Barbara BakerOmerod Attorney FAQs
(989) 723-8222
What Questions Can I Answer for You?
Divorce
Usually, I require a $1,500 retainer if there are no children and $2,000 retainer if there are children. We bill against the retainer at $275/hour for the principal attorney, $225/hour for the associate attorney time and $150 for the legal assistant’s time. In some cases, I'll do a flat rate if the parties already have an agreement regarding all issues. If the case appears more complicated than normal, a larger retainer may be required.
Yes, once we file your divorce, we will set up a conciliation hearing to determine child support and a parenting time schedule. It depends on the schedule and the incomes of the parties as to who pays and how much is paid.
Child support is a formula based on your income, your spouse's income, and how much time you have the children.
If you were served by mail, you have 28 days to file an answer with the court. If you were served in person, you have 21 days to respond.
I’ll talk with you and answer any questions that you may have. I'll give you a fee agreement and a questionnaire. Once you are ready to get started, bring in the signed fee agreement, the completed questionnaire, and the retainer, and we will get started on your documents.
Yes. If you feel threatened, you should go to the court and file for a Personal Protection Order (PPO) immediately. Go to the Circuit Court, and they can help you.
An amicable resolution to family matters is always in the best interest of all of the parties. However, if necessary, I can and will aggressively protect my clients and their rights.
Filing Bankruptcy
You can have $25,150 per person or $50,300 per married couple equity in your residence as of 11/2021.
Figure out the value (what could your house be sold for today) of your house. Subtract the amount of mortgage(s). The sum is your equity.
It is difficult to protect any real estate other than your residence unless the equity in the other real estate is less than $12,575 per person, and you have no other property to protect.
Yes, you protect the equity in your vehicle up to $ 4.000 (value - loan= your equity). Other vehicles can be protected under the general category.
Not usually.
Yes, immediately upon filing, we can notify your employer to stop the garnishment.
Garnishments against wages, tax refunds, and bank accounts, seizure of vehicles, furniture, firearms, or anything else you own, liens against real estate.
Bad debts always looks bad. Bankruptcy is a black mark, definitely, but it will "clean up" your credit and zero out your unsecured debts. Your debt to income ratio will look better immediately.
Unsecured debt such as credit cards, medical bills, music clubs, magazines, personal loans may be discharged in a "normal" case. Any debt secured by property such as real estate, furniture, vehicles, etc. may be discharged if the property is returned.
It would probably be best to surrender the vehicle and buy one that you can afford.
Only if you owe the bank or credit union - money for a loan. You'll not be paying after the filing of bankruptcy.
No, it has to be disclosed, and it would be fraudulent not to disclose it.
You cannot discharge unsecured priority claims, including, but not limited to, certain taxes, student loans, spousal support, child support, criminal restitution, and debts for death or personal injury caused by driving while intoxicated from alcohol or drugs. Creditors can also object to a Chapter 7 discharge based on the fraudulent acts of the debtor. A discharge in a Chapter 7 case is a liquidation, or termination of the obligation on the debt, of the debtor's unsecured, non-priority debt, in addition to secured debt that is surrendered.
Unsecured, non-priority debt, are debts such as medical bills, credit cards, and personal loans. Secured debt is debt that has a lien, or security interest, in real or personal property, such as a car loan or a mortgage on real property. The obligation on a secured debt can be discharged as long as the property securing the loan is returned or surrendered to the creditor.
Yes. Stop immediately once you decide to file for bankruptcy protection.
Continue to pay mortgage(s), car payment(s) (if you plan to keep them), rent, utilities, and telephone.
The filing fee to the court is $338, and the legal fee is $1,000 for most counties surrounding Shiawassee County.