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Hamid Jabbar

Hamid Jabbar’s Answers

229 total


  • How can I get a second lien on a home released by the bank? It was included in a bankruptcy three years ago.

    I am not paying on this lien. Bankruptcy was discharged three years ago. How can I get the bank to release the lien?

    Hamid’s Answer

    I agree with the prior answer. Chapter 7 discharges the debt, but the lien remains. You can either negotiate for a lien release with the second lienholder, usually for a lump sum payment. Or, you may be eligible to file a Chapter 13 to strip the lien.

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  • What is the legal libality of someone sighing an abrition agreement upon entering a nursing home

    That person falls out of bed and dies

    Hamid’s Answer

    Depending on the circumstances, the arbitration agreement may or may not hold up. This is an issue your attorney will have to address. If the clause does hold up, however, don't think of arbitration as the absolute worst thing in the world. While arbitration often gets a bad rap for being stacked against plaintiffs, that is not always the case, and one good thing about arbitration is that it often a faster process. Courts in Arizona are extremely back-logged with cases. That means if you are unable to settle early, you can be looking at two years before you can get to trial. Arbitration does not have the same strict procedural requirements as litigation and will be faster.

    Our firm handles these types of cases as do many other lawyers on this site.

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  • Shopping center merchants feel damaged financially due to the center's owner prematurely announcing the center's closure.

    A group of retail merchants feel they have been injured recklessly and possibly irrevocably by this media announcement that has caused business to fall off dramatically. When the news was announced, the owner had not even taken its first legal st...

    Hamid’s Answer

    The merchants who are parties to lease agreements with their commercial landlord might very well have causes of action against a landlord who makes statements and disseminates information harmful to the merchants' businesses. Without knowing more it would be impossible to fully advise, but right of the bat I can think of several possible causes of action, including breach of the covenant of good faith and fair dealing and interference with prospective economic advantage. I would suggest one or more of the merchants consult with an attorney to see whether actual claims exist.

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  • I'm being summoned for auto loan debt. When trying to settle, is it okay to say that I might have to resort to bankruptcy?

    I took out the auto loan in Oct. 2007 and I have been summoned in March 2013. I have no job, bank accounts, and home; i have nothing in my name except for the car. A friend is currently providing free lodging and food until I find a job. I'm tr...

    Hamid’s Answer

    Yes, you can certainly tell the plaintiff you are considering bankruptcy. However, do not expect this to stop them in their pursuit of the case. Filing a bankruptcy might actually be an option for you given your current situation, but you should consult with a lawyer to determine your legal options, including whether you have defenses to the current lawsuit.

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  • Is a website a tangible asset in terms of tax deductions?

    I was working on a website for a non-profit organization, so they could collect donations online. They were going to pay me $50/hr and I worked for 100 hours. Towards the middle of the project, we came to an agreement that instead of them paying m...

    Hamid’s Answer

    This is an interesting question and one that I think could best be answered by a CPA.

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  • While in Chapter 13, Should I try to collect on a lien not reported to trustee?

    During my divorce, two years prior to filing chapter 13, my ex and I had a piece of land that he "sold" to his brother and I got a lien out of it. I did not report it on my bankruptcy and I am 1/2 into my pymt plan. I do not have a court judgeme...

    Hamid’s Answer

    I agree with everything that has been said. Failure to disclose assets can be a serious issue (and is a federal crime). Speak with your attorney ASAP regarding amending your schedules and, if necessary, your plan.

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  • My school is planning on increasing tuition by 27%. Is there any legal recourse available to the student body?

    This is a private graduate school and the vast majority of the student body have taken out unsubsidized loans to pay for the education (4 yrs). Administration decided to make the announcement to us at the end of our first year, when most student a...

    Hamid’s Answer

    If you can prove that affirmative statements as to the fee increases were made, you might be able to make out a false advertising or fraud case. The University of California system was recently ordered to pay back in the neighborhood of $40 million in fee increases it imposed on professional students in the early 2000s because of representations is made that fees would not increase. These cases are hard fought, totally dependent on the facts, and take years to pursue.

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  • Is it considered "deceptive" if a car dealer is unable to provide proof of denial for financing from a bank I know I'm financed

    I have received financing from my bank for a vehicle. The car dealer and I settled on a price for a thousand dollars more than what I was approved for. They said they should be able to get the same rates with the extra thousand dollars. The nex...

    Hamid’s Answer

    Since you have financing lined up you are not really damaged by these sharp sales tactics because you do not have to accept what the dealer says--you can just use your external financing. The dealer is, however, required to provide you certain information pursuant to the Fair Credit Reporting Act. The dealer must supply the name of the credit bureau they contacted. Some dealers send these notices by mail a few days after a denial. You also have the right to get a free copy of your credit report (the one they pulled). If you don't receive either of these after request, you might have a cause of action. I know of no requirement in the law that a dealer provide you "proof of denial" but I agree with you that these types of practices are suspect. It sounds like you are an educated consumer and will end up getting the financing you desire.

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  • On death of spouse in community property state does home automatically go to spouse

    spouse has cancer should wife change home to her name only before death

    Hamid’s Answer

    The answer depends on a number of factors such as how the title is held, when the couple was married, and whether there are any wills or trusts involved. You definitely need to consult with an estate planning attorney.

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  • Does having a will that states you are a resident of Ohio when you are living in another state and has been for several years

    void a will

    Hamid’s Answer

    Your question seems to have been cut off, but it sounds like you might have a will that was drafted in Ohio and are now living in another state (maybe Arizona). It's easy enough to fix issues with wills while you are alive, whether by amending with a codicil or having a new will drafted. I suggest you contact an estate planning lawyer in your state.

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