answered on Jul 23, 2018
II you were in a prior bankruptcy that was dismissed for your failure to appear at court or your failure to follow Court orders, you cannot refile a bankruptcy for 180 days.
Do you want to file a Chapter 7 case? If you received a final discharge in a prior Chapter 7 case, you must wait 8... View More 
Also my debt is unsecured and in my name only. The mortgage is in his name but not mine. I don't want this to affect him or his house
answered on Jun 11, 2018
Your question is complicated. In a Chapter 7 case, a Trustee is appointed. The Trustee's purpose is to sell any of your assets that he/she can, including a house or land. Whether or not the Trustee can sell your property is a complicated legal question. It cannot be answered without a... View More
circumstances?
answered on Jun 11, 2018
No. An Emergency Bankruptcy refers to the quick filing of the case to stop a foreclosure or other imminent creditor actions. The documents that are filed in and emergency case are very minimal, only the bare minimum of documents and information is filed, just enough to start the bankruptcy case... View More
This was my first ticket. The officer said I was doing 48 in a 25 Zone. He wrote the ticket for 5 miles over. I am on a fixed income. I will be going to court next week in Warren Michigan. How do I approach the judge. Is there a way of getting the ticket dismissed? The ticket stated 48 miles over... View More
answered on May 10, 2018
It may difficult to get the ticket dismissed, unless you request a formal hearing and the officer fails to appear. Otherwise you are advised to try to negotiate the ticket down to a lessor offense with fewer points and/or fees. It is well worth the cost to have an attorney appear with you.
answered on Apr 16, 2018
A garnishment will not automatically resume. But, your creditor can request a new one right away.
answered on Apr 15, 2018
It depends upon what you want your bankruptcy to do for you. Do you want to keep the collateral that you pledged to secure your secured debt? Or, do you want to give the collateral back?
In a Chapter 7 case, you get a quick discharge of all debts, both secured and unsecured.... View More
He marked C/i disregard stop sign and marked waring for no proof of insurance but actually i had it on my car.
answered on Mar 20, 2018
Take your ticket to court and ask that the ticket be set for a "Formal Hearing". The court will set a date and send you notice.
If you have your insurance declaration page showing that you had insurance on that vehicle on the date that you were pulled over, present that proof to... View More
If i use the speaker system that i installed on my car or I even sound the siren for a brief second could I️ get in trouble in Michigan?
answered on Mar 20, 2018
The use of a siren is a violation of the Michigan Vehicle Code, unless you are an emergency vehicle or your car is licensed as a historical vehicle and you are in a parade.
257.706 Horn or other warning device; siren, whistle, air horn, or bell; theft alarm signal device.
Sec. 706.... View More
I am still in the home and have been making all payments regarding the home. I have my payments set up as automatic withdraw. I had noticed a payment had not come out. I called the bank and was informed the the home loan is part of a bankruptcy. I was able to reinstate the payments at that time. My... View More
answered on Mar 14, 2018
That is a very complicated question. I'll try to answer it, but you should sit down with a bankruptcy attorney for a more detailed analysis.
Most likely your property is safe. If both you and your ex are signers of the mortgage note, your ex's obligation to pay the note may be... View More
What do i plead, I’m kind of worried because i never got in trouble before this is my first time getting in trouble.
answered on Mar 13, 2018
Read the front and backside of the ticket.
Call the court and get instructions how to file a response.
Find out the date set for your hearing and don't miss that date.
Get a valid license. Or proof that you had a license at the time of the stop, if that is the case.... View More
answered on Mar 13, 2018
It depends upon whether the case is filed as a Chapter 7 or Chapter 13, whether or not they reside together and the extent of their joint assets.
The non-filing spouse's debts are not discharged and there shouldn't be any effect on the non-filing spouse's credit, so long as... View More
What will happen next? I went to court and pled not guilty because I wanted to talk to a judge about it and let him know that I had to go to school and was in a hurry, so I have hearing and don't know what else to do because permit violation is considered a misdemeanor and I don't want it... View More
answered on Feb 22, 2018
Contact the prosecuting attorney for the case. The Court can tell you who it is. Ask the attorney whether he would be willing to dismiss the permit violation with your plea to the other ticket. An attorney may be able to negotiate this on your behalf and get a better result than you can get on... View More
For ticket no insurance is misdemeanor
And i have court date
How i do about this case should i plead guilty or not guilty in misdemenor.
answered on Jan 30, 2018
First, I recommend that you retain an attorney. A misdemeanor is not something you should attempt yourself. An attorney may have a working relationship with the city attorney/prosecutor and may be able to obtain a better outcome than you can yourself. Not always, but in most cases.
You... View More
answered on Dec 6, 2017
In most cases, yes. Chapter 13 is designed for debtors who want to save and keep their homes. If you file Chapter 7, a Trustee is appointed to determine ifny property can be sold to pay creditors. If you have alot of equity in your home, there is a risk it could be sold. Your attorney will... View More
answered on Nov 6, 2017
You may purchase a car, with cash, but if you intend to borrow the money. The United States Bankruptcy Code prohibits any attorney to advise you to incur debt before you file a bankruptcy. If you borrow money before you file, that debt will be discharged in the bankruptcy, right away. So, with... View More
answered on Oct 25, 2017
Yes, your husband can file an individual bankruptcy case. You do not have to file with him. While you won't be directly involved, you will be impacted. The Bankruptcy Court will want him to submit his household income and household expenses. Your income will figure into how his case is... View More
i already filed. my 341 meeting is nov 25. do i take the coirse after the 341???
answered on Oct 25, 2017
You may take the 2nd Course after you file your case. You must take the course before you are entitled to receive your discharge. In a Ch. 7 that will be within 3 months, in a Chapter 13, you can take it any time in your 3 to 5 year plan.
answered on Oct 23, 2017
Not by itself. But, if you ignore the fine, your driver's license will be suspended, and your first hint that you license was suspended will likely be when you are arrested for driving on a suspended license.
On the filing, the judgment interest accrued thus far is $557.17 and is based on the statutory rate of 12.9% is specified from 11/18/2012 to 02/26/2013
The default judgment was entered on 03/6/2013.
My question is the following: What is my current interest rate on this judgment?... View More
answered on Oct 12, 2017
The Michigan Dept of Treasury states that for complaints filed on or after January 1, 1987, interest on a money judgment recovered in a civil action shall be calculated from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions... View More
I purchased insurance within the hour. Will she need a lawyer for her hearing?
answered on Sep 28, 2017
It's always a good idea to talk to an attorney and have representation. It will depend upon what other citations she received and what her record looks like. If you have insurance in place when you get the ticket, you can provide proof that you were insured to the Court clerk and the case... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
