Michigan Legal Blog of the Bruce Law Firm

Through our blogs, we provide timely updates and commentary on legal issues that could have a significant impact on your life. We cover the latest trends impacting Michigan’s business community, as well! 

BankruptcyChapter 13Chapter 7

Bankruptcy Dismissed vs Discharged

Bankruptcy can be an extremely overwhelming process. You need to understand the different terms used in bankruptcy law and what they mean for you before going ahead with this decision. Hearing about “dismissal” or “discharge” from someone who has filed their own may give some insight into one’s future course of action if they were ever faced with such circumstances themselves!

Every individual filing bankruptcy is motivated to obtain an order from the bankruptcy court “discharging” any debts incurred before their case. A bankruptcy discharge has legal consequences that prevent creditors from suing or attempting collection of these past-due balances, giving you a fresh start with opportunities in life once more!

Bankruptcy dismissals are never good news. A bankruptcy dismissal means that your case has been halted prematurely without a discharge being granted, which can make it challenging to get back on track with your debts.

bankruptcy discharge vs dismissal
DivorceFamily Law

How Long Does a Divorce Take in Michigan?

If you are considering divorce, it is essential to understand how long the divorce process takes in Michigan. Depending on what kind of divorce action you are filing, the divorce process can take anywhere from two months to a year or more.

If no children are involved in the Divorce in Michigan, the mandatory waiting period is 60 days. If minor children remain in the marriage at the time of filing, the minimum mandatory waiting period is at least six months before your divorce can be finalized. These are the mandatory waiting periods set under Michigan Law. There are some exceptions for which a Michigan divorce attorney could be of assistance.

how long does it to get a divorce in michigan
Child CustodyFamily LawParenting Time

At What Age Can A Child Decide Which Parent To Live With In Michigan?

Michigan, child custody law is a highly complex area of family law. Many questions arise when deciding child custody, including, “At what age can a child decide which parent to live within Michigan?” A child in Michigan never receives an absolute right to decide where they live until they turn 18 years old. The reasonable preference of the child is just one factor the Court reviews when determining child custody and parenting time.

The best thing you can do for your child is finding an experienced family law lawyer. In addition, it would be best if you had a custody and divorce lawyer if you find yourself in a child custody battle.

when can child decide who to live with
Criminal LawTheft Crimes

Michigan Retail Fraud Criminal Charge: What is it?

In Michigan, shoplifting is referred to as retail fraud. A Michigan retail fraud case occurs when a person commits theft or an act of deception to obtain goods or services from any retail establishment. This can be done by using false pretenses, altering the price tags on items, falsifying discounts, and more. In all situations, the store must be open to the public.

The value of the property stolen determines the degree of retail fraud that is charged. The severity of the punishment for Michigan retail fraud charges also depends on whether or not the accused has any prior retail fraud convictions. A prior conviction can be used to enhance a shoplifting charge.

michigan retail fraud 3rd degree
DivorceFamily Law

What is a High Asset Divorce?

What is high asset divorce? The term high asset divorce can be a bit misleading. It does not refer to the amount of money that you have in your bank accounts; instead, it refers to having any marital property with a high valuation. A high asset divorce often includes various high net worth assets, including multiple homes, business assets, or multiple types of financial assets.

Understanding divorces and how they are different from other types of divorces will help you make better decisions about your legal rights during this time. You want a divorce settlement that is fair and gets you the property you deserve. A high asset divorce lawyer can be of assistance in these cases.

high asset divorce
Chapter 7Child SupportFamily Law

Can you file Chapter 7 Bankruptcy on Child Support Arrears?

Child support law is complicated and can be challenging to understand. Many people making child support payments ask themselves when they consider a Chapter 7 Bankruptcy whether or not child support arrears will be discharged in a Chapter 7 bankruptcy case.

No, you cannot file Chapter 7 Bankruptcy and eliminate your prior child support obligations. Although a creditor can be stopped from collecting on a debt, you owe a child support creditor will not be affected. Child support payments must continue after a bankruptcy is filed.

hild support and chapter 7 bankruptcy
Child SupportFamily Law

Affidavit of Parentage: What Is It and Why Is it Necessary?

An affidavit of parentage is a statement made by the parents of a child who admit paternity. For example, an unmarried father of a newborn child may sign an “Affidavit of Parentage” to establish their legal rights as a parent.

By signing the paternity affidavit, the dad will be placed on the child’s birth certificate. This voluntary acknowledgement of paternity, signed under penalty of perjury, has the same legal effect as a court order of paternity.

affidavit of parentage michigan
BankruptcyChapter 13Chapter 7

Getting Copies of Bankruptcy Discharge Papers: What You Need to Know

Many people want to get a copy of their bankruptcy discharge papers and other bankruptcy paperwork, and there are many reasons why. Perhaps you need your complete bankruptcy file for your records, or you’re looking to apply for a new job and require a copy of your discharge papers. Often a debtor will need access to their bankruptcy records to correct their credit report after their case is discharged.

Whatever the reason may be, we’ve outlined some things that you should know to help you get a copy of your complete bankruptcy file as well as your bankruptcy discharge order. It is important to keep a copy of your bankruptcy case.

How Do I Get a Copy of My Bankruptcy Discharge Letter
Estate PlanningReal Estate

Lady Bird Deed Michigan: Uses for Estate Planning

A Michigan Lady Bird Deed is a simple estate planning tool used to pass real property to your heirs upon death. A lady bird deed is a type of deed that allows the Grantor or the person leaving the property to retain a life estate. A Lady Bird Deed avoids probate and passes to your named heirs automatically. Michigan lady bird deeds are also known as an enhanced life estate deeds.

A lady bird deed Michigan is an estate planning tool that has many advantages. An estate planning attorney can be of value in discussing if it can benefit you and your needs.

lady bird deed michigan lawyer
Criminal LawDUI DefenseTraffic Ticket

The Michigan Super Drunk Law: What You Need to Know

Have you heard of the Michigan Super Drunk Law? This law is designed to try and curb super drunk driving. The law states that anyone caught with a BAC level or blood alcohol content of 0.17 or higher will be considered "super drunk", leading to an increased penalty. This high bac offense only applies when there has not been a prior offense in the preceding seven years.

Michigan's Super Drunk Law is Michigan's version of a "super drunk law." This new Michigan DUI statute increases the penalties for drivers with blood alcohol content (BAC) reading by over .17%. The Michigan Super Drunk Law went into effect in 2010 and rates as one of the strictest DUI laws in America today.

monroe michigan super drunk law

Disclaimer

The information on this website is for informational purposes only and does not establish the attorney-client relationship nor constitute legal advice of any kind.

Hiring a lawyer is an important decision that should not be based solely upon advertisements. You have the right to quality legal representation. You need an attorney that will review your case and work with you; one who does not have any conflicts preventing them from doing so–and finally someone licensed in the state your issue arises.