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Leonard Sominsky

Leonard Sominsky

  • Bankruptcy, Estate Planning, Consumer Law...
  • Arizona, Kansas
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Summary

Are you searching for the representation of a bankruptcy attorney from Phoenix? If so, it may be in your best interest to contact Leonard V. Sominsky, ESQ., PC. The firm was founded by Attorney Sominsky, who has been practicing in the field of bankruptcy since 1998. Unlike other law firms, The Law Offices of Leonard Sominsky is devoted to the practice of bankruptcy law alone. This enables Attorney Sominsky to not only maintain an in-depth understanding of all bankruptcy laws; it also allows him to provide every client with the amount of personalized attention and trusted legal counsel they deserve. Contrary to the negative way many people view bankruptcy, it actually gives individuals the chance at a fresh financial start, puts an end to creditor harassment, and stops processes such as foreclosure and repossession. If you would like to find out more about the representation a bankruptcy attorney from Phoenix may be able to provide you with, contact Leonard V. Sominsky, ESQ., PC today.

Practice Areas
  • Bankruptcy
  • Estate Planning
  • Consumer Law
  • Business Law
  • Landlord Tenant
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Arizona
Kansas
Missouri
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Languages
  • English: Spoken, Written
  • Russian: Spoken
Education
University of Missouri - Kansas City School of Law
J.D. / Law (1996)
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Student Government Senator
Honors: Research Editor of the Urban Lawyer
Activities: Published: Federal Mandates or State and Local Initiatives, Urban Lawyer Vol. 27, No.4, Fall 1995.
Arizona State University
B.S. / Economics (1993)
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Omicron Delta Epsilon Honor Society in Economics Gold Key National Honor Society
Honors: Graduated Cum Laude 4 times on Dean's Honor List
Activities: Dual Minors in both Philosophy and Political Science
Professional Associations
Arizona State Bar # 020013
Member
Current
Publications
Articles & Publications
Federal Mandates or State and Local Initiatives
University of Missouri-Kansas City School of Law: Urban Lawyer
Websites & Blogs
Website
Website
Bankruptcy Law Firm
Legal Answers
18 Questions Answered

Q. Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?
A: Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it for prosecution by the County Attorney. Basically, writing a bad check in Arizona is a crime and you MAY be fined and serve time if the County Attorney takes the case. You should speak to an experienced bankruptcy attorney before you proceed.
Q. What are my rights as a landlord whose tenant breaks their lease?
A: You have 2 options:1 file a forcible detainer action now for the rent and late fees and attorneys fees due now, or wait until the property is re-rented and sue for rent and late fees until that point. Since, you are not likely to collect a lot of $ from the tenants, you may consider suing them now, so that at least you get possession. Please inspect the property to see if its damaged and include estimates of the damages in the suit along with the rent and late fees. Contact our office if you have any questions. Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation.
Q. I am a landlord who owns a duplex. The tenants of this duplex can not get along and are bringing me into their petty
A: The answer really depends on the nature and subject matter of the feud. however, your obligations to your tenants are limited to your written lease agreement and the safety of the duplex. If you have provisions in the lease about common area maintenance or noise or pets and if the dispute is about those things than you should enforce the provisions of the lease that deal with those violations. This could mean an written notice and possible eviction. Otherwise I would stay out of it, and if the Tenants need other help, they should call the police or sue each other in small claims court. Hope this helps.
Q. Am I liable for the down payment?
A: You should consider meeting with an experienced attorney to address these issues. It is not clear who's Realtor this was, but if the real estate agent or his firm lost the funds, you and the tenant have right to sue them. The Escrow agent also has liability. I am not sure why you are responsible for the tenant's deposit money and who is demanding it. The Realtor is responsible. Until we sign a legal services agreement, I am not your attorney and this is not legal advice.
Q. Landlord wants to live in rental is this legal reason to evict? In az.
A: With a month to month lease, either party can end the lease with a 30 day written notice from the next rent paying date. Please see the Arizona Residential Landlord and Tenant Act. So as long as you give the proper notice and wait the proper amount of time, you can evict your daughter. You can evict them sooner if they are breaking the lease in some other way, like not paying any rent. Unless we enter into a written legal services agreement, I am not your attorney and this is not legal advice.
Q. Should a bad eviction notice be honored.
A: Your should have the notice reviewed by an experienced attorney licensed in Arizona. Without expert advice you take the risk that the "bad" notice is actually good enough and you could get evicted and a judgement for rent entered against you. I am not your attorney and this is just general advice.
Q. If I am married and file for bankruptcy, does it affect my spouse or are my debts counted separately from hers?
A: Since Arizona is a community property state, all your and your wife's community debts accumulated during the marriage are included in the Bankruptcy. I am assuming you are filing without your spouse for a good reason as the Trustee will be asking. Her debts she has accumulated prior to the marriage are not included. The same analysis applies to her assets, that is, all of her things acquired during the marriage are community property and should be listed in the Bankruptcy schedules. Hope this helps answer your question. These kind of case can raise all sort of red flags for the trustee, so you should consider getting a consultation with an experienced attorney before filing.
Q. can federal student loan debt be included in a bankruptcy?
A: Generally, since the 2005 Bankruptcy Reforms, both federal and private student loans are presumed to be nondischargeable in bankruptcy unless there is an 'undue hardship.' This term is not defined by the code, and it has been left to the Courts all over the country to decide case by case what is undue hardship in your specific situation. A separate motion needs to be filed in the pending bankruptcy case to challenge the loan and force a evidenciary hearing where hardship can be determined. The courts have not been kind to debtors and have adopted a narrow view of undue hardship, therefore the vast majority of student loans are not discharged in bankruptcy. You should get a free consultation with an experienced bankruptcy attorney to discuss this very important and complicated issue.
Q. I am very low income, elderly and have terminal cancer. I need to file bankruptcy. Is there any agency that can help?
A: Based on these facts it is very likely you are noncollectable and do not need to file for Bankruptcy. However, if you want to explore how bankruptcy can help, you should contact legal aid to see if you qualify for their free legal services.
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Contact & Map
Main Office
2700 North 3rd Street, Suite 2006
Phoenix, AZ 85004
USA
Telephone: (602) 635-9102
Fax: (602) 466-7438