Lynnmarie A. Johnson’s Answers

Lynnmarie A. Johnson

Flint Bankruptcy Attorney.

Contributor Level 13
  1. I loaned money for a car to someone filing Chapter 13, is that a secured debt?

    Answered 11 months ago.

    1. Lynnmarie A. Johnson
    2. Richard D. Granvold
    3. Eliot Albert Sasson
    4. Matthew Scott Berkus
    4 lawyer answers

    Unfortunately since you didn't file a lien on the title, it is highly doubtful that the trustee will treat it as a secured lien. As you say in your question, it was a "personal" loan. The person may be able to work something out where they pay you outside the Chapter13. I would definitely file a Proof of Claim and see what the trustee allows. But they probably won't pay you as secured. Sorry!

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  2. My parents are old and sick. They need to make a will and some real estate plans

    Answered over 1 year ago.

    1. David B. Carter Jr.
    2. Lynnmarie A. Johnson
    3. Matthew Erik Johnson
    4. Charles Adam Shultz
    5. Julie Aletta Paquette
    6. ···
    9 lawyer answers

    Most, if not all, estate planning attorneys make house calls. We have many clients that have health problems and can't get our office, so we come to them. Look on this list or however you wish for estate planning attorneys in your parent's general area and call and ask. I think you will find it is quite easy to find an attorney who will come to the house!

    12 lawyers agreed with this answer

  3. We are getting up in age and have thought of selling our home to our children and we would take a life lease on it.

    Answered about 3 years ago.

    1. Lynnmarie A. Johnson
    2. James P. Frederick
    3. Donald B. Lawrence Jr.
    4. Matthew Allan Quick
    5. Mark S. Bosler
    5 lawyer answers

    You can do even better. Do a "ladybird deed." That allows you to sell the house, mortgage it, do anything you want to it while you alive, but if you own when the last of the two of you pass away, then it automatically goes to your children. All they have to do is file a copy of your death certificates, and they automatically get the house. This protects you while you are living, if one of them gets sued or goes bankrupt you don't lose your home, also they can't sell it out from under you....

    10 lawyers agreed with this answer

  4. What should I do if I am filing an estate but the client does not have the signed original will?

    Answered about 2 years ago.

    1. Lynnmarie A. Johnson
    2. Julie Aletta Paquette
    3. Matthew Erik Johnson
    3 lawyer answers

    You can petition the court to take the copy and use that. It helps if you can get the lawyer who prepared it to say that it is a true copy of the one he prepared (it is a special affidavit that we often prepare in these circumstance) or one of the witnesses to say that it is a copy of the document that they witnessed the person signing. You might also check with your local probate court to see if the original was filed with them. You can do that for a small fee, so they could actually...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Why won't probate court accept a copy of a will? How do we get answers regarding investment account named in the will?

    Answered about 1 year ago.

    1. Lynnmarie A. Johnson
    2. Thomas A. Doyle
    3. James P. Frederick
    4. John F. Brennan
    4 lawyer answers

    You can get the court to accept a copy but you may have to go to one of the witnesses or the attorney who drafted it and have them do an affidavit that it appears the same as the original. If the investment account is set up as POD (Payable upon Death), it doesn't have to go through probate, it should automatically be paid out to each of you. However some companies make it hard to get, because they want you to keep the money with them. Write them a letter demanding that the money be...

    9 lawyers agreed with this answer

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

    Answered 5 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

    It depends on the value versus what you owe and if you can afford to make the payments. If you have equity in the truck, then you would claim the exemption under (f) with any excess under (d)(5). Yes you would fill out the Statement of Intention if you intend to reaffirm (take back on the loan) it.

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  7. 1st mortgage was not reaffirmed but 2nd was. Unable to refinance now. Been told it could possible be a malpractice case?

    Answered 11 months ago.

    1. Lynnmarie A. Johnson
    2. Douglas Eugene Kuthy
    3. Scott Benjamin Riddle
    4. Matthew Scott Berkus
    5. Richard D. Granvold
    6. ···
    9 lawyer answers

    Michigan does not require the reaffirmation of mortgages, which is generally consider a very good thing. If you decide a couple of years down the road that you need to walk away from your house you can and the bank can't try to get any deficiency from you. I don't know why you reaffirmed the second mortgage and not the first if you were concerned about the ability to refinance down the road. Maybe there was some reason, but it sounds very unusual. You hopefully have re-established your...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I file for. Guardianship of an incapacitated ex spouse in Michigan

    Answered about 2 months ago.

    1. Lynnmarie A. Johnson
    2. Michael Joseph Kotarski
    3. Steven J. Reina
    3 lawyer answers

    You can file for guardianship of anyone. Whether or not the court grants is up to the judge keeping in mind who else might file or contest it. If you are the only party and he signs the back of the form that he wants you to be his guardian, it will make things much easier. Good Luck!

    8 lawyers agreed with this answer

  9. What forms do I need to file an estate tax return. My father died in Sept 2012 and his estate finalized through probate in Nov

    Answered about 1 year ago.

    1. Lynnmarie A. Johnson
    2. Kenneth R. Gold
    3. Donald B. Lawrence Jr.
    4. Kevin Matthew Sayed
    4 lawyer answers

    Go to irs.gov and you need Form 1041. Read the instructions first and make sure you had enough income in the estate to file the form, and since you distributed out that income (presumably) to his heirs, check to see if you need to send them Form K-1. They have a different due date, so be sure you check carefully! If you don't feel confident doing this, hire a CPA, this is not something that you want to do wrong since the Personal Representative can be held liable for any unpaid income taxes....

    8 lawyers agreed with this answer

  10. How will my ex-husband's bankruptcy filing impact my credit?

    Answered about 1 year ago.

    1. Lynnmarie A. Johnson
    2. Shaye Larkin
    3. Blake Owen Brewer
    4. Brent J Jensen
    4 lawyer answers

    The joint debt, particularly the mortgage co and the HELOC may cause them to not want to report the payments or send statements to you since he is filing bankruptcy on them and they are not allowed to contact him during the bankruptcy. Some mortgage companies interpret this to mean that they also can't contact you since you are a co-debtor with him, and of course they won't take his name off, no matter what your divorce judgment says about who gets. The individual debts will not affect you,...

    8 lawyers agreed with this answer

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