did not make or require that they purchase the tickets or the car rental in the first place. They did that on their own accord and for their daughter's wedding. I would also mention... View More

1 Answer | Asked in Internet Law for Idaho on
Q: Would objecting to a subpoena in a civil IP case help me in any way?

My phone company notified me that my IP address was identified in a subpoena in a civil intellectual property case; I have the option to object to the subpoena (thru Qwest, the phone company) before January 31st. What are the pros/cons of objecting? Does the fact that a subpoena was issued mean a... View More

Timothy James Walton
Timothy James Walton
answered on Jan 7, 2011

Objecting in your own name may be pointless if the purpose of the subpoena was to discover your identity. You could hire an attorney to do a John Doe objection to protect your identity while objecting. Main drawback is the effort and expense.

Not objecting almost guarantees that your phone...
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1 Answer | Asked in Domestic Violence for Idaho on
Q: What is assult and what is battery
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Dec 28, 2010

Assault is putting someone in fear of being actually hit.

Battery is the actually hitting of a person.

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