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I also have a retirement account with over $25,000 in it. If I file for bankruptcy, will the court view that as an asset?
Wants money from equity, what is she intiled to. She contributed to 1/3 off all bills
answered on Jun 1, 2017
The law provides for an allocation of the equity in such a situatiin (assuming that you are both owers) but there's no apparent, clear answer. From the facts you gave, it seems like she should receive between 20% and 33% of the equity.
Is husband considered the sole owner of the house now? And since we are selling the house on a land contract to one of our son's best friends, would it be allowed to have the young man's name put on the deed as a co-owner (until he pays it off---then it will be solely the young man's)?
answered on Apr 28, 2017
One person can generally successfully maintain only one case at a time. I won't go into the hypothetical possibility of multiple cases involving one person. An individual could file and if he conducted business as a sole propreitor, it would be both a personal and a business bankruptcy.... View More
We are closing on A house and offered the sellers 30 days free rent with the option of an additional 30 days if they pay us a prorated rent based on our mortgage payment. Am I crazy or should we expect to know what exact day they plan on moving out before closing or do we wait and sit after closing... View More
answered on Apr 25, 2017
When you allow the seller to remain after closing, you become a landlord. To evict an unwilling tenant takes 30 days or more and can cost hundreds of dollars or more if you hire an attorney. Plus, you have to contend with the condition of the property upon surrender. My preference is to take... View More
I never signed anything, and the payments changed. This doesn't seem legal to me?
answered on Apr 24, 2017
Yes and no. You signed a note promising to pay a certain amount amortized over thirty years. You can continue making those payments, and, assuming that the note is a normal residential mortgage note, you can make prepayments without penalty. The apparent holder or servicer of the note is... View More
Payment. One of the store owners paid one our drivers and he kept the money. Am I liable?
answered on Apr 21, 2017
This is a question of "ostensible agency". The issue is whether you caused the customer to believe that the driver was authorized to accept payment (that the driver was your agent for the purpose of payment), or, conversely, whether you adequately informed the customer that the driver... View More
Rescind the contract? Could I also obtain restitution? If do, how do I go about this?
answered on Apr 21, 2017
Remedies for breach of contract include a claim for damages. This format does not allow for a primer on contract law. You should consult with an attorney to identify the remedy available, how much might be recovered, whether the defendant is collectable (i.e. whether you can collect on any... View More
Lost100lbs and quit drinking it. He held up his end of deal but my aunt hasn't. She said she forgot about deal but even if she did make a pledge, there was no valid consideration for it.Do u think we could win lawsuit against my aunt?
answered on Apr 19, 2017
I think that it may be enforceable. Under Michigan law, "[t]he essential elements of a contract are parties competent to contract, a proper subject matter, legal consideration, mutuality of agreement, and mutuality of obligation." Your aunt raises a valid issue by questioning whether... View More
protect the logo and what would they do if someone imitated or straight copied their logo?
answered on Apr 19, 2017
A logo can be protected as a trademark. Federal registration gives greater protection, but even an unregistered trademark can be protected. An infringement is usually dealt with first by a "cease and desist" letter which notifies the infringer of its improper use of the logo. If that... View More
If the employee resigns to work for a competitor or for themselves? How?
answered on Apr 19, 2017
Yes. The best way for a company to do this is to enter into written agreements with its employees. In the absence of a written agreement, it may be possible for an employer or former employer to legally enforce an employee's or former employee's obligation to not misappropriate property... View More
Purchased a property and seller agreed to leave all contents of the barn including electric golf cart. She mentioned to the kids she would leave it, repeatedly verbally agreed to it and it's in the addendum. She says because it took too long to purchase the home she gave it away to a family... View More
answered on Apr 18, 2017
If there's a written agreement which calls for the seller to sell you the golf cart as a part of a sale of real property, unless the seller terminated the agreement due to a breach, or unless the agreement was modified, the seller would be obligated to deliver the golf cart. From the facts... View More
Had a live in girl friend, she now is refusing to leave the house, he's made it clear to her she must leave at the end of April, dad passed in Nov....Please help
answered on Apr 17, 2017
The owner of the house should hire an attorney to pursue an eviction. There is too much involved for me to provide step-by-step instructions in this forum, but the owner of the house might be able to work through the process on his own.
answered on Apr 17, 2017
The limitations period under Michigan law for breach of contract is six years. Therefore, if you have a claim for a breach of contract (more particularly a warranty that the pupply was disease free) then unless the cintract provides otherwise you have six years from the accrual of the claim to sue.
Defendant is fully disabled, and only income is social security disability. The case has nothing to do with owning or operating a motor vehicle. An affidavit has already been provided, stating that the defendant has no assets which can be taken to pay an emergency medical bill.
answered on Apr 7, 2017
That information facilitates a public records search, i.e. a search for assets by differentiating the debtor from another with a similar name.
answered on Apr 6, 2017
It sounds as though your question inquires into your ability, as a chapter 7 debtor, to claim an exemption in a motor vehicle which has been rendered inoperable by impact. The answer will depend upon whether, in this bankruptcy case or hypothetical bankruptcy case, the "totaled vehicle"... View More
out of forcloser now the city wants us to pay to have it torn down we live in michigan we knew nothing about the forcloser being lifted and besides we have not lived in the house for ten yrs can you help us we are both disable with little income we have to borrow money to go to court june 26th
answered on Apr 5, 2017
If the property at issue is located in Illinois, try posting your question under the category of "real estate law - Illinois." The primary issue is what responsibility there is under Illinois law for the demolition expenses. A factual question is whether you are the owner of the house... View More
answered on Apr 5, 2017
There may be. This question is too complex to answer without writing a book. Your income may be too high. Property you own may exceed exemptions. There may be debts that are not dischargeable. You might not be eligible for a chapter 7 discharge. There may be an impact on co-owners of... View More
We have paid our consideration fee, monthly payments and have done improvements. We have insurance in our name. Previously he said he wanted to opt out but he didn't think we had insurance and liability on the property. We have a contract that states we have 100% use of all property and can... View More
answered on Apr 3, 2017
Whether the landlord/seller can "opt out" or terminate the "lease to own" contract depends upon the wording of the agreement and possibly other factors. You have not furnished enough information for a definite answer. You may wish to consult with an attorney.
when me and my ex broke up the earrings he bought me on his credit I decided to keep but signed on a piece of paper saying I would pay for them but now things went sour and I havnt paid I got a certified letter from him saying if I don't pay them in full by April 15th then he will pursue legal... View More
answered on Mar 30, 2017
Certain contracts must be in writing, and you state that this contract is in writing, so that potential requirement may be satisfied. You have not provided enough information for an attorney to assess the merits of the claim of your "ex". However, it does appear that the obligation may... View More
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