Bankruptcy

Individuals, displaced, and downsized workers. Those in peril of losing their home, cars, and life savings, or who cannot pay their bills as a result of economic hard times. Chapter 7 or 13.

• Chapter 13
• Chapter 7
• Collections & Repossessions
• Credit Disputes
• Debt Relief
• Garnishments
• Chapter 11
• Business Bankruptcy
• Credit Repair
• Credit Restoration
• Creditor Harassment
• Family Farmer Bankruptcy Chapter 12
• Personal Bankruptcy

MI, Nov 1974
Bar Number: P24240

All State of Michigan Courts and U.S. District Court, Western District of Michigan.

State Bar of Michigan, Federal Bar Association (Bankruptcy Section), National Association of Consumer Bankruptcy Attorneys, and American Civil Liberties Union.

Law is constantly changing. Congress and state legislatures are continuously passing new laws. Regulatory bodies are creating new rules and regulations and every day courts interpret those laws and set precedents that guide other courts and judges. Keeping up with all the changes is challenging. I subscribe to several periodicals and receive news letters and emails alerting me to these changes each day in the area of consumer bankruptcy and debt relief. I spend about an hour a day reviewing them.

I attend continuing education seminars and workshops frequently. I also engage in discussions about the law with other attorneys whose opinions and expertise I hold in high esteem. Every client has unique facts and circumstances. The way the law applies to each case depends on the facts, circumstances and the goals of the client. Therefore, every case involves research, review, and analysis of the law from a different perspective and point of view, and is itself continuing legal education. This is probably why a lawyer's daily business is referred to as a law "practice."

In a recent case, I represented a woman in her 80s who had about $60,000 of her life savings and built a house on land owned by her son. The vacant land was worth about $11,000. The house and land were appraised at $86,000. The land was subject to a mortgage that also covered the son's house on adjacent property. When the son died, the mortgage company foreclosed. The mortgage company demanded that my client pay off the $122,000 mortgage, covering both properties and refused to cooperate with my client in any way. We offered to buy the land for its fair market value, which was rejected. The mortgage company proceeded with its foreclosure and obtained a sheriff's deed. During the six months, my client had to redeem the property. She found a buyer for the house and offered to pay the bank $79,000, which would allow the son's estate to sell the remaining property and pay off the mortgage. The mortgage company refused. I filed a law suit against the mortgage company. The mortgage company settled the law suit by deeding the property, including my client's house, to my client, free and clear of any claims for $5,000.

In another case my client owned property worth $120,000. His first mortgage was for $120,000. He also had a second mortgage for $35,000. He was over three months behind on his mortgage payments and owed a large amount of debt for medical bills and credit cards. I filed a Chapter 13 on his behalf which stopped the foreclosure sale. The court approved a plan that allowed him to catch up his back payments on the first mortgage over a three year period of time. It treated the second mortgage as an unsecured debt and stripped the lien off the property. He paid unsecured creditors (including the second mortgage about 5 percent of what was owed).

1

Michigan

Presently, about 80 percent of our time is dedicated to debt relief, consumer bankruptcy, Chapter 7 and 13, foreclosure prevention, relief from garnishment, and repossession. Another 10 percent involves litigation, either defending or prosecuting law suits. The remaining is divided between real estate transactions, divorce, child custody, and social security disability claims.

Holmes Law Offices was established in 2002. I am a solo practitioner and have been most of my 35 years of law practice. See previous employment for more details.

2002 to Present: Private Practice
• Consultation, advice, and advocacy in debt relief and bankruptcy.
• Consultation, advice, and preparation of documents related to real property transactions, deeds, mortgages, title opinions, and land contracts.
• Preparation and trial of all matters involving litigation, including business, real property and contract disputes, divorce, criminal defense, and social security disability.

2001 to 2002: Western Michigan Legal Services
• Full time volunteer staff attorney (pro-bono).
• Responsible for providing legal assistance to poor in civil matters including domestic relations, custody, real property disputes, landlord-tenant, debt relief, and welfare law.

1974 to 1976 and 1983 to 1998: Private Practice
• Responsible for the preparation and trial of all matters involving litigation, including business, real property and contract disputes, divorce, criminal defense, and social security disability.
• Small business organization, consultation, and advice in all matters involving the development and growth of small business, corporate and partnership structuring, contract negotiation and preparation of documents and contracts.
• Consultation, advice, preparation of wills, trusts, and documents related to estate planning.
• Consultation, advice and preparation of documents related to real property transactions, deeds, mortgages, title opinions, and land contracts.

1976 to 1983: Prosecuting Attorney, Mason County, Ludington, Michigan
• Responsible for the preparation and prosecution of all criminal offenses within jurisdiction of Mason County Michigan, including consultation with all law enforcement agencies, preparation of search and arrest warrants, directing of grand jury investigation and presentation of evidence.
• General Civil Counsel to Mason County Government including Mason County Board of Commissioners and all Departments of the County Government.

(231) 719-2843

Monday through Friday
9:00 a.m. to 5:00 p.m.

Evenings and weekends by appointment.

Yes

Holmes Law Offices does offer fixed-price or flat rate service for bankruptcy cases. We charge $1,100 in attorney fees for most Chapter 7 cases and $2,300 for most Chapter 13 cases. This fee may vary based on the complexity of the case. Costs for out of pocket expenses and supplemental services are additional. Before we begin work, a written fee agreement is entered into with each client, clearly stating the costs and attorney fees involved and what services are covered by the flat rate.

$175.

Our office will spend some time on the telephone or in person with prospective clients in order to determine the nature and scope of the legal problem, the urgency of the matter, and whether or not we can help. This usually takes about 10 to 15 minutes, which we do not charge for.

See above.