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Westland MI Family Law Blog

How can bankruptcy law help one break free of a second mortgage?

Some Michigan residents take out second mortgages on their homes in order to get cash for other things. Seems like a good idea until one is no longer able to keep up with the new loan payment. Second mortgage lien holders do have the ability to foreclose on the property if one does not keep payments current. However, protections offered through bankruptcy law may help one break free of a second mortgage.

With a Chapter 13 bankruptcy filing, if one's home has little to no equity, a second mortgage becomes an unsecured debt and may be stripped away. This is a process called lien stripping. This is not something that happens right after a bankruptcy petition is approved. One will have to wait and complete the three- or five-year repayment plan before this debt will qualify for discharge.

Plan your Chapter 13 bankruptcy carefully for best results

Bankruptcy is an important, but easily misunderstood process. If not approached carefully, it can cause enormous harm to the individual attempting to use it, rather than offering much needed relief.

If you believe that a Chapter 13 bankruptcy may be the right choice for your situation, be sure to consult with an experienced attorney before you make any desperate moves that could cause you further difficulties.

Let a divorce law attorney help you create a nesting agreement

Figuring out the best way to keep things normal for children after divorce is a challenge. Obviously there is going to be a big change in the family dynamic, but it may be possible to make it less traumatic for children by trying nesting. This is not an arrangement that is recognized under Michigan divorce law so it is a plan that parents have to negotiate either on their own, with the help of an attorney and/or through mediation.

In a nesting arrangement, instead of children being moved between their parent's homes, they stay in the family home. It is the parents who will then come and go when it is their turn to spend time with the children per the custody agreement. This can be hard on parents in a number of ways, but studies show that it benefits kids in the long run.

Michigan bankruptcy law: The problem with payday loans

For numerous Michigan residents, living pay check to pay check is very much a reality. Where can they turn when their financial obligations are just too great and there is not enough to make until the next payday? Rather than turning to a bankruptcy law attorney for guidance, some look to payday loans to help get them through it. Unfortunately, doing so often does more harm than good.

Payday loans are also sometimes called cash advances. These are offered by third-party lenders and simply offer an advance on a person's upcoming pay check. The companies that offer these loans can be found both online and at brick-and-mortar institutions.

Michigan divorce law: When one's spouse is a bully

Divorce can turn even the nicest person into a bully. It is often a stress and anger-filled time in one's life. While that may be the case, it does not make it right, nor should one have to give in to a bully's demands. A divorce law attorney can assist Michigan residents who are going through the dissolution process to deal with the actions of a bullying spouse appropriately.

There are many different forms of bullying that can take place during the divorce process. Some of these include turning children against one's spouse or using them as leverage, purposely slowing the dissolution process, making threats, making false allegations or withholding financial support or assets -- among numerous others. Unfortunately, these are all things that many people deal with when dissolving their marriages.

Michigan bankruptcy law: Dealing with creditor harassment

Economic struggles strike most people at some point in their lives. When this happens, debts can accrue, and paying them off may seem an impossible task. When things can't seem to get any worse, creditor harassment begins. Between federal regulations and the assistance of an experienced bankruptcy law attorney, it is possible for Michigan residents to stop creditor harassment.

Believe it or not, consumer protection laws are in place to keep creditors in check. While they do have the right to pursue the collection of money owed them, there are limits to what they are allowed to do. Creditors are not allowed to:

  • Make threats against one's person, home or, in certain circumstances, one's wages
  • Make threats of criminal charges
  • Accuse one of fraud
  • Use foul language
  • Make frequent calls to one's home or work at all hours of the day
  • Try to collect more than what is owed

Michigan family law: How does mediation work?

Traditional divorce can get messy and be a long, drawn out process. Those in Michigan who want to handle their family law issues in a different way can with mediation. What exactly is mediation and where does an attorney fit in to this alternative divorce process?

If a couple chooses mediation over traditional divorce, they are choosing to talk out their divorce settlement rather than go to court. They will do this in a neutral setting with a mediator present. This individual is not permitted to take sides and will simply serve as a facilitator.

What happens if you're facing an OWI charge in Michigan

Operating while impaired (OWI) charges can stem from a variety of factors. Maybe law enforcement profiled you because of your vehicle or appearance. Perhaps you ended up caught up in a roadblock, which is where law enforcement close down popular roads for substance use screening and enforcement.

Whatever the reason for your OWI charge, you need to take it seriously. Failing to react properly when facing an OWI could cost you a lot of money in fines and court fees. It could also cost you your job, your student aid or respect from other people in your social circles.

Michigan bankruptcy law: The benefits of a Chapter 13 filing

Deciding to take the leap and file for a Chapter 13 bankruptcy is a choice that most people, whether they reside in Michigan or elsewhere, do not make without some serious thought and consideration. It can be difficult to know if it really is the best thing to do for one's situation. While, with bankruptcy law as it is, there can be some negatives to going this route, there are also a lot of positives that can, if one's financial situation is severe enough, outweigh any bad points.

What are the benefits of submitting a Chapter 13 bankruptcy petition? The most significant benefit with any bankruptcy filing is the financial relief it can provide if approved. With a Chapter 13 filing, all eligible debts will be combined into one affordable repayment schedule. The details of one's repayment plan will be determined by one's current income and debt load, with a plan submitted to the court for approval.

Michigan divorce law: The disadvantage of a gray divorce

When it comes to divorce, there are advantages and disadvantages to ending one's marriage. These will be different for everyone, depending on one's station in life. For couples in Michigan who are dissolving their marriages, a divorce law attorney can help make the disadvantages easier to handle.

The biggest advantage of divorce is that, when all is said and done, both parties can move past a relationship that is no longer something that they desire. Disadvantages, on the other hand, are different for younger couples than older couples. For example, for those with children, figuring out what is best for them while they are still young and living at home can be a burden. On the other hand, those going through a late-in-life divorce may find that the financial effects are the biggest disadvantage.

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The Smith Law Offices, P.C.
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