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Michigan Questions & Answers
3 Answers | Asked in Bankruptcy for Michigan on
Q: Is purchasing a mattress a month ago going to hinder my ability to file for chapter 7 bankruptcy?

I recently purchased a mattress on a store credit card due to our old mattress catching on fire due to a candle. I am drowning in debt and can’t keep up with payments. I am thinking of filing bankruptcy, Is this going to look terrible that I recently purchased a mattress? I thought I could keep... View More

Jesse R. Sweeney
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answered on Sep 9, 2024

The answer really goes to intent. Did you plan to file bankruptcy when you purchased the mattress? Had you spoken to counsel prior to purchasing it? Did you make a good faith effort to pay for it? Also the cost of the mattress is important - a $5000 mattress going to cause more issues than one... View More

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3 Answers | Asked in Bankruptcy for Michigan on
Q: Is purchasing a mattress a month ago going to hinder my ability to file for chapter 7 bankruptcy?

I recently purchased a mattress on a store credit card due to our old mattress catching on fire due to a candle. I am drowning in debt and can’t keep up with payments. I am thinking of filing bankruptcy, Is this going to look terrible that I recently purchased a mattress? I thought I could keep... View More

Robert Chang
Robert Chang
answered on Sep 10, 2024

I am assuming the mattress is not a luxury item as they are not usually seen as splurging money. (especially when your previous one caught on fire). It is something that is needed in your daily life, like electricity and internet access. That being said, if you took out a loan to purchase the... View More

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1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is there anyway to request a full license and removal of my interlock device? I’ve completed all tasks but Sos says 2027

I restored my license from revoked status October of 2022.

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2024

The 2027 date is probably when you are eligible after having your license revoked. You should consult with a local attorney experienced in driver license restoration to see if you have options such as a hardship or circuit court appeal. However, it's likely that if driving at all is important... View More

1 Answer | Asked in Contracts for Michigan on
Q: CA Corp was converted to MI. Can I list CA mailing address in contracts considering governing law clause?

My CA Corp was converted to MI, but I still use a CA mailing address. Can I list my CA mailing address in contracts? or add some distinction and add the MI address?

For instance: "by and between Rustoleum Works (the "Client"), of 436 Kings Way, Santa Barbara, CA 90678, and... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 5, 2024

The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Ex-roommate is trying to collect belongs two months after their lease ended. They’ve had plenty of notice & opportunity.

What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 3, 2024

What does your written agreement with your roommate say? Do you have ANYthing in writing?

Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed...
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2 Answers | Asked in Civil Rights for Michigan on
Q: How can I as Pro se case go forward with my identity being protected and anonymous?
Brent T. Geers
Brent T. Geers
answered on Sep 3, 2024

Who do you want to be protected and anonymous to? As indicated by another attorney, there are ways to file, and certain types of actions, that could keep your identity effectively "under seal" - meaning not part of the public record. However, it's unlikely you'll be able to... View More

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1 Answer | Asked in Consumer Law for Michigan on
Q: sued for my car loan. car was not repossessed but has a kill switch. it can not be started. what can I do with car?
Adam Alexander
Adam Alexander
answered on Aug 31, 2024

I don't know a lot about a kill switch, but I suspect it can be removed. I've had clients sued for not making car payments and the creditor doesn't even want the car. They just want the money. But I digress. Your only question is what to do with the car. I would need more... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: Can an estate going through probate be partially disbursed among four beneficiaries before knowing the total value?

The estate has two homes, one sold and the proceeds deposited into the estate account. The other is wanting to be purchased by one of the beneficiaries but needs the money currently in the estate account. Can those monies be distributed to the beneficiaries?

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2024

Probably not, and depending on where in the probate process the estate and what type of estate it is, it could be unlawful or at least unwise for the personal representative to do so.

The person wanting to buy the house could propose a promissory note agreed to by the personal...
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1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: I have transferred my property to an LLC and i want to make sure my personal assets are protected. see more info.

My name is still located on the loan and mortgage statement as the primary, but the house has been quit claim deeded to my LLC, sole member.

I'm also listed as additionally insured on the rental dwelling insurance. My main reason for transferring was to separate my personal assets... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 28, 2024

it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.

Another...
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1 Answer | Asked in Child Support for Michigan on
Q: I have a 16 year old daughter. I'm the father. Our daughter has lived with me since we broke up nearly 11 years ago.

We have joint legal custody her mom has full physical custody. Her nom is not really involved in her life. Might see her once every few months. Hasn't had an over night stay with her mom in nearly 5 years. The BM dropped child support nearly 8 years ago. I just received a letter that our case... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

Sounds like this is just the standard 3-year opportunity to review support letter. That is a statutory opportunity. If neither you or the BM request review, nothing will happen. However, that means particularly that whatever support is ordered will not change.

1 Answer | Asked in Collections for Michigan on
Q: How to win against a debt collection lawyer for a debt that I have already disputed?

My employer received a garnishment against me. I have already disputed this debt with the credit bureaus and had it removed and spoke with the collection agency and argued it is not my debt. I was on a lease with my mom and her boyfriend, because I was over the age of 16 I had to be listed on the... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: What can I do moving forward? Legal aid told me they don't have the resources to handle real estate issues.

I purchased my home 17 months ago. Nowhere in the sellers disclosure did it talk about any major issues with the home whatsoever. However I've now come to find out it has major foundation issues that need to be repaired or it will continue to sink into the ground. I had a contractor come out... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

The best use of what money you have now would be to fix the foundation. Going after the seller could be a fools' errand if all you have to go on is the neighbor saying they talked about it. You'd need more proof than that. Also, even if you were successful, you might get a judgment... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Michigan on
Q: what will my boyfriend get for his fidsf drjug offense

my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court... View More

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2024

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: In landlord, tenant law, can an eviction be quashed Under the 56 day rule If the court took too long to rule on appeal?

I was evicted from my home for nonpayment of rent. I filed an appeal. The 30th circuit court took six months to rule on my appeal. They agreed to uphold the eviction. Can I quash the eviction under the 56 day rule? I have paid all of my rent into escrow. I have a remaining balance of $1805.72 can... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Unlikely. While I like where you're going with your logic, unfortunately the law doesn't work that way.

Procedurally, there was an order for eviction that you appealed. When you appeal, things are sort of put on hold during the pendency of the appeal. Then, the decision is made...
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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I would like to know if I can get Custody of my granddaughter

I am a paternal grandmother of a teenage granddaughter whose mother has custody of her and been living in terrible conditions. Right now she’s being evicted from a home she’s 3 months behind in payments. Last year she got evicted from a house with no where to go she was squatting with her 3... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a...
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1 Answer | Asked in Criminal Law and Car Accidents for Michigan on
Q: Where do I find information on plea agreement process , pro and cons, and understanding? for circuit court Macomb county

I am looking for information to help myself and my friend who has a court appointed lawyer for serious criminal charges. He is more than likely going to be offered a plea...I'm looking for information so ,my friend knows what options could be offered and knowing his rights.

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2024

It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in... View More

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Rental agreement for bottle water being overchargedcharge a paper statement service fee for them to mail me a bill

So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.

Why the extra dollar did they use a bait an switch

On top of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More

2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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1 Answer | Asked in Consumer Law for Michigan on
Q: Am I able to break a financing contract with a dealership if the car they sold me is having continuous problems?

I purchased it May 13th, however, I was told it wasn’t ready. It had to have a new radiator and tires put on. When I went to pick it up they lost the keys. I had to come back 2 days later to get the car. I drove it for less than a day and the engine light came on. And it was making a loud humming... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Is this a new or used auto? If new, you should consider your options under the "lemon law". If used, you need to see about your warranty protections, if any.

Aside from those options, your financing has nothing to do with your car problems. The bank provided the loan to you for a...
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