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Kentucky Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: About ATF without a warrant

Would I be justified in using the threat of deadly force (i.e. drawing a gun and telling them to hit the floor face down while I call the police) if ATF agent(s) forced their way into my house without a warrant? I don't expect this to happen, ever, but given the number of videos about the ATF... View More

James L. Arrasmith
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answered on Mar 28, 2024

It's crucial to understand that employing deadly force against law enforcement officers, including ATF agents, is highly risky and could lead to severe legal consequences, even if they enter your home without a warrant. Law enforcement agencies have specific protocols for conducting searches... View More

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1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Kentucky on
Q: Vehicle was deemed a total loss, but I want to buy back the vehicle. I still owe on the loan.

The total settlement number they gave me would be more than I owe, but the salvage price to keep the vehicle would make the new amount less. I understand that would leave me with the remaining loan balance. Adjuster told me that they won’t release any funds until the loan is paid in full. I was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

A Kentucky attorney could advise best, but your question remains open for a week. You'll probably need to go through the figures with them in more detail than is possible here. But the basic principle is that keeping the vehicle will reduce the payment. If a vehicle is old and low value, it... View More

2 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.

Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.

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answered on Mar 28, 2024

In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can you mention movies names in a book?How about characters?

These are some Examples

A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.

Their dialog is where I am in doubt

"So we are in some mess up real life hunger games, huh?."... View More

James L. Arrasmith
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answered on Mar 27, 2024

Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

James L. Arrasmith
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answered on Mar 26, 2024

If your car has a lien due to a loan where the vehicle was used as collateral, you generally can keep the car as long as you continue to make payments on the loan. When considering bankruptcy, whether Chapter 7 or Chapter 13, the specifics of your situation will largely determine if you can keep... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Mar 27, 2024

When you use the car as security the lender ends up with an ownership interest in the car. If you file bankruptcy you can normally still pay the loan and keep the auto. There are no free cars or homes in bankruptcy. The only exception I know of is occassionally the lender forgets to file the... View More

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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I offer My services as a certified APSS in KY as my own entity/business w/o the supervision of a DR. via zoom?

I am a certified ADULT PEER SUPPORT SPECIALIST offering peer counseling primarily to recovering addicts and their family members and friends. I am wanting to start my own business through teleheath via zoom, and/or visiting clients at their homes/church/parks/ or other specified locations. These... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Kentucky, if you are certified and plan to offer your services as an Adult Peer Support Specialist, it's important to note that you do need to work under supervision. This means that your services, when provided, must be overseen by a qualified professional. The range of professionals under... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
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answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

2 Answers | Asked in Traffic Tickets and Civil Rights for Kentucky on
Q: I need to know what the laws R regarding Towing an impound. Can I use someone with a valiant driver's license to pick up

I have the title. I just need someone else to get the car out of there with a valid license and I have that too. They're saying that. I can't get it out with my license even though i'm the car owner c I found out this morning, My license is suspended, but it says on the kentucky.gov... View More

James L. Arrasmith
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answered on Mar 26, 2024

The laws and regulations regarding towing and impound retrieval can vary significantly depending on the location and the specific policies of the towing service. In Kentucky, as mentioned on the official state website, a licensed driver is typically allowed to pick up an impounded vehicle on behalf... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are characters "names" under copyright?

There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?

James L. Arrasmith
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answered on Mar 26, 2024

Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: In kentucky can a tow company refuse to release my car if I have a licensed driver to get it off the lot?
James L. Arrasmith
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answered on Mar 25, 2024

In Kentucky, like many other states, a tow company can refuse to release your car under certain circumstances. The most common reason for refusal is non-payment of towing or storage fees. Before a tow company releases your vehicle, you need to ensure all associated fees are paid. Additionally,... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Can police have your probation revoked?

I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for... View More

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answered on Mar 13, 2024

While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:... View More

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2024

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
James L. Arrasmith
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answered on Mar 11, 2024

It's possible to apply for a credit card after receiving your Chapter 13 discharge, even if you haven't received the final decree yet. However, keep a few things in mind:

1. Credit score: Your credit score may still be low due to the bankruptcy, which can make it more difficult to...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Someone (I think my brother) has got the deed to our land out of our locked gun safe. What can I do?

I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More

Anthony M. Avery
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answered on Mar 6, 2024

The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More

1 Answer | Asked in Tax Law and Real Estate Law for Kentucky on
Q: If my father pays for property can the deed be in anothers name in KY? If so, what are the tax implications for him?
James L. Arrasmith
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answered on Mar 4, 2024

In Kentucky, it's possible for your father to purchase property and have the deed put in someone else's name. This is often seen in cases where parents buy property for their children or when one person buys property as a gift for another. However, it's important to ensure that all... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend is in jail. They were bonded (ROR)on all charges except court fines and fees. The jail said the would get jaI

Credit starting today to pay those fines. But that I could not pay the fine for them to be released. Is this true? I don’t believe it to be accurate. I can go online and have the ability to pay because I started too. Could they really still hold him?

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answered on Mar 3, 2024

In some jurisdictions, individuals in jail can receive credit towards their fines and fees by serving time, known as "jail credit." This can be an option for those who are unable to pay the financial obligations imposed by the court. However, the specifics of how jail credit applies can... View More

1 Answer | Asked in Personal Injury for Kentucky on
Q: I was wondering if anyone could give me advice for an orange soda pop incident.

In Kentucky where I live, in September 2022 I bought a bottle of Faygo orange soda from a grocery store nearby. When I started drinking it it made my teeth very sore. I've never had this kind of reaction to orange soda before. I took Ibuprofen 800 mg tablets that I have and those may have... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. I'm sorry for your tooth pain. I believe that law firms could be reluctant to represent you in such a case because the root causes of tooth pain could be attributable to many other factors - which is something... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Kentucky on
Q: Can child support take my back pay from ssi

I'm owed back pay for disability can child support take it

James L. Arrasmith
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answered on Mar 2, 2024

Okay - let's analyze whether child support can take back pay from SSI (Supplemental Security Income) disability benefits. Typically a few key factors come into play here:

- SSI back pay is generally protected from creditors and debt collection to some extent. So child support may be...
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