Brian J. Passante's Answers

How to obtain a copy of a court transcript in Dekalb County Georgia

There are occasions when court proceedings are closed by law or by a confidentiality order entered by the court. For instance, grand jury proceedings are closed and are secret deliberations. Some family court matters (and the pleadings) may not be available unless you meet certain requirements. For civil matters, not every matter, appearance, or hearing may be recorded in Georgia. Unless the Court or the parties request a transcript or recording of the civil proceeding, there will not be...

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Business bankruptcy affect personal assets?

Your business bankruptcy case can impact your personal assets, and will likely impact you in some meaningful ways; but a substantial impact is not a forgone conclusion. Only careful review and consultation with our business and bankruptcy attorney, and accountant will enable you to measure and weigh how significant the impact may be on your personal assets and liabilities. The scope of the impact can depend on the method you your capitalization and funding of the business entity, how inter-...

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Verbal agreement

Texas law may differ, but ion most US states. the laws of contract require that certain types or classes of contract be contained in a writing to be legally enforceable (examples: contract for sale of real estate; agreement to reaffirm a extinguished debt; a contract that requires performance for a year or longer). Yet, even in states and circumstances where a written contract might otherwise be required for legal enforcement, where there has been part performance, the courts may also...

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Electronic discovery

This is a good question that raises a number of issues -- issues becoming more common in today's business environment. There is no hard and fast rules about document (and electronic data) retention policies. Further whatever rules you understand and adopt today, may be changed next year. So continuing education and re-evaluation are in order on this topic. No matter whether its a document retention policy for electronic "business records" or old-fashioned paper, document retention and...

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Major joint purchase

Other points you should consider are the potential impact on your ability to independently pay any mortgage and taxes on the house should your marriage plans go awry. So the considerations here would include all of those admonitions about weighing other options carefully before co-signing or guaranty of someone else's debts. A home purchase, and the mortgage that often accompanies the purchase is a long term legal commitment and investment. So you should plan accordingly. If you do not...

E-mail offers

Aside from the contract formation concepts already mentioned, your question also focuses on the electronic or e-mail nature of the communication. However, despite the rapid changes in technology over the past 50 years, the law of most states, and federal laws that affect trade and commerce have nearly caught up in some areas. Not only can electronic expressions be treated as an admissible document, or form part of a contract, or the contract itself, but also electronic signatures are...

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Cell phone bill dispute

This forum is probably not well suited to address your complicated fact scenario. You have apparently been able to accomplish some of your objectives through your due diligence. The amount of your dispute seems substantial, and it might be advisable to retain a skilled attorney in your state to some sound legal advice. First, If you have not done so, you should document you complaint and efforts to resolve the dispute in writing, and send by US Mail certified, return receipt to document your...

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Home owners association violation

I am unsure about Washington State's laws in this respect, and the laws of the separate states can vary in this respect. But you should recognize that the CC&R's are a covenant or contractual commitment, thats "runs with the land." This means that acceptance of the CC&R's by acquiring the land with public notice (in the real estate records at the courthouse) is an acceptance of this contract. Sometimes the Covenants themselves are self-executing and setup the remedies and rights for...

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Health information

The first answer to your question was a great overview. To see where some of the healthcare provider collected statistics are summarized, reported and shared for public health purposes, see the CDC web Site Listed Below.

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Who calls the play

Your question really seeks legal advice that is impossible to give in a public forum or without a full understanding of all of the facts of your anticipated bankruptcy case filing. The type of bankruptcy case can have some impact on the question, as can when the payments are made. The federal bankruptcy laws seek to level the playing field somewhat so that creditors paid in certain timeframes in advance of the bankruptcy will NOT receive preferential treatment. After the bankruptcy...

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