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Questions Answered by Thomas. R. Morris
2 Answers | Asked in Bankruptcy for Michigan on
Q: I've been out of work for over a year and have enough credit card debt to make filing bankruptcy my only option--except,

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?

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 2, 2017

Yes, but it should be exempt.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Bought a house with girlfriend, she put in $1000 and I put in $5000for down payment. She ended the relationship and want

Wants money from equity, what is she intiled to. She contributed to 1/3 off all bills

Thomas. R. Morris
Thomas. R. Morris
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.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My husband/son owned a house jointly (no mort.), and our son passed away.

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)?

Thomas. R. Morris
Thomas. R. Morris
answered on May 29, 2017

Yes. I like a simple question!

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Can you file for both personal and business bankruptcy at the same time?
Thomas. R. Morris
Thomas. R. Morris
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

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Should we know when the sellers are planning to move out before closing?

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

Thomas. R. Morris
Thomas. R. Morris
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

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4 Answers | Asked in Real Estate Law for Michigan on
Q: My mortgage was sold to another company without my approval and they changed the terms on it from a 30 year to a 45 year

I never signed anything, and the payments changed. This doesn't seem legal to me?

Thomas. R. Morris
Thomas. R. Morris
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

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1 Answer | Asked in Business Law for Michigan on
Q: I have people that were hired as a delivery truck driver to deliver my goods but they are not authorized to accept

Payment. One of the store owners paid one our drivers and he kept the money. Am I liable?

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Business Law for Michigan on
Q: If I have a delivery company contracted to deliver my goods and pay them upfront and then they don't deliver, can i

Rescind the contract? Could I also obtain restitution? If do, how do I go about this?

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Contracts for Michigan on
Q: My aunt was worried about a relatives obesity & addiction to energy drinks so she told him shed pay him $10,000 if he

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?

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Business Law for Michigan on
Q: If a company is concerned about competitors from imitating their logo and thereby misleading customers, how can they

protect the logo and what would they do if someone imitated or straight copied their logo?

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Business Law and Employment Law for Michigan on
Q: Can a company prevent its employees from revealing its customer list, pricing policies, &other confidential information

If the employee resigns to work for a competitor or for themselves? How?

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Seller (in contract addendum) agreed to leave golf cart and didn't. Any recourse?

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

Thomas. R. Morris
Thomas. R. Morris
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

2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: My father in law passed away suddenly and my ex husband has come in posission of the family house, however his dad

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

Thomas. R. Morris
Thomas. R. Morris
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.

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1 Answer | Asked in Civil Litigation, Contracts and Animal / Dog Law for Michigan on
Q: bought a puppy who came down with parvo and now have 3k plus in vet bills. What is statute of limitations and can sue?
Thomas. R. Morris
Thomas. R. Morris
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.

1 Answer | Asked in Collections for Michigan on
Q: What reason would a collections lawyer need a driver's license number and a social security number of the defendant?

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.

Thomas. R. Morris
Thomas. R. Morris
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.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Can I put a totaled vehicle on a chapter 7 and cash the pay off check from the car insurance, to get another car?
Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Real Estate Law for Michigan on
Q: my wife and i home was forclosed on 10yrs ago now the housing court in chicago is saying that bank took the house

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

Thomas. R. Morris
Thomas. R. Morris
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

2 Answers | Asked in Bankruptcy for Michigan on
Q: Is there a reason I would choose something other than a Chapter 7 bankruptcy as an individual?
Thomas. R. Morris
Thomas. R. Morris
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

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can my seller/landlord decide to opt out of our lease to own contract?

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

Thomas. R. Morris
Thomas. R. Morris
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.

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1 Answer | Asked in Contracts and Family Law for Michigan on
Q: I signed a hand written contract between me and my ex and I broke it can he take me to court

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

Thomas. R. Morris
Thomas. R. Morris
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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