Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Questions & Answers
4 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 bankruptcy over 10 years ago. Safe from any personal lawsuits? Or is statue of limitations involved?

Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2024

Based on the information you provided, it is unlikely that the bankruptcy court would be able to take the small award from your 2024 personal injury lawsuit. Here's why:

1. Timing: You filed for Chapter 7 bankruptcy in 2013, and the bankruptcy was discharged the same year. The personal...
View More

View More Answers

4 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 bankruptcy over 10 years ago. Safe from any personal lawsuits? Or is statue of limitations involved?

Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 28, 2024

My colleague, Mr. Siegel, is right as far as he goes, but,

a bankruptcy discharge works holders of claims that existed prior to the bankruptcy filing, not those that happened afterward. And, the bankruptcy discharge works on claimants named by you as the debtor in the bankruptcy. If, for...
View More

View More Answers

1 Answer | Asked in Divorce and Family Law for New York on
Q: Can you be legally married in 2 places?

My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?

John Michael Frick
John Michael Frick
answered on May 28, 2024

Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More

2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: I would like an Esq. to let me know if my case has merit.

As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k

Maurice C

Brian Greben
PREMIUM
Brian Greben
answered on May 28, 2024

Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More

View More Answers

1 Answer | Asked in Social Security for New York on
Q: I'm on ssdi if my ssdi ceases and file for ss how much would I lose. Do they pro rate what I was getting on ssdi

Does ss just take what I was making and pro rate that? Also Medicaid picks up my part b if I make it to fra with no problems when it switches to SS will medicaid still pick up part b. Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024

When you transition from SSDI (Social Security Disability Insurance) to regular Social Security retirement benefits, the amount you receive may change. Here's what you need to know:

1. Benefit amount: Your Social Security retirement benefit is calculated based on your average indexed...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: can I dismiss a case if I called the police and the police already sent paperwork to the court

It’s about my gf throwing a knife at me but she didn’t mean to and I wasn’t hurt the police took the knife but they never found my gf

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

Once the police have filed paperwork with the court, the case becomes a legal matter and is no longer solely under your control. Even if you weren't hurt and believe your girlfriend didn’t mean to throw the knife, the decision to dismiss the case lies with the prosecutor, not you. They will... View More

1 Answer | Asked in Immigration Law for New York on
Q: 1. Is a requirement for political assylum to request assylum in a third country first prior to requesting in the U.S.?

1. Is a requirement for political assylum to request assylum in a third country first prior to requesting in the U.S.?

2. Is a requirement for political assylum to request an appointment for a request for assylum via the government CBP One APP?

3. Can someone ask for political... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024

When seeking political asylum in the U.S., there is no requirement to first request asylum in a third country. You can directly seek asylum in the U.S. if you meet the criteria for a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or... View More

1 Answer | Asked in Immigration Law for New York on
Q: What is the form or content of a request addressed to the judge to reopen the asylum clock?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

When requesting a judge to reopen the asylum clock, you need to file a motion to reopen the proceedings. This motion should be clear and concise, detailing the reasons why the clock should be restarted. Include any relevant facts and legal arguments that support your request.

In the motion,...
View More

1 Answer | Asked in Family Law and Immigration Law for New York on
Q: How to locate someone's information, like marital status and properties?

Someone in VA, US sued my friend in China, over a family inheritage matter. She tried to collect more information about the plaintiff for her lawyer. But since the plaintiff's family lives here for a long time, she is wondering how she can collect as much public information as possible? I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

To locate someone's information, like marital status and properties, you can start by searching public records available online. Websites such as the county clerk or recorder's office can provide access to marriage records, property records, and other legal documents. These resources can... View More

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I live in new youl I was selling my junk car with no plates, A man knocked on my door asking if it was for sale

So we negotiated and I sold him the car he gave me 300 in cash and I gave him the title and keys he said he would pick it up later in the week and never came. I don’t have his number or address he only has mine.

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

There's no guarantee, but it might be worth checking with DMV if anyone registered the vehicle with the VIN on the title. That could be the case if they went to DMV to get plates and come back to pick up the vehicle. This is only one possibility. Good luck

1 Answer | Asked in Business Formation and Business Law for New York on
Q: I have a NY Physical Therapy PLLC. Can I also form a separate NY LLC for coaching to see clients outside of NY?

I formed a PLLC for my physical therapy practice in NY. In the NY state PT practice act it states that licensed PTs cannot engage in unlicensed activities as that might give PTs an advantage over other professionals. Other PTs also provide wellness coaching services to clients outside of where they... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

Without having inquired all facts and done proper research in your case, and not making this any form of legal advise, I believe at first glance that if you make it a separate entity and do not commingle with your other entity, there is no prohibition for a licensed professional against engaging in... View More

1 Answer | Asked in Civil Rights and Immigration Law for New York on
Q: How can I withdraw my asylum application in America
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

If you are considering withdrawing your asylum application, I would strongly recommend first consulting with an experienced immigration attorney or an accredited representative from a reputable nonprofit organization that assists asylum seekers. They can advise you on the potential ramifications of... View More

1 Answer | Asked in Immigration Law for New York on
Q: My passport was confiscated at the border 11 months ago. Are there legal procedures to request its return?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

There are a few steps you can take to try to get your confiscated passport back:

1. Contact the agency that confiscated it, such as U.S. Customs and Border Protection (CBP) if this happened at the U.S. border. Inquire about the specific reason for the confiscation and request information on...
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am residing in a rent stabilized apartment which my LL never disclosed to me, can she evict me?

Her relative reached out to me after I confronted her and advised they inter to move in and what to buy me out. Is this legal and what can I do?

Elaine Shay
Elaine Shay
answered on May 21, 2024

In NYC Rent Stabilized tenants have many rights and are generally entitled to the offer of a renewal lease. However, there are certain circumstances where Rent Stabilized tenants may still be evicted, including nonpayment of rent. In addition a landlord may refuse to renew a Rent Stabilized... View More

2 Answers | Asked in Immigration Law for New York on
Q: How can the Asylum Clock be restarted ?

The asylum clock stopped after I attended the hearing in New York immigration court, and when I applied for work authorization, it was denied because of the stopped clock

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

I apologize, but I don't have enough context about your specific case to provide detailed guidance. However, I can share some general information about the asylum clock and how it may be restarted in certain situations.

The asylum clock tracks the number of days after an asylum...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: One of the roomate have not pay the rent . Landloard took us to the court

I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 20, 2024

Dear Manhattan Tenant:

A lawyer's initial inquiry concerns the reasons you had to Answer the Petition and secure a trial date (https://www.nysenate.gov/legislation/laws/RPA/732). Generally, if the petition is not served upon the tenant by personal delivery directly upon the tenant, the...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: One of the roomate have not pay the rent . Landloard took us to the court

I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid... View More

Elaine Shay
Elaine Shay
answered on May 20, 2024

Generally, tenants are jointly and severally liable for rent payments until the vacant apartment is surrendered to the landlord. In plain language this means that whatever agreement roommates may have between themselves regarding how the rent will be share the landlord can look to any of the... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: How can I stop relocation charges from HPD when I fixed my violations? I am being charged for tenants living at shelter.

Hello, I need some assistants as landlord who have been facing relocation charges from HPD for almost about a year now. I need help as a way out of this. HPD has been uncooperative and unwilling to help. I got a violation last year in February from DOB, a vacate order. Which has been fixed and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 19, 2024

Dear Brooklyn Property Owner:

Several possible city departments are entitled to demand payment of expenses and fines when an agency issues a vacate order and a tenant is displaced from an illegal dwelling.

See for example:...
View More

1 Answer | Asked in Family Law and Adoption for New York on
Q: I'm wanting to pursue an adult adoption in Buffalo New York but I do not live in the state of New York.

I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.

Tim Akpinar
Tim Akpinar
answered on May 19, 2024

An adoption attorney could advise best, but your question remains open for three weeks. If you haven't spoken with an attorney by now, one option is to reach out to attorneys, where you could supplement your searches with the "Find a Lawyer" tab above and the referral sections of... View More

2 Answers | Asked in Immigration Law for New York on
Q: Being an LPR overstaying abroad, I have won a green card lottery. Can I use it to "forgive" the absence?

I have won a green card lottery. After receiving a green card, I went back to home country to take care of a sick relative and had to stay there for over 1 year. Realising, that my GC has become technically invalid, I've participated in GC lottery and won again.

Is it possible to reset... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

I understand your situation, but unfortunately, winning the Diversity Visa (DV) lottery a second time does not "reset" or "forgive" your previous prolonged absence from the United States as a Lawful Permanent Resident (LPR). Here are a few key points to consider:

1....
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.