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Patrick Walter Begos's Answers
- 83 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Can I file for bankruptcy if I make $50k per year and have $30k in credit card debt
I would generally recommend that someone with a single problem debt focus on resolving that problem, rather than filing bankruptcy. To use an phrase that came up in the debate quite a bit last night, the question is whether you use a hatchet or a scalpel. With bankruptcy, you give up a lot of control over your assets, and a lot of flexibility in dealing with creditors. Sometimes it's necessary to give all this up if you need to preserve assets that the creditors have almost reached, but...
5 people marked this answer as helpful
1
Attorney answers:
My neighbor has put in a drain line running onto my property. Is this legal and what can be done if not?
No, your neighbor cannot run a drain line into your yard without your permission, whether the line is above the ground or below the ground. There could be situation where, for example, there's a long-standing easement to run a sewer line out to the street, but that kind of situation doesn't appear to be what's happenning to you
4 people marked this answer as helpful
1
Attorney answers:
Can I file a lwa suit against my business partner for stealing my half of the business? Can I freeze the company operations?
YOu may have a claim against your partner, but it depends on many variables, including: the structure of the business (partnership, llc, etc), what your interest was in the business, how it was capitalized, whether your partner had the authority, under the business structure, to do what he did. It's unlikely that you can get an order freezing operations of the new company, nor would you necessarily want to, because those operations is what's likely to pay the damages you're seeking....
4 people marked this answer as helpful
1
Attorney answers:
If I negotiate down a credit card balance will it affect my credit rating negatively
If your loan is unsecured, and you can't make the payments, a creditor will often be willing to negotiate a different deal, whether it's payment of a reduced amount of the entire debt, or reduction of the monthly payment. You will have to be prepared to demonstrate what your income, assets and liabilities are, to back up a statement that you cannot afford the debt. It is also sometimes difficult to get through to the people who have the authority to modify the loan. There are often gatekeepers...
4 people marked this answer as helpful
1
Attorney answers:
How long after initial foreclosure notice do i have to move what happens if they come with a sherriff? can i keep my belonging
Depending on what you mean by "initial foreclosure notice", it could be many months before you have to worry about losing your house. If you mean a summons and complaint in a foreclosure action, if you did absolutely nothing, and the bank's lawyers were on the ball, it would be around 3-6 months before the foreclosure was completed. I don't recommend doing nothing. If you hire a lawyer who knows what he/she is doing, you can often stay in your house for a year or more after the...
3 people marked this answer as helpful
1
Attorney answers:
What are a debtor's rights against creditor who has received a judgment for hospital bill
It sounds like the hospital got a judgment against you "by default", meaning that you never appeared to defend against the claims. This is not uncommon. For example, if you were served at your last "known" address, even if it wasn't your actual address, that might be valid service. In my experience, though, it's rare that a defendant has absolutely no idea that a lawsuit is coming or is pending. It's more typically a case of ignoring communications. What you need to do is see if you have...
3 people marked this answer as helpful
3
Attorney answers:
What are the minimum qualifications for filing chapter 7 bankruptcy
If your only debt is credit card debt, and if you don't have substantial assets to protect, bankruptcy is likely an unnecessary burden and expense for you. With bankruptcy, you are locked into strict rules about how creditors get treated, and what happens to your assets. You are giving up flexibility and control for whatever "benefits" bankruptcy gives you. A better option would be to have someone negotiate directly with the credit card companies. You say you hired someone to do that a year...
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3
Attorney answers:
Can we send summons thru electronic mail ?
Not without a court order. Service of a summons is a very technical affair, and it has to be handled in one of the specific ways outlined in the court's rules (and these rules can differ from state to state, and court to court). NY does not allow service of a summons electronically. If, however, your process server has diligently tried to serve the summons in one of the permitted ways, but has been unsuccessful, you can make a motion to have the court permit some other form of service....
1 lawyer agreed with this answer
2
Attorney answers:
How should you respond to a foreclosure summary judgement? Can I apply for programs while in mediation?
You ask about responding to summary judgment. It is vital that you oppose that motion if you have any defenses to the foreclosure (and if you don't know of any defenses, you should absolutely consult with a lawyer about it). We find that many clients think that, as long as they are talking to someone at the mortgage company, or engaged in the mediation process, that they don't have to deal with any of the other events that are occurring in the foreclosure case. This is not true, and you can...
1 lawyer agreed with this answer
1
Attorney answers:
Are there laws regarding severance pay for a long time employee who is let go from a job?
There is no law that requires a particular amount of severance, or any severance at all. Some companies may have employment policies in which they've committed to pay a certain amount of severance. Or a particular employee may have a contract that entitles him to severance. But typically, even though a company may usually pay a certain amount of severance, it's a matter of courtesy or custom, not a requirement. It is also common practice these days to offer some severance in exchange for...
2 people marked this answer as helpful