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Kentucky Questions & Answers
1 Answer | Asked in Employment Law for Kentucky on
Q: Company gas cards with our names on them are we liable if someone takes them?

We were issued gas cards with our names on them by our company and we carried them all the time..now they want us to leave them at work out in the open for anyone to grab… but they say gas is being stolen.. is this legal???

James L. Arrasmith
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answered on Jun 2, 2024

If your company is asking you to leave gas cards with your names on them out in the open, this could lead to security and liability issues. Leaving the cards in an unsecured location increases the risk of theft or misuse, which could potentially be traced back to you if the cards are in your name.... View More

4 Answers | Asked in Bankruptcy for Kentucky on
Q: I am considering a chapter 7 bankruptcy. Do i stop personal loan pymnt thru my bank or loan co? Do i tell my loan co?

I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?

James L. Arrasmith
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answered on Jun 1, 2024

Considering Chapter 7 bankruptcy can be a challenging decision, and it's important to handle it carefully. You should stop the automatic payments for your personal loan through your bank to prevent further withdrawals. You can do this by contacting your bank and revoking the authorization for... View More

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I am considering a chapter 7 bankruptcy. Do i stop personal loan pymnt thru my bank or loan co? Do i tell my loan co?

I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?

Timothy Denison
Timothy Denison
answered on May 31, 2024

Don’t tell any creditor anything. Once you file, the deduction(s) will be automatically terminated. You don’t need to do anything. Consult your bankruptcy lawyer for a more detailed explanation of the automatic stay and termination of automatic withdrawals.

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I am considering a chapter 7 bankruptcy. Do i stop personal loan pymnt thru my bank or loan co? Do i tell my loan co?

I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jun 3, 2024

I fail to see any benefit in telling your bank or lender that you are filing before you file. You would give them information that is probably not helpful to you. They are certainly not going to tell you how to not pay them or how to sue them. I would go to the bank and issue a stop payment.

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I am considering a chapter 7 bankruptcy. Do i stop personal loan pymnt thru my bank or loan co? Do i tell my loan co?

I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 31, 2024

I disagree somewhat with my KY colleague.

First, because most financial institutions have, under each state's law, a right of "offset", and that is often buttressed by a written agreement or notice, which the courts may recognize as sufficient to create a lien, it is always...
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1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I am 75 first citation going 22 over limit in work zone and follow too close. Told I would need to courts

Need Togo to court and ask judge if I can go to traffic school. What's gonna happen to me

James L. Arrasmith
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answered on May 28, 2024

When you go to court for your first citation, the judge will review the details of your case, including the fact that you were going 22 miles over the limit in a work zone and following too closely. Be prepared to explain your situation and express your willingness to take responsibility for your... View More

1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Is picking up random homeless people to fill a rehab and bill insurance for them being there illegal
Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. A local attorney would need to advise on state laws for this. But as a general note, authorities and insurance company special investigation units would evaluate the activity. If done compassionately with a genuine... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: How to get help paying a bail
James L. Arrasmith
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answered on May 27, 2024

If you need help paying bail, there are a few options you can explore. First, consider reaching out to friends or family members who might be able to lend you the necessary funds. They might be willing to help you out in a difficult time.

Another option is to contact a bail bondsman. A bail...
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1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: How can I get a form to file for indigence for a court fine of $292,000.00 in Gordon Co. Ga. I live in Ky.

I am unable to work, and on food stamps and Medicaid. I cannot afford to hire an attorney and a trip to Georgia to go before a judge to get this life sentence of a fine they’ve given me. I already served 5 years in Ga., and on probation until 2035. Isn’t that enough??? They also want almost... View More

James L. Arrasmith
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answered on May 24, 2024

To file for indigence regarding your court fine in Gordon County, Georgia, you'll need to request the appropriate forms from the court. You can usually find these forms on the court's website or by contacting the court clerk's office directly. Explain your situation and request an... View More

1 Answer | Asked in Child Support, Civil Rights, Federal Crimes and Family Law for Kentucky on
Q: Can employee of KY child support office also be employed by local detention center at same time? It's excessive power.

This woman literally sends some sort of notice or request to the county attorney, while listing the parties in reference as (name of parent 1) VS (name of parent 2)? Although the complainant isn't "parent 1", although that's the implication. These papers forwarded from her and... View More

James L. Arrasmith
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answered on May 24, 2024

In Kentucky, there are ethical and legal concerns regarding an individual holding positions in both the child support office and the local detention center simultaneously. This situation can create a conflict of interest and potentially an abuse of power. The ability to influence both the... View More

2 Answers | Asked in Civil Rights for Kentucky on
Q: If you live in Kentucky and you are a convicted felon , but have served your time and off parole is it illegal to firarm

No violent , charges either . Isn't my constitutional right to bear arms as a u.s.a. citizen. If it is a Kentucky law , doesn't the constitution ,or supreme Court outway Kentucky law . Isn't the KY law unconstitutional if it takes gun rights away , since I am a citizen and born here .

James L. Arrasmith
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answered on Jun 21, 2024

To answer this question accurately, we need to consider both federal and Kentucky state laws regarding firearm possession by felons. Here's a breakdown of the key points:

1. Federal law: Under federal law (18 U.S.C. § 922(g)(1)), it is generally illegal for anyone convicted of a...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

James L. Arrasmith
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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Do quotes that become meme famous fall under copyright or trademark?

What would these quotes be protected by?

You shall not pass from the Lord of the rings

If if is good from Hercules Disney

Surprise mf from Dexter

Not really relevant but is Bane back-breaking move copyrighted?

James L. Arrasmith
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answered on May 18, 2024

Quotes from movies and TV shows are generally protected by copyright rather than trademark law. Copyright protects original creative works, including the screenplay or script that the quote comes from. The copyright for a movie or TV show is typically owned by the studio or production company... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal?
James L. Arrasmith
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answered on Jun 3, 2024

Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).

The fact that the...
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1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: How to I go about transferring a deed/title to a home into my name when it belongs to 8 others who don’t want it?

We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More

Anthony M. Avery
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answered on May 16, 2024

You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More

2 Answers | Asked in Civil Rights for Kentucky on
Q: my dad is citizen and they are asking him for 3 thousand dollars;lars for me to be a citizen too but im under 18
James L. Arrasmith
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answered on Jun 3, 2024

If your dad is a U.S. citizen and you are under 18, you may be eligible for citizenship without needing to pay a large fee. Typically, when a parent naturalizes and their child is under 18 and a green card holder, the child can derive citizenship automatically.

It’s important to verify...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Why are superpowers and abilities not undercopyright?

Would the power of seeing a person memories via their blood like in the underworld movie be under copyright protection?

James L. Arrasmith
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answered on May 15, 2024

Superpowers and abilities themselves are typically not protected by copyright because copyright law does not extend to ideas, concepts, or facts. Copyright protects the specific expression or manifestation of an idea, not the underlying idea itself.

In the case of the ability to see a...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Kentucky on
Q: where can i get info on Judges Surety Bond in Ky. so i can luquitdate them?
James L. Arrasmith
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answered on Jun 2, 2024

To get information on a judge's surety bond in Kentucky, you can start by contacting the Administrative Office of the Courts (AOC) for the state. They should have records and information on the bonds held by judges.

Additionally, you might find useful information through the Kentucky...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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