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Everything posted by MiddlePart

  1. No. Obligations for child support are one of the types of debts that are not discharged by bankruptcy. The relevant clause of the Bankruptcy Code is section 523(a)(5).
  2. There is no law that says that. But as the others who have already responded to you have said, it is a common business practice for landlords.
  3. You can establish an account on pacer.gov that will allow you to run searches in each federal court. The CM/ECF system has an option for searching by attorney name. That will get you to the docket for the case and through that access to all documents filed in the case. It’s free to set up the account, but there are some usage charges that you may incur depending on how many searches and how many pages you pull up. It’s not clear to me, though, how useful the results of such a search would be for you. In Michigan, the courts website courts.michigan.gov has a case search option that allows searches by attorney name. But that will only take you to the docket sheet for the case, which may not be very helpful to you on the particular research project you’re attempting.
  4. It would help if you would identify the state in which the attorney usually practices - the answer to your question may vary depending on the state. it would also help if you would explain a little bit more about what kind of information you are seeking. I don’t know what you mean by The “case history of an attorney.” The answer to your question will depend on what information you’re looking for.
  5. While having a lawyer to advise you can be useful, it is not mandatory and a person certainly can file a complaint with the bar association without the help of a lawyer. The procedure for filing a complaint with the SD Bar, and an explanation of the process-- what happens after you file a complaint, etc. -- can be found at this link. http://www.statebarofsouthdakota.com/page/lawyer-discipline
  6. One key question: in which state is the house located? The rules on dividing property in the context of a divorce can vary significantly from one state to another.
  7. Assuming that the divorce decree doesn't expressly specify that the award is non-modifiable, maintenance can be modifiable when the parties’ financial positions change -- a recipient who becomes disabled and loses his or her job might request increased maintenance, or, similarly, a payor who becomes disabled and loses his or her job might ask the court to reduce or eliminate maintenance. There could be other circumstances that would warrant a change in the maintenance obligation -- remarriage or death typically terminate a support obligation, for example. It may help if you explain what you mean when you ask about modification "for cause"
  8. Breaching a contract certainly can result in legal liability. You didn’t indicate where you are located, though, and the concerns about the broker being based in Cyprus and your potential travel to the Schengen area suggest you may be based somewhere in Europe. This message board only deals with issues of US law. And even if you are based somewhere in the US, the contract with a broker based in Cyprus may be subject to non-US law. For that reason, I can’t really answer your other questions. Most contracts under US law would not need to specify particular consequences for a breach to be enforceable, but I have no idea what Cyprus law may require in that regard. The fact that you are not in Cyprus probably creates some challenges for contract dispute litigation and for enforcement of resulting judgments regardless of which law governs, but these challenges are not insurmountable.
  9. From your description, it seems they are aggressively marketing their services to prospective clients. Probably. For a small dollar matter, it seems unlikely that an attorney based in Houston would want to take on a case in Dallas. The attorney should have more knowledge and experience than you do in dealing with the courts, knowing the correct procedures, and otherwise handling the matters. They make a living selling their services to clients. Each new case they take in contributes to the top line (and hopefully the bottom line) of their practice.
  10. In general, no. Take a look at Tennessee Code section 39-14-205. It is a criminal offense to kill someone else’s animal without the owners consent, except if the animal is at the time believed likely to kill or seriously hurt a person or another animal. 39-14-202 might apply if the shot doesn’t kill the horse
  11. Week-to-week residential tenancies are covered by the South Carolina Residential Landlord and Tenant Act. https://www.scstatehouse.gov/code/t27c040.php in general the same procedures apply. But some of the notice periods are shorter for week to week arrangements than for monthly or yearly arrangements.
  12. The specifics will vary depending on the state in which you intend to form the entity, but typically you’d file a notice or certificate with the appropriate state agency that identifies the entity name, address, registered agent, and any other matters that state law requires be included in such a document. You would also have to pay a filing fee. It would generally be a good idea to have a written partnership agreement, but that typically wouldn’t be filed with the state. You would also need to obtain an EIN from the IRS — there’s a form you submit to them for that. Depending on the nature of the business you plan to conduct, you may need to register to collect/remit sales tax, and you might also need business licenses.
  13. In general, yes. The regulations expressly say that Places of public accommodation must remove architectural barriers in existing facilities where such removal is readily achievable. that said, there are some limitations and exceptions that in part depend on the nature of the alleged non-compliance, and in part on other facts, and so you’d want to have the claim reviewed by knowledgeable counsel who can advise you on the specifics. Probably. A retail business that is open to the public meets the standard.
  14. Information on ‘opting out’ — requesting to not have a smart meter — is available from the California Public Utilities Commission. Site: www.cpuc.ca.gov use the site search box to search for ‘smart meter’ it should take you to the appropriate pages
  15. Without knowing something about the case generally, and without knowing anything about the particular filing and information that previously was subject to confidential treatment but now isn’t, it would be impossible to know why the judge took this action. Apparently something happened that caused him to reconsider his prior order but without some context and more information there’s no way to meaningfully guess what it was
  16. It depends. Information at this link may be useful to you in determining the answer. https://www.hhs.gov/hipaa/for-individuals/faq/524/if-i-am-unconscious-can-my-health-care-provider-still-share-my-health-information-with-family/index.html
  17. That amount is within the jurisdiction of small claims court in California. https://www.dca.ca.gov/publications/small_claims/file.shtml
  18. A person can contact the local police and claim that (A) he gave someone a cash deposit, (B) he's entitled to get the deposit back, and (C) the person holding the deposit is refusing to return it. Whether the police are interested in investigating such a matter is something that cannot be predicted, but, on the surface, seems unlikely. The police would probably be more inclined to let the two parties hash the matter out through litigation rather than through criminal proceedings. Pretty much the same analysis applies to these 2 scenarios. The person who gave you the vehicle to do work on it can tell the police whatever he wants to; whether the police will pursue the matter is not under his control. On the limited information you've supplied, it seems far more likely that the police would recommend that you and he sort out your differences in civil court.
  19. Do the ordinances include a "Definitions" section? Words like "principal structure," or, just "structure" etc. may be given particular meanings in the Definitions ordinance that affect the interpretation of the ordinance that you are asking about.
  20. The only way to be certain is to review the ordinances -- to see if there is a specific definition for the terms used in the ordinance. It might also be relevant to do legal research and see how the courts in your state have construed and applied the ordinance. Any other answer to your question that I might provide would be pure speculation.
  21. In some sense, it doesn't really matter what her will said on the subject. The real question is whether there actually was a joint account, or an account that had a POD designation. The bank or other institution where the account existed would have that information. If it really was a joint account between wife and your father, or if it really was an account in wife's name that designated father with a POD, then regardless of what her will may have said on the subject, the monies would have belonged to your father at the time of her death without any further action. Part of the point of having a joint account or having a POD designation on an account is that the contents of the account are not subject to a will or probate proceedings.
  22. There's no way to really answer that question as asked, other than by saying "maybe." FWIW, in my experience, most plaintiff-side medical malpractice firms are small firms (in terms of how many attorneys work there). But that's not a reflection on their ability to successfully pursue a case or to assist their client in receiving substantial compensation when the facts and law warrant it. Suggest you contact a few plaintiff-side medical malpractice firms in your area and gauge their interest in the case.
  23. Has a probate proceeding been started? If it has, you'd generally be able to see the will because it would be part of the court's file and thus presumptively a publicly-available document.
  24. North Carolina and New Jersey are both participants in the Drivers License Compact -- an interstate agreement in which most states participate. https://www.carolinaattorneys.com/files/north-carolina-drivers-license-compact.pdf The law as adopted in each of the participating states generally requires states to share information about traffic offenses with other states in the case of a driver of one state being convicted of a traffic offense in another participating state. Some kinds of offenses must be reported; other types of offenses may be reported. It is up to each state on what penalty, if any, to assess against a driver licensed in that state as a consequence of a traffic violation in another state. So in this situation, if you are convicted in New Jersey of doing an illegal U-turn, New Jersey might report that information to North Carolina (because improper U-turns are not one of the offenses that must be reported). If New Jersey does report it, it is up to North Carolina to decide whether to put points on your license and if so how many. You would need to consult with a lawyer in North Carolina who handles traffic matters to get a definite answer to your question - some quick google searching was inconclusive. Based on what I did see, my best guess is North Carolina would not give you points based on an out-of-state conviction for improper U-turn, but as I say that is just a best guess.
  25. Unless there is some overriding state law or constitutional interest at stake, an HOA has authority to prohibit things that would otherwise not be prohibited under state/local law. Bird ownership likely doesn't implicate any constitutional interests. So, unless some Tennessee state law or Blount County ordinance expressly overrides HOA authority to regulate bird ownership, the HOA has the authority to regulate the keeping of 'fowl' when there is a requirement in the governing documents on that topic, or when the HOA has properly adopted a policy addressing that topic. Assuming that the governing documents of the HOA don't expressly provide for a definition of the term 'fowl', the HOA Board has to then decide how to interpret and apply its policy. Courts tasked with interpreting and applying statutes will sometimes refer to dictionaries to determine the definition of a term when the particular term used in the statutes isn't given a specific definition in the statutes. An HOA's use of a similar approach is probably defensible. You can consult with a lawyer in Tennessee (and, probably Blount County) to get a definitive answer, but a quick google search didn't turn up any Tennessee statutes that covered the particular subject. Meaning the HOA's interpretation is likely to hold up if challenged.
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