Lawrence Joseph Marraffino's Answers

I want to dismiss my ch 7 bankruptcy but don't want to file a motion. Won't the trustee just dismiss it if I don't attend 341?

I respectfully disagree with my colleague from Massachusetts. It depends on the trustee. In my jurisdiction, some trustees do file motions to dismiss based on failure to attend the 341 meeting. If you have an attorney, you should ask him/her for their advice. The important question is who is the trustee and what is their track record is such situations.

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Read ended... I need legal advice on an open case, I think my lawyer made a mistake!

There may be a case of fraud on the part of the insurance company or malpractice on the part of your attorney. You need to seek the advice of an independent attorney as soon as possible. I would recommend you see an attorney who specializes in legal malpractice. First get your attorney to give you the "Declarations Page" of the person who caused your accident. Then go to a legal malpractice lawyer.

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Considering bankruptcy chapter 7/ need bankruptcy/ divorce attorney

Federal law provides that it is illegal to discriminate against people who file bankruptcy in employment. Of course, an employer can fire you and blame it on something else, however in over 25 years of practicing bankruptcy law, I have NEVER had a client come back to me and say they were fired or discriminated against due to filing. I assume I would have heard of it had it happened. It sounds like filing bankruptcy could help you. I do practice both bankruptcy law and divorce law. Please...

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Causation Issue For Disabled In Personal Injury Cases

This is not a question of civil rights, but a question of disabled clients finding the right attorney willing to fight to trial if necessary. Florida law recognizes aggravation of a pre-existing condition as an element of damages. Insurance companies DO NOT like to pay this, but can be forced to if taken to the brink of trial or to trial. Your clients need an attorney who has a reputation of taking his/her cases to trial. They should look for Florida Bar Board Certified Civil Trial Lawyers...

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Where can I find the proper form to complel the plaintiff in foreclosure to produce the original note (pro se)

I respectfully disagree with my fellow attorneys on one point. You can file a "Request to Produce and Inspect" the original note and mortgage at any time. You do not have to wait for the summary judgment hearing. A foreclosure is just like any other lawsuit and you have the right to make the mortgage company prove every part of its case. My colleagues seem to forget that there are a lot of problems with mortgages these days and some banks cannot prove their cases! I do recommend you hire...

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Am I considered to be "negligent" if my vehicle was pushed into another vehicle?

Someone could try to claim that by saying you were too close to the vehicle in front of you, but its a tough case to prove if you were stopped. You should report the accident to your auto insurance ASAP if you have not already done so. They should have hired lawyers to represent you. You also have the right (at your expense) to hire a lawyer to represent your interests as the insurance company lawyers are really representing the interests of the insurance company. The insurance company has...

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Chapter 7 Bankruptcy

You can file Chapter 7, but you would have to pay the amount your vehicles exceed your exemptions. First, they may not be worth as much as you think. I always advise my clients to have their vehicles estimated for needed repairs. You may deduct the value of needed repairs from the value of the vehicles. Then you can "buy back" your vehicles from the trustee for the net value. Most trustees will give you up to one year to pay and some up to 18 months. I hope this is helpful.

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I need to find a law for the state of florida where I can sue a woman who got my husband drunk, slept with him and gave him std

Your husband may have a cause of action if she knew she had an std and failed to disclose it to him and knowingly passed the disease on him. This is a newer area and would require more research on my part to fully answer. The law would be murkier as to your rights.

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Relates to chapter 7 bankruptcy Florida Middle District. We received our discharge on 4/4/12 but not a final judgement .

The discharge means your debts are "discharged" or now gone. There is no final judgment. There is a final closing of the case. This comes later if there were any assets to distribute. If there were no assets, you can expect that your case will close in a few weeks.

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How to found out if my father left a will

If your father died leaving a will and it is submitted to a court for probate, it must be done in the county he was living at the time he died. There is a form you can file called a "caveat" that you can file with the clerk's office that makes sure you get notice if and when a will is filed on his behalf. You would need to meet with a probate lawyer either where you live or in the county where he died to prepare that for you. Actually, even I could do it for you as it is relatively simple....

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