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4 Answers | Asked in Bankruptcy for Michigan on
Q: How long do you have to wait to file bankruptcy again.
Mark Bredow
Mark Bredow 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...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: I live in MI and am married. If I file chapter 7, am on the title but not the mortgage, will it affect my spouse?

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

Mark Bredow
Mark Bredow 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... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I heard something about filing for an emergency bankruptcy. Does that mean the process is sped up under certain

circumstances?

Mark Bredow
Mark Bredow 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... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: Is there a way I can have a speeding ticket dismissed? It is my first ticket in the 40 plus years I have been driving.

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... Read more »

Mark Bredow
Mark Bredow 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.

3 Answers | Asked in Bankruptcy for Michigan on
Q: Does a garnishment resume after a chapter 13 voluntary dismissal ?
Mark Bredow
Mark Bredow answered on Apr 16, 2018

A garnishment will not automatically resume. But, your creditor can request a new one right away.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Do you still have to pay secured creditors after filing for bankruptcy?
Mark Bredow
Mark Bredow 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....
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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got my first ticket because i didnt stop at the stop sign.i have to appear at the court.can i avoid from get point?

He marked C/i disregard stop sign and marked waring for no proof of insurance but actually i had it on my car.

Mark Bredow
Mark Bredow 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...
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1 Answer | Asked in Traffic Tickets for Michigan on
Q: If i have a speaker/siren system on my car can i get arrested for using I.T in Michigan?

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?

Mark Bredow
Mark Bredow 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....
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1 Answer | Asked in Bankruptcy for Michigan on
Q: My ex husband has filed chapter 7 bankruptcy. A quit claim deed was done at the time of our divorce.

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... Read more »

Mark Bredow
Mark Bredow 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...
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2 Answers | Asked in Traffic Tickets for Michigan on
Q: got pulled over they got me for driving with no lisence andimproper plates my first time getting in trouble what do i do

What do i plead, I’m kind of worried because i never got in trouble before this is my first time getting in trouble.

Mark Bredow
Mark Bredow 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....
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3 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if only one spouse in a relationship files for bankruptcy?
Mark Bredow
Mark Bredow 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...
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1 Answer | Asked in Traffic Tickets for Michigan on
Q: Hi, I live in Michigan and i got a ticket for speeding and driving with permit alone while I was going to school.

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... Read more »

Mark Bredow
Mark Bredow 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... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got ticket speeding 50/60 and also ticket car no insurance .But i now have insurance

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.

Mark Bredow
Mark Bredow 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...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: Can you keep your house if you file for bankruptcy?
Mark Bredow
Mark Bredow 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... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I will be filing for chapter 7 bankrupcy. Can I purchase a vehicle while I am in the process of filing?
Mark Bredow
Mark Bredow 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... Read more »

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5 Answers | Asked in Bankruptcy for Michigan on
Q: Can my husband file for bankruptcy as an individual, or am I going to get dragged into this?
Mark Bredow
Mark Bredow 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... Read more »

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3 Answers | Asked in Bankruptcy for Michigan on
Q: when can i take the 2nd bankruptcy course??

i already filed. my 341 meeting is nov 25. do i take the coirse after the 341???

Mark Bredow
Mark Bredow 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.

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2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can I be put in jail if I don't pay my traffic ticket?
Mark Bredow
Mark Bredow 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.

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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: I have a default judgment entered against me in Michigan for the amount of $15,864.61. What is the interest rate?

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?... Read more »

Mark Bredow
Mark Bredow 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... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: My daughter was pulled over and at this time we realized she did not have insurance. This was my mistake not hers.

I purchased insurance within the hour. Will she need a lawyer for her hearing?

Mark Bredow
Mark Bredow 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... Read more »

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