Suing Bankruptcy Trustees
October 11th, 2017
Many people who have filed for bankruptcy and run into trouble often think of suing the bankruptcy trustee or bankruptcy receiver. However, the Barton doctrine makes it very difficult to do so. Under the Barton doctrine, in order to sue a bankruptcy trustee or bankruptcy receiver, the person who wants to sue must get permission from the bankruptcy court. There are two general exceptions to this rule: (1) when the trustee or receiver commits a tort in the court of operating the debtor’s business, and (2) when the trustee or receiver mistakenly or wrongfully seizes property that is not property of the estate from a third party.
If you have filed for bankruptcy and things have gotten complicated, feel free to contact our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.
Medical Malpractice Affidavits
September 6th, 2017
In order to file a medical malpractice lawsuit in Missouri, the plaintiff must file an affidavit giving notice that the plaintiff’s expert supports the claims made in the lawsuit.
If you have been injured and need assistance, feel free to contact our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.
Two Years to Sue a Doctor
February 16th, 2017
In Missouri, you have two (2) years from when you learned of your injury to file a medical malpractice lawsuit against a physician or other medical professional. If you have been injured, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
Be Careful What You Ask For
January 10th, 2017
When a creditor wins a lawsuit, their win is memorialized in the form of a judgment. If the judgment does not include interest, then the creditor cannot collect interest on their judgment. An attempt to collect interest, without the right to do so, can violate the Fair Debt Collection Practices Act and the Missouri Merchandising Practices Act.
If you are involved in a lawsuit, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
Wells Fargo and the $50,000,000 Settlement
November 16th, 2016
In order to settle a lawsuit accusing Wells Fargo of overcharging homeowners for appraisals after they defaulted on their mortgage loans, Wells Fargo has agreed to pay $50 million.
If you believe you are a victim of mortgage fraud, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
Asserting the Defense of Failure to State a Claim
August 9th, 2016
A Plaintiff in a lawsuit, the person who started the lawsuit, has failed to state a claim up on which relief can be granted if, assuming their allegations are true, the Plaintiff has failed to describe facts on which the law offers relief.
If you have been sued and need some legal assistance, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
Appealing a Default Judgment
May 23rd, 2016
In Missouri, if a default judgment is entered against you, you cannot immediately file an appeal to the Missouri appellate courts. Instead, you must take the appropriate action in the court that issued the default judgment. A default judgment can occur if you fail to show up to court or if you fail to respond to a petition.
If you have been sued and would like some assistance, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
Motions to Re-Consider
December 7th, 2015
While the Missouri Rules of Civil Procedure do not provide for a motion for reconsideration, the court often treats the motion as a motion for a new trial. However, a Missouri court recently ruled that a motion to reconsider filed three (3) years after the case was closed was too late.
If you are involved in a lawsuit and would like some assistance, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
What To Do If You Are Sued
September 10th, 2015
Here are a few tips that you should follow if you find yourself involved in a lawsuit:
- Don’t freak out. It is not the end of the world.
- Read everything. Make sure you read the lawsuit paperwork you are given so that you can determine who is suing you and why.
- Keep Track of Time. Make sure you remember when your deadline is to respond to the lawsuit and/or show up in court. Missing deadlines can mean that you can lose the case.
- Contact our law office. Our professional legal assistance and legal guidance can assist you in keeping calm, understanding the process, and adequately defending yourself.
If you are sued or find yourself involved in a lawsuit, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.
Attorney Fees in Oklahoma Cases
December 29th, 2014
Oklahoma courts allow for the award of attorney fees by statute if the lawsuit involves an action to recover for labor or services rendered, open accounts, statement of accounts, notes, negotiable instruments, or contracts relating to the purchase or sale of goods or merchandise. If you are looking to sue someone and wish to ask for attorney fees or you are being sued and being asked to pay attorney fees, contact our office at 816-524-4949.