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Michael A Fakhoury
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Michael Fakhoury’s Answers

28 total

  • Who would be a good attorney for this case and a figure for a settlement amount as this will have an affect on his future

    my son is 19 he suffered a crush injury to his right foot while working his summer job this happened 6/11/2015 . he has had 5 surgeries so far am unsure how many more he may end up with a partial amputation we are looking for a good attorney for t...

    Michael’s Answer

    You really should interview with at least a couple of good, local attorneys that focus on personal injury claims.

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  • How can I still owe the IRS back taxes that were discharged by the Bankruptcy Court with Tax Release Notices?

    I filed for Chapter 7 Bankruptcy in 2013 and all outstanding Federal Tax Debt was Discharged. Subsequent to the Discharge I received Tax Release Notices stating that all corresponding taxes and obligations have been satisfied for the years covere...

    Michael’s Answer

    You should provide the IRS with your discharge forms and the creditor list

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  • Is it typical to pay a personal Injury attorney, one third of settlement plus cost or is cost usually included in the one third?

    I am considering hiring a Personal Injury attorney for a slip and fall. She would like to take the case and said that she would charge me one third of settlement plus cost?

    Michael’s Answer

    Yes, an attorney (at least in NYS) can and almost all charge a 1/3 legal fee once the case is settled or verdict rendered in your favor. The costs and disbursements are usually deducted from the gross amount before the legal fee portion is deducted.

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  • What does it mean if you file chapter 13 with no discharge available?

    My chapter 13 bankruptcy was discharged last year and I need to file again.

    Michael’s Answer

    If you file bankruptcy again within one-year of a previous pending bankruptcy case, you can still get the automatic stay if you also file a motion seeking to extend the automatic stay and providing proof of changed financial status. So you can get the benefit of the automatic stay even if you are not entitled to a discharge in bankruptcy.

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  • Can they with hold for a debt after filing on bankruptcy??

    Owed IRS money for taxes 2015. 2015 I filed bankruptcy and they said all my debts were clear. Filed taxes this year and they are with holding $4000. For that debt.

    Michael’s Answer

    Some income taxes are dischargeable in bankruptcy. You can discharge your back federal, state, and local income taxes in Chapter 7, Chapter 13, and Chapter 11.

    THE 3 YEARS, 2 YEARS, 240 DAY RULES.
    The Bankruptcy code sets out specific time periods that determine if you can discharge your taxes, often called the 3-year, 2-year, and 240-day rules (or the 3-2-240 rules). Under these rules, you can discharge taxes that came due 3 years before filing for bankruptcy, as long as it has been at least 2 years since you filed the tax forms and 240 days since the taxes were assessed.
    1. The 3-Year Rule. This rule states that to discharge your back income taxes, they must become due at least three years before you file for bankruptcy. Bankruptcy Code §507(a)(8)(A)(i). Typically, your federal and most state income taxes become due on or around April 15th of each year. In most cases, it is simply a matter of adding three years to this due date to determine the earliest date you can file for bankruptcy and still discharge your taxes.
    2. The 2-Year Rule. Under the 2-year rule, your income tax returns must have been filed at least two years before filing your bankruptcy petition. This requirement allows you to discharge your taxes, even if you filed your tax forms late, as long as you file them at least two years before filing for bankruptcy. §523(a)(1)(b)
    3. The 240-Day Rule. Taxes must be assessed at least 240 days before you file for bankruptcy under this rule or not assessed at all. As a practical matter, the date of assessment is typically on or near the date you filed your income tax form (assuming the IRS and you agree on the amount of taxes owed). However, if you file a correction or a change results from an IRS audit, the assessment date may be substantially later. §507 (a)(8)(A)(ii)

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  • Closing a case that remains open (district court of central islip) and went to criminal court in riverhead

    My brother got arrested, first he was charged in islip then the case went to riverhead where he took a plead deal and was sentenced to a year (to be released some time in march) but the wrong date (september) shows when we look at the case on the ...

    Michael’s Answer

    His lawyer needs to address this right away - contacting the judge may be helpful as well. You may also try calling the jail and discussing this with someone there. '

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  • Myself and my wife have filed for bankrusy to save our home but the owner of the park where my home is at keeps sending me stuff

    through the mailcan someone please tell me what i can do

    Michael’s Answer

    I assume you filed a bankruptcy petition and received a discharge in bankruptcy. If that is the case, then most pre-bankruptcy debt was discharged. If the owner of the park is billing/sending you bills for pre-bankruptcy/discharged debt, that may be a violation of the discharge order. If the owner is billing you for post-bankruptcy debt, that is allowable as this debt was not discharged in bankruptcy.

    Hope that helps.

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  • Can I sue a municipality for a motorcycle accident that was caused by poorly paved road.

    While riding a motorcycle I hit a patch of pavement that is essentially a reverse pothole, sticking above the rest of the road by 3 inches. I wrecked the bike, broke my ankle, punctured my lung, and plenty of road rash. So can the county be held l...

    Michael’s Answer

    You may have a cause of action. First, you (or your attorney on your behalf) need to have served a written notice of the condition. This is called a Notice of Claim. This notice must be served within 90 days of the accident. If the road was a State road, you would have to file a Notice of Intention to make a claim within the same period. Second, if a third-party such as a private contractor or utility company conducted repair work on the roadway which, you may have a cause of action against a non-municipality. You should hire an attorney and/or a private investigator to take photos and complete an investigation report. Good luck.

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  • Can family members be included in a wrongful death suit along with a Home Health Care agency

    In filing a possible wrongful death suit, can family members who paid themselves as caregivers for an elderly person, who died of possible neglect, be included as defendants along with the Home health care agency?

    Michael’s Answer

    Yes, you can include family members in your claim. I also recommend speaking with an elder law attorney in the Yonkers area to help you navigate through the process. Best of luck

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  • Do I need to show monthly mortgage payment on loan app. if mortgage wasn't reaffirmed in Chapter 7?

    If our home wasn't reaffirmed in our Chapter 7 BK, but we have remained in the house and are continuing to make the monthly payments, do we need to list our monthly mortgage payment on a loan application? Technically we're still paying it, but on...

    Michael’s Answer

    I agree with my colleagues here. First, you should have filed a reaffirmation agreement for your auto loan. Typically, the auto loan lender sends your bankruptcy attorney a proposed reaffirmation agreement for your review and signature. Once completed, the reaffirmation agreement is filed with the Bankruptcy Court for approval. Second, with regards to the house, unfortunately, most court, including the Southern District of New York Bankruptcy Court, do not allow for a reaffirmation agreement on real property. The benefit of not having a reaffirmation agreement is that in the event you default on the real property loan in the future, you will not be held personally liability for a possible deficiency judgment. In other words, you may be able to "surrender" the property in the future without any possible judgment. However, if you had a reaffirmation agreement, and if you make your payments on time, that will help your credit rating. Further, if lenders stop sending your monthly statement, a lot of my clients lose track of their payments. As president of the Hudson Valley Bankruptcy Bar Association, I will be proposing a new local rule forcing real property lenders on debtor's primary residences to continue to send monthly statements and other financial information to debtors receiving a discharge in Bankruptcy if the property is retained. I hope that helps.

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