Hawaii Recent Legal Answers from Lawyers

I'm not exactly sure what you mean by "clear your debt".  If you're asking how long it takes to receive a discharge in a bankruptcy case, it depends on which Chapter you file. Chapter 7 usually takes approximately 4-5 months from filing to discharge.  Chapter 13 takes anywhere from 36-65+ months depending on the length of your Plan.  Chapter 11 depends on the length of your plan as well as the terms of your plan and when substantial consummation occurs. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read Answer

It depends on what your contract provided.  You say that you agreed to work for the contractor with no mention of having to wait for him to be paid by the client.  If so, the contractor must pay you, regardless of whether he has been paid.  However, he may claim that your agreement was either to work for the client (in which case the client would be liable, not the contractor; the fact that you spoke directly with the contractor is not conclusive - if an executive at IBM hires you to do work for IBM, it is your employer, not him, and he has no liability for your wages) or that you would not get paid until the contractor had been.  In the absence of any documentation, the case may depend on who the judge or jury believes.  One  piece of evidence which may be relevant (probably not conclusive, but relevant) is the terms of the contractor's (or client's) agreement with the editor you replaced.  Since you were filling in, it seems likely that you would be hired on the same terms.... Read Answer

It depends on which chapter you filed, which you have not disclosed for some reason. If a lender is willing to lend you money, then you can take out a loan.  However, in most Chapter 13 cases, you cannot borrow beyond a certain amount without court approval. You have a bigger problem, in my opinion, however.  You filed a bankruptcy presumably to eliminate your debts.  Then less than a month after, you borrowed more money, and now you want to take out another loan to pay off those loans.   You are in a never-ending cycle that bankruptcy cannot fix for you.  You need to really sit down with someone who can help you understand how to manage your finances (such as an accountant, financial planner, etc.), or you will be chasing your financial tail the rest of your life. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

If the I–130 has not been approved, you will not likely be able to obtain permanent residence through the marriage even though the marriage was bona fide in its inception. Even with an approved I-130 petition, immigration officers will not allow an adjustment of status application to permanent residence continue if the US citizen spouse refuses to continue the case. In the event of separation but no final divorce, there is a possibility of the case continuing if the US citizen spouse consents to its continuation. In the event of a divorce, no continuation of the case would be allowed.  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

The property settlement payments to you are "protected" as long as your ex doesn't file a Chapter 13 case.  The only way to make sure they're not dischargeable in all bankruptcy chapters is to get a court order deeming them to be part of your (or your childrens') support. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read Answer

If you have a malpractice case, you are going to have to retain an attorney in Oregon. The question will be whether you have been permanently injured as a result of the medical mistake. If all of your problems have since resolved, you probably do not have a financially viable case. The articles below discuss this issue.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in Oregon).  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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer