Archived
Strategy for motions In Limine: Last day to meet & confer before Trial date is 4 court days away. Will I have a chance to ...
Alan's answer
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Answered on July 30, 2014
There are statutory deadlines for opposing motions, and the cutoff date for the motions should have been set at a Case Management Conference.
Archived
Legitimate terms of service for an online service provider
Alan's answer
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Answered on July 30, 2014
These types of provisions are common, but they don't really eliminate liability for providing paid-for services if the consumer did not breach the...
In Arizona, my father told me, his caregiver, etc that he had changed his will.Does this have to be written down by an attorney?
Alan's answer
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Answered on July 29, 2014
Your question requires a complex analysis of the documents and the declarations of your father. If the new will cannot be found, the old will...
Archived
Can I take legal action against a car dealership for saying there was nothing wrong with my car right before it broke down?
Alan's answer
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Answered on July 29, 2014
If you think they negligently diagnosed the vehicle, you can sue them for the damages they caused. They will of course argue that they did all the...
Archived
How can I protect my father from family members who may try and scam him out of his home.
Alan's answer
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Answered on July 29, 2014
The main point here is that your father is making gifts "of his free will." If he wants to give away his home, he can. In fact, it is encouraged by...
Archived
If an attorney makes misrepresentations to the court is it extrinsic fraud?
Alan's answer
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Answered on July 29, 2014
It was a serious breach of the attorney's ethical obligations, and if it was untrue you should work with your attorney to reverse the consequences...
Archived
Hey
Alan's answer
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Answered on July 28, 2014
Anyone in a detention facility is in "a bad situation."
Archived
File judgment lien on a debtor's real property?
Alan's answer
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Answered on July 28, 2014
To answer your question, an attorney needs to examine the transactions and the bankruptcy docket, and investigate the value of the house at the...
Archived
What are the chances I can get my student loans forgiven in a bankruptcy claim?
Alan's answer
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Answered on July 28, 2014
I have litigated three adversary proceedings to discharge student loans. In each of those cases , I could only evaluate the chances of a discharge...
Archived
I have been told I am unable to file bankruptcy until 4 yrs has passed because I gave my daughter a house ,is this true ?
Alan's answer
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Answered on July 24, 2014
§548 allows the trustee to avoid fraudulent transfers that occurred within 2 years before the date of the filing of the petition, but §544 allows...
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