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Matthew Scott Berkus

Matthew Berkus’s Answers

7,962 total


  • Can I sue my university for negligence/educational malpractice?

    I am currently enrolled in nursing school. Prior to attending school, I had asked the program director if getting my RN license in California would be an issue despite my past criminal history (two DUIs). The school assured me there would not be a...

    Matthew’s Answer

    Almost zero chance of a successful case against the school. Sorry. The school is not responsible for your personal situation. About all the school can guarantee is that successful completion of its program satisfies the academic requirements for licensure.

    On a side note, do you have the statement in writing. i.e. do you have an email saying that a DUI convictions will not prevent licensure. If you don't have it is writing, you have nothing.

    I don't know the RN requirements in CA, but by the way you wrote your post, it seems like you are not, per se, forbidden from getting your RN, but that there is some sort of enhanced requirement and hoops to jump through. If that is the case, then the school official didn't lie.

    Lastly, as Eliot points out, even if you got someone to file the case, I doubt you would survive a motion to dismiss. They would argue that the license requirements are a matter of public record and you could and should have reviewed your self (which is true).

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  • Is it discrimination, if a disabled student receives other accommodations but not proper accommodations in a university?

    Under the Section 504 law for students with disabilities, it is discrimination if a student has a medical disability and needs proper accommodations and is not receiving them. Gets thrown back and forth between professors and disability office. D...

    Matthew’s Answer

    As William and Emily aptly answered, you are learning that the requirements for accommodating disabilities drastically change when you enter college...and for that matter, the work force. So, I hate to be crass, but you might as well start getting used to it. Nothing you described indicates any adverse discrimination. Granted, as Michael points out, the analysis is situation and fact specific. So, if you really want to find out, you can pay for a consultation with a disability discrimination lawyer who can review the situation and elicit all the necessary information to determine if you have a claim. But, from what you describe, the University is more right than you are.

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  • Am I responsible for tuition of the school failed to process my financial aid before the ad/drop deadline?

    I was enrolled full time at a university and also completed/provided all necessary financial aid documents before all applicable deadlines. I reached out a handful of times to be financial aid office about my aid status and was told they are "back...

    Matthew’s Answer

    The problem with your situation is that the deadlines to submit financial aid are not dictated nor bound to the school's add/drop deadline. There is no duty placed upon the school to submit FA packages prior to the add/drop deadline if the FA package's deadline is later. For example, for the 2016-2017 academic year, the FAFSA deadline is actually June 30, 2017 (practically after the academic year is over), as a practical matter, no one ever waits that long, but that is the technical deadline.

    The big mistake you made was failing to attend the classes. Unfortunately, that is a mistake with which you will have to live with the consequences.

    Sadly, I doubt you have any recourse and will need to pay. Now. the possible silver lining is that you may be able to bankrupt the debt (but that is getting harder now...that is a longer discussion that is beyond the scope of this forum and your question).

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  • Can I sue graduate school for falsly advertising average graduate salary rates with my degree? I was sent email from an online

    Can I sue graduate school for falsly advertising adverage graduate salary rates with my degree? I was sent email from an online director before starting studies at school saying the average salary of students graduating with masters degree with sa...

    Matthew’s Answer

    As David points out, there is nothing here to sue over. Also, what "records" are you referencing in which you found out the lower amount, and did you ask for verification from the person that emailed you the number? If you want to spend some time and MONEY, you may sit down with an attorney and they can explain all the problems with your position and why you don't really have a case, it is too much to get into here.

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  • Dean from college put my account on administration hold.

    The dean at my college had put my account on administration hold. I was suspended for six months. I did not argue with her. I obey her rules and did not return back. The suspension ended on December 2015. I am trying to go to a different college, ...

    Matthew’s Answer

    You haven't really described the problem. From our perspective, we don't know what the administrative hold entails, what it is you are trying to get, and what problems you are having. You need to clarify your situation. However, I doubt the dean even knows, and certainly doesn't care, that you are bipolar. If your account is on hold (whatever the means), it probably means you owe money to the school.

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  • Is it appropriate if a attorney writes client settlement check from his "APLC" A Professional Law Corporation account?

    Question about trust account should have been set up

    Matthew’s Answer

    Why do you care....what is your sudden axe to grind with the attorney. In any event, this may be a non-issue...the account could be a trust account, just that the face of the check may not make that clear. The attorney doesn't necessarily need a separate trust account for each client or case. The trust account is still a firm account...so I am not sure what you are expecting to see. The name of the firm would be on the check. Now, as a matter of good practice, the checks should reference, in some way, that the account against which the check is drawn is a trust account (states and banks have various titles for these accounts, the most common is IOLTA-interest on lawyer's trust account).

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  • Need a lawyer to forward a letter to Ethics and Compliance Officer in Kansas for anonymity

    Would like to obtain a price for a lawyer in Kansas. I have a one page letter drafted and reviewed by a paralegal that I want a lawyer to review and send. The Ethics program promised protection for its employees submission, but don't offer that f...

    Matthew’s Answer

    As a general rule, ethics and compliance boards (across all fields) will not investigate anonymous complaints.

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  • Should I reaffirm my mortgage now that property values are up and I have equity in my homestead residence in South Florida?

    I've been reading quite a bit about the advantages and disadvantages of reaffirming a mortgage loan in bankruptcy, but it seems that much of the information is out of date and based on the fact that many people were "under water" and owed more on ...

    Matthew’s Answer

    Whether you have equity or don't have equity in the property is immaterial to the question. Even if you have equity and can afford the mortgage payments, I see no benefit to reaffirming.

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  • Is a business-use only vehicle an exception to the 910 day rule?

    I've been told that there is an exception to the 910 day (cramdown) rule (Chapter 13) bankruptcy IF the vehicle in question is used for business only. Specifically, I am an owner-operator, and the vehicle is a semi-truck driven over-the-road for b...

    Matthew’s Answer

    There are more issues here. Who (or what entity) actually owns the truck. Do you own it in your personal capacity (albeit you use it for business) or do you have an LLC or Corp. owning it? Is the loan in your name? Also, understand that rule as to how you value the vehicle for cram down is not intuitive. Unless the truck that you bought in March of 2016 was new, you are going to be hard pressed to show a significant enough decrease in value to even do cram down. The rule for cram down value is what a vehicle of like age and condition would sell for if sold by a "retailer." Assuming you can even do a cram down, the creditor will fight you tooth and nail on the value.

    Also, I think you do run into an issue with the 1 year rule. That is something you need to verify with local custom on that issue. The 1 year rule doesn't necessarily carry the qualifier for "personal, family, or household" use like the 910 rule carries. But, there is an argument that the 1 year rule wouldn't apply (based on the wording in section 506).

    The cross-coll is an interesting wrinkle, I don't see that it helps you with regard to the truck bought in March 2016.

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  • How do I find out the names of all the attorneys within a "law firm" in California?.

    My attorney ran a "law Group", I was under the impression that she alone was the only attorney in her business. Later, she has her husband handling my case. I want to know if there is a register or some other public informative arena that I can ac...

    Matthew’s Answer

    Read your retainer or fee agreement. That will answer the question as to who you hired (although not in a specific way). If you hired Jan Doe P.C., understand you hired a firm, not a person. Anyone employed or contracted with that firm could work your case.

    Is the case for which you hired this firm still pending. If the case is over, there is nothing to do with the information even if you found it.

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