Hawaii Recent Legal Answers from Lawyers

Sure, but the income you receive will need to be disclosed and likely turned over to the Trustee to pay your creditors, depending on how your plan is structured and what the courts in your area require. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Insurance companies have minimum capital requirements and require a license from the state regulator in each state where their customers reside. These requirements are prohibitive for the average small business. Assuming you want simply to offer insurance against the loss or destruction of personal electronic devices, you might best be served by hooking up with an insurance company that is already in existence and licensed nationwide and working out a marketing or joint venture agreement. ... Read Answer

This doesn't work because you aren't entitled to a deduction for the loan principal you advance to the other friendly company. If you claim that you are paying "interest" to the other company for which you take a deduction, the absence of a bona fide loan will deny you that deduction and cause you to be subjected to taxes, interest and penalties on your underpayment.... Read Answer

More than likely, there would not be any insurance coverage that would cover an intentional act such as biting off someone's ear and finger.  Further, the fact that your husband's assailant is in jail may mean that he would have no means to pay even if he were found to be responsible for your husband's injuries.  These are generalizations, of course, and it would be advisable to talk to an attorney in your state and discuss your case with them.  For example, if the assault was determined to be accidental, and not intentional, then there is a possibility that the assailant's homeowner's insurance policy might provide coverage for your husband's injuries.  This presumes, of course, that he has homeowner's insurance.  Best of luck to you.  Chip Clark... Read Answer

Generally speaking, you're raising issues that are governed by state law and I practice in New Jersey.  Having said that, as a patron at a business establishment Denny's likely had a duty to take reasonable steps to protect you against foreseeable harm from a third-party patron who was presenting an obvious danger to you.  You should contact the local personal injury attorney.  After discussing the facts of the attack with him he should be in a position to tell you whether you have a viable litigation.... Read Answer

Veteran is a person who served on active duty with the U.S. Army, Air Force, Navy, Marine Corps or Coast Guard, for any length of time and at any place and who was discharged or released under conditions other than dishonorable. Reservists or members of the National Guard called to Federal active duty or disabled from a disease or injury incurred or aggravated in line of duty or while in training status also qualify as a veteran.... Read Answer

Your question really makes no sense. If she doesn't have any days to work, then she can't work seven-hour shifts. There is nothing illegal about either (a) requiring an employee to work seven hours without a break, or (b) not giving any work to an hourly employee (and not paying for work not done). In the latter case, the employee may deem her employment terminated and file for unemployment compensation.... Read Answer

No, if the debt was written off in the Chapter 7 Bankruptcy, making later payments doesn't create a new debt. The fact he did not reaffirm the debt, but continued to pay doesn't effect the discharge. You may have a case for a new law suit, but as it was discharged in the Bankruptcy Filing, I doubt you would win such an action. Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 TWITTERFACEBOOK  ... Read Answer

To stop the 'harassment' by the creditor, you can write a cease & desist letter, demanding the creditor stop contacting you. Some creditors stop contacting debtors, some don't. In the end, it is very likely that the creditor will file a lawsuit against you to obtain a judgment, so the creditor can garnish wages and/or accounts. Available options: work a settlement with creditor, if possible, to avoid a judgment and garnishment. Bankruptcy could be an option - that would force the creditor to stop contacting you as soon as the bankruptcy petition is filed.... Read Answer

Your two choices are to go through your own insurance company which would leave the problem of collecting from the at fault driver their problem, or trying to collect from him yourself. I suggest you discuss this with your insurance agent before you make a decision. It would be helpful to know whether this will impact your insurance premiums.   Good Luck... Read Answer

I'd recommend that your son retain a lawyer. If he cannot afford a lawyer, the court may appoint him a lawyer if he's charged with a criminal offense. Ultimately, he has the same rights as adults charged with a criminal offense. Those rights include the right to council, the right to be presumed innocent until proven guilty beyond a reasonable doubt, and all the other applicable rights.... Read Answer

You ask an excellent question. I'm sorry that I couldn't answer you sooner, as I just received your question today. A US "permanent resident" still can lose his status under certain conditions, and one of those conditions is if you abandon your residence by remaining outside the US for too long. You can file for a reentry permit with USCIS on Form I-131 prior to departing the US in order to show your intention not to abandon your US residence.  The application can be filed only by an applicant who is physically present in the US.  You still must maintain ties to the US such as filing US income taxes as a resident, keeping bank accounts, owning property here, etc. The reentry permit application is more cumbersome that it was in the past, as it now requires "biometrics" (which just means fingerprints and a digital photograph) and it takes more time to process than it used to.  Try to file the application as soon as you know you might need it.  An initial application should be granted for a two year period.  Best wishes for your family in the UK!... Read Answer

No.  If your Mom was competent when she put Sister's name on the deed (presumably along with Mom), the Sister is the co-owner with Mom.  I will assume from the question that the deed is a "survivorship" deed, which means that Sister will become the sole owner when Mom dies.  The only way to get Sister's name off the deed is for Sister to voluntarily sign a deed to accomplish that -- or for a Court to order it.  If your Sister committed some kind of fraud in getting Mom to add her name, a Court may well order the change.  Even if Sister's name is removed from the title, there is nothing in your comments that suggests there is a means to assure the handicapped brother will have access to the house.  You should see that your Mom visits a good real estate attorney in your area to explore a means to recover the title AND to see that proper arrangements are made to preserve the title for your brother.  You mentioned that the property has a reverse mortgage.  If that is so, the lender may have a claim superior to your Sister and your Mom.  Again, a good real estate lawyer should be consulted.      ... Read Answer