Kurt A. O'Keefeā€™s Answers

Kurt A. O'Keefe

Saint Clair Shores Foreclosure Attorney.

Contributor Level 10
  1. Would putting my house in a trust protect me from someone putting a Lein on it and can I put it in a trust if I already have one

    Answered 2 months ago.

    1. Donald B. Lawrence Jr.
    2. Peter L. Conway
    3. Kurt A. O'Keefe
    4. Michael Leo Potter
    5. Nathaniel H. Herdt
    6. ···
    6 lawyer answers

    not enough information for a complete answer. is your home just in your name, or you and a spouse? any mortgages on the home? a mortgage is a consensual lien, where you agree to pledge the home as collateral for a loan. In Michigan, a creditor who has a judgment can put a lien on a home. However, foreclosing on that lien to take the home is a long, involved process. And a judgment lien is behind any mortgages, or other liens, already on the house. for example, if you do not pay property...

    10 lawyers agreed with this answer

  2. If i file for chapter 7 will my structured settlement be effected

    Answered 6 days ago.

    1. Kurt A. O'Keefe
    2. Paula Brown Sinclair
    3. Derek R. Caldwell
    4. Cody H. Knight
    4 lawyer answers

    The settlement is an asset now, and would have to be listed as such. It has some value now, and could be sold by a trustee, if that value exceeds the amount you can claim as exempt. Believe it or not, there is a market for these things. You need to explain which creditor has a lien, for how much, and why.

    6 lawyers agreed with this answer

  3. Creditor not discharged what to do?

    Answered about 2 months ago.

    1. Kurt A. O'Keefe
    2. Derek R. Caldwell
    3. Shelley Ann Elder
    4. Blake Owen Brewer
    5. Scott D. Kappler
    6. ···
    6 lawyer answers

    First, verify the address of the creditor in the credit report as the one listed on your bankruptcy schedules. Sometimes debts are sold around when a bankruptcy case is filed, and the new creditor, the one who bought the debt, might not have received notice of the bankruptcy. You or your bankruptcy lawyer can send the notice to the new creditor, or different address. Also, send a dispute letter to the creditor, and each credit reporting agency that shows the debt, stating that you do not owe...

    5 lawyers agreed with this answer

  4. Hello, i received a statement there are additional charges to my chapter 7, what charges could be added post filing?

    Answered about 2 months ago.

    1. Nathaniel H. Herdt
    2. Kurt A. O'Keefe
    3. Richard D. Granvold
    4. Shelley Ann Elder
    5. Rachel Therese Schromen
    6. ···
    6 lawyer answers

    What the attorney can charge is governed by your agreement with him, which should be in writing, and, the bankruptcy code, and, the code of ethics for your state. There should be no surprises. My fee agreement is 5 or 6 pages long, depending on the case. Who created the "impression?" The attorney is obviously responsible for whatever he said and did, but also, for his staff, so if they gave you that impression, it can be binding on the attorney. I would write the lawyer asking for...

    3 lawyers agreed with this answer

  5. My water pipes burst in my old home in which I claimed a ch,7 bk. Am I responsible for the bill?

    Answered over 1 year ago.

    1. Kurt A. O'Keefe
    2. Dorothy G Bunce
    2 lawyer answers

    Not really a bankruptcy issue. If you told them to shut it off, it should have been shut off. Did you ask them what happened? Do you have any records of your shutoff request? You could take that in to explain; find out what their records show. I do not believe you can be forced to take water service. Any bill incurred AFTER the date you filed bankruptcy would still be your responsibility.

    Selected as best answer

  6. Can I leave the state and be in chapter 13

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Alan D. Walton
    3. Christopher John Lane
    4. Kurt A. O'Keefe
    4 lawyer answers

    To be clear, you can live wherever you want to; you do not have to dismiss your pending case and re-file in a new jurisdiction, just because your residence changes. Whatever your obligations are under your pending case, they remain the same. Not just making the payments, if you have to submit your tax returns, you have to keep doing that. Nothing changes in your court case. Always advise your attorney, and the trustee, and the court, of your correct address. Have your attorney file the...

    Selected as best answer

  7. Can mortgage company foreclose on 1st mortgage that was part of ch.7 discharge and 2nd was reaffirmed and paid on time.

    Answered over 1 year ago.

    1. Kurt A. O'Keefe
    2. Scott Benjamin Riddle
    3. Diane L Gruber
    3 lawyer answers

    It is malpractice for an attorney to sign off on reaffirming a second mortgage, unless the terms of that mortgage are significantly changed to benefit the debtor, you. Personal liability is what is discharged in a bankruptcy; it does nothing to liens. Same with a car, you are discharged of your liability to pay the note, but the secured creditor can still repossess the car.

    Selected as best answer

  8. I go to lawyers today. I used my credit cards a few times for little things.Will this effect filing.

    Answered 18 days ago.

    1. Kurt A. O'Keefe
    2. Lynnmarie A. Johnson
    3. Shelley Ann Elder
    4. Derek R. Caldwell
    4 lawyer answers

    I advise all clients to stop using credit cards, or otherwise borrow money. It looks like fraud, and is presumed so in the 90 day pre-filing period, in most cases, as pointed out in other answers. Are there balances on these cards, or are they paid off every month? If paid off every month, just file when the balance is zero. If not, your decision on timing, this is only one factor, you may have other reasons you want to file right away. In my experience, most credit card companies are NOT...

    1 lawyer agreed with this answer

  9. I filed and was discharged in bankruptcy in 2010, didn't include my house. this past year I had financial hardship, now trying

    Answered about 1 month ago.

    1. Kurt A. O'Keefe
    2. Nathaniel H. Herdt
    3. Dane L Hines
    4. Dorothy G Bunce
    5. Shelley Ann Elder
    5 lawyer answers

    You need to have copies of what you filed with the bankruptcy court. Many people say they did not include their house, when what they mean is, they did not give it up, but kept paying for it. If your attorney signed a mortgage reaffirmation, that was a serious error. If no reaffirmation, your personal liability was discharged on BOTH mortgages, if they were listed as debts. And, might have been discharged even if not listed. However, the bankruptcy filing does not change the ownership of...

    1 lawyer agreed with this answer

  10. Is there a form letter on-line that can be used to send to unlisted creditors requiring proof of discharge list for chapter 7?

    Answered 5 months ago.

    1. Colin M. Linsenman
    2. Dorothy G Bunce
    3. Blake Owen Brewer
    4. Richard D. Granvold
    5. Kurt A. O'Keefe
    5 lawyer answers

    I would ask your attorney to handle this. The Madaj case in the 6th Circuit Court of appeals, which covers MI, says unlisted debts are discharged in NO ASSET cases. A no asset case is one in which the Trustee does not recover anything for creditors. That is probably what happened in your case, check with your attorney. The reason is, if there were assets recovered by the trustee, it would now be too late for the added creditor to file a claim to get any of that money. The Madaj case also...

    1 lawyer agreed with this answer