Kansas Recent Legal Answers from Lawyers

I believe you are asking if a Trustee in bankruptcy can take assets of a co-owner.  That depends on a number of different factors, such as which chapter of bankruptcy is filed, the amount of equity in the debtor's share of the property, and what exemptions are available to protect that equity under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  But the short answer to your question is yes, a Trustee in bankruptcy (usually in a Chapter 7 case) can sell a co-owner's interest in property if there is sufficient non-exempt equity in the debtor's share of the property.  The co-owners would be paid their share of the proceeds, and have an opportunity to oppose the sale on limited bases (such as that it isn't being sold for the highest value). 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 More

I do not think it is  foregone conclusion that the first doctor's diagnosis was wrong. You should ask your new cardiologist whether Psvd could have converted to atrial fibrillation over time. In any event, in the absence of an event causing permanent harm (for example, a stroke) I do not think you have a financially viable case. The articles below discuss this in more detail.  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 article discusses the issue of financial viability. 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 More

I really need more information, but I'm guessing that the first mortgagee filed an action for foreclosure that included the second mortgagee as a defendant. The second mortgagee then answered and filed a cross-complaint to foreclose its mortgage in the same action. So when you entered into the modification agreement, the first mortgagee dismissed its action. Apparently you are not behind in payments on the second, so the second mortgagee dismissed its cross-complaint.... Read More

The error would only be ground for denial if there was suspicion that you will not be actually training for the employer as listed on the H3 petition. If you have a proper explanation for the error, it should be accepted. As long as you and the other members of the group exhibit a nonimmigrant intent and are otherwise qualified, you should be issued the visas. 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 More

If a lender has garnished you for a debt that was discharged in your bankruptcy, they have violated the federal discharge injunction. You have the right to get your money back and also sue the lender for damages. You definitely should contact a lawyer. The Bankruptcy Court won't help you with this.... Read More

Depending on when the guardianship is issued, you may have to take one more legal step to have the power of attorney terminated. But it should occur in front of the same judge that gave you the guardianship. Also, as guardian and conservator, you may want to investigate what the husband did with your mother's funds. It sounds like there has been a breach of fiduciary duty.... Read More