Legal Question in Family Law in Michigan

I'm a michigan resident which is on disability,and my husband and are just recently going through bankrupsty which is almost final in 30 days .he was self employed as a non-licenced electrician.but over the last year hasn't had more than 5,000 worth of employment .at least that he's told me about.we've fallen behind so badly with our first and second mortgages they will probably forclose.a month ago i asked him to leave because he told me he had been hiding money and spending it on drugs and gambling,which is why i had to take out a 2nd mortgage 2 years ago. to date he still hasn't given me a cent towards bills.

my question is how or will this effect our bankruptsy and also what do i have to do to get a legal separation in order to protect any assets that are left .i'm probably going to be asked to refinance,sell or they will forclose.i have no money except my small disability check which isn't enough to pay all the bills let alone rent some place.can you please help? jan


Asked on 11/11/09, 5:48 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Did you have a bankruptcy lawyer? If you do, I presume you would have discussed these issues with him. There is no such thing as a legal separation in Michigan, and you would need to file divorce and have temporary orders regarding child support, visitation, custody, spousal support, and other financial issues, entered with the court immediatley until the divorce is finalized. What did your lender do when you filed bankruptcy? Were you not behind at that point, so you reaffirmed the debt, and continued with your payments? There are several issues here that need to be discussed with a lawyer as soon as possible.

If you ahve the funds to retain me, please contact me. Unfortunately I am not in a position to provide free legal services. You may also try to contact the State Bar of Michigan for the contact information to free legal aid services in your area, if you qualify, however, they only handle certain areas of the law and their time and resources are very limited. When a person has issues such as you that affect their life and well being, and the future of you and your children (not sure if you have minor children), along with the effects it could have on a bankruptcy that is almost completed, you should pool your money together - get loans from family and friends if necessary, and retain a lawyer to help you. You want to do it the right way so you improve your situation.

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Answered on 11/19/09, 4:40 pm


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