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Elias T. Xenos

Elias Xenos’s Answers

15 total


  • I won my case in immigration case but prosecutor appealed, now the BIA decision was that my case was sustained what does it mean

    What does BIA decision mean they said my case was sustained

    Elias’s Answer

    Sustained generally means that the lower court decision was upheld. That means you won the appeal; the prosecutor lost.

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  • Commercial Real estate, return of security deposit.

    I used to rent commercial office space in Macomb. I just received a bill after a 5 year tenancy for things that are clearly wear and tear. (painting, patching walls, etc). I would like to know what my grounds would be for challenging this. I k...

    Elias’s Answer

    Your lease agreement will govern the condition in which you must surrender the premises. Independent of any contract or express agreement, at common law a tenant must treat the premises in such a manner that no substantial injury shall be done them through any negligent or willful misconduct on his part, and must make fair and tenantable repairs. However, a tenant is not liable for mere wear and tear of the premises, nor bound to replace any portion thereof worn out by time.

    Let me know if I can be of further assistance.

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  • My apt got broken into whyle me and my 2 yr old son were homw am i able to break my lease because we were in danger!

    can i break my apt lease because of a B&E

    Elias’s Answer

    It depends. Your landlord has a duty to protect you from unreasonable risks of harm that result from the foreseeable criminal acts of third parties, if the danger was created or enhanced by the landlord. Thus, you may be able to terminate your lease if yhe break-in arise from, say, your landlord’s failure to provide adequate lighting and locks in common areas. However, your landlord's duty does not include providing police protection or security guards to prevent criminal acts, because a landlord does not have a duty to protect you against the general hazard of crime in your community.

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  • My fiance' and I filed fr a K-1 visa and was denied because of the Adam Walsh Law. Is there any other way that I can bring her

    We wish to be married here in the states and live here. Is there any way she can come here legally and marry here?

    Elias’s Answer

    She'll need a waiver, and, assuming she's granted a visa by the embassy/consulate, she'll need to get married within 90 days of her entry into the United States. The waiver will have to be based on an extreme and unusual hardship (presumably to you). Call me if you want to discuss this in more detail.

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  • In a bankruptcy, if assets were transfer within the last 2 years, can the transactions be reversed by the trustee or the court?

    Some one owes me money that is now filing bankrupcty, but has transfered vehicles, and ownership of a building to another individual that money was owed? Could this be considered Fraud, what are the laws and how do I proceed to get paid.

    Elias’s Answer

    Yes. Under Section 548 of the Bankruptcy Code, a trustee or debtor in possession may avoid any transfer of the debtor’s interest in property or obligation of the debtor that was made or incurred on or within one year before the date of the filing of the bankruptcy petition in the event of fraud. However, As an alternative to proceeding under Section 548 of the Bankruptcy Code, the Trustee also has the power, under Section 544(b) of the Bankruptcy Code, to avoid any transfer voidable under Michigan's fraudulent conveyance statute, which is 6 years.

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