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Theodore John Koban

Theodore Koban’s Answers

295 total


  • 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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  • Husband and I are divorced. Own a home. He lives there. I live elsewhere. Mortgage is 15K. Equity line is 21K. Husband filed for

    Chapter 7. by himself. House has a homestead in Mass. House is in both names as well as the mortgages. anyway. I want to take out an equity line (in my name only)to pay off my credit cards. in order to do this though, they want me to pay off the 1...

    Theodore’s Answer

    I doubt you can take out a loan against the house that you co own with your husband without your husband signing on, While the bankruptcy is pending he can't take out the loan. When its over no one will be likely to lend to him.

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  • What are some signs that shows that an attorney is unprepared for a personal injury trial?

    This should be no surprise to any attorney answering this questions. Some attorneys doesn't prepare for trial and will advise their client to settle the case. By looking at the file (client's requested the file), what are some signs that the a...

    Theodore’s Answer

    To answer your question one would need to know the nature and extent of injury, the circumstances surrounding the injury, whether the cause of injury was beign ocntested and the local rules of evidence. At the very least the attorney should have assembled existing medical records and bills and employment records. If the tirla date was near (within a few weeks) the attorney may have prepared a pre trial memorandum, requests for jury instructions and should have issued witness supeonas. I am wondering why you are posting this question. If the settlement offer is not what you hoped it would be it doen'st follow that the reason for the low offer is the attorney being unprepared. Whether to settle the case or try it is your decision as the client. The attorney can give you advice but it is up to you to decide to go forward or not. In my world view if the attorney takes the case on on a contingency fee basis he has acknowledged that he is prepared do do whatever it takes to see the case through trial if need be. If the attorney has taken the case and is only willing to settle regardless of the terms of settlement offered call your professional regulatory agency and complain.

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  • Is it advisable to sell vehicle owned by my LLC before filing? How is LLC assets/debt handled?

    Re Consumer Chp 7 or 13: I own an LLC, 100%. Assets: $20k car (big SUV), $2k furniture, $18k CC debt,(w/ signature guarantee). We have another personal vehicle worth about $6k. We're considering selling the vehicle to raise some cash, pay out...

    Theodore’s Answer

    Your local lawyers do not want to give you advise because it is impossible to do in a vaccuum. Your post has a very brief synopsis of your situation but, in realty, the details are far more complicated then you may think on first blush. BE VERY CAREFULL transferring property before a bankruptcy filing. Doing it wrong could deny you a discharge or lead to criminal prosecution.If you hire a lawyer to proceed with a bankruptcy filing I would hope they would assist you with "exemption planning" after they have assimilated the details of your situation but before filing. DO NOT MOVE ASSETS AROUND AND THEN ENGAGE THE BANKRUPTCY LAWYER. ENGAGE THE LAWYER FIRST!

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  • Well my appeal case is in the process, i have recurrent thyroid cancer/tumors-1.3cm, cervical spondylosis,grade 1 anterolisthesi

    anterolisthesis of c2 on c3.degenerative anterolisthesichanges in the lower spine, bipolar-maniac depress..ulcerative colitis/pouchitis,also ocd. well do you think the judge is going to give me a favorable decision. i already went to my hearing, w...

    Theodore’s Answer

    I like to simplfy the SSA disabiltiy process to a single question. It is "Can you perform the simplist job in the world with your existing impairments?" Disability will also depend upon your age, eductional and work experience.

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  • I'm a small restaurant owner. I need to get out of this busniess, the busniess is very slow and I have been behind all of the

    payments including rents. Can I file bankruptcy and will it affect my personal assests (I only owned a house and still have home equity loan on it). Also, will I get out of the lease agreement which still has 5 years lease? Thank you.

    Theodore’s Answer

    In my experience small business owners personally guarantee their business loans so a personal bankruptcy is the only realistic way to get releif from debts. Yes your personal assets will come into play.

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