John Refaat Habashy’s Answers

John Refaat Habashy

Los Angeles Litigation Lawyer.

Contributor Level 12
  1. Should I seek an attorney to negotiate rear-end accident settlement? (~5k car damage & injuries)

    Answered about 2 years ago.

    1. Steven Mark Sweat
    2. David J. McCormick
    3. Christopher E. Russell
    4. John Refaat Habashy
    5. Jeffrey Mark Adams
    6. ···
    13 lawyer answers

    Typical insurance companies. They're friendly when your choosing policy and paying premiums. The second you need help, they shut down! You have the right to sue and/or make administrative complaints. The insurance company is required by law to disclose the information necessary for you to file an administrative complaint for an improper denial of compensation. In your case, you should prepare a final "time-limit" demand (30 days should be good). Prepare a thorough letter with exhibits...

    11 lawyers agreed with this answer

  2. During a open ch7, just 32 days after creditor hearing and while negotiating with a secured auto lender, CAN the lender repo car

    Answered about 2 years ago.

    1. Malcolm Wallace Ruthven
    2. Michael John Primus
    3. John Refaat Habashy
    4. Navid Kohan
    4 lawyer answers

    Maybe. Section (h) of the 362 seems to be the code section which the creditor is relying. However, I believe if you have indicated on your "statement of intentions" to redeem or reaffirm (and have made a good faith effort) then the repossession was inappropriate. This is a contested area in the code and it is relatively surprising that the creditor was this aggressive (considering the facts you have laid out in your question). I suggest speaking with your attorney. If you do not have...

    6 lawyers agreed with this answer

  3. How many months/years is a bankruptcy trustee able to use income I receive to pay off debtors?

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. John Refaat Habashy
    3. Robert A. Stumpf
    4. Bruce Allan Wilson
    5. Peter Walter Weston
    5 lawyer answers

    It depends: if the "funds" are from an agreement made prior to the filing, then the Trustee can attempt to claim them as assets of the estate. You will need to consult an attorney regarding the proper form of disclosure (i.e. schedule B v schedule I or others) and review the possibility of exemptions. What type of funds are you referring to in your question? If you are not represented by counsel, feel free to call and schedule a free consultation.

    5 lawyers agreed with this answer

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  4. Contract. I lent a small business $100,000. Now it won't repay. Do I have a contract?

    Answered about 2 years ago.

    1. Shalem Shem-Tov
    2. Frank Wei-Hong Chen
    3. John Refaat Habashy
    4. Scott Richard Kaufman
    5. Uduak Inyang Oduok
    5 lawyer answers

    I agree with my fellow attorneys. I recommend trying to gather documents and information from the "friends" before they feel you are adversarial. Maybe they can send you an email correspondence with a time frame for making payments. This would not replace your contract, but it would certainly help you overcome any allegations of you being an "at risk investor". You do have a quantum merit claim...this can literally turn on which Judge is assigned the case. good luck!

    5 lawyers agreed with this answer

  5. My sister is being sued by a lady who she rear ended as a result of her being rear ended. What can she do?

    Answered about 2 years ago.

    1. Donald Steven Sjaarda
    2. John Refaat Habashy
    3. Michael Charles Doland
    4. Joel Jay Kofsky
    5. David Phillip Beeson
    5 lawyer answers

    report to your insurance company immediately....! you can also sue the person who hit you for indemnification. good luck!

    5 lawyers agreed with this answer

  6. Green light for me and i was driving straight up when suddenly a vehicle dash across and hit my car, what to do?

    Answered about 2 years ago.

    1. John Refaat Habashy
    2. Sidney Weinstein
    3. David W. Terry
    4. Arkady Igor Itkin
    4 lawyer answers

    Get the witnesses information. You'll have a chance to impeach them later at trial or in preparation of trial. Make sure you identify the witness issue with your insurance company. Good luck!

    5 lawyers agreed with this answer

  7. I have no insurance. It's version vs version as the witnesses are non responsive. The at-fault driver has injuries.

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. John Refaat Habashy
    3. Timothy Kent Hobbs II
    4. Howard Robert Roitman
    5. Andrew Ronald Gillin
    6. ···
    6 lawyer answers

    Sounds like you need to track down the witnesses yourself. Once your sued, you can subpoena the witnesses to testify at trial (or notice their deposition). If its not looking good, you may want to consider bk.

    5 lawyers agreed with this answer

  8. Can your spouse be liable for my business debts w/ personal guarantees debts occurring before the marriage in California?

    Answered about 2 years ago.

    1. John Refaat Habashy
    2. Bruce Allan Wilson
    3. Thomas J. LoSavio
    4. John Noah Kitta
    4 lawyer answers

    That's a really tough question. If they obtain a judgment against you while married, they may attach the judgment to community property. They cannot sue your wife (or wife to be) because she is not a guarantor. However, once a judgment is obtained, they can attempt to seize your property, even if it is a part of the community. I would suggest taking care of the problem before getting married. Or get married and see a good lawyer about keeping separate property. My firm is admitted...

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  9. Do i need a sexual harassment lawyer or attoney?

    Answered about 2 years ago.

    1. Linh Thiet Nguyen
    2. Timothy Blaise Broderick
    3. Katrina Margaret Saleen
    4. John Refaat Habashy
    5. Christine C McCall
    6. ···
    6 lawyer answers

    the case against the "fellow students" is not so strong. A case against the school would be better if you could prove that those in charge knew about the conduct or participated. Of course, each case is different and I would speak with an attorney in person about the issue. If you take a defamation approach, you will may have to answer questions about the rumor. There are qualified privileges related to truthful statement. This process can be uncomfortable and stressful. At the very...

    3 lawyers agreed with this answer

  10. In California can I file bankruptcy on a piece of property I own jointly with two other parties?

    Answered about 2 years ago.

    1. Gary Ray Fraley
    2. John Refaat Habashy
    3. Curtis Lamar Harrington Jr
    4. Robert A. Stumpf
    5. Kyle Hause
    5 lawyer answers

    Yes. In bankruptcy, you do not get to select "which properties" to include or exclude. You must list all your assets, liabilities, income, expenses and any transfers. I would suggest speaking to an attorney about your "end game" or goals to determine if bankruptcy is right for you.

    3 lawyers agreed with this answer