Michigan Lawyer Blog

Section 362 of the United States Bankruptcy code provides for a stay of collection proceedings from the moment a bankruptcy proceeding is filed. An automatic stay is an automatic injunction that prevents any creditor action (with some exceptions), from continuing any collection activity against a debtor that has filed for bankruptcy. The stay is the…

If you are considering filing for bankruptcy, you should bring the following documents to your free consultation: 1.) 3-6 months of paystubs; 2.) past two (2) years of income tax returns; 3.) If you own real property, you will need the property tax statement or appraisal; all recorded deeds, mortgages, or land contracts; and your…

A qualified domestic relations order, or QDRO, is a court order that allows the transfer of funds from a 401(k), or other qualified retirement account, to a spouse, pursuant to a judgment of divorce. A QDRO is one of the few instances that money can be withdrawn from a 401(k), without paying an early withdrawal…

When divorcing your spouse, you need to understand the total amount of assets, including real estate, investment accounts, retirement accounts, etc. You also need to understand whether you are likely to receive spousal support. All of these factors will help you determine how your are going to support yourself after all of the assets are…

Partner, Patrick Derkacz, recently settled an auto injury claim for $1,195,000.00 for a husband and wife who were the victims of a violent car accident. The couple was traveling to see their granddaughter’s new apartment on a Sunday morning before their lives were changed forever. They were violently rear-ended by a vehicle driving 70 mph.…

After you’ve negotiated the terms of your divorce judgment, and you are officially divorced, you will still have a lot of loose ends to tie up. One often overlooked issue that needs to be addressed, is updating your estate plan. Generally, an estate plan will include a trust or will, a durable power of attorney,…

1.) Q: What is the Chapter 7 bankruptcy process? A: If you are considering bankruptcy, we would ask you numerous questions about your income, assets, expenses, and debts. We would run your credit report to determine the amount you owe each creditor. If we find that your monthly expenses exceed your income, and your assets…

One of the most common questions we receive is “how long do I have to wait until my divorce is final?” The statutory minimum for a divorce withoutminor children is sixty (60) days. The statutory minimum for a divorce withminor children is six (6) months. That being said, the actual time that your particular case…

Everyone loves saving money, but it could cost you if your current means of doing so include not listing all drivers of your vehicle on your insurance policy. SMDA recently worked a case where the insurance company claimed they were entitled to deny no-fault insurance benefits to our client because he allegedly was not listed…

There is a new mobile system that veterans can utilize in order to access healthcare services from their mobile devices. The Veterans Affairs Telehealth Services can now be accessed by app, making it easier for patients to schedule visits from as many as 50 types of health care services remotely. Last year alone 700,00 veterans…