Monday, November 23, 2020

Liability of Parents for Property Damage of Child

 There are a number of situations in which you may be held liable for your child’s property damage.   According to Mississippi Code section 93-13-2, parents are held liable when their children maliciously or willfully” damage another person’s property.   Under Mississippi law, parents could be held liable for up to $5,000 of property damages. Note that this does not include bodily injury or pain and suffering.

Wednesday, November 4, 2020

Bankruptcy and Attorney's Fees

 

Chapter 7 debtor's prepetition personal injury counsel was entitled to share of settlement later obtained by Chapter 7 trustee:

 Under N.Y. Jud. Law § 475, a law firm that had represented the debtor for nine years in a personal injury lawsuit prior to the debtor's Chapter 7 bankruptcy filing was entitled to a charging lien on the settlement proceeds for the "reasonable value" of the services that the law firm provided where the Chapter 7 trustee subsequently settled the litigation. The court concluded that the law firm was entitled to fees of $22,888.22 and expenses of $3,447.13, for a total of $26,335.35.

 In re Rivera, 2020 WL 5047422 (Bankr. S.D. N.Y., August 26, 2020)