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James R. Oppenhuizen

James Oppenhuizen’s Answers

4 total

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

    I have read that under Michigan law that because I have no assets and only have student loan money that I'm considered "uncollectible". But how do I proceed? Should I call the creditors attorneys and tell them I have nothing? Are there any papers...

    James’s Answer

    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 object to the garnishment on time will result in the judgment creditor receiving the funds. You will not be able to get them back. Unlike social security funds, the bank is not required to know the source of the funds and inform the garnishing creditor.

    It is very important that you meet with a good bankruptcy or consumer protection attorney as soon as possible. Calling the creditor and informing it of your financial situation will not help you as the creditor will simply ignore you.

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

    My award is fist for stolen personal property: $97,252.00; the balance of my award is: $75,000. in attorney fees that were awarded to me. Can my ex-husband, whom is collectible, currently, discharge this is personal bankruptcy? I still have to...

    James’s Answer

    • Selected as best answer

    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 to discuss the specific language of your divorce judgment and what impact your ex-husband's bankruptcy filing (under each chapter) may have on your award. Even under chapter 13, if he stole property, you may be able to except at least a portion of the obligation from discharge, but an additional lawsuit, called an adversary proceeding would have to be filed.

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  • 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?

    I received a summons for an old credit card debt that I believe is time barred, I made my last payment march 14th 2006 and I think the statue of limitations in michigan has expired. how do I respond to the court to let them know and has it expired...

    James’s Answer

    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 to file an Answer on your own (which I do not recommend), the local court may have forms that you can use.

    Remember that this response to your question does not create an attorney client relationship and that you should seek the advice of an attorney with regard to the specific facts in your situation.

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

    I just found out I leased a restuarant from a company they if filing chapter 11. Can he go around taking people money knowing he does not have any money to fix things when needed. And I signed the lease March 28th 2012 It is sept 2,2012 And...

    James’s Answer

    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 directly if you would like to discuss these issues further.

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