Erik Scott Newton's Answers

Erik Scott Newton
Chicago Chapter 7 Bankruptcy Attorney.
Contributor Level 6

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Attorney answers:

  1. Erik Scott Newton

Can I file suit against my employer if I am an Illinois resident and my employer is in Ohio?

Asked by a user in Chicago, IL - over 2 years ago.

First, I think you are asking if you can file suit in Illinois. That is a question of venue and jurisdiction. If your employer does business in a county in this state, then you can file in that county for venue purposes. If the suit arises from your employment contract to be performed in this state by a state resident, then you can sue on the contract in this state/county. Jurisdiction and venue are fact-specific, and you'd need to provide more facts to an attorney to say for sure on the...

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Attorney answers:

  1. Erik Scott Newton
  2. Arieh Mordechai Flemenbaum

Do I need to register my IL LLC in CA?

Asked by a user in Chicago, IL - over 2 years ago.

If you are doing business in California, then you need to register the company there. They will also require an agent for service of process. Be careful here because California has strict and sweeping laws on business conduct in the state, from the unfair competition law and the CLRA to state-level micromanagement of business. You need to cross your Ts and dot your Is. You may want to talk to an attorney to find out the specific requirements and get you on the right path. My firm and/or...

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Attorney answers:

  1. Erik Scott Newton

Do I have to file lawsuit against Public Storage (PS) and Willis Insurance ?

Asked by a user in Seattle, WA - over 2 years ago.

To begin, you might be able to find someone to help you there if you contact Volunteer Legal Services, 900 4th Ave, Seattle, WA, (206) 623-0281. It sounds as if you had a contract with Public Storage (PS) whereby you would pay a monthly rent. Since you are saying you owed $428 in June, I'm assuming your rent for more than one month was late (for all the reasons you said, a shelter, domestic violence, etc.). While you did have a contract with them with respect to the deadline for payments...

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Attorney answers:

  1. Erik Scott Newton

What are my rights? Is my school legally in the wrong?

Asked by a user in Bryant, AR - over 2 years ago.

Your school has to provide equal access to the public forum. This means that if they give similar organizations space and time twice a month, then they have to give you the same treatment. I don't know so much about adding your GSA to the list of official organizations. But even that strikes me as something they should be doing. You really should be in touch with a public legal services organization in your area, or someone like Lamba Legal or GLADD. Feel free to contact my office and we...

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Attorney answers:

  1. Keith R Rudzik
  2. Erik Scott Newton

If i co-operate with a lawyer on a subpeona i received, can he cancel the first time and date and move it to the next day???

Asked by a user in Waterbury, CT - over 2 years ago.

Typically, a person is required to appear only at the time indicated in a duly issued subpoena. You could agree with counsel that another time is appropriate if you wish. But your presence can only be commanded at a time and place specified in a duly issued subpoena by a court with jurisdiction over you. If he was unavailable on the date indicated in the subpoena, and you don't agree to the other date, the subpoena will need to be reissued by him with a new date and time.

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Attorney answers:

  1. Erik Scott Newton

Art school is filing bankruptcy (chap7), can my prepaid tuition be claimed as Unsecured Priority (7) as "deposit toward service

Asked by a user in Anaheim, CA - over 2 years ago.

The answer is maybe. I am not aware of any case law directly holding that such prepaid tuition for education towards a first profession is "for personal, family, or household use." Then again, I'm not aware of any to the contrary. You should contact an attorney in your area to get a better statement of whether there are decisions governing this in your jurisdiction. But, I think you should consider filing a proof of claim(s) in the alternative. First, treat the prepaid tuition under 11 USC...

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Attorney answers:

  1. Erik Scott Newton

I am in chapter 7 bankruptcy but i have a friend whom is wanting me to become POA can i do this legally while in bankruptcy?

Asked by a user in Valley, AL - over 2 years ago.

Yes. You should check with your bankruptcy attorney or preparer to discuss the details and come to a final conclusion. However, a power of attorney is a special legal relationship between you as agent and the person giving the POA as principal. I assume you are talking about a POA over financial affairs and economic matters. This gives you the power to operate in the financial sphere just as that person could govern their own affairs. Usually, this means writing checks, paying bills, and...