Attorney Brian Dailey, founder of the Dailey Law Firm, PC in Royal Oak, MI and Host of the LawShow tm, live on Sundays at 2:00pm from Newtalk 760 WJR AM in Detroit Michigan, credited with the  development of the concept and the use of the Debt Dec Action tm, said “the debt dec action tm is really a procedure where you take the fight to the bill collectors and creditors and in this way increase your chances of avoiding bankruptcy and cleaning up your credit once and for all.” When you file a “debt dec action” tm you are actually suing the creditor or bill collector who is harassing you for payment. Utilizing the courts, you compel them to come into your home state and show why they think you owe them anything” Said Dailey. “In our experience more than 75% of the cases end up with dismissals with no payment to the creditor or bill collector and then our clients can get a clean credit report” said Dailey. According to Dailey, “when the creditor or bill collector is faced with a “debt dec action” tm, especially when they are out of state, they fold like a cheap suit hoping to avoid the payment of legal fees to defend against the “debt dec action” tm. The prospect of spending thousands of dollars defending against the “debt dec action” tm, is a huge incentive for the the creditor or bill collector to forgive the debt and and revise their derogatory credit reports to all three credit reporting agencies experian, trans union and equifax.”

If you or someone you know is facing crushing debt, late night calls from bill collectors and want to avoid chapter 7 bankruptcy or chapter 13 bankruptcy or chapter 11 bankruptcy and you are interested in seeing if you qualify for the “debt dec action” tm, call Brian Dailey at the Dailey Law Firm, PC 28000 Woodward Avenue, Suite 201, Royal Oak, MI 48067 (866) 66LAWYER.

“Many of my client’s, though concerned about the stigma for filing for chapter 7 Bankruptcy liquidation or chapter 13 Bankruptcy reorganization, really appreciate that it is the state of our economy and massive foreclosures that have placed them in the position to file for chapter seven Bankruptcy liquidation or chapter 13 Bankruptcy reorganization.” Dailey said.

Mr. Dailey and Mr. Grove are especially interested in helping people avoid chapter 7 Bankruptcy and avoid chapter 13 Bankruptcy and avoid foreclosure by first analyzing a client’s financial condition. Their analysis takes into consideration whether they can negotiate credit card balances, debt balanaces and renegotiate or short sale the clients home to avoid foreclosure. We often see that upon renegotiating the  client’s debts including their mortgage or obtaining a short sale that the need to file Chapter 7 Bankruptcy liquidation and the need to file chapter 13 Bankruptcy reorganization disappears and then the client will no longer be facing the loss of their home by foreclosure.

Dailey Law Firm, PC offers a free intitial consultation to all clients interested in filing Chapter 7 Banruptcy liquidation and Chapter 13 Bankruptcy reorganization. Dailey Law Firm, PC offers client appointments and consultations after regular business hours and on weekends.

To schedule an appointment to discuss foreclosure, chapter 7 bankruptcy liquidation, chapter 13 Bankruptcy reorganization, mortgage renegotiation, short sale or debt negotiation call Brian Dailey at the Dailey Law Firm, PC 28000 Woodward Avenue, Royal Oak, MI 48067. 866-665-2993/248-744-5005/866 66 LAWYER

Dailey Law Firm, PC, sponsor of the LawShow heard every Sunday from 2 to 3 pm on Newstalk 760 WJR AM in Detroit, Michigan is offering services in Chapter 7 Bankruptcy and Chapter 13 Bankruptcy.  Many people look to Bankruptcy as a way to delay or eliminate foreclosure on their homes. While Bankruptcy can stop foreclosure, it often is no more than a temporary interruption of the foreclosure process. However, “sometimes all the distressed homeowner needs is a little extra time” according to Grove of the Dailey Law Firm, PC.

Other issues that also arose in the survey: safety and mobility, especially for low-income older people, who have drastically different legal needs than those who have more resources.

“We needed a better understanding of what the needs were of older adults,” said Kate Birnbryer White, executive director of Elderlaw. “We want to make sure that we’re prepared to meet their needs, that we’re putting our resources in the right places.”

The survey, conducted in December, asked 640 people to discuss everything from whether they have a will to whether they’ve received a hard sell from a door-to-door salesman within the past year. A final report on the survey is expected by Aug. 1.

Less than half of those who responded said they felt they knew their rights when they were in the hospital or receiving Medicare or Medicaid to pay their health care bills.

That’s not a problem for Kathleen Richardson, 58, of Okemos. She’s a registered nurse and her husband, Mark Richardson, is a doctor. She also has inflammatory arthritis and coordinates a support group for others with the disease.

“A lot of people, especially older people, are intimidated by doctors,” she said. “The older generation, I think, they were trained to not question what the doctor did.”

Almost one-third of survey respondents had created a health care power of attorney, which designates someone to make medical decisions on their behalf – but even that is not enough, White said.

“Ideally, we would want the goal of 100 percent of people having those documents available should they become necessary,” she said. “It’s really not just an issue for older adults. Any of us could get hit by a truck tomorrow.”

Estate planning

It’s also important for people to think about how they want their estate used after their deaths, White said. But 53 percent of survey respondents said they didn’t understand probate law, and 37 percent didn’t have a plan for their estate.

Only 2.4 percent of people had designated a financial power of attorney, which designates someone to handle their finances when they are incapacitated. It’s a simple form available at most financial institutions.

“They don’t always have to go to an attorney and draft a big document,” White said.

Besides legal issues, safety and mobility are key for low-income folks over 50, the survey shows.

Feeling of security in their estate plans

“Only 20 percent of our lower-income households said they actually felt safe in their house, which I felt was very shocking,” said Keith Morris, director of legal services for Elderlaw. “Only 17 percent of them said they were able to go where they wanted when they wanted.”

A quarter of low-income seniors said they had problems in meeting their bills, and their overall understanding of legal issues was much lower than survey respondents with higher incomes.

Marion Owen, director of the Tri-County Office on Aging, said that information correlates with her experiences at the agency. It distributes information about legal resources to the people it serves through its programs.

“We try to get at people from different angles, whether they’re with Meals on Wheels or in a senior center,” she said.

]]> http://the-law-journal.daileylawyers.com/michigan-seniors-need-to-learn-about-estate-planning-and-probate/feed 3 http://the-law-journal.daileylawyers.com/hormone-therapy-suspected-as-cause-of-breast-cancer-and-wrongful-death-in-women http://the-law-journal.daileylawyers.com/hormone-therapy-suspected-as-cause-of-breast-cancer-and-wrongful-death-in-women#comments Mon, 30 Jun 2008 13:17:05 +0000 brian http://www.thelawshow.com/the_law_journal/?p=11

One of three Plaintiff’s awarded $134,000,000.00 in damages against pharmaceutical giant Wyeth died Thursday at noon, said one of her Reno lawyers, Geoff White. She was under hospice care for her lung cancer, he said. She was 65.

Forrester, Arlene Rowatt, 67, of Incline Village and Jeraldine Scofield, 74, of Fallon, were awarded $58 million after a jury found that Wyeth drug, Prempro, used to counter menopausal symptoms, caused their breast cancer.

The results of two large-scale studies on the health risks and benefits of hormone replacement therapy (HRT) for post-menopausal women dropped a bombshell of bad news this year. The Women’s Health Initiative (WHI) study, sponsored by the US National Institutes of Health (NIH), and the UK’s Million Women Study, sponsored by the British Medical Research Council (MRC) and Cancer Research UK, both found that HRT significantly increases the risk of invasive breast cancer. The US study also found higher risks of heart attack, stroke and blood clotting. The NIH took the unusual step of halting the WHI trial and recommended that women stop taking HRT for mild menopausal symptoms.

The jury initially ordered Wyeth to pay $134 million, but Washoe District Judge Robert Perry ruled that the verdicts were the “result of passion and prejudice” and should be lowered.

The $58 million remains the highest amount awarded yet as Wyeth faces thousands of similar cases across the country. Wyeth has appealed the verdict to the Nevada Supreme Court.

“One of her best events was her ability to get some degree of justice from Wyeth even though she knew she was going to die,” White said.

“The decisions made in corporate boardrooms in Philadelphia and New Jersey can have tragic consequences for a family in Yerington, Nevada, and did in this case,” White said

The high cost of foreclosing on a loan is ample evidence that lenders have a strong incentive to work out the problems with the loan and try to find an accommodation. Unfortunately, many individuals have found that talking to their lender is like banging their head against a wall – it gets you nothing but a headache. But understanding their language and knowing the right questions to ask can make the experience easier to stomach. That’s where a knowledgeable real estate attorney is invaluable.

The first step is determining what you can realistically afford. The next step is to sit down with your attorney and discuss what your legal options are. Many individuals are intimated to even call attorney, often in fear of what it may cost. Surprisingly, a good attorney can assist you for much less than what you’d expect. And the savings, down the road, to your credit report and pocket book are immeasurable.

The foreclosure option that may work for you may not work for your neighbor. Some of these options include:

1. Deed in lieu of foreclosure

2. Short sale approval

3. Payment modification

4. Payment forebearance

5. Payment extension

Next week, I’ll discuss in more detail each of these options.

As always, feel free to contact me with specific questions at our Royal Oak Office: 248.744.5000

[1] Lender cost of foreclosure: $58,759– Craig Focardi, CMB, Research Director, TowerGroup’s consumer lending division, cited by Dona Dezube, “Heroic Homeownership,” Mortgage Banking, (June 2006) p. 82.

However, the statute did not specify whether to use radial miles (calculated by drawing a straight line from the original residence to the new one), or road miles (calculated by using a program like Mapquest to determine the distance in road miles between the two residences). However, in the recent Michigan Court of Appeals case Bowers v. Vandermeulen-Bowers, the Court approved the lower court’s use of radial miles when applying the 100 Mile Rule. The case was issued for publication on March 25, 2008. So, when calculating miles under the “100 Mile Rule,” pull out your rulers and draw a straight line!

If you are involved in a divorce or custody proceeding where either you or the other party wishes to move with the children more than 100 miles away, it is crucial that you have an experienced Family Law Attorney protect your interests. At Dailey Law Firm, we offer free initial consultations to all our prospective clients. Please call our office at 1-866-LAWYER, and we would be happy to schedule and appointment.

At the end of the 1 or 5 year period, in almost every case (except cases where the multiple drunk driving convictions all happened before January 1, 1992), the person must request a Hearing before the SOS. At the SOS Hearing, the person must prove they are completely sober and that they actively participate in a structured support group, such as AA. The SOS is HIGHLY technical in how they review these cases, so it is crucial that you are represented by an experienced driver license restoration attorney to ensure you have the best chance of success. In most cases, if you lose an SOS Hearing, you must wait a full year before you can re-apply, which is why it is so important to ensure proper preparation for the SOS Hearing.

Our Driver License Restoration specialist, Attorney Matt Catchick, has been representing individuals in Driver License Restoration cases for nearly twelve years, with tremendous success. Please call Matt Catchick at 1-866-66-LAWYER, and he would be happy to schedule a free initial consultation with you.