Kentucky Recent Legal Answers from Lawyers

If there is no custody order and you are the biological father then you have as much of a right to have the child with you as she does. If a custody order has been entered then you would need to file a motion to modify custody. If the child is not living with her then you could also file a motion to modify child support as well. I hope this has helped and I wish you all the best.... Read Answer

When a private seller lies to you about something that was important to you in deciding to buy their vehicle, lawyers call that Fraud. If no lie takes place though, then you may be stuck. Generally there is no liability by the seller in a private sale for anything except to answer questions honestly and sign over a good title to the vehicle. But if the seller knows something that they realize you would want to know, like the fact that the vehicle is not usable or is dangerous to use in its current condition, etc, then that may be fraud. Some folks think buying a used car from a private person, not a car dealer, always means you buy it "as is" but that is not necessarily true at all. The "as is" idea has to do with contract law and contract rights, the actual purchase itself. Fraud is different and is independent of contract law, but related. Unless the lie is obvious, you have the right to rely on what the seller tells you to be the truth. Each state has its own definition of what fraud is but in Kentucky it basically is a lie that costs (or can cost) you money. If you find out quickly, you may have the right to cancel the sale if the vehicle is still in substantially the same condition as it was when you got it. If not, or if you don't find out for a long time, then you still have the right to recover damages for being lied to. Your damages will typically be the cost to repair the car up to the condition you thought it was in when you bought it, or the difference in value of the car (between good car and bad car). If it was cheap, then you may be able to use your local small claims court. If not, then you need to see a Consumer Law or Car Sales Fraud attorney to get help. The good news is that for fraud, you usually will have the right to get your attorney fees paid by the person who lied to you too, on top of your damages or remedy in court.... Read Answer

You will be able to keep your are in license when you file for either chapter 7 bankruptcy or chapter 13 bankruptcy, even if you attempt to include your student loans within bankruptcy. I stated your take advantage of chapter 13 bankruptcy on your student loans, this will have the effect of stopping any collection practices and allowing you to make normal monthly payments while paying the arrears over a three to five-year repayment plan. In certain circumstances you may discharge student loans in bankruptcy, but for someone even considering chapter 13, which means you plan on repaying the loans, you would not fit into the criteria needed to discharge student loans in a chapter 7 bankruptcy. 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://www.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, #student, #loans, #education, #IRS, #taxes... Read Answer

Generally, collection matters like this are handled on a contingency basis, that is you pay only a percentage of what you collect.  The percentage can vary depending on a number of factors, including the size and the age of the debt, but would probably fall somewhere in the 25% to 40% range.... Read Answer

There is a used car lemon law in 6 or 7 states, but not in Kentucky. But Ky does have a Udap law and under that law in most states it is a violation of that law to sell a consumer a vehicle that is dangerous and unsafe for normal highway operation and that may work for your problem. The problem is here that you had your own mechanic look at the vehicle first; that makes it your mechanic's problem since they didn't discover this problem at the inspection they did for you. If you paid them for it then they would owe for the repair bill. If you didn't pay them for the inspection, then they may not. If you don't get this worked out, then you may want to think about filing a claim in your local small claims court for the repair cost or you should call your local attorney bar association and ask for a referral to a consumer law attorney near you.... Read Answer

What does the llc's operating agreement provide?  Assuming you have none (it can be oral), or that it is silent on the issue, members of an llc have no inherent right to be employed by it.  Moreover,  again unless the operating agreement provides otherwise, a vote of 2/.3 of the llc's equal members would be sufficient to fire an employee.  However, while you may have no right to work for the llc, you have a right, as a member, to all of the llc's financial information, and, in general terms, to be treated the same as other llc members with regard to distributions - if your son and daughter-in-law work for the llc, they are entitled to reasonable employment compensation and you, who no longer work for the llc, are not; however, you are entitled to comparable membership contributions.  You can sue to get the information, for your share of any distributions paid the other members, and possibly, if the other members have overreached, to dissolve and liquidate the llc.... Read Answer

Maybe. You can certainly request a fee waiver and explain why you need it. Then it's up to the court to decide whether to grant the waiver. As for including new debts, the answer is definitely "No." The only way to include new debts is to file a new bankruptcy case. You will have to take a new credit counseling course and financial management course, but you will be able to include these new debts. You will need to weigh the options and decide which is the best course of action.... Read Answer

As the K-1 is a nonimmigrant visa, you and your cosponsor can both submit I-134 affidavits of support. When your fiancé comes to the US and you marry within 90 days and file the application for your spouse's green card, you and your cosponsor can submit I-864 affidavits of support. You appear at this stage to be mixing apples and oranges as I-134's are for nonimmigrant cases and I-864's for those dealing with permanent immigration.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

It's not fraud unless you (or, in some cases, the Court) detrimentally relies on the false representation.  If I lie to you and tell you that the car I'm trying to sell you has only 10,000 miles on it, but you don't believe me nad don't buy the car, you have no civil claim against me for fraud, having suffered no damage from my lie.  Here, you're not relying on the misrepresentation because you know it's a lie.  However, it may constitute champerty - generally, lawyers are not allowed to purchase claims and pursue them - as well as other breaches of an attorneys' ethical responsibilities (e.g. to tell the truth to a Court.)  Moreover, if it is true that Capital One sold its claim to the law firm (frankly, I think the person you spoke to at Capital One made a mistake; more likely it just authorized the law firm to represent it in the case in exchange for a share of any recovery), than Capital One no longer has any right to sue you on the debt.  The case (assuming you can prove that Capital One sold its claim) should be dismissed for lack of standing, and the real owner of the claim would have to commence a new action.... Read Answer

Probably the best way for your boyfriend to come to the US would be your sponsoring him for a fiancé visa or for permanent residence if you intend to marry when he comes to the country. A fiancé visa would be submitted on form I-129F and an immigrant visa petition on form I-130. It is often difficult to locate a suitable business that would be able to sponsor him legally for a work visa. For him to attempt to enter under a touristf visa might be problematic and involve possible questions of misrepresentatio if your intention is to be married when he comes in to the States. If you do not know if you intend to marry, he could possibly apply for the tourist visa, and the giving of such would be within the discretion of the American Consulate or Embassy.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

It can depend on what the retainer agreement provides, but generally the client is entitled to a refund of theunused portion of the retainer, if any.  If there wasn't any set hourly rate, a Court would likely calculate the reasonable value of the work that was done (plus disbursements) and, if less than $10,000, award a refund of the difference.... Read Answer

Chapter 7 has several different tests used to determine eligibility.  The only way to find out if you're eligible is to have a consultation with an experienced bankruptcy attorney in your area. It depends primarily on your income and expenses, including all income received in the 6 calendar months prior to filing your case, but also the income as it is on the date your case is filed.  Your marital status and household size also factor into the analysis. Payday loans are dischargeable in Chapter 7 as long as they are not incurred through fraud.   My article on getting rid of payday loans through bankruptcy may be of interest to you.... Read Answer

Hello and congratulations.  We can file a Fiancé visa and you will have to show that you can financially support your fiance after you meet her. In addition, they must qualify for an Immigrant Visa with a clean medical and criminal record. The process takes about 6 months to get approved in the U.S. Then, it will be sent to your fiancé’s Consulate for Processing (these processing times vary, but total time should not be longer than a year). Once they arrive on the K-1, you will get married and file an Adjustment of Status for “Conditional Residency”. This green card will be good for 2 years. At the end of those 2 years, you must file another petition documenting that you two are married and living together. The other option is to go and marry her there. This process may take a little longer for her to get here (10-12 months), but it will be cheaper because you will not have to file the adjustment of status when she arrives. The green card will just be mailed to your house. Let me know if you would like to discuss either option in more detail. Harun@ksvisalaw.com or 858-874-0711. Here is more information from my website also:  http://www.ksvisalaw.com/family-law-immigration/fiancee-k-1-and-spousal-k-3-visas/  ... Read Answer

Your son can sue these people for numerous civil torts, including assault, battery, and possibly intentional infliction of emotional distress.  He may be able to recover not only compensatory damages, but also punitive damages.  As a practical matter, however, given the circumstances you've described, it seems likely to me that these people will only have the ability to pay a small part of any judgment your son is awarded.  Some jurisdictions also have crime victim compensation programs; if yours is one which has such a program, it may provide your son with some compensation for his ordeal. Depending on the statute of limitations on your claims, your son may want to delay his suit until criminal proceedings on the wrongdoers have concluded.  If they are proven guilty or plead guilty, that finding would be conclusive against them in your son's civil suit (although your son would still have to prove damages, and possibly other elements, depending on what the defendants are found guilty of.)  If, however, they are found not guilty, it would not be binding on your son in the civil suit since it would only mean that they had not been proven guilty beyond a reasonable doubt, and the "reasonable doubt" standard does not apply to civil actions.  Your son would, in effect, get two bites of the apple.  Again, however, you have to make sure that you sue within the limitations period, and I don't know what that is in Kentucky.... Read Answer