Francis N. Soaveā€™s Answers

Francis N. Soave

Saint Clair Bankruptcy Attorney.

Contributor Level 10
  1. I need to know who I can and cannot work for if I leave my current contracting company

    Answered about 4 years ago.

    1. James P. Frederick
    2. Glenn R. Matecun
    3. Francis N. Soave
    3 lawyer answers

    While the contract sections you provided don't directly prohibit you from working for anyone, there could be a situation where you could be found in violation. If you go to work for a competitor of your current company, and the competitor pursues business from the clients of your current company, you might be accused of violating the contract. This might depend on your role and position in the companies. Are you a manager, director, VP? The higher up you are, the more likely you could be...

  2. Burial payments

    Answered about 4 years ago.

    1. James P. Frederick
    2. Francis N. Soave
    3. Judith A. McDougall-Flynn
    3 lawyer answers

    I believe the answer is that prepaying these expenses will not be considered the ownership of assets making you disqualified for the benefits you are receiving.

  3. Can I rent my home that is going into foreclosure?

    Answered about 4 years ago.

    1. Francis N. Soave
    2. Kenneth E Lenz
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Yes you may do so, but I would advise you to disclose the details of the foreclosure, i.e., dates, to any prospective tenant, and get an acknowledgment in writing from them that they received and understood the information. You should have a written lease, and take last months rent and a security deposit in advance.

  4. Can I file for separation papers while in begining of a bankrupcy?

    Answered about 4 years ago.

    1. Joshua L. Ben
    2. Francis N. Soave
    3. David Alexander Browde
    3 lawyer answers

    You can file a joint bankruptcy while you are married, even if you are separated. If you question is whether you can file for legal separation while filing bankruptcy, the answer would be to file for separation first. If you are planning to file for divorce, you may also do that before filing bankruptcy, as long as the divorce judgment is NOT entered, (finalizing the divorce), before the bankruptcy is filed. Your bankruptcy and divorce lawyers must be in touch with each other to coordinate...

  5. Can my ex boyfriend get a court order to be notified of the birth of an unborn child?

    Answered about 4 years ago.

    1. Jared Clayton Austin
    2. Timothy P. Flynn
    3. Francis N. Soave
    3 lawyer answers

    There is nothing he can do before the baby is born. You can prohibit your OB from communicating with him, all information is confidential and protected by the the Patient Privacy Act. After the baby is born, he may be able to sue for paternity. Based upon your facts, he will lose. You would be best advised to try to ignore him and focus on a healthy pregnancy and delivery. Best wishes for a healthy child.

  6. I have full guardianship of my granddaughter with no expiration on my letter does that mean shes legally mine.

    Answered about 4 years ago.

    1. K. C. Baran
    2. James P. Frederick
    3. Francis N. Soave
    3 lawyer answers

    You must file the annual reports, but any interested person could petition the court to terminate the guardianship and/or have you removed as guardian. This could result in the children being returned to their birth mother or be placed into foster care. A more permanent and less easily modified form of being in charge of caring for them would be to petition the court to give legal custody of the children to you. Of course, if you were to petition the court to terminate the parental rights of...

  7. My tentant replaced all windows and adding siding to my rental-could he have any claim to my house in the future?

    Answered about 4 years ago.

    1. Jared Clayton Austin
    2. Francis N. Soave
    2 lawyer answers

    You must review the terms of your written lease. Most leases state that all improvements belong to the landlord upon the termination of the lease term. Check to see if your lease says that. If it doesn't, you may have issues with this tenant's improvements. The tenant may be able to argue unjust enrichment, or place a lien on the house. Have your lease reviewed by an attorney now. Before you lease again, have an attorney prepare your lease.

  8. If my wife and I have agreed to divorce and my wife insists I move out of the house, what are my obligations on the mortgage?

    Answered about 4 years ago.

    1. Francis N. Soave
    2. Martin Osinski
    3. David Alexander Browde
    3 lawyer answers

    If your name is on the mortgage note, nothing in your divorce will remove the liability from you. If you want to be relieved of the legal obligation to pay, your wife must refinance the house only in her name. Add an agreement to do that to your divorce judgment. But until she does it, you will remain responsible for the full mortgage payment.

  9. I plan to file a titled Petition and Order for Assignment (PC 556) for a property worth 18,400. I am confused.

    Answered about 4 years ago.

    1. James P. Frederick
    2. Francis N. Soave
    2 lawyer answers

    You didn't state what type of property it is, or how you arrived at the value. If your question is what happens to the assignee under form 556 if no creditor makes a claim against the assignee for the debt? If that is the question, then the answer is they can't pursue the assignee.

  10. I am renting a house and it is in the foreclosure process

    Answered about 4 years ago.

    1. Francis N. Soave
    2. Dominic Silvestri
    3. Theodore Lyons Araujo
    3 lawyer answers

    You will not get money from the bank. Are you currently paying the bank, or the borrower/owner? Do you have any contact with the owner? Did you stop paying rent due to the foreclosure notice?