Allan M. Darish’s Answers

Allan M. Darish

Fenton Bankruptcy Attorney.

Contributor Level 13
  1. Hello, I think my question is about Trust's & Fiduciaries

    Answered 4 months ago.

    1. Allan M. Darish
    2. Michael A Kirtland
    3. James P. Frederick
    4. Sara Zivian Zwickl
    5. Michael Joseph Kotarski
    5 lawyer answers

    You can create your own trust, appoint a particular person (or persons) to handle your affairs at a particular point in time, or you could accomplish much the same thing with a Durable Power of Attorney. Whether a bond is necessary would be determined by your individual financial circumstances. You can appoint a "Patient Advocate" to make health decisions with a Medical Power of Attorney. There are also additional considerations you might want to discuss with an estate planning attorney, I'd...

    11 lawyers agreed with this answer

  2. I know someone who committed bankruptcy fraud, can I report him? Will he be prosecuted if found guilty?

    Answered 5 months ago.

    1. Waymon S. Harrell
    2. Allan M. Darish
    3. Brian Christopher Fetzko
    4. Matthew Scott Berkus
    4 lawyer answers

    Your fact scenario would seem to cover a violation of the tax laws as well as a violation of the bankruptcy code. You may want to check with the IRS concerning a violation of their regulations - there may be a reward provision and knowing how that works may better prepare you for giving them notice. What criminal penalties might apply for violating the tax code is something beyond my area of expertise. Bankruptcy fraud is a felony punishable by up to 5 years in prison. Instances of bankruptcy...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can medical bills be discharged by filing bankruptcy?

    Answered 9 months ago.

    1. Allan M. Darish
    2. Blake Owen Brewer
    3. Jeremy S. Davidson
    4. Sandra A Kuhn Esq.
    5. Nathan D McKinney
    6. ···
    7 lawyer answers

    NThe short answer is yes, but they are also subject to the same provisions of the bankruptcy code which, in certain circumstances, can cause a debt to be non-dischargeable. She would benefit from a consultation with a bankruptcy attorney to discuss the details. Good luck!

    8 lawyers agreed with this answer

  4. Can I legally call to ask if the debtor is going to pay the judgment?

    Answered 9 months ago.

    1. Allan M. Darish
    2. Jeremy S. Davidson
    3. John E. Melton
    3 lawyer answers

    Welcome to the wonderful world of collections, where judgments are only a piece of paper unless you know what to do with them. The 21 days is a limit on the debtor's right of appeal, and as such it also limits when yoiu can start the collection process in earnest. Depending on the nature of the debt, a phone call is likely a waste of time. They had the opportunity to make payment arrangements at court after you were awarded a judgment (unless they failed to show up and you were granted a...

    8 lawyers agreed with this answer

  5. Can the credit union legally deny signing off on a car loan that's been paid due to a separate line of credit owed by deceased?

    Answered 4 months ago.

    1. Allan M. Darish
    2. Paula Brown Sinclair
    3. John F. Brennan
    3 lawyer answers

    Credit unions here will frequently tie your various obligations together with "cross-collateralization" language in a car loan. The fact that your mother left the car to your daughter does not resolve this issue. Check with the Sec. of State to see if title can be transferred subject to the lien - if you have not already done so. You need to have an ownership interest in the vehicle in order to obtain insurance, and if that transfer has not occurred, the insurance you have may be ineffective...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Do I need an attorney?

    Answered 4 months ago.

    1. Allan M. Darish
    2. Steve Sowell
    3. Brook McCray Smith
    4. Kenneth W. Demers
    4 lawyer answers

    You need to have the deed reviewed by a real estate attorney to determine your interest in light of your husband's death. If the properties were generating rents after his death, and you were entitled to a portion as a surviving co-owner, you may have a claim against those siblings who collected rents and failed to distribute them properly. If your name is on title, they cannot legally transfer the properties without your knowledge and written consent by signing the deed. Knowing the current...

    7 lawyers agreed with this answer

  7. I have a judgment against someone in MIchigan. Can I collect a periodic, non-periodic and state refund simultaneously??

    Answered 3 months ago.

    1. Allan M. Darish
    2. John F. Brennan
    3. Richard Glenn Elie
    3 lawyer answers

    The short answer is - yes. You can file a non-periodic garnishment (usually directed to the debtor's bank), a periodic (wage) garnishment, and a State of Michigan tax refund garnishment. As creditor, you need to keep track of what you collect, what expenses you incur (and seek to be reimbursed for), and the interest accruing on the judgment. If you end up collecting more than you are entitled to, you have to cancel any existing garnishments and return the overage. Otherwise they could end up...

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  8. If not reaffirmed and I keep making mortgage payments, will I own my home when the loan is paid off?

    Answered 3 months ago.

    1. Allan M. Darish
    2. Blake Owen Brewer
    3. Thomas B. Baynton
    4. Dorothy G Bunce
    5. Kelli C.C. Meeks
    5 lawyer answers

    If the payments are current, and you make all the remaining payments, the bank is required by law to discharge their mortgage. If you were the title holder when you filed bankruptcy, and nothing has happened to change that (such as a foreclosure), you would own the home "free and clear" once the mortgage is discharged. The banker is full of baloney. What would prevent another lender from refinancing the home if you could show them you had made all payments timely? You may have to wait 2 or 3...

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  9. Mother died a will and was the only person on the deed to her house. What is the best way to transfer the house out of her name

    Answered 9 days ago.

    1. James P. Frederick
    2. Timothy J. Klisz
    3. Steve Sowell
    4. Allan M. Darish
    4 lawyer answers

    The house needs to go through probate. A personal representative will be appointed (you can work with other family members and propose someone that is willing to do all the work) who has the responsibility of selling the house and paying any bills from creditors who file timely claims. You would do well to retain an attorney to assist you with the process. Good luck!

    6 lawyers agreed with this answer

  10. Am I legally responsible to pay for my father's credit card debt?

    Answered about 1 month ago.

    1. Allan M. Darish
    2. Allison Greenlee Korr
    3. James P. Frederick
    4. Karen L. Lemke
    4 lawyer answers

    You do not say how the money in his account was transferred to you. If it was a joint account, and your name was on it, then the money became yours upon his death. No problem, you do not face any liability. If the money passed through probate, to what extent (if any) creditors are entitled to payment will depend on California probate law. Again, if it passed to you through that process, I don't see any liability. Death of a borrower is a risk all credit companies take when they lend someone...

    6 lawyers agreed with this answer