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Hamid Jabbar

Hamid Jabbar’s Answers

229 total


  • Should I notify my bankruptcy attorney?

    I hired counsel for Ch 7 proceedings in early 2011 . I was granted a discharge in June of the same year . My attorney told me I should have absolutely zero contact ( attempt to collect or other correspondence ) post discharge . Recently I sta...

    Hamid’s Answer

    Attempts by a creditor to collect on a discharged debt usually violate the Bankruptcy discharge. You should absolutely tell your attorney.

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  • If my dad lives in co and i live in az how do i handle trusts or estate matters

    My dad is in his final stage of cancer and is entering into hospice soon. I live in az, he isin co. I am worried and want to file application to become his conservator of the trust/ estate/ will matters how do i do this in az? Do i in co?

    Hamid’s Answer

    I am very sorry to hear about your father. You are going to need a Colorado attorney to prepare whatever estate planning and and of life documents are necessary. You can either engage a Colorado attorney directly or get a local Arizona attorney to associate with one to accomplish what needs to be done. Because your father will be the one granting you rights and he lives in Colorado, this will need to be done in conformance with Colorado law.

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  • I have a friend living in UK ,letter of authority made me beneficiary of her late husband assets.Is this legal

    and if so can i contact his solicitor and request all legal documents

    Hamid’s Answer

    I agree with other responses that you need to find out whether this is legal in the place of the estate. In this case, that is the UK. You should either look into consulting with your own UK solicitor or contact the solicitor for the estate as suggested by others.

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  • If I file for bankruptcy, does the back I'm using for credit card sales have the right/ability to keep my credit card sales?

    I plan on filing for bankruptcy, both personal and business. If I'm using the same bank for credit card sales and for a checking account for the business, can they lawfully take any credit card sales as I default on my credit cards?

    Hamid’s Answer

    The answer is going to depend on what your agreements with the bank provide. Many consumer and business credit agreements contain provisions allowing banks to use funds on deposit in borrowers' accounts to satisfy credit card or other debts owed to the same banks. It is, therefore, common for a bank to deduct money from a bank account to pay a credit card that is past due. The bank can only do this, however, if the agreements provide them the right. There is no general right given to banks under the law to do this without first bringing a lawsuit to collect on the past due debt. Your situation is further complicated because you have a merchant account. No attorney is going to be able to advise you without fully reviewing your agreements with the bank. Since you plan on filing bankruptcy, this should be something you discuss with your bankruptcy attorney.

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  • Can my texts be used against me in court?

    I am suffering from depression after having my son who is 6 months. Me and the father (unmarried) are breaking up. Sadly, I have sent him texts that are horrible. I can honestly say it was my way of coping and taking out frustration and they were ...

    Hamid’s Answer

    I agree with Ms. Srednicki's response. Text's can be used in court provided that the party wishing to use them can meet certain foundational evidentiary hurdles. These types of issues are best addressed by a competent family law attorney.

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  • Does this shirt design violate any copyrights?

    So lets say I wanted to go on google and pull an image of Marilyn Monroe's face and then alter it in Photoshop. The image taken from google originally was a detailed black and white shot but after my editing, it now has the appearance of a stamp, ...

    Hamid’s Answer

    There are a number of considerations and caveats in your question, but here is two cents. When you grab an image from Google, you have to determine (1) whether the image is subject to copyright protection and if so, whether your use of the image is permitted by the copyright owner. In your hypo I will assume that the image from Google is subject to protection and is controlled by a copyright owner who has reserved all rights--i.e. your use is entirely unpermitted. In your hypo you would then be making a copy of the image and altering it. This type of manipulation would be a "derivative" work of the original. That is to say, you literally did copy the original but have added or subtracted in such a way that creates a new original work. Your new original work would be subject to its own copyright protection but you still have to worry about whether it infringes the prior work. Your reference to Warhol is relevant because your defense to infringement would rest upon the doctrine of fair use. But to know whether your use is a "fair use" is a complicated question and the best legal opinion you will ever get is a "maybe" or "it depends."

    At its essence, the fair use doctrine looks at four factors: (1) the purpose and character of your use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portions taken; and (4) the effect of the use on the potential market for the original. Since your use is going to be on a commercial article of clothing, your use would be commercial in nature---as opposed to purely artistic like Warhol's use--and this weighs against a fair use. However, your use is transformative in nature in that it took a simple photo and made it into an artistic image. Nevertheless, courts are reluctant to give much weight to transformative uses that do not comment or critique the original or something else (such as parodies). The nature of the copyrighted work is unknown in your hypo so this factor is neutral. The amount and substantiality of the work taken weighs against fair use because you took the entire photo as opposed to just using a small portion of it. And finally, the effect of your use on the potential market is unknown because your hypo does not provide information regarding the market for the original and whether it is also sold on commercial clothing articles. If sued by the copyright owner, a court would analyze these factors and decide whether your use is infringing or a fair use. Now you see why lawyers are reluctant to opine with any certainty.

    You also need to consider trademark and right of publicity issues. In general, Warhol got away with making art out of trademarks like Campbell Soup and other previous art because his uses were purely artistic--they were not being used to sell t-shirts at the time and his uses were transformative in nature and commented on the original works, society, or other issues in such a way that they were of significant artistic importance. In my practice I often give this rule of thumb to any artist wanting to know whether their use is "fair." If you are planning on putting it on a single canvas in an art gallery it is probably fine because these types of uses do not affect the market for the original and are purely artistic in character. If you are planning on making t-shirts, putting the images on bags, or printing books your use then starts to look like a commercial venture (not purely artistic) and these types of uses often draw the attention of the original owners and can lead to cease and desist requests or legal action. Of course, it is impossible to opine properly without more details and you cannot rely on this type of information in lieu of legal advice.

    Hope that helps.

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  • My 75 year old parents have about $40000.00 of credit card debt, no assests, a car pmt, 2k soc sec. should they file bankrupcty

    they have nothing, no real estate, bad health, yet they are getting calls from creditors.

    Hamid’s Answer

    I agree with my colleagues. They have fairly substantial debt that could likely be eliminated in a bankruptcy and may enjoy a quieter existence when the creditor calls stop.

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  • Do I have a small claims case if someone refuses to pay me after I have already provided service?

    I made a verbal agreement with the groom of wedding 3 weeks prior to the ceremony for photography services. They were to pay me $500 on the day of the wedding. I was there from 12:30pm - 9:30 pm and took over 500 photos, including portraits. Af...

    Hamid’s Answer

    Based on your facts it sounds like you have an enforceable contract and can likely proceed to small claims court to enforce it. Oral agreements for services of this nature are enforceable and do not have to be in writing. Your evidence of the agreement is also fairly strong because you performed your end of the bargain.

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  • Long story short i had a pipe with resin on it got charged with possession of drug paraphernalia

    what charge should i expect? is there any way to get the sentence reduced? i really dont want this to be a felony.. this is a first time drug offense

    Hamid’s Answer

    You will probably end up with two charges: (1) Possession and Use of Marijuana; and (2) Possession of Drug Paraphernalia (Whenever I have had a case like yours, those are the charges I see). These are both Class 6 felonies. More than likely based on your location you will be assigned to Early Disposition Court (EDC) in the Southeast division. If it is your first offense, there may be a way to get assigned to TASC, which is treatment and have the charges dismissed. However, you should consult with an attorney as soon as possible because every case is unique and there is no way to get reliable advice via the Internet.

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  • We filed Chapter 7 in September 2011 and it was discharged in November 2011. We have to pay the federal $135.00 and are

    receiving a return from the state om $295.00. Do we have to give the $295.00 to the court or do we deduct the 135.00 we have to pay and give them the difference.

    Hamid’s Answer

    In most cases Trustees in Arizona will require you to send them a copy of both returns and the refund check. You cannot offset with your federal liability. However, given the small amount of your state refund it is possible that the Trustee will abandon it. I would call your Trustee and ask him/her whether they want you to send it in or not. In the meantime, do not endorse or deposit your state refund check.

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