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Michael A Fakhoury
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Michael Fakhoury’s Answers

23 total

  • Closing a case that remains open (district court of central islip) and went to criminal court in riverhead

    My brother got arrested, first he was charged in islip then the case went to riverhead where he took a plead deal and was sentenced to a year (to be released some time in march) but the wrong date (september) shows when we look at the case on the ...

    Michael’s Answer

    His lawyer needs to address this right away - contacting the judge may be helpful as well. You may also try calling the jail and discussing this with someone there. '

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  • Myself and my wife have filed for bankrusy to save our home but the owner of the park where my home is at keeps sending me stuff

    through the mailcan someone please tell me what i can do

    Michael’s Answer

    I assume you filed a bankruptcy petition and received a discharge in bankruptcy. If that is the case, then most pre-bankruptcy debt was discharged. If the owner of the park is billing/sending you bills for pre-bankruptcy/discharged debt, that may be a violation of the discharge order. If the owner is billing you for post-bankruptcy debt, that is allowable as this debt was not discharged in bankruptcy.

    Hope that helps.

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  • Can I sue a municipality for a motorcycle accident that was caused by poorly paved road.

    While riding a motorcycle I hit a patch of pavement that is essentially a reverse pothole, sticking above the rest of the road by 3 inches. I wrecked the bike, broke my ankle, punctured my lung, and plenty of road rash. So can the county be held l...

    Michael’s Answer

    You may have a cause of action. First, you (or your attorney on your behalf) need to have served a written notice of the condition. This is called a Notice of Claim. This notice must be served within 90 days of the accident. If the road was a State road, you would have to file a Notice of Intention to make a claim within the same period. Second, if a third-party such as a private contractor or utility company conducted repair work on the roadway which, you may have a cause of action against a non-municipality. You should hire an attorney and/or a private investigator to take photos and complete an investigation report. Good luck.

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  • Can family members be included in a wrongful death suit along with a Home Health Care agency

    In filing a possible wrongful death suit, can family members who paid themselves as caregivers for an elderly person, who died of possible neglect, be included as defendants along with the Home health care agency?

    Michael’s Answer

    Yes, you can include family members in your claim. I also recommend speaking with an elder law attorney in the Yonkers area to help you navigate through the process. Best of luck

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

    If our home wasn't reaffirmed in our Chapter 7 BK, but we have remained in the house and are continuing to make the monthly payments, do we need to list our monthly mortgage payment on a loan application? Technically we're still paying it, but on...

    Michael’s Answer

    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 agreement on real property. The benefit of not having a reaffirmation agreement is that in the event you default on the real property loan in the future, you will not be held personally liability for a possible deficiency judgment. In other words, you may be able to "surrender" the property in the future without any possible judgment. However, if you had a reaffirmation agreement, and if you make your payments on time, that will help your credit rating. Further, if lenders stop sending your monthly statement, a lot of my clients lose track of their payments. As president of the Hudson Valley Bankruptcy Bar Association, I will be proposing a new local rule forcing real property lenders on debtor's primary residences to continue to send monthly statements and other financial information to debtors receiving a discharge in Bankruptcy if the property is retained. I hope that helps.

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  • What can I do if I was scammed by my bankruptcy layer?

    I paid my attorney $1000 to file bankruptcy. However after passing her, she rendered no services, and now ignores all phone calls and emails.

    Michael’s Answer

    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 represent your interest.

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  • My boyfriend and daughter were hit 2 days ago by a car turning at an intersection do we have a case?

    The driver claims he didn't see them due to a car running a red light. My boyfriend claims there was no other car present. He and my daughter were crossing in a cross walk when they were hit. My daughter thank goodness was uninjured other than bei...

    Michael’s Answer

    You probably do have viable claim. Consult with a personal injury attorney to determine your rights. With regards to your daughter, she needs to be treated both physically and emotionally. You boyfriend does have a viable claim. As long as you were crossing on a cross walk, you did have the right of way and the driver of the automobile is liable for causing the accident.

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  • In NYS, if I was arrested on false charges, can I sue complainant for malicious prosecution if the case is dismissed via ACD?

    This person falsely charged me with a DV crime. I received a lousy Legal Aid lawyer and counseled that a trial, which I wanted, could take a year to commence (Apparently, 60 days for a speedy trial is not literally 60 days) and that if I took an A...

    Michael’s Answer

    Maybe, but keep in mind you need to file a Notice of Claim if you intend on filing a suit against a municipality or government entity. You also have timing issues with notice of claim, etc. Contact a civil rights lawyer immediately.

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  • Should I file for bankruptcy?

    I am 20 years old and I would like to go back to college. I owe 1950 to fafsa for a loan, and I might oowe them 5000 for a grant because I left school. I owe 1000 to citibank for a credit card. I also owe 4000 to another grant for college and 10...

    Michael’s Answer

    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.

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

    Am considering a settlement request for an auto accident that was the fault of the other party; there were multiple fractures and severe bruising.

    Michael’s Answer

    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 will be reimbursed for any disbursements made by the attorney. The client (you) will then be given the net amount after the legal fee and disbursements.

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