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Kentucky Questions & Answers
1 Answer | Asked in Civil Litigation for Kentucky on
Q: Built fence in Bullit Co. I live in Oldham Co ky. Was served civil summons for Bullit co. Can I dismiss for jurisdiction

my husband built a fence for someone he’s a handyman in another county. He should be served in his county since he’s not acting as a business correct? Can file a motion to dismiss due to lack of jurisdiction?

Timothy Denison
Timothy Denison
answered on May 15, 2024

You can file the motion to dismiss but likely Bullitt is a proper venue as the work was performed there and at least some of the evidence is there. Most likely will be heard in Bullitt County rather than Oldham.

2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

James L. Arrasmith
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answered on May 16, 2024

To find out what happened to your grandparents' business and assets after they passed away, you can take the following steps:

1. Obtain a copy of their death certificates from the vital records office in the county where they died.

2. Search for probate records at the county...
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2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

Timothy Denison
Timothy Denison
answered on May 15, 2024

Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
Nick Curtis Thompson
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Nick Curtis Thompson
answered on May 12, 2024

Absolutely, this is a problem. You gave her your ownership interest in the car. You have some exemptions that allow you to keep your car. But if you give property away before filing, it becomes a fraudulent transfer, and you now have no exemption that allows you to keep the auto. The auto is no... View More

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 11, 2024

Every case has context, i.e., a broader factual picture.

In your case, if you file for bankruptcy relief within the next two years, under the Bankruptcy Code, a trustee can look back and recover any transfer of property/value and recover that if the value lost is large enough to merit the...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
James L. Arrasmith
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answered on May 11, 2024

Based on the information you provided, it seems unlikely that being temporarily on your mother's car title from 2022 to April 2024 would be a significant issue in a bankruptcy case, especially if you were removed from the title prior to filing. However, a few considerations:

1. Timing:...
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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

.

James L. Arrasmith
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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I was pulled over and got a traffic citation with a court date it’s been 3 weeks since and I haven’t received any mail

I know someone that was pulled over 3 days after I was and they received something in the mail about their court date about a week ago but I haven’t. Do I need to show? What happens if I don’t show?

Anthony M. Avery
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answered on May 7, 2024

Call the County Court where you were stopped and see if there is a charge against you. If near a City then also call that City Court. Your Citation should tell you what Court your are charged in and what the Docket # is. If you miss Court then your license will be suspended or you will be... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are ideas truly non-copyright?

In some movies vampires use sunscreen. Is this act alone worthy of copyright? Vampire using sunscreen or magical ring or is not creative enough for it?

Cause I would to use a vampire sunscreen.

James L. Arrasmith
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answered on May 5, 2024

Ideas themselves are not protected by copyright, but the specific expression of those ideas can be. This is a fundamental principle of copyright law.

In the case of a vampire using sunscreen, the general concept alone would not be copyrightable. The idea of a vampire protecting themselves...
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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

James L. Arrasmith
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answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

1 Answer | Asked in Constitutional Law for Kentucky on
Q: Is it legal for an 18 year old in the state of Kentucky to open carry a hand gun
James L. Arrasmith
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answered on May 1, 2024

In Kentucky, if you are 18 years old, you are legally permitted to open carry a handgun. The state does not require any specific license for open carry for anyone who is legally allowed to possess a firearm. However, it's important to be aware of the restrictions and responsibilities... View More

1 Answer | Asked in Insurance Bad Faith for Kentucky on
Q: Should i sue my auto insurance?

I was in a automobile accident 90 days ago. I have State Farm insurance comprehensive and collision. I have went back and forth about my injury and the fair market value. I went to the doctor about hip and back hurting . The dr wanted me to have a mri . Went i went to my appointment they informed... View More

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

A Kentucky attorney could advise best, but your question remains open for a week. Try to set up a free consult with a Kentucky attorney who handles such cases. Your doctor may need to work with you on the denial of the MRI. MRIs are big-ticket items, at around $1,000 a pop for cervical or lumbar... View More

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Juvenile Law for Kentucky on
Q: Does a substantiated DCBS case for Abandonment & Supervision Neglect automatically place me on the Child Abuse Registry?
James L. Arrasmith
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answered on May 1, 2024

When a case involving abandonment and supervision neglect is substantiated by DCBS (Department for Community Based Services), it's understandable to be concerned about the implications, such as being placed on the Child Abuse Registry. The impact of a substantiated case can vary based on... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2024

A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
James L. Arrasmith
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answered on Apr 19, 2024

In Kentucky, once you've filed for bankruptcy, it's generally difficult to stop the process completely, especially if you have already filed the petition with the court. The decision to reverse a bankruptcy filing depends heavily on how far along the process is and the chapter under which... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I have several issued copyrights on the topic of Autonomous taxi ride services, coupons, discounts and promo codes etc

Would these companies have to get permission from me before offering these promotions and advertising and marketing materials to the general public?

Especially if they use the word autonomous, Robotaxi, or self driving ride service in there promotion of a near futuristics service.... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you've provided, it's difficult to say definitively whether these companies would need to obtain permission from you before offering promotions and advertising materials related to autonomous ride services. The answer depends on several factors:

1. The...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Kentucky on
Q: Do trademark prevent people from mentioning their brand at all in a story?

For example

If someone wrote a story, would he be in trouble if he wrote

Lorraine cherish her chevrolet silverado she got from her late father. As well as her Gameboy from her departed sister. The old xbox, which was a trade for a psp, she got from her cousin no longer works but... View More

James L. Arrasmith
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answered on Apr 18, 2024

In general, simply mentioning trademarked brands in a story would not be considered a violation of trademark law. Trademarks are designed to protect brands from being used by others in a way that could confuse consumers about the source of a product or service. However, when a trademarked name is... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

James L. Arrasmith
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answered on May 1, 2024

If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: while.filing taxes if i am non resident alien(f1-student)in one state. And i worked in that state and moved to different

State in the middle of the year. Do i count as non resident as part year residency?

James L. Arrasmith
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answered on Apr 15, 2024

As a non-resident alien (F-1 student), your residency status for state tax purposes may vary depending on the specific state laws. In general, most states consider you a resident if you live in the state for a certain period of time (usually more than 183 days) or if you maintain a permanent place... View More

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