Kurt A. O'Keefeā€™s Answers

Kurt A. O'Keefe

Saint Clair Shores Foreclosure Attorney.

Contributor Level 9
  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 4 days ago.

    1. Peter L. Conway
    2. Donald B. Lawrence Jr.
    3. Michael Leo Potter
    4. Kurt A. O'Keefe
    5. Richard D. Granvold
    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...

    9 lawyers agreed with this answer

  2. 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.

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  3. 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...

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  4. 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.

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  5. 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 3 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

  6. Debt; possible sale of house and business to avoid bankruptcy

    Answered over 5 years ago.

    1. Kurt A. O'Keefe
    1 lawyer answer

    Not enough information. Whose name is the house in? What is the real market value, that is, what would it sell for today, without being painted or otherwise fixed up in any way? When was the credit card debt incurred, what was it used for? How much is the monthly mortgage payment? How much does he have left after paying his living expenses, not counting the credit cards, each month? Any sale of property on the eve of bankruptcy raises red flags. Not sure what will happen with credit card...

    1 lawyer agreed with this answer

  7. Can debt be less than 90 days old to be included in bankruptcy? How do I ensure getting my tax return?

    Answered over 5 years ago.

    1. Kurt A. O'Keefe
    2. Margery Ellen Golant
    3. Michael Anthony Cataldo
    3 lawyer answers

    The specific answer to your first question is, yes, all debt MUST be listed. Whether it is discharged, that is, that you do not have to pay it, is a separate question. Companies do not take your tax refund, but the trustee might, as Ms. Golant says, depends on the exemption laws in your state. National Association of Consumer Bankruptcy Attorneys is also a good place to find a bankruptcy attorney near you. Whether the timing of filing helps you, relates back to the exemption laws in your...

    1 lawyer agreed with this answer

  8. Any chances of me finding an attorney to help me sue CitiMortgage for a foreclosure on myprinciple residence in August, 2009?

    Answered over 1 year ago.

    1. Kurt A. O'Keefe
    2. Matthew Scott Berkus
    2 lawyer answers

    Additional damages? Highly unlikely. I have blogged on this, sellout "settlement". The Wall Street Journal had an article a week or so ago about how the mortgage industry figures on botched foreclosures was grossly understated. There are many problems trying to raise another issue now, statutes of limitation for some causes of action, grounds for lawsuit, have expired. Presumably, someone else now owns the home, so you would not get it back regardless. This national settlement is not...

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  9. Is there a limit or time frame as to how long creditors have, to report collections accts. to the credit reporting agencies?

    Answered almost 5 years ago.

    1. Kurt A. O'Keefe
    1 lawyer answer

    Generally, I believe it is after 7 years most items come off a credit report. However, if you had a no asset case, meaning the trustee did not get anything of value to distribute to creditors on your case, then this debt is discharged even though not listed. They would still have the same time limit (as if they were listed) to contest the dischargeability of the debt. You should contact your bankruptcy lawyer and get her or him the information.

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  10. What happens to debt liability if only one spouse files for bankruptcy

    Answered almost 6 years ago.

    1. Kurt A. O'Keefe
    1 lawyer answer

    No one ever has to file, one spouse filing imposes no obligation on the other. I am not licensed in Oregon, you need an Oregon attorney to answer questions on property and exemptions. With primarily business debt, you do not have to take the means test. Does not sound like your car has any equity. The lienholder does not want the car back, they want your money. If you stay current and have whatever insurance is required by the contract, should be no problem keeping it. Compile the list of...

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    2 people marked this answer as helpful