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Theodore John Koban

Theodore Koban’s Answers

300 total


  • Victim of a hit and run accident on my college campus..

    Security said not all cameras are connected, then gave me hope that some are in the area I was parked. When I talked to the guy at the front desk he said he couldn't see anything. Am I out of luck?

    Theodore’s Answer

    Hopefully, you have reported the matter to the police when it occurred. Contact your insurance agent to see if you have coverage for the repairs.

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  • Is Lustig Laser and Wilson a real debt collection firm or am I being scammed?

    I'm paying a debt to them and I'm not sure there legit or that I owe it?

    Theodore’s Answer

    They are quite real. You have a right to know about the debt they are trying to collect. There should be notices of these rights in the documents they have sent you. Use them. Ask them, in writing, to estabis the validity of the debt.

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  • If a claim gets denied & a claim investigator says he will report it to National Insurance bureau for fraud - what doesthis mean

    rear ended in Boston a year ago, claim was in paperwork for a year - allstate hired a independent guy to look at the car once and denied the claim, even after the hearings court ruled in my favor. the investigator called and said he would report t...

    Theodore’s Answer

    Mass law has authorized an Insurance Fraud Bureau. Ins companies refer cases to them and they can initiate criminal proceedings against a suspected individual. They are funded, in large part by the insurance industry and are protected, by law, from being sued if they bring a frivolous claim. If a criminal case is filed against you you will need to hire a lawyer. The potential penalties on conviction are severe. Sadly, even when you have nothing wrong you may have to go to court and suffer a trial to watch them proceed with no evidence against you, I managed to get one of these cases dismissed a few days ago. My client, who had done absolutely nothing wrong, had trouble sleeping for months.

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  • My landlord is harassing me and not taking care of property

    my landlord harasses me about my rent when i pay within the first 2 weeks of the month being a single parent depending on child support to help with rent. she will call and scream at me threatening to come to my door to collect. i have tried to ...

    Theodore’s Answer

    For the conditions in your apartment call your local Board of Heath and ask them to perform an inspection. if the apt is not compliant with the State Sanitary Code the landlord will be ordered to correct the condition. If the conditions aren't corrected there are rules regarding your ability to withhold rent until the conditions are repaired. As to rent. It is due whenever it is due. Your personal issues are not the landlord's problem. If you don't pay, for whatever reason, you can be evicted.

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  • What is the lawyer's obligation to me in a personal injury suit?

    acquired an attorney, MVA 2/4/15, completely not at fault, Attorney has not kept me informed, constantly getting no call back when I call the office. No updates, I have no idea what's going on. I've had to do work that they said they were "working...

    Theodore’s Answer

    If a settlement check come sin you should have to sign it. Sometimes checks do not issue for quite a while as the ins co looks checks for liens and unpaid child support obligations However, a lawyer should always return your phone calls. Something is wrong if you are being kept in the dark. If he does not return your call ( give her a day or two) , send a certified letter asking for your file ( it is your - not his.) If you do not get the file within a reasonable time, or a telephone response, contact the Mass Board of Bar Overseers.

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  • I had ACL Reconstruction Surgery and now require more surgery to replace damaged meniscus.

    I recently had ACL Reconstruction, everything seemed to go well and I was excited to get back to playing sports soon. Today I had my post-op and I was informed that I had meniscus damage and I needed to have another surgery for this. My doctor nev...

    Theodore’s Answer

    I hate to be a spoil sport but on a practical level having to undergo a separate surgery, even if it all could have been done in one, is not likely to bring a large monetary recovery. You need to find a doctor willing to testify that the first doctor did something wrong. You may find it difficult to find a lawyer willing to put time and money into your situation. There are many acts of malpractice that do not get pursued because the potential financial damages are too low to justify the effort. Several malpractice lawyers I know will only take on a cases if there is likely to be over $300k in compensation. IMVHO - For the average person an extra 8 weeks of rehab isn't worth that kind of money.

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  • Received discharge in Nov. of 2011. I have a small 1st and a large equity LOC(2nd). Can the bank forgive the LOC?

    My primary home was sold to me without disclosure of flooding which ultimately left me with a huge mold crisis forcing me into bankruptcy and having to more back into my former home I was renting. The home(s) were not reaffirmed and the discharge...

    Theodore’s Answer

    If your home has equity value that supports the second mortgage it is not an unsecured debt. It is secured by the equity beyond the $16k first.

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  • How do I approach my attorney regarding incorrect Schedule C discovered post-discharge (C7)? He wants to charge me AGAIN!

    During a recent hearing on my Motion to Avoid Lien (Real Property), the Judge informed me that he cannot rule on my motion because my home is NOT listed on Schedule C as exempt property. He continued the matter. I initially filed the motion pro ...

    Theodore’s Answer

    Write the lawyer a letter and suggest that he put his malpractice insurance carrier on notice of your claim. If that doesn't work threaten to file a complaint with your local attorney overseer office and if that doesn't give you satisfaction file a complaint. Asking you for more money on the facts you allege (and I appreciate it is only one side of the story) is, for lack of a better way to put it "chicken sh*t."

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  • Can i file unemployment overpayment under my bankruptcy? and were can i find a bankruptcy lawyer?

    i owe unemployment about 8k. can i file it under my bankruptcy? were can i ifnd a cheap lawyer that can work with me?

    Theodore’s Answer

    You should be looking for an experienced competent bankruptcy lawyer not a cheap bankruptcy lawyer. What other professional services would cause you to make a decision based on price? To do the job "right" the lawyer has to spend time on the case and perform due diigence. Time is money. If you just want someone to give you questionaires that he has his office type up for you you might as well just file the case yourself.

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  • In the Federal Bankruptcy Court, my attorney withdrew from the case. Should I tell the Judge the reasons for his withdrawal?

    In the eve of trial date, my attorney withdrew from case. I did not object because an objection would have forced my lawyer to represent me. The Judge, in hearing this, gave us one month find a new legal counsel, but because my previous attorney i...

    Theodore’s Answer

    From the fact that you mention Interrogatories and Requests For Production of Documents I infer that you have a rather complicated bankrutpcy case. If the other side intiated discovery then your attorney was bound to give them what he had. You need to hire an attorney ASAP if you want one to represent you at your trial. That should be your first order of business IMHO. I would guess the attorney will require a very large retainer from you in order to become involved. Doubt the judge will care about the possible issues with your past attorney. Judge is primarily going to want to see the case move along to trial. Cases are usually in the system for a long time before they reach the trial stage.

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