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Christopher M. Mcavoy's Answers
- 112 Legal Answers
- 1 Legal Guide
2
Attorney answers:
My ex-husband believes he's overpaid his child support due to a calculation error at friend of the court, do I have to reimburse
He should request an accounting at the FOC. Once it gets figured out, if he has overpaid, he will receive a credit towards future child support. You will not have to directly pay him back. Let the FOC be the accountant and figure this out. Good luck.
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3
Attorney answers:
Do I have to pay a 1099 if my vacation house was under a bankruptcy in 2004 and this year did a deed in lui on it?
A 1099c is issued when a debt is forgiven by a lender. There is no debt here for the lender to forgive as it was discharged in bankruptcy. If you didn't owe any money, what was forgiven? There was no good reason to do a deed in lieu but it was nice of you to save the bank some hassle. They still had a right to recover the collateral even though the debt was discharged. If you do get a 1099, don't panic. Your accountant should be able to handle it and there will be no tax consequence.
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3
Attorney answers:
We did not reaffirm our 2 mortgages in chapter 7 which was discharged and closed in 10/2010. Our attorney first advised to
Your attorney did not appear to do anything wrong, The bank gave you a loan at the closing to buy the house. You gave the bank a mortgage which secured the loan. Your personally responsibility to repay the loan is discharged. They can't make you pay it. However, if you don't stay current on the house note, they can recover the house to satisfy the debt. Basically, the debt is gone but the mortgage remains. The lender is allowed to send statements regarding the status of the house for...
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2
Attorney answers:
Medical Collections SOL - Michigan (Which route is best)
The statute of limitations for a breach of contract is 6 years. The 7 years you heard may be in reference to credit reporting. The 6 years begins to run from the date of service and can be extended if any payments were made on the account. For example, it is 5 years since the service was given. A year ago, a credit collection agency said to pay anything towards your debt. You pay them $10.00. You just extended the statute of limitations. If they have sued you and have a judgment, those are good...
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1
Attorney answers:
State Tax Refund given to creditor and still owe state tax?
It sounds like the creditor garnished your state refund. You should have received notice of this in the fall. If you fail to object, then the state sends the money to the creditor. If you need to file for bankruptcy, consider doing so now as a bankruptcy lawyer can recover any involuntary payments made to a creditor in the 90 days before filing. That is the only way you are going to get it back.
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3
Attorney answers:
My Mom's Chapter 7 Bankruptcy case was discharged but now a creditor is suing her for a $25000 old debt. What will happen next?
If the debt was incurred prior to the filing of her Chapter 7 and she received and Order of Discharge, then the debt is gone and the creditor is violating the discharge injunction. Your mother should contact the attorney that handled her bankruptcy to assist her in this.
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3
Attorney answers:
Name change
A name change is done by petition in the Wayne County Probate Court. There is a process to follow as mandated by statute. The biological father has a right to notice and may object. The statute states in relevant part: (5) Except as provided in subsection (7), if the petitioner is a minor, the petition shall be signed by the mother and father jointly; by the surviving parent if 1 is deceased; if both parents are deceased, by the guardian of the minor; or by 1 of the minor's parents if...
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2
Attorney answers:
Child from affair
A child born during a marriage is presumed to be the child of the married couple. If you have filed for divorce, this is the time to contest paternity of the child. If the Judgment of Divorce is entered and the child is named as your child, you will remain legally responsible and this cannot be undone. Regardless, you won't get money from the biological father. The time to contest is during the divorce and prior to the entry of final judgment. The mother of the child may then bring an action...
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4
Attorney answers:
Impact of spouse filing bankruptcy on marital home?
I reviewed the prior answers and before you take any advice from an attorney, please note that not one of the responders are licensed to practice law in Michigan and one of the responses was flat out wrong. Some quick answers to some quick questions: The wife must list her interest in the house, however, since the house is worth less than the secured lien, the house has no equity. There is no asset to exempt. The mortgage is not on your 50% of the house and not hers. That is nonsense. The...
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1
Attorney answers:
Does the Statute of Limitations apply to private student loans?
Section 484A(a) of the Higher Education Action provides that no statute of limitations bars enforcement action to collect Federal student loans, including collection by offset, lawsuit, or enforcement on student loan judgments. 20 U.S.C. ยง 1091a(a). State law that would otherwise limit these actions is superseded by Federal law and cannot bar collection action. Note, it is for Federal, and not private, student loans. Call the Department of Education and find out what yours are.
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