Lacy Rose’s Answers

Lacy Rose

Lansing Divorce / Separation Lawyer.

Contributor Level 3
  1. Am I judgement proof against HOA dues post Chapter 7 and have abandoned the property. My only income is social security

    Answered over 1 year ago.

    1. Lacy Rose
    2. John F. Brennan
    3. Kelly G. Lambert III
    4. Scott Edward France
    5. Stuart M Nachbar
    5 lawyer answers

    If your Chapter 7 Bankruptcy was a no asset case, which it most likely was if your only income is Social Security, your HOA dues will be discharged even if they were not listed on your Schedules. You should, however, check with your bankruptcy attorney to make sure they were listed on your Schedules. However, you have another layer of protection. Under federal law, all Social Security income is completely immune from any type of garnishment. Therefore, when your only income is Social...

    Selected as best answer

  2. What happens if a non-custodial parent doesn't allow custodial parent to take the child back because the child has been abused?

    Answered about 1 year ago.

    1. Lacy Rose
    2. Kelly G. Lambert III
    3. Jade Jozzmenia Edwards
    3 lawyer answers

    It is important that you consult with an attorney as soon as possible. While it is completely understandable that you do not want to send your son back to the situation he is describing, you should not violate the current court order. Doing so could severely diminish your ability to advocate for your son in the court in the future. While you can file an ex-parte motion yourself, it is always advisable to have an attorney assist you.

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  3. Can a nursing home take a home that is in both divorced partners names and one has to go in a nursing home?

    Answered about 1 year ago.

    1. Lacy Rose
    1 lawyer answer

    Without having seen your divorce paperwork or the deed to your home, it is difficult to answer this question with any specificity. However, in general terms, if you still own the home together as joint tenants with rights of survivorship after the divorce, the creditors of your ex-husband can probably take steps to attach his portion of the interest in the home to collect the debt. When a couple is married, they own property in a "tenancy by entirety" and creditors of each spouse separately...

  4. Legal Stand for Pay Day loan collection when they do not provide paperwork what it is for

    Answered about 1 year ago.

    1. John E. Melton
    2. Tara E. Nichol
    3. Lacy Rose
    3 lawyer answers

    First of all, if you took out these loans in 2006, the statute of limitations for collecting any money from you in a lawsuit has likely passed. In Michigan, the statute of limitations for breach of contract claims is 6 years. Unfortunately, if this is not a scam and the calls you are receiving are from a legitimate debt collector, the $250.00 payment that you sent them could have tolled the statute of limitations. You should never pay a creditor who cannot prove to you in some way that...

  5. Is our Bankruptcy attorney properly handling our case?

    Answered about 1 year ago.

    1. Scott Benjamin Riddle
    2. Brian Crozier Whitaker
    3. Derek R. Caldwell
    4. Lacy Rose
    5. Dorothy G Bunce
    5 lawyer answers

    While no attorney can give you an opinion as to whether your attorney is properly handling your case with as little information as has been provided here, there are a few reasons why you might pay a Chapter 13 bankruptcy for longer than 60 months. The first is a lag time between when you are required to start making payments and when your plan is confirmed. You are required to make your first plan payment within 30 days of filing your bankruptcy case, but the 60 months actually begins when...