Martin M. Holmes’s Answers

Martin M. Holmes

Muskegon Bankruptcy Attorney.

Contributor Level 5
  1. Can I get sued or taken to jail for not paying a payday loan in Texas?

    Answered 7 days ago.

    1. Mark Allen Land
    2. Martin M. Holmes
    3. Bruce Ward Bain
    4. Stacey Marc Barrus
    4 lawyer answers

    Threats to have you arrested are a blatant violation of the Fair Debt Collection Practices Act! Identify the caller, and contact a lawyer that handles FDCPA claims. You can also report the collector to The Federal Trade Commission and the Attorney General in your state. The FTC has gone after several Pay Day Lenders and debt collectors for just this sort of thing.

    5 lawyers agreed with this answer

  2. Can I discharge debts incurred during marriage after I get a divorce

    Answered almost 6 years ago.

    1. Martin M. Holmes
    2. Jeff Adrian Biddle
    2 lawyer answers

    The answer is Yes. but with an important qualification. You can file a bankruptcuy and discharge marital debts. However A divorce does not alter any rights between a creditor and the debtor. It does however settle wrights between the divorcing parties. A bankruptcy after a divorce will discharge your debts owed to the creditors but will not discharge any liability your spouse has for those debts. Therefore any creditor to which he or she is indebted will not be barred from filing a claim...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. What should I do if I received a court summons for a credit card debt and asked to file a written answer with the court

    Answered over 1 year ago.

    1. Martin M. Holmes
    2. Tara E. Nichol
    3. Reese Serra
    3 lawyer answers

    I do not have sufficient information from your question to give you proper legal advise. You should contact an attorney arrange a consultation and get advice for your specific situations. You may have defenses to the law suit or you may not. If you file a written answer you will have a chance to have the courrt determine if your defenses are good or not. some defenses must be raised in the first answer or they are waived. if you do not file an answer the plaintiff will be able to obtain a...

    1 lawyer agreed with this answer

  4. Would chapter 7 be a wise option if I'm going to be divorced or legally separated soon and my wife will be living in the house

    Answered 9 days ago.

    1. Robert Ricci
    2. Shelley Ann Elder
    3. Tony Anthony
    4. Blake Owen Brewer
    5. Martin M. Holmes
    5 lawyer answers

    A chapter 7 bankruptcy will not discharge child support or spousal support. It will discharge your personal liability to creditors. It will not remove liens such as a mortgage. If you file an individual bankruptcy it will not discharge personal liability your wife might have to creditors joint creditors. If the divorce assigns a debt to you, and you later file bankruptcy you might be off the hook to the creditor but if your wife is jointly liable they can seek recovery from her. If they do,...

    1 lawyer agreed with this answer