Kansas Questions & Answers

Q: I took a loan on 401K and am paying it back out of check. What happens in chap 7?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Oct 19, 2018
David Adams' answer
A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset to pay off the loan.

Q: I had a 3rd DUI 4 years ago in Johnson County, Kansas. Is there a statute of limitations in KS?

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Oct 17, 2018
Brian Leininger's answer
The SOL is five years. First you want to make sure you didn’t miss a court date and there is a warrant for you. You can call the JOCO Sheriff’s Office for this. I have seen DUI cases in which there was a blood or urine sample sent to the lab that have taken years to get charged. There is no good reason for this. It’s also possible you have fallen through the cracks. The best option is to wait. You don’t want to ask a bunch of questions and cause them to look.

Q: I am 12 days late on 350 rent. My landlord is telling me over the phone among other nasty things i have 24 hrs to leave.

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Oct 14, 2018
Salim U. Shaikh's answer
24 hours eviction notice over phone is not admissible. You must consult Attorney of your local jurisdiction to obtain Restraining Order from court in case your LL take any illegal step.

Q: As a guest of a hotel does a person have any legal rights to stay if the hotel wants to kick them out

1 Answer | Asked in Arbitration / Mediation Law for Kansas on
Answered on Oct 8, 2018
Thomas A. Grossman's answer
My best guess is that the hotel has the right to ask you to leave, if -- in their opinion -- you are disruptive and/or an annoyance to other hotel guests. If they do ask you to leave, they must return to you any unused rental payments you have made for your stay.

Q: If you give tenant 30 day notice

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Oct 4, 2018
Salim U. Shaikh's answer
As a general principle of law, notice will start from 1st day of month and expire on the last day of month even delivered a day before or on 17th. If lease is silent, LL may agree to charge prorated rent after expiry of notice till tenant move out or likewise charge rent for the whole month even against few days over-stay.

Q: Can I sue a fast food company for the after effects of an order?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Oct 2, 2018
Peter Munsing's answer
You may sue someone for anything but you wouldn't be awarded anything under the circumstances you have outlined, or it would be so low--what you paid--that it wouldn't be worth it.

Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Oct 2, 2018
Peter Munsing's answer
Possibly both depending on the circumstances. The gentleman should contact a member of the kansas Assn for Justice--they give free consults.

Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Sep 30, 2018
David Adams' answer
The landowner and/or the tenant of the property would likely have some liability if there was an electrocution risk on the property. Talking to an attorney sooner than later would be recommended. The value of any claim is connected to a number of factors including the nature and extent of the injury. I'd be more than happy to discuss the matter further.

Q: I cosigned my daughters student loan, I don't want her to know that I am filing bankruptcy. Can I keep that loan out?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Sep 25, 2018
Timothy Denison's answer
No. You must include all of your debts as well as giving notice to your daughter as a codebtor.

Q: How do I find out if my brother and I are named beneficiaries in our grandmas estate if my uncle won’t produce a will?

1 Answer | Asked in Estate Planning and Probate for Kansas on
Answered on Sep 25, 2018
Michael Hales' answer
I recommend retaining an attorney to communicate with your uncle if he continues to ignore your requests.

Q: Where would I list bill contribution/rent-type payments made monthly on the Bankruptcy documents?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Sep 24, 2018
Timothy Denison's answer
Schedule J is the appropriate place to list it.

Q: I moved to kansas 4 weeks ago, I was starting to file bankruptcy but did t yet, can I file in ks or must be ny?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Sep 16, 2018
Timothy Denison's answer
Six month residency requirement. In 5 months, you can file in Kansas.

Q: A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Sep 1, 2018
David Adams' answer
Damages for past and future medical expenses and lost wages are unlimited. Damages for pain and suffering may likely be capped in Kansas at $300,000. Punitive damages can be way above that amount depending on the facts. Sounds like your injury was very serious. Liability for the fall still needs to be proven, and if, somehow, the jury found the fall was 50% your fault and 50% the owner of the property, then there would be $0 recovery - so be very careful to get good legal help in the process.

Q: My son fell on very wet stairs at a Hampton Inn in Chicago. Missed work, medical bills, contracted a staph infection.

1 Answer | Asked in Personal Injury for Kansas on
Answered on Aug 18, 2018
Camille Brooks Ibrahim's answer
Give us a call or text us at 855 969-3538. I believe we could assist you further.

Q: If my LLC is sued, is my other property, not in the LLC, protected from any liability?

1 Answer | Asked in Business Law for Kansas on
Answered on Aug 9, 2018
Scott C. Stockwell's answer
If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and capitalized.

Q: Will pre-trial diversion affect my chance at renewing DACA?

1 Answer | Asked in Criminal Law and Immigration Law for Kansas on
Answered on Aug 3, 2018
Hector E. Quiroga's answer
Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA renewal. You’ll want to consult with an immigration attorney to see what your options are.

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