Kansas Recent Legal Answers from Lawyers

     He can sue (anyone can sue for anything), but whether he would win depends on whether he can convince the Court either:      (a) that you misrepresented the truck to him as being a 2001 model, that he relied on that misrepresentation in deciding to buy the truck for the price he paid, that his reliance was reasonable, and that the misrepresentation was material (i.e. that the difference between a 2001 model and a 2000 model is something an ordinary buyer would consider when deciding whether to buy a truck); or      (b) that the two of you entered into the contract for you to sell the truck to him based on a mutual mistake, i.e. the mistaken belief that the truck was a 2001 model and not a 2000 model.... Read More

When your last case was discharged is irrelevant.  The necessary information to answer your question is: What Chapter was filed in your prior case, and What date was your prior case filed. What bankruptcy chapter are you trying to file now? If your prior case was a Chapter 7, and you're seeking to file a Chapter 7 case now, there needs to be at least 8 years from the date your prior case was filed before filing the next case. For more details on the time periods, click here. Most likely, if your case was filed in 2005, you are eligible to file another case now (or at least next month) under any bankruptcy chapter.  ... Read More

talk to a local lawyer, as there are some issues here. how the house was titled, is a big one. If it was tenants in common, his share goes to his heirs. if it was held joint tenants with right of survivorship, it goes to you and sis. you may owe inheritance taxes. you really need professional help. ... Read More

You can only "reverse" a deed by doing a new one. If your siblings could prove in a court of law, that you obtained mom's signature on the deed by fraud or coercion, then the deed could be declared by the judge to be void. Your siblings can say what they want, actually getting a lawyer and proving this allegation in court would be alot of work. They would need a doctor to say mom was incompetent when she signed the deed. If your mom was competent at the time she signed the deed, you should not have a problem.... Read More

Based on the facts that you have provided the appropriate method for obtaining a Journal Entry/Order from the Court would be to file a Motion for Change of Residential Custodial Status. However, I would need additional information from you to provide a more complete response to your quiry. I would like to know where the divorce case is registered (what County Courthouse you obtained your divorce) and additional information concerning the parenting plan that was last ordered.   Dan Stuart www.stuartlaw.net... Read More

You need to find out what acutally happened to you in court since you do not know and what is on your criminal history record. You can go to the court house and get your sentencing record and you can get your criminal history from the FBI or your state. if you have trouble doing this on your own, hire an attorney to do it for you. If your record shows you were not convicted, you may be able to expunge the records. ... Read More

A lease is an agreement, a contract, and parties can pretty much make any agreement they want between themselves.  If you don't want to be responsible for trimming and removing the trees, see if you can get the landlord to remove that clause from the lease before you sign it.  If the landlord insists, don't sign the lease, but you will have to live elsewhere.... Read More

If the provision states that the obligation is not dischargeable in bankruptcy, that is unenforceable.  One cannot contract to make a debt non-dischargeable prior to a bankruptcy case being filed.  The other terms of the contract are able to be rejected in bankruptcy as well, so that you will not be responsible to pay anything. 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

Dear Anonymous, As a green card holder, you would need to marry your fiance in his country and then petition him in the U.S.  The petitioning process takes approximately 5 months.  Your fiance would be an F2A and according to the September 2013 Visa Bulletin, he would be eligible to immigrate right away. However, this is unusual where the quota is current for all countries for the F2A category so, hopefully, after the petition is approved, the quota would still be current.   This is the fastest way for you to get your husband into the U.S.A. right now.  ... Read More

Sorry.  You're not going to win that argument.  I agree that it is an injury to you to wait longer for the decision you were seeking, but not every injury provides for recovery under the law. M. Scott Peck wrote "Life is difficult."  I would add, "Life is often unfair."  The law is very specific about what it can and will do, and it will not always "make someone pay" for a difficult or unfair situation. ... Read More

Generally, Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. In your case, though, I'm a little curious when you say "the terminal manager did nothing" what do you think he was supposed to do? You went from January to March in pain, yet you did not go to a doctor? Then "they" gave you a brace to use. Who, exactly? Your employer? And then in May you decided you needed to go see a doctor. So, if you didn't see a doctor until May, does that mean that the brace you used in April was supplied by someone other than a doctor? It sounds like someone was practicing medicine without a licence. That should be looked into.... Read More