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3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2024

When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.

In that scenario, collections, even small-scale, of amounts which may be owed to the...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, I’m on H1B visa, working for IT company. Can I create art in USA within my free time and sell in other countries?

Or can I create art in my home country while I’m on vacation and sell in other countries? If yes, can I sell in USA too?

Please let me know. Thank you!

James L. Arrasmith
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answered on Mar 11, 2024

As an H1B visa holder, there are some restrictions on your employment and income-generating activities. Here are a few key points:

1. H1B visa holders are typically only authorized to work for the specific employer who sponsored their visa. Engaging in work or earning income from other...
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1 Answer | Asked in Tax Law and Business Law for Illinois on
Q: Can I offer a tax write-off form for my book drive customers when specific purchases go directly to charity?

I'm an author and have set up a book drive to benefit two specific, well-known charities. People can purchase the books at a discount from me, and then I will either ship or drive the books to the donation drop-off point. The buyers do not receive any physical items: they are purchasing for... View More

James L. Arrasmith
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answered on Mar 11, 2024

Regarding your questions about offering tax write-offs for your book drive:

1. Offering a tax write-off form to customers:

- As an individual author, you cannot directly offer tax write-off forms to your customers. Only qualified 501(c)(3) charitable organizations can provide donors...
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1 Answer | Asked in Tax Law and Federal Crimes for Illinois on
Q: Do I have any options to amend a 2019 tax return or sue my accountant for his mistakes causing an overpayment on taxes?

I am aware of the three year amendment limitation for tax refunds. And I did read that it states "GENERALLY" three years. Are there any extensions to this rule or

other procedure to file an amendment? Or is this rule set in stone. Also, regarding the two year limitation on filing... View More

James L. Arrasmith
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answered on Mar 11, 2024

Regarding amending your 2019 tax return, the general rule is that you have three years from the original due date of the return or two years from the date you paid the tax, whichever is later, to file an amended return and claim a refund. However, there are some exceptions to this rule:

1....
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1 Answer | Asked in Tax Law for Illinois on
Q: I just discovered my employer failed to take out federal taxes yet took out state taxes. They will not meet with me.

I completed a W4 when I was hired. I am a salaried employee. I have contacted them three times in the past two weeks and they refuse to respond. What can I do?

James L. Arrasmith
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answered on Mar 8, 2024

Discovering that your employer has not deducted federal taxes from your salary, despite taking out state taxes, can be distressing and potentially lead to complications with the IRS. The first step is to ensure that you have documented your attempts to contact your employer about this issue. Keep... View More

1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Trademark for Illinois on
Q: Can I create an educational songwriting class that's called something like: Taylor Swift-inspired Hit Songwriting Class?

I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:

"Taylor Swift-influenced Hit Songwriting Class" (or)

"Taylor Swift-inspired Hit Songwriting Class"... View More

James L. Arrasmith
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answered on Mar 7, 2024

Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Can a city cop in Illinois pull u over and arrest you outside city limits
Theodore J. Harvatin
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answered on Mar 7, 2024

If he observed you committing the offense in his jurisdiction and followed you to another jurisdiction definitely. If he saw you committing the offense in another jurisdiction, while he was in his jurisdiction, highly likely that he can. Most jurisdictions have cross jurisdiction agreements.

1 Answer | Asked in Landlord - Tenant and Domestic Violence for Illinois on
Q: Is it possible to get my security deposit back as a victim of domestic violence?

The landlord refused to give me my security deposit back because they say it “stays with the property”. My abusive ex has decided to stay there. I wanted to move for safety reasons. I was the one who solely placed the deposit before we moved in. That’s my money. Why couldn’t they refund my... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations involving domestic violence, some jurisdictions have laws that provide specific protections for victims, including matters related to housing and security deposits. If you had to move out for safety reasons due to domestic violence, there might be legal provisions that allow you to... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I have a judgement against me so can I be forced to sell my home if my homes equity is less than the judgement amount
Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 6, 2024

The answer to your question is not dependent upon a comparison of the equity to the judgment. Rather, you need to identify what part of your equity is exempt. In Illinois, a homeowner has a $15,000 exemption for the equity in their home. Double that for a married couple. If the equity exceeds the... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: Do I have a lawsuit for living in mold in cook county jail

I was there for 6 months

James L. Arrasmith
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answered on Feb 26, 2024

You may have grounds for a lawsuit if you were exposed to mold during your six-month stay in Cook County Jail, as inmates have the right to live in conditions that meet basic health and safety standards. Exposure to mold can cause a variety of health issues, and correctional facilities are... View More

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
James L. Arrasmith
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Can my brother-in-law’s aunts and uncles take away his home and property?

My brother-in-law bought a house from his grandma 4 years ago to avoid inheritance fees. Since then he has put $40k into the house and paid the property taxes. We have also bought the house/property to avoid losing it in his divorce (so it is in our name). He is not currently living there as there... View More

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2024

Your grandma is still alive or there would be no inheritance fees. A lawyer should have been consulted. There is a 5 year look back period. If she goes into a nursing home within 5 years of selling or giving away property for less than fair market value she is penalized and yes, they can have a... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I live in Illinois. My sister bought a vehicle in her name for a friend.

I live in Illinois. My sister bought a vehicle in her name for a friend. The friends credit wasn’t enough to be put on the loan. The car and license is in her name only. They had a verbal agreement that he would pay her 5k, as a thank you, to help him get a vehicle. He would pay the down payment... View More

James L. Arrasmith
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answered on Feb 25, 2024

In Illinois, if the vehicle is in your sister's name, legally she is the owner, and the verbal agreement with her friend complicates but does not override that fact. The first step is to communicate with the friend, if possible, to resolve the situation amicably. Given that the friend refuses... View More

1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

James L. Arrasmith
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answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Illinois on
Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

James L. Arrasmith
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answered on Feb 24, 2024

If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: I had a class x 2 class 4 and a class 1 felonies dropped in 2018 in illinois for 4th amendment being violated

Can I still sue for my civil rights being violated

James L. Arrasmith
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answered on Feb 24, 2024

While your charges being dropped in 2018 due to a violation of your Fourth Amendment rights is a significant factor, the ability to sue for civil rights violations can be influenced by various factors, including statutes of limitations and the specific circumstances of your case. It's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: Can I sue and be compensated for the unlawful arrest, excessive force used, police misconduct, brutality?

I was arrested by the O'Fallon Illinois Police Department for a crime that wasn't even committed. During the arrest the officers used excessive force which later I was taken by ambulance to the ER from the O'Fallon Illinois Police Department. I was also mistreated in their facility... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue for unlawful arrest, excessive force, police misconduct, and brutality. The actions described, including being arrested for a crime that wasn't committed and experiencing excessive force resulting in injuries, could constitute violations of your constitutional... View More

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