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 5 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. After bankruptcy, 2nd mortgage question

    Answered 3 months ago.

    1. Kurt A. O'Keefe
    2. Matthew Scott Berkus
    3. Derek R. Caldwell
    4. Michael J Corbin
    5. Martin M. Holmes
    5 lawyer answers

    First, why? Why do you want to do this? Your personal liability was discharged, so they cannot come after you for any money. The lien survives bankruptcy. So, to force them to release the lien, they can request the full amount due under the note. At least, in Michigan, where I am licensed. In my experience, most creditors are interested in lump sums, so if you have some amount you can raise, less than the balance, second mortgages will frequently take that. It may also depend on the...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Filing chapter 13, trustee filed objection to confirmation of chapter 13 feels we dont have enough income. what can we do

    Answered 28 days ago.

    1. Kurt A. O'Keefe
    2. Shaye Larkin
    3. Peter R Kaplan
    4. Dylan James Duvall
    5. Richard L. Blumenthal
    6. ···
    7 lawyer answers

    First, what does your lawyer say?? Trustees may think they are in charge, but, decisions are up to the judge, so, no, you are not doomed. You need net income to fund a plan, so make sure your income and expenses are accurately listed. If yes and still an issue, can you cut expenses, or increase income?

    7 lawyers agreed with this answer

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

    Answered 3 months 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.

    7 lawyers agreed with this answer

  5. Creditor not discharged what to do?

    Answered 5 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

  6. Do we have to appear in a chapter 7 bankruptcy and need to know if we must attend. It didn't say

    Answered 14 days ago.

    1. Waymon S. Harrell
    2. Ryan Douglas Caldwell
    3. Kurt A. O'Keefe
    4. Dorothy G Bunce
    4 lawyer answers

    Most bankruptcy courts do not automatically schedule hearings. The judge can grant or deny most motions without a hearing. The notice you received probably states that you are to appear. The judge scheduled the hearing because she/he has questions about your motion. As others have stated, you need to be there to answer them, and failure to appear most certainly means your motion will be denied. You have asked the judge for something specific, and, he could have said yes or no based on what...

    4 lawyers agreed with this answer

  7. Follow up to: http://www.avvo.com/legal-answers/this-has-to-do-with-a-mortgage-and-chapter-7-bankr-1995671.html

    Answered 3 days ago.

    1. Kelvin P. Green
    2. William J Popovich
    3. Kurt A. O'Keefe
    4. Dorothy G Bunce
    4 lawyer answers

    This is not a legal question. Nothing in the bankruptcy code prevents you from borrowing money whenever you can get someone to lend it to you. Lenders have policies as to bankruptcy, and foreclosure. It used to be that bankruptcy was worse, then foreclosure. This is true of any "limitations" on loans you may get; totally up to the lender. But this is just their policy; they can change it whenever they like.

    3 lawyers agreed with this answer

  8. I am filing chapter 7 bankruptcy. I have a truck financed and would like to retain it.

    Answered 2 months ago.

    1. Lynnmarie A. Johnson
    2. Dorothy G Bunce
    3. Kurt A. O'Keefe
    4. Derek R. Caldwell
    5. Gregory L. Dodd
    5 lawyer answers

    You need a lawyer. No offense, but just asking this question shows you are risking a lot if you file without one. Reaffirmation makes you personally liable for a debt that would otherwise be discharged. So, if you reaffirm, and down the road, the truck is repossessed, you are on the hook for any deficiency. That is, any amount that is still owing after the truck is re-sold. You can exempt equity, value, in assets. If the truck is worth $2,000 more than you owe, then you have $2,000 of...

    3 lawyers agreed with this answer

  9. Can I file Chapter 7 online in Michigan? How would I find all the creditors that I need?

    Answered 3 months ago.

    1. Kurt A. O'Keefe
    2. Barry W. Rorex
    3. Shelley Ann Elder
    4. Derek R. Caldwell
    5. Ryan Berrard Moran
    6. ···
    6 lawyer answers

    I am not sure if non-lawyers can take the class to get a password to file online. The Detroit court has a person to help individuals who file for themselves; they can file with paper. I URGE YOU TO GET AN ATTORNEY. There are complex procedures involved in getting even a "simple"n case through the court. I agree with the other responses as far as gathering creditors. Be aware that medical bills often do NOT make it onto a credit report. Good luck!

    3 lawyers agreed with this answer

  10. I am the co owner of a home in which the other person refuses to pay their half of the mortgage. I recently filed bankruptcy

    Answered 3 months ago.

    1. Matthew Scott Berkus
    2. Gary D. Bollinger
    3. Nathaniel H. Herdt
    4. Kurt A. O'Keefe
    4 lawyer answers

    I agree with the "you can't" answers. Who owns the property? You may be able to sue to partition or otherwise force a buy out; this depends on your state law. Do you have an agreement as to how the mortgage was to be paid? It does not have to be in writing. Is the other person living in the house? Your agreement may amount to a lease, if you are paying the expenses, you may be, in effect, renting to the other party. You may be able to evict the other person for non-payment. Again, these...

    3 lawyers agreed with this answer