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Kyle G. Manikas
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Kyle Manikas’s Answers

56 total


  • I have a class 6 felony can i get that sponge? It's been about 4 years

    fail to register

    Kyle’s Answer

    If it was a conviction then no. Convictions cannot be expunged in Virginia.

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  • What is the punishment for aggravated assault and it's a persons first offense?

    A co-worker of mine got into a physical altercation with another female which caused them to fight inside of their place of work. The other girl said she was going to press charges but my co-worker never thought anything more of it. This morning s...

    Kyle’s Answer

    There is no such thing as "aggravated assault" in Virginia. There is misdemeanor assault, unlawful wounding, malicious wounding, and aggravated malicious wounding (the equivalent of first degree murder). It's not clear what your friend is charged with, but she should speak to a lawyer and if there is a warrant for her arrest, she should coordinate the turn in with her lawyer.

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  • What is the procedure for expunging criminal history in the state of VA

    i have a charge on my record when i was 18 years old and now im 30 and i want to get this off my record for my career what do i

    Kyle’s Answer

    Section 19.2-392.2 of the Virginia Code governs expungements. That code section can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2. You must first submit the petition for expungement and then obatin the fingerpirnts and other information detailed in the statute. Once you do that you can notice the matter for hearing.

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  • Can I file bankruptcy and keep my car?

    My exhusband filed chapter 7 and I am now faced with a number of credit debts to pay.

    Kyle’s Answer

    It's possible, but the answer to the question would depend on a number of factors. You would have to sit down with a bankruptcy attorney in your area so he or she could asses the situtaion with you.

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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  • Will my tax return be taken if my spouse files for bankruptcy?

    We have filed a joint tax return but haven't received our refund yet. My spouse is going to file Ch 7 next month, will they take our refund or his "half"?

    Kyle’s Answer

    You should speak to your bankruptcy attorney because he or she will need to find an exemption to claim the tax refund under. If one is available (in light of other exemptions you may need to claim given your particular circumstances) you can protect the refund.

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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  • Will I be denied a security clearance if I have a bankruptcy discharge that is recent - 3 months or less.

    Will I be denied a security clearance if I have a bankruptcy discharge that is recent - 3 months or less

    Kyle’s Answer

    You should really speak to an attorney that has expertise in security clearance issues. However, you should take a look at bankruptcy code section 525 - which is a non-discrimination provision.

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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  • How long should it take for a Chapter 7 Bankruptcy to get discharged?

    I told by an attorney that I have to wait about 3 months to file bankruptcy (due to my income change) Once filed, I heard that it can take another 6 to 9 months before it is discharged. Is this the "normal" amount of time it takes? This means tha...

    Kyle’s Answer

    The answer to your question depends on how quickly your local bankruptcy court processes cases. In Nothern Virginia, the chapter 7 process takes about 3.5 to 4 months from the filing of the petition to discharge.

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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  • Will my tax refunds be sent to me since I filed bankruptcy?

    I'm in the process of chapter 7 bankruptcy. I have 3 judgements against me and they are garnishing my tax refunds. Will the refund still go to the creditors or will it come to me? My attorney isn't helping me and I'm trying to figure out what I...

    Kyle’s Answer

    You really need to get your attorney to address this. Once you file bankruptcy, the creditors garnishments should cease. They are not allowed to take action to collect on pre-petition debts. However, if you are planning on receiveing tax refunds after you file, you will need to exempt this money or you will lose it to the trustee (who will distribute it to the creditors).

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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  • I owe over $30,000 in debt and I am having trouble just paying the minimum payments should I claim bankruptcy?

    I am working making about 14,000 a yr. In the process of a divorce and my husband won't help me out with my bills. I can bearly pay the minimum on them. I owe over $30,000 in debts I was wondering if I should claim bankruptcy?

    Kyle’s Answer

    It may very well make sense for you to file. Many bankruptcy attorneys offer a free consultation. You should speak with a local bankruptcy attorney.

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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  • How can you reaffirm a debt after going ch 7? she wants to and is paying her car loan but they will not give here a statemen.

    how can you reaffirm a debt after going ch 7? she wants to and is paying her car loan but they will not give here a statemen.

    Kyle’s Answer

    It is necessary to complet and file a form with the court, however, the debor must be current on the secured debt to keep the collateral and reaffirm the debt.

    These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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