Arizona Recent Legal Answers from Lawyers

If you have a current unexpired petition and visa valid until December 2015, you should have no problems with reentering the US while the NOIR response is under review. I assume that the response to the notice of intent to revoke will note the facts of your current legal status. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

With a four degree tear, the question is whether accepted standards of care required the OBGYN to perform an episiotomy. Click here for an article discussing this issue.  The additional delay in surgically repairing the damage might also be the basis of a claim, but the question is what additional harm was caused by the delay? If the tear should have been surgically repaired from the get-go, then arguably the additional delay did not materially impact the outcome.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.     ... Read Answer

It is hard to tell you whether you received negligent care because you do not specify (a) what care you received or (b) what care you believe you should have received but did not. That aside, the big question in most medical malpractice cases are whether the claim is financially viable. If you can have scar revision surgery to decrease the problem, then this argues against financial viability. The articles linked below explain this concept in more detail.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Thank you for your inquiry. I am happy to discuss and process your case. We can file a Fiancé visa and you will have to show that you can financially support your fiance. In addition, they must qualify for an Immigrant Visa with a clean medical and criminal record.  Can you provide more information?   Where is your Fiancé? Does she have any U.S. Visas? How & When did you two meet? What do you do for a living in the US? Have either of you been married before? Have you ever filed a Fiancé visa before? Do you have any children? Have either of you been arrested?  The process takes about 6 months to get approved in the U.S. Then, it will be sent to your fiancé’s Consulate for Processing (these processing times vary, but total time should not be longer than a year). Once they arrive on the K-1, you will get married and file an Adjustment of Status for “Conditional Residency”. This green card will be good for 2 years. At the end of those 2 years, you must file another petition documenting that you two are married and living together.... Read Answer

Im sorry to hear about the fire damage to your home.   In this case, Loss of Use means that they will pay for your hotel or alternate housing. It could include other things.  The best thing for you to do at this point is get a copy of your insurance policy.  If you no longer have one because of the fire, you should request a copy from your insurance company.  It should have the specific definition of "Loss of Use".  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client privilege exists or is formed by this response.... Read Answer

In the normal course, the individual owners of an llc are not personally liable for the llc's obligations.  That is the main reason why people form llc's or corporations to operate their businesses.  As long as you run the llc properly (e.g. don't commingle the llc's funds or other assets with your own, make sure to use the llc in all business dealings, etc.), you would not be personally liable.  That doesn't mean, however, that you are not personally liable for your own torts or other wrongdoing.  For example, if, in the course of your work for the llc, you drive a car owned by the llc and hit a pedestrian, both you and the llc could be liable.... Read Answer

If a disability insurer wants five years worth of disability pay back, the only reason I could imagine is that you had defrauded that institution. If you were given disability in either by mistake or by a lie or by an act of omission you obtain this disability and they want you to pay back, this is considered fraud. Bankruptcy has only a few exceptions that cannot be discharged, but lawsuits due to you intentionally attempting to defraud someone or an institution cannot be discharged. Also if this was done to a government institution, and you defrauded them, you cannot discharge that in bankruptcy. Bankruptcy is meant for people who legitimately incurred debt and for some reason could no longer repay that debt in the future. The situation your discussing is someone with the intention of stealing or defrauding, got court and is forced to pay that back. What your talking about is a crime of fraud in such crimes are not dischargeable in bankruptcy. Even if it was a clerical error, the vast majority of these errors are known by the person receiving the money and they just keep their mouth shot hoping it's never court. But it's your responsibility, not the agencies, to catch this. And if they catch it, they will make you pay it back and it will be considered that you committed fraud. Anyway you slice it, you will have to pay that money back in bankruptcy will most likely not work. There may be some situations where the agencies simply does not go after the debt, that is completely plausible, but highly unlikely. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

Be sure to consult with a family law attorney before signing any agreements. Absent an agreement to the contrary [ie. a valid premarital agreement] retirements accrued during marriage, although in one spouse?s name, normally are the property of both spouses [ie the non-employee/spouse should have an interest in half of what accrued during the marriage].... Read Answer

It is not clear from your question as to whether the father lives in Kansas and objects. The wrinkle in the case may be whether your daughter could be considered emancipated. Normally Kansas should have jurisdiction over the relocation of a minor residing for a period of time in it?s state, and your daughter should consult with an attorney in Kansas, as that is the State with jurisdiction. And normally, regardless of whether or not she can move without permission, the father may still file an objection with the court and start a case. If the court has to make a decision it will likely depend upon many factors, but in this situation the fact that your daughter is a minor may have an additional wrinkle. Then who has legal decision making authority [custody] over your daughter, and if your daughter even legally entitled to decide where she lives. Due to the complexities, and the lack of full facts, you may need to consult with counsel in both states to clarify your daughter's position.... Read Answer

Your moving from Nogales to Tucson, Arizona will have no effect upon your DACA application as long as you are otherwise qualified.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If you file for chapter 7 bankruptcy, depending on the status of your car loan, will determine if it is effected by the filing of chapter 7 bankruptcy. If the account is up to date, and you wished to keep the car, chapter 7 bankruptcy will not affect this. For most of my clients, I tell them to write the car off in the bankruptcy and keep making payments, this way if you lose your job you can just walk away from the car or you can simply keep paying it and keep the car. You may choose to reaffirm the debt, but unless the bank is going to give you better terms to your loan, such as lowering your interest, I never suggest my clients reaffirm any of their secured debts. Although reaffirming the debt, is a good way for you to get a lower interest rate on your car loan if the bank is willing to work with you. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

I am sorry to hear about your wife's injury.  A successful legal matter regarding this would depend on whether or not your wife's slip and fall was because of a harm or hazard caused by the hotel. Or if the hotel knew of the harm or hazard or should have known of it.  For example, if your wife slipped because water had been on the floor for a significant period of time and was spilled by an employee of the hotel, then I'd recommend contacting a personal injury attorney.  Or if she slipped because of some kind of defect in the floors, carpet or stairs, etc., I'd contact a personal injury attorney.   HOwever, if your wife fell due to no fault at all of the hotel, she probably cannot recover. But to be sure, you may want to contact a local attorney in your area.  You should be able to get a free consultation without a problem.    Best of luck! NOTE:   This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

No, if you file for chapter 7 bankruptcy to discharge your debt your creditors will not be able to garnish your Social Security and VA disability money. When she receive your filing confirmation of your chapter 7 bankruptcy, after that point no further action may be taken against you. And after you receive your chapter 7 bankruptcy discharge, you will no longer be obligated to repay your creditors. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Your friend gave the car to you; it is yours.  At the least, even if you can't keep the car for some reason not apparent in your question (for example, although you believe there is no title, I suspect your friend may have had a title and never transferred it to you; I don't think the car could have been registerd, insured, and legally operated without title, and how could he get you arrested if he couldn't show title to prove he was the owner of the car?), you should be able to recoup the reaonable value of the labor and parts you put into the car.  The problem is that your friend is apparently now contending that he did not give the car to you, and, although the fact that you stored it, raced it, and improved it for the past two years lends credence to your claim, there is no guarantee that a court will believe you.  Either way, though, I think the police are likely to believe, as I do, that this is a matter for a civil lawsuit, not a criminal action, and will do their best to avoid arresting you, but there are no guarantees.... Read Answer