James R. Oppenhuizen’s Answers

James R. Oppenhuizen

Grand Rapids Chapter 11 Bankruptcy Attorney.

Contributor Level 3
  1. During a Divorce remediation, I have been awarded $173K. Is this type of domestic debt dischargable in personal bankruptcy?

    Answered 11 months ago.

    1. James R. Oppenhuizen
    2. J. Richard Kulerski
    3. Christine B. Adams
    4. Diane L Gruber
    4 lawyer answers

    The answer to your question is a little trickier than indicated. If your husband were to file a chapter 13 bankruptcy rather than a chapter 7, it is possible to discharge the obligation. It all comes down to whether the obligation is characterized as support (which is not dischargeable under any chapter of the bankruptcy code) or property settlement (not dischargeable in chapter 7, but dischargeable in chapter 13). You should contact a competent bankruptcy attorney and your divorce attorney...

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  2. If someone is filing chapter 11 and they took your money to lease a restuarant can they keep your money.

    Answered almost 2 years ago.

    1. James R. Oppenhuizen
    2. Michael Avanesian
    3. Marc Gregory Wagman
    3 lawyer answers

    Your relationship with the landlord is governed by the lease, and the validity of the lease is determined by whether the debtor assumes it during the bankruptcy. If he assumes the lease, the landlord / debtor will be required to cure any defaults under the terms of the lease. This issue is highly complex and the specifics of your situation will affect the outcome. It is impossible to give a complete answer without reviewing the documents and the Debtor's case. Please feel free to contact me...

    5 lawyers agreed with this answer

  3. I am being sued by a creditor for outstanding debt However, I live on student loans and have no assets. What do I do?

    Answered 8 months ago.

    1. James R. Oppenhuizen
    2. Jonathan Stone
    3. Dwayne M Farnsworth
    4. Jared A. Roberts
    5. Robert J Adams Jr.
    5 lawyer answers

    The student loan proceeds may or may not be exempt from garnishment, and any exemption that exists is only effective if you assert it at the appropriate time. Only certain student loan proceeds are covered by the exemptions, other proceeds are not. Therefore, if the funds are in a bank account, at a minimum the account can be frozen if the creditor obtains a judgment and issues a garnishment. You will have to take steps to object to any garnishment in order to protect the funds. Failure to...

    2 lawyers agreed with this answer

  4. How do I respond to a court summons for a credit debt I believe is time barred? and do I send something to their attorney too?

    Answered almost 2 years ago.

    1. James R. Oppenhuizen
    2. Deborah F Bowinski
    2 lawyer answers

    Michigan has a 6 year statute of limitations, so this lawsuit may be time barred. You must file an Answer to the Complaint within 21 days of the date on which you were served, or the fact that the statute of limitations has run will not matter. In your Answer, you should include a statement that the statute of limitations has expired, if in fact it has. You should meet with a consumer protection attorney in your area as soon as possible. If you do not obtain an attorney in time and choose...

    1 lawyer agreed with this answer