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Michael S. Marr

Michael Marr’s Answers

152 total


  • Will Chapter 7 get rid of my garnishment?

    I lost a court case with my HOA, and now they are trying to garnish my wages. Will filing Chapter 7 get rid of this debt? Chapter 7 seems to be my only way, being that I have medical and credit card debt anyways. And if there is a motion to lift t...

    Michael’s Answer

    Garnishment stops. Money garnished can be returned. you no longer owe the money in chapter 7 but the house does. if you file chapter 13, where you repay some percentage of your debts over several years, and if your home has no equity then a lawyer should be able to get rid of the lien on the house and then the house would owe no money.

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  • How do I appeal the decision of a judge ordered redemption value of a vehicle?

    I had my hearing for redeeming the value of my vehicle on yesterday under my Chapt 7, but the appraisals I submitted (from Carfax, Jim Ellis VW and NADA.org) were not admissible and the clients attorney did not get an official appraisal/only took ...

    Michael’s Answer

    • Selected as best answer

    An attorney would cost more than the car. An notice of appeal has to be filed in the clerk's office within 14 days of the judge issuing the order and the filing fee is $293. Or get an appraisal along with a motion for reconsideration. (Filing a motion for reconsideration does not stop the 14 days from running).

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  • Can you cancel a bankruptcy after you have filed it and just short sell my property?

    We filed for bankruptcy in May 2013, mainly to cover our mortgage and they took one of our cars as well. So far, only the car has actually been sold (this May) and we are still being charged and pursued by the HOA since the property has not been d...

    Michael’s Answer

    If you are in Chapter 7, the Trustee sold the car and the Trustee is still dealing with the house then you can't sell the house. If you are in a Chapter 13 then you can dismiss and short sell. If in Chapter 13 you can get permission to sell and continue paying off other debts. More likely you would convert to 7 and then do the short sale after the case closes. Your mileage may vary.

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  • Possible sentence outcome (Guess)

    what are the possible outcomes the judge will give the person with the following charges note this person has been in and out the court system and has been charged with "DUI" many times. Has had 7 DUI in last 10 years. 1.) Duty upon striking a fi...

    Michael’s Answer

    Any amount of jail time you can imagine, think higher. With four tickets the judge has at least four years to work with. More time if you end up in felony court as a habitual violator.

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  • Can i request my discovery package now so i dont have to wait until my arraignment?

    Im waiting on my arraingment to plea guilty or not guilty in which my public defender says he wont know until the day of my arraignment but i want ro know the evidence against me now so is there any way i can request my discovery package so i can ...

    Michael’s Answer

    Since you are represented by an attorney any motion that you personally file can be ignored by the prosecutor because you cannot represent yourself while also being represented by an attorney. If you have been indicted or accused your attorney can ask for discovery at any time before arraignment with that criminal case number. Generally speaking, if your attorney has not received discovery you simply plead not guilty at arraignment, get the discovery and then wait for your next court date. Arraignment is the beginning, not the end.

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  • Bankruptcy question..chapter 13 divorce

    yes,I posted a div ques a few days ago in regards to an emergency motion because my house unbeknownst to me is in the foreclosure process, so today I sought remedy by seeing if a chapter 13 would be possible to stop the process, obviously I would ...

    Michael’s Answer

    Chapter 13 would stop your foreclosure if only you filed and you are not on the note. So would Chapter 7 for that matter.
    You could also apply for mortgage assistance from the bank pursuant to the federal programs like HARP or HAMP. These applications have to be received at least 5 days before the foreclosure for them to even consider stopping it. Ocwen will stop a foreclosure inside the 5 days if you say "pretty please." Wells Fargo doesn't know the meaning of "stop the foreclosure." HomeSafe Georgia also provides mortgage assistance -- just google the name. As with everything, your mileage may vary.

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  • I make too much money to file Bankruptcy but I can't pay my bills...advice?

    I'm currently trying to short sell my house and I have an offer. The bank is threating to foreclose on May 5th but they won't let me know if the short sale is approved until April 27th. This all started with 2 major events. One was legal fees and ...

    Michael’s Answer

    Chapter 11 is the safest route to make it all work. You are ineligible for Chapter 13 because you owe too much $. However, if you file a Chapter 13 the court won't dismiss you for ineligibility reasons for at least two months and during that time maybe you can short sale or otherwise get rid of the house. Non bankruptcy option would be to ask the bank to stop the foreclosure by asserting some RESPA rights. I have clients who haven't paid their mortgage in years who get the bank to stop the foreclosure. Your mileage may vary.

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  • Should I be reimbursed for garnishments that continued after filing with the court system

    garnishments continued to be taken out of my paycheck and my attorney also had me making payments to the Bankruptcy Trustee's office every week also.

    Michael’s Answer

    You can get anything garnished within the 90 days before you filed, subject to disclosing and exempting it.

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  • 24 years old, Should I file bankruptcy?

    Hello, I am 24 years old and I have about $30k in debt. I do not have any credit cards cause I have so many doctors bills in collection I can not get approved for anything. Would it benefit me to file for bankruptcy and start fresh? ...

    Michael’s Answer

    If you have not finished treatment then you should hold off since medical bills go from 0 - $60,000 in about one week. Depending on your income and assets, you may qualify for help from the hospital or other charities that help people pay or reduce medical bills.

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  • I pass the means test however I have some funds left-over after I deduct monthly income from expenses . Could I still file a 7

    means test, chapter 7, income, schedule I and J

    Michael’s Answer

    Yes. As long as the surplus is reasonable it should be okay. The critical things are exemptions.

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