John Martin Hilla’s Answers

John Martin Hilla

Southfield Bankruptcy Attorney.

Contributor Level 9
  1. Short sale with a credit union & they will not waive the deficiency.

    Answered over 1 year ago.

    1. Lewis Matthew Roberts
    2. John Martin Hilla
    3. Shawn Michael Yesner
    4. Carol Anne Johnson
    5. Anthony Francis Perrone
    6. ···
    6 lawyer answers

    The real question is, if you are going to have to do a bankruptcy anyway, why bother with a short sale? You can surrender real estate & discharge mortgage debts, deficiencies included, at 0% interest with no taxable penalty in a Chapter 7 or Chapter 13 bankruptcy without having to negotiate anything for months or a year or more with bank or other lenders who may want you to enter into some sort of payment plan (particularly as regards 2nd or subsidiary mortgages) in order to agree to the short...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How does my husband filing bankruptcy affect my small business. I am the sole owner and it is a LLC.

    Answered over 1 year ago.

    1. John Martin Hilla
    2. Adam Troy Rauman
    3. Dorothy G Bunce
    4. William Joseph Kopp Jr.
    4 lawyer answers

    Your husband's bankruptcy will only affect your assets if he has joint ownership, legally or equitably, in them. If you did not file jointly with your husband, your assets are not part of the bankruptcy estate from which, in a Chapter 7 bankruptcy, assets may be liquidated. That said, you did not state whether your husband has filed a Chapter 7 or a Chapter 13 bankruptcy. In a Chapter 13, your small business may be further "affected" in that the income that it provides your household will be...

    5 lawyers agreed with this answer

  3. Is there any specific questions that do not have to be answered in crdit debt inerogatories?

    Answered over 1 year ago.

    1. John Martin Hilla
    2. Dani K. Liblang
    3. Julie Aletta Paquette
    3 lawyer answers

    You haven't described what sort of service the attorney is performing for you. But he is your attorney and your hired him, right? If you're not comfortable with your attorney-client relationship, you have the right to find a new attorney. There is no such thing as a binding retainer agreement for legal services in the state of Michigan, though, depending upon the terms of your retainer agreement and the extent to which he may have performed compensible services to this point in your working...

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  4. Can a previous landlord garnish your wages?

    Answered 7 months ago.

    1. James P. Frederick
    2. John Martin Hilla
    3. Raymond J. Pater
    3 lawyer answers

    Yes, as answered, a garnishment is a typical means of collection on any kind of judgment, including for past-due rents. Up to 25% of your paycheck can be garnished until the judgment is paid. If you are in danger of losing your home due to a garnishment, you may want to consider filing a bankruptcy. A bankruptcy-filing will stay all collections efforts, including and especially garnishments and will discharge the underlying debt (and all other debts you may have that are dischargeable)...

    3 lawyers agreed with this answer

  5. Can I go bankrupt for charges that were made in my name for years, I chose not to prosecute family. I recently discovered this.

    Answered 12 months ago.

    1. John Martin Hilla
    2. Kerry D. Hettinger
    3. Mark E. Bredow
    3 lawyer answers

    Yes, you can file a bankruptcy to discharge any dischargeable debt that any entity is attempting to collect from you, regardless of whether the origin of the liability is a bona fide debt or the result of identity theft. You may have alternatives to bankruptcy for dealing with the debt based upon the identity theft, but you can certainly just wipe the slate with a bankruptcy as well. Additionally, in a Chapter 13 "payment plan" bankruptcy in which creditors must file a "proof of claim" form...

    3 lawyers agreed with this answer

  6. What can I do if my lawyer wont contact me to file bankruptcy after waiting a year ?

    Answered over 1 year ago.

    1. John Martin Hilla
    2. Susan Schmeidler Blum
    3. Dorothy G Bunce
    4. Dheeraj Kumar Singhal
    4 lawyer answers

    As stated by others, review your retainer agreement and other documentation that you signed with this attorney to be sure that you are retained for the service you believe you are and with the timeframe for action in place that you believe. Attempt to contact him or her by telephone and not just email, and, failing a response there, send a postal letter demanding a response and a status update. If it has been months or a year or more since you spoke with him or her, it could be that some...

    3 lawyers agreed with this answer

  7. How do I get my name off the mortgage after filing bankruptcy

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. John Martin Hilla
    3. John F. Brennan
    4. E Chris L'Hommedieu
    4 lawyer answers

    As has been said, the only way to remove your name from a mortgage with or without a bankruptcy is to pay it off or refinance it with another lender. A bankruptcy discharge prohibits the creditor from various actions: personal collection on the debt arising from the mortgage note (the "I agree to pay $X/month for X months" document that was part of the original mortgage package, from which personal debt liability arises), negative credit reporting regarding the discharged debt, and some...

    3 lawyers agreed with this answer

  8. How long can I stay in my house?

    Answered over 1 year ago.

    1. Michael J Corbin
    2. John Martin Hilla
    3. Derek R. Caldwell
    4. Daniel P. Mudrick
    4 lawyer answers

    You are surrendering the home in your Chapter 13 plan, I assume? There is no solid answer to this question. Mortgagees must reclaim property surrendered in bankruptcy in a manner prescribed by your state's foreclosure laws. In Michigan, where I practice bankruptcy, this can be a 9-12 month process if the mortgagee is motivated to begin foreclosure quickly after a Chapter 13 case is confirmed. However, there is nothing in the US Bankruptcy Code requiring a mortgagee to take title to the...

    4 lawyers agreed with this answer

  9. Chapter 7 Bankruptcy Asset and Bank Account Questions

    Answered about 1 year ago.

    1. John Martin Hilla
    2. Scott Benjamin Riddle
    3. Patrick M. O'Reilly
    4. Dorothy G Bunce
    4 lawyer answers

    As the other attorneys responding have said, there is no option for non-disclosure of assets that you own, whether you are the "titled" owner or not. A bank account is a piece of property, or an asset, that must be disclosed with its value as of the date of filing in the bankruptcy petition. If it is only owned, you need only exempt, if you can, your own value in the account. The joint owner's owned portion of the funds in the account (balance as of the date of filing IS the value of the...

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  10. If I file bankruptcy as the co-signer on a car loan how will that affect the other party?

    Answered about 1 year ago.

    1. Scott Edward France
    2. John Martin Hilla
    3. Kevin B. Zazzera
    4. Matthew Scott Berkus
    5. Allan J. Rittenhouse
    5 lawyer answers

    Your bankruptcy is yours alone and offers no benefit to co-signors to your debt (other than a temporary stay of collection efforts while the bankruptcy is in process, if you file a Chapter 13). Therefore, if you discharge your obligation for this car loan in bankruptcy, the creditor will be able to pursue your co-signor for the balance. If they continue to make the payments, as other responders to question have noted, there will be no problem. If they do not and the vehicle is repossessed,...

    2 lawyers agreed with this answer

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