Michael A Fakhoury’s Answers

Michael A Fakhoury

Fishkill Personal Injury Lawyer.

Contributor Level 8
  1. What can I do if I was scammed by my bankruptcy layer?

    Answered 4 months ago.

    1. Scott Benjamin Riddle
    2. Eric Edward Rothstein
    3. Michael A Fakhoury
    4. Sandra A Kuhn Esq.
    5. Seni Popat
    6. ···
    6 lawyer answers

    If your bankruptcy lawyer is ignoring you, you need to demand your legal fee back and hire another lawyer. A certified letter would most likely get your lawyer's attention. If that does not work, you may want to file a grievance as long as you paid the lawyer and the lawyer refuses to represent you and refuses to return your legal fee after a significant amount of time and effort. I hope that helps - it is not fair that you have to go through all of this when your lawyer is supposed to...

    3 lawyers agreed with this answer

  2. Should I file for bankruptcy?

    Answered 4 months ago.

    1. Michael Byk
    2. Eric Edward Rothstein
    3. Arthur Wemegah
    4. Lynda Wesley
    5. Michael A Fakhoury
    6. ···
    6 lawyer answers

    Considering the costs and fees involved in filing for bankruptcy, and considering that your most likely will not be able to receive a discharge of your school grants/loans, I would not recommend you file a bankruptcy petition with only $1,000 of unsecured debt. You may be better off settling your unsecured debt directly with Citibank. Good luck.

    3 lawyers agreed with this answer

  3. Can we sue the store if another customer had spilled liquid on the floor and caused a granny aged 60yr+ serious injuries????????

    Answered 11 months ago.

    1. Gregory Scott Gennarelli
    2. Jeffrey Mark Adams
    3. Andrew Lawrence Weitz
    4. Yefim Rubinov
    5. Eric Edward Rothstein
    6. ···
    14 lawyer answers

    In New York State, you can file a suit against the owner of a premises based on the information you provided in your question. You would need to provide that the owner knew or should have known about the spilled liquid. In other words, you would need to show that the owner had either actual or constructive knowledge of the danger (spilled liquid). The fact that another customer spilled the liquid is not necessarily important - what is important is that the owner or tenant of the premises...

    3 lawyers agreed with this answer

  4. I have been divorced for a year and I'm having a lot of difficulty keeping up with my bills.

    Answered about 1 year ago.

    1. Michael A. Koplen
    2. Brad S. Margolis
    3. Sean Thomas Wright
    4. Theodore Lyons Araujo
    5. Michael A Fakhoury
    6. ···
    6 lawyer answers

    A Chapter 7 Petition in Bankruptcy seems appropriate for you (I would have to go through other questions to give you proper legal advice). In a Chapter 7, your possible deficiency judgment stemming from the foreclosed house should be discharged (forgiven) along with other debts you may have. Other debts include credit card debts, medical debts and bank loans. Once a Bankruptcy Case is filed, you are afforded an automatic stay which would prohibit your judgment creditor from garnishing your...

    3 lawyers agreed with this answer

  5. Can I file the money I owe IRS in Bankruptcy ?

    Answered about 1 year ago.

    1. Kevin Christopher Gleason
    2. James Wade Schwitalla
    3. Dorothy G Bunce
    4. William Joseph Kopp Jr.
    5. Michael A Fakhoury
    5 lawyer answers

    Personal income tax debt may be discharged in Banrkutpcy. In Chapter 7 bankruptcy, you may be eligible to discharge your IRS debt, but only if all of the following tax code rules are met: 1. The 3-Year Rule: The tax return on which the tax debt arises must have been due at least three years before you file for bankruptcy. This usually means April 15 of the year the return was due. If an extension was filed, then it means August 15 or October 15 of that year, or beyond to the actual filing...

    Selected as best answer

  6. I filed for Chapter 7 bankruptcy and had my Creditors Meeting on July 30th. The trustee discharged it as a no asset case and

    Answered almost 2 years ago.

    1. Michael A Fakhoury
    2. Robert A. Stumpf
    3. Deborah F Bowinski
    4. Walter C Oney Jr
    4 lawyer answers

    You are correct in that any debt you owed to the storage company prior to your filing is discharged and you only owe them storage fees that became due after your filing date. I suggest you either file a motion in bankruptcy court to re-open your bankruptcy case for the purpose of filing an Adversary Proceeding against the storage company for violating the Bankruptcy Discharge Order. Call your bankruptcy attorney and let him/her know that you want to find the storage company in violation of...

    Selected as best answer

  7. Is there any typical contingency fee structure used by personal injury lawyers?

    Answered 5 months ago.

    1. Gregory Scott Gennarelli
    2. Jeffrey Ira Schwimmer
    3. Eric Edward Rothstein
    4. Michael J Palumbo
    5. Anna Goldman
    6. ···
    12 lawyer answers

    In New York, the contingency fee that your attorney usually has in the retainer agreement is 33 percent of the settlement or verdict award. The Appellate Division in the 2nd Department enacted a new rule this year which states that an attorney that pays the costs and expenses of an action "out-of-pocket" will be able to calculate their contingency fee based upon the gross sum recovered. In other words, the attorney fee will be 33 percent of the full settlement amount and then the attorney...

    2 lawyers agreed with this answer

  8. If I file bankruptcy and surrender my house, does plan go up?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Allen A. Kolber
    3. Todd Joseph Mannis
    4. Michael A Fakhoury
    5. Diane L Gruber
    5 lawyer answers

    It depends. First, you should consider how much your alternative living expenses will be. If you will eventually pay essentially the same or close to the amount of your mortgage and taxes, then the trustee would not object to the confirmation of your plan. If your expenses will be significantly less than the amount of the current mortgage and taxes, then yes, the Chapter 13 may file an objection to the confirmation of your Chapter 13 Plan. Second, you may consider converting your Chapter 13...

    2 lawyers agreed with this answer

  9. How often should my personal injury lawyer be returning my calls?

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Jeffrey Bruce Gold
    3. Scott Joseph Whitbeck
    4. Christian K. Lassen II
    5. Michael A Fakhoury
    6. ···
    7 lawyer answers

    Your attorney should return phone calls within one to two days. No-Fault issues can and do effect the personal injury case. As such, your attorney should assist you in your no-fault questions. If you do choose to change your attorney, it would be best to first consult with another attorney to see if he/she wishes to take over your case. Switching your personal injury attorney does not make your case look bad (it may actually help your case as long as your new attorney puts in the time and...

    2 lawyers agreed with this answer

  10. Do I need to show monthly mortgage payment on loan app. if mortgage wasn't reaffirmed in Chapter 7?

    Answered 4 months ago.

    1. Arthur Wemegah
    2. Michael Hal Schwartz
    3. Blake Owen Brewer
    4. Richard D. Granvold
    5. Michael A Fakhoury
    6. ···
    6 lawyer answers

    I agree with my colleagues here. First, you should have filed a reaffirmation agreement for your auto loan. Typically, the auto loan lender sends your bankruptcy attorney a proposed reaffirmation agreement for your review and signature. Once completed, the reaffirmation agreement is filed with the Bankruptcy Court for approval. Second, with regards to the house, unfortunately, most court, including the Southern District of New York Bankruptcy Court, do not allow for a reaffirmation...

    1 lawyer agreed with this answer

We're ready to help. Contact us today.

845-896-5200