Even though bankruptcy discharges your personal obligation to pay a secured debt, the lien on your property will remain.

Any amount of a debt that is secured by property, will remain. Any amount that is not secured by the property, will be discharged. For example, if you your purchased a tv on credit, if you default on your payment the creditor has the right to the collateral (the tv). If the value of the tv is less than the amount you owe, the remaining amount will be discharged.

For more information regarding liens and Chapter 7 bankruptcy, contact our office at (586) 264-3756.

We handle numerous probate and trust administration cases, where siblings do not get along. It is better to work through issues with your siblings, prior to your parents’ passing away, as there is less stress and emotion.

There are several questions to ask your adult siblings, which may help repair and strengthen your relationships.

1.) What can I do to help us grow closer? This question opens the door to issues that you may not know exist. It may give your sibling the ability to finally open up about something that is bother them, and in turn, the ability to work through the issue.

Do I qualify for Chapter 7 Bankruptcy? One of the main factors in determining whether or not an individual qualifies for a Chapter 7 bankruptcy, is whether your household income is under the median family income amount.

For cases filed on or after November 1, 2017 in Michigan, the following are the median incomes by family size:

1 earner: $48,626

Bermuda has passed a law this month that bans same-sex marriage and cruise ships registered in Bermuda from hosting them.

The law comes less than a year after the island’s Supreme Court made same-sex marriage legal in May. Bermuda is now the first jurisdiction to overturn the legalization of same-sex marriage.

The decision has put Bermuda tourism and some major cruise lines in a difficult situation. Carnival subsidiaries Cunard and P&O Cruises are both registered in Bermuda. Regardless of where the ships are in the world, they will no longer be allowed to host same-sex marriages. The same-sex marriage ban will force many couples to rethink their travel plans.

Getting divorced at any age creates profound stress and uncertainty. However, this is even more so for older individuals. There are several considerations to help prepare yourself from financial pitfalls.

1.) Create an inventory of all assets, before meeting with your attorney. You should know how each asset is titled (jointly or individually).

2.) Be mindful of past employment and any pension or stock options that you may have.

As a new addition to our blog, we will be highlighting certain relevant cases that are making headlines this month! We hope the highlighted cases will be able to assist our clients in seeing how a Court handles similar situations to their own.

The case of Bonk v. Bonk dealt with whether a trial court could modify parental rights and responsibilities when one parent was relocating if that issue was not expressly raised by motion and the sole motion before the court was the relocating parent’s motion to modify parent-child contact.

In Bonk v. Bonk the mother appealed a trial court decision that transferred the right to choose the children’s residence and school from her to the child’s father, and that reconfigured the parties’ existing contact schedule, reducing her time with her children from approximately 65% to 20%. The Supreme Court held the mother’s motion to modify parent-child contact and father’s motion to dismiss in response did not raise the issue of the parties’ parental rights and responsibilities. Therefore, the trial court abused its discretion by issuing an order modifying parental rights and responsibilities. Furthermore, the Court held that the trial court proceedings supported finding a sufficient change of circumstances to grant mother’s motion to modify parent-child contact. Accordingly, the Supreme Court reversed and remanded for the trial court to set a new parent-child contact schedule.

Once your divorce is final with the Court, there are several things you should do to wrap up any lose ends. Below is a checklist of some post-divorce issues you may encounter:

1.) Look after your credit. Cancel joint credit cards, and ensure that you are aware of all of your old and new obligations.

2.) Update your estate plan. Ensure that you have removed your ex-spouse from your Will, Trust, and Powers of Attorney – both as a fiduciary and as a beneficiary.

How to reconcile the valuation of a business, its potential equity distribution, and support obligations.

If you are a business owner, you want to ensure that your spouse is not able to “double dip” in receiving part of the business, and spousal support based upon your income. This would allow your spouse to receive double recovery on one asset.

The Hawaii Supreme Court is listening to arguments in a significant LGBTQ case, involving legal parenthood. The case involves a lesbian couple, where one of the women sought out a sperm donor and became pregnant while the other woman was deployed in the military. Upon returning from deployment, the non-pregnant spouse filed for divorce. The child was born before the divorce was finalized.

As a general family law principle, when a married woman gives birth to a child, the birth mother and spouse are presumed to be the child’s parents. A presumption that can be rebutted. In this case, the spouse argued that there was no way she could have been the child’s biological parent. The family court denied the spouse the right to sever her parental obligations. The spouse is claiming that the standards of presumed parentage do not apply to same-sex couples; however, to adopt such a view would be at odds with the landmark case of Obergefell v. Hodges, which set precedent that states cannot impose different terms and conditions on marriages between same-sex and opposite-sex couples.