Idaho Recent Legal Answers from Lawyers

You can sue, but I don't think you'd get much, if anything.  The hospital has technically violated your rights, but they didn't give confidential results to your neighbor or your mother-in-law, or repeatedly make the same mistake; the hospital made a one-time error by providing results   to one of your own doctors, who is legally required to keep them confidential.  I don't know what the results were, but it seems to me that there was probably a decent chance that the ent would have learned the results anyway in the course of his treatment of you.  I sympathize with the embarassment  you may have felt, but lawsuits are neither fun, quick, or cheap.  I don't think it's worth it.... Read More

Hello. If you entered into a bona fide/loving marriage, you can obtain your green card in a few months. This would be the path of least resistance. You will get a temporary work/travel permit in 3 months and interview for Permanent Residency (Green card) a few months after that. Other options will depend on your nationality, type of job, etc. However, there is not likely a work visa to work in a bike shop. Let me know if you would like to discuss your marriage option. ... Read More

If a debt was listed in a bankruptcy case that received a discharge order, any future collection effort is a violation of that discharge order and subjects the collector to penalties and sanctions. You should immediately send a copy of your discharge order to Portfolio Recovery. Keep copies and records of any communication with the collector.... Read More

After you file for bankruptcy relief, you can usually hold on to the car until the car lender asks for it back, which often takes more than a month after filing. Be sure to keep the insurance policy paid while you have possession of the car though. When you file for bankruptcy relief, the first important thing that happens is that the "automatic stay" kicks in. What that does is prevent anyone from taking your property. Of course, they must know about the filing for them to obey the automatic stay. Presumably, the lender on the car was listed as part of the petition; however, sometimes you have to send a notice of the bankruptcy filing directly to the lender to prevent that they "accidentally" repossess your car while the stay protection is in effect.... Read More

NOOOO, don't pay them. Even if you were keeping the cars, the plan takes care of the car loan during the confirmation process. But since you are turning the cars in, this is unsecured debt which will be put in a pot with your other unsecured debt and paid pennies on the dollar, any payment you make will just be money wasted. Or maybe you can get it back, I'm not sure, I've only been a bankruptcy attorney for 25 years and I've never seen anyone who made a totally unnecessary car payment, and I don't know how I'd handle it.... Read More

My answer is limited to the federal gift tax. Just having a gift does not create a tax liability. First off you must determine how much of a taxable gift you have. In 2014, you can give someone up to $14,000 in present interest gifts and not have a taxable gift. However, even if you have a taxable gift, you do not have a tax liability. In 2014, a person's taxable gifts must exceed $5,340,000 before  the person has any tax liability. The taxable gifts include all taxable gifts made since 1932. If all of your taxable gifts  from 1932 to 2014 do not exceed $5,340,000, you do not owe a gift tax.  If you have a taxable gift in 2014, you must file Form 709, but simply having a taxable gift does not mean you have a tax liability. On Form 709, you will show that your taxable gifts do not exceed $5,340,000 and that you do not have a tax liability.... Read More

The only reason this would be a conflict of interest is if your bankruptcy attorney still owes your husband money. If the job your husband performed for your attorney is over and has been paid in full, there should be no conflict in this matter. 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 More

It certainly sounds like you qualify. We cannot know for sure without checking the dates and disposition of the prior case, but the Bankruptcy Code specifies that the time between 13s to get a discharge is only 2 years. If you are talking about Chapter 7 to chapter 7, the timeframe is 8 years. 7 to 13 is 4 years and 13 to 7 is 6 years unless more than 70% of your debt was paid in the first, discharged case. In that case, no waiting period is necessary. It?s complicated. Consult with a lawyer and good luck.... Read More

Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous installment payment amount for "non-filing spouse debt payments," based on an estimate of his total monthly payments to all such debts. If the trustee wants more details, s/he can always ask for documentation but that has never been requested on any of my cases.... Read More