Matthew Bryant’s Answers

Matthew Bryant

Garden City Insurance Law Lawyer.

Contributor Level 13
  1. I have paid Sallie Mae for 10 years and still owe $22,000 + on college loans. Can I somehow pay off for 40 to 60% of total?

    Answered over 4 years ago.

    1. Matthew Bryant
    2. Brad Howell
    2 lawyer answers

    The short answer is no. While Suz Ormond is correct, she is not talking about student loans. "Student Loans" are a unique class of debt -- trust me, I have plenty -- and they are not only statutorily immune from discharge but guaranteed by the federal government. I invite all specialists to chime in, but the only instance I can find where relief is provided to student loan debtors is when a debtor is able to prove that the "debt" doesn't qualify as a loan, which means no money changes hands....

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  2. How does debt go away after statue of limatations?

    Answered over 4 years ago.

    1. Matthew Bryant
    2. Theodore Lyons Araujo
    3. Mark Hankins
    4 lawyer answers

    This is a difficult situation. As stated, either NY or CA may apply but i think the dispositive factor is where you "used" the cards. Under NY law, a credit card company must prove actual use by itemization. If the itemization shows that the use occured in CA that is a very strong argument that CA law should apply. (Also, if you have your credit card agreement, that could designate which state law applies.) If you get sued, you can use the statute of limitations to either defend or potentially...

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  3. If an Order & Judgment is not submitted to confirm the decision of a Judge, what is the status of that decision?

    Answered almost 5 years ago.

    1. Matthew Bryant
    1 lawyer answer

    Well, you may have a serious issue. It depends on what court though. For instance, in state court if the judge directs a party to settle judgment, that party has 60 days under court rules to do so. Failure to submit within 60 days is abandonment unless the failing party can show good cause. Feel free to contact me to discuss your options in a free consultation. if you are working with another attorney alread, be sure to reference 22 NYCRR 202.48 for the abandonment rule.

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  4. An instrumental of a song I owe lyrics publishing to was taken and used on a commercially available release. What can I do?

    Answered almost 5 years ago.

    1. Matthew Bryant
    2. Gordon Philip Firemark
    3. Mario Sergio Golab
    3 lawyer answers

    Do you own the copyright to the song or the copyright to lyrics. They are not necessarily the same thing, for example, if you wrote the lyrics for someone else or sold the lyrics. Assuming you own a valid copyright on the song itself, and assuming the instrumental version is not actually a derivative work or your work, you should start with a cease and desist letter and a demand for royalty payments depending on who, when, and how the infringment occured. Call my office for a free...

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  5. Can a supreme court ruling (2010 New Hampshire) be used to dismiss or help my case (New York)?

    Answered over 3 years ago.

    1. Matthew Bryant
    2. George Peter Conway
    3. Keith G Langer
    3 lawyer answers

    The short answer is that the New Hampshire opinion may help but it is not binding in New York. NY's statute defines larceny in a manner that includes the "intent" to deprive another property. Accordingly, the New York Court of Appeals has ruled that a shoplifter need not exit the store to satisfy the "taking" aspect of the crime. (That opinion, People v. Olivio, is attached below.) You in fact may be able to come up with a valid defense but you need to work with a criminal defense attorney...

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  6. Can I register an LLC while receiving unemployment Insurance?

    Answered almost 5 years ago.

    1. Matthew Bryant
    2. Ellen A. Victor
    3 lawyer answers

    Ms Victor raises a good point so I took a look at the case law. While there is no case that, at least none that I can find, that says merely incorporating disqualifies an individual, cases do come close. Claimants have been denied where they incorporate, and prepare business cards, stationary, and attend gatherings or solicit business for their new venture. The issue is not whether you are receiving income, but whether you stand to benefit from the start-up's existence. I would suggest...

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  7. Is there a "hail Mary" way to overturn a ruling, free me from a release and allow me a new Pro Se trial although status is LLC

    Answered over 3 years ago.

    1. Matthew Bryant
    2. Joseph Jonathan Brophy
    2 lawyer answers

    If you have a District Court order dismissing your case with prejudice you need to go to Rule 60(b) and (c) of the Federal Rules of Civil Procedure for all the ways you can vacate a judgment and when you may do so. Hint: 60(b)(6) is the "hail Mary" rule but very difficult to successfully use.

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  8. Are talented artists selling their soul by signing mandatory personal release forms for reality tv talent shows like the xfactor

    Answered over 3 years ago.

    1. Daniel Nathan Ballard
    2. Matthew Bryant
    3. Pamela Koslyn
    4. Matthew Thurman Nagel
    4 lawyer answers

    I actually think its very nice that they (the show) spell it out for you so clearly. They could use arcane, staid centuries-old language that sounds more like a magic spell out of Harry Potter but instead spell out what is perfectly within their rights to ask of unknown participants lining up for a chance to be on the show. This is really a business issue, not a legal one. The show could face hundreds or thousands of lawsuits by disgruntled and unhappy participants. The release that seems so...

    2 lawyers agreed with this answer

  9. Can you sue a company for discrimination if it is non-employment related?

    Answered over 3 years ago.

    1. Matthew Bryant
    1 lawyer answer

    There are two parts to your question. The first short answer is that the federal and state anti-discrimination laws are not limited to employment situation but apply to "public accommodation". State law specifically prohibits refusal to engage in trade for discriminatory reasons. The second part is more difficult. A classic example of discriminatory trade practices is a car rental company that refuses to do business with individual customers for discriminatory reasons, Harvey v. NYRCAC, Inc....

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  10. Can landlord evict the family members of the deceased tenant of a rent control apartment when lease expires?

    Answered almost 5 years ago.

    1. Matthew Bryant
    1 lawyer answer

    If your mother was a senior or disabled citizen, you need to live with her at least one year to acquire a right to stay. If she was neither, you need to live with her for two years. The following is directly from the Division of Housing and Community Renewal: http://www.dhcr.state.ny.us/rent/faqs.htm#ol10 Are family members protected from eviction when the tenant dies or permanently leaves the apartment? What is the definition of "family member"? Generally, succession rights are...

    4 people marked this answer as helpful

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