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Michael J Corbin

Michael Corbin’s Answers

7,682 total


  • Could the alimony in question that the ex-wife received be taken back?

    A husband and wife divorced in 2000 and the wife received semiannual alimony checks until 2008. A government investigation began concerning 2005-2008 and the ex-husband has been found guilty of using investors money invested in his company to pay ...

    Michael’s Answer

    If I understand your point correctly, the ex-husband was convicted of some kind of fraud/Ponzi scheme, and he used some of the money he improperly received to pay the ex-wife's alimony payment. The short answer is this - if the people who are owed the money come looking for it, the ex-wife will probably be ordered to pay it back. That's too bad, since she did nothing wrong, but it wasn't his money to give. She'll need a good attorney to see if this can be fought off or not. I'm guessing not.

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  • Is there a way I can legally make him take the class again?

    My husband and I divorced Sept 2015, one of the conditions for visitation was the he attend and complete an anger management class. He states that since he completed it once, in 1999, after he was released from prison, that he does not have to do ...

    Michael’s Answer

    Tell him, point blank, that if he doesn't retake the class and provide evidence of completion, then he is in violation of the order, and he will forfeit all his parenting time until he comes into compliance. If he doesn't like it, he can explain his "theory" to the judge when HE takes you to court on the parenting time issue.

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  • What can I do to see my kids per the order

    My ex-husband will not let me see my kids per the Court Order and I need help to understand.

    Michael’s Answer

    You have discovered the fatal flaw in family court orders - they are nearly impossible to ACTUALLY enforce. Let's say your existing Order has a very specific parenting time provision in it - let's say Friday at 5:00 p.m. (hypothetically). You show up at 5:00 to get the kids. Your ex says no. You call the cops, copy of order in hand, and show it to the nice police officer. They say, "Sorry...that's a civil issue. Call your attorney." They aren't going to force the kids to go with you. So, you're stuck. You call your attorney on Monday, and they'll tell you, "We need to file a motion for contempt." Ok. Great. It'll take months to get in front of a judge. Then, all the judge is going to do (hopefully) is issue another order and yell at your ex. But, if your ex won't cooperate and comply, what's next? Another trip to court, and another trip to court. Eventually, the judge may reverse custody just because of your ex's actions, but that will take a LONG time to reach. Unfortunately, however, that's the only method we have to legally deal with the issue, and it's a horrible remedy.

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  • Can we reaffirm the loan now is it a good idea? What problems may this cause? Is it best to just try to payoff this loan first.

    I have a second mortgage loan that was not reaffirmed after a bankruptcy in 2008 and I was not aware of this til now. We are trying to refinance our home. The bank (Chase) with the second will not release information to us about the loan to give ...

    Michael’s Answer

    You cannot "reaffirm" your loan now since (a) your bankruptcy is 8 years old and closed, and (b) reaffirmation isn't necessary anyway. The lender can certainly provide you with the payoff amount - they are choosing to be a pain. Have your lender contact them and tell them that they're going to get paid, if they'll tell them what the amount owed is.

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  • Can you ask for deferment when in collections?

    I have 2 private student loans right now that are in default and with collections.

    Michael’s Answer

    No. They will not put your SL's into deferment when you are in actual default. That's not possible. You'll have to "rehab" the loans first, then see about a deferment.

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  • Are we required to acknowledge this mortgage at closing, and satisfy the debt, with proceeds, from the sale of the property?

    Hello, My wife and I filed Chapter 7 Bankruptcy, in 2009. We re-affirmed a few things, including both mortgages, on our primary residence. Or so we thought. We weren't receiving statements from the bank that holds the second mortgage. So my wife...

    Michael’s Answer

    Yes, you'll need to pay the second mortgage. Even if you didn't reaffirm the debt, the lien created by the mortgage will remain on the property regardless, and they aren't going to release it unless they are paid. If they'll settle for less than the full amount, that remains to be seen.

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  • My question, what I should do or ask the plaintiff to do to remove the judgment from my public record and from credit card?

    I had a small claim court which I lost to the plaintiff, however I appeal the judgment, and before the court date, i settle the case with the plaintiff for agreed to drop and dismissed all charges. My question, what I should do or ask the plainti...

    Michael’s Answer

    I assume you mean that you'd like the plaintiff to "remove" the judgment from the public record and your credit report. I'm unclear how it's on your public record to begin with - if there was a judgment, but you appealed it in a timely fashion, then the judgment isn't "final," and I doubt it would appear on the public record or your credit report. If it is being reported, then the fact that the case was ultimately dismissed should remove it - file a dispute with the CR agencies and demand that it be removed from reporting by showing them the order for dismissal. If, however, you settled this and it wasn't "dismissed," then reporting that it was settled would be appropriate - that would mean that the judgment remains on the record.

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  • My question is with my disposable income after support how much can a creditor take with my income being as low as it is?

    I live in MIchigan and I am being sued by my student loan company and a creditor. I've received letters for wage garnishments on both. I also pay 77 in child support a week and after that I'm usually around the $225 area per week. I'm in the pr...

    Michael’s Answer

    Given that your income appears to be at minimum wage or slightly above, I don't know if they can take anything from you - certainly not a lot. The bankruptcy won't resolve (probably) the student loans, but it may be able to do something about the other debt.

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  • See above please respond.

    We filed personal and LLC bankruptcy in June 2011. The LLC owed two properties. One went back to the bank. The other a Mobile Home Park was included in the bankruptcy and the bank, who owned it as collateral was ordered by the Trustee of the Co...

    Michael’s Answer

    This is an interesting issue, but I'm unclear on a few points in your post. First, you state that you filed, "personal and LLC bankruptcy" - was that 2 separate bankruptcies, or did you just include the LLC holdings on your personal bankruptcy (this is most likely route)? Second, I've never heard of a bankruptcy trustee ordering any collateral holder to, "take the property back." Most likely, the property was simply surrendered in the bankruptcy and not retained or reaffirmed. If that's the case, then you'd still be the deeded owner of the property all these years unless the lender initiated foreclosure proceedings and actually went through with it. I'd advise that you immediately check with county recorder to ascertain the true deeded ownership of the property.

    As for the "clean up," you don't mention what the exact nature of the problem is - is it just items on the land, or is it something worse? I'm guessing it's the former since you mention it merely costing, "thousands of dollars." Regardless, however, if you're the owner of the property, it's your responsibility. Further, no bankruptcy is "closed" with the State of Minnesota - the file may be closed with the bankruptcy court, but that's not relevant to what you're talking about. It's not abandoned property unless and until the county comes after it to deem it as such. I'd also advise that you speak with your bankruptcy attorney ASAP.

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  • What can I do to get this judgement resolved and off of my credit?

    I have a civil judgement against me 7 years ago from a cell phone company. I was making payments then I lost my job. I contacted the attorneys handling the case to set up a new payment schedule. I've sent several emails and have made several phone...

    Michael’s Answer

    The obvious answer is to pay the judgment, in full, and have a satisfaction filed with the court. But, since you're asking for a "payment plan," that's probably not possible. The honest answer is this - you are not entitled to a plan of any kind. They don't have to give you one, and their silence tells me they aren't interested in doing it again since you didn't pay them the first time. And, even if you were to pay it off in full, it won't "erase" it from your CR. The reporting agencies would be obligated to report it was satisfied, but the fact that there was a judgment is a public records, and reporting it is truthful and lawful.

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