A Look At Personal Bankruptcy & What To Expect

One of the most difficult decisions that you can face is whether or not to file for bankruptcy. For individuals, there are basically two types of personal bankruptcy, which includes Chapter 7 and Chapter 13. Designed to give the filer a fresh start in life by wiping out certain debts, a Chapter 7 bankruptcy will rid the filer of credit card and other unsecured debt. A chapter 13 bankruptcy, on the other hand, is a court-approved payment plan in which the filer is required to repay a predetermined percentage of their debt. The determination of which chapter to file will be based on the filer’s disposable income, if any, after paying their necessary monthly bills.

When many people file for bankruptcy, their first thoughts are of their assets and whether or not they may lose their home. In a Chapter 13 repayment plan, the majority of filers are allowed to keep their property in exchange for repaying a portion of their debts. A Chapter 7, however, is designed to be a liquidation process that often results in the sale of non-exempt property. Which property is non-exempt in a bankruptcy proceeding? Each state has it’s own laws pertaining to the amount of property that an individual or married couple can keep without having to worry about it being liquidated.

The official bankruptcy process begins upon filing a petition with the local bankruptcy court. This can either be done individually, also known as pro se, or with the help of an attorney. For most, hiring Firebaugh and Andrews  is the best way to make sure that every form is completed accurately and in order to make sure their assets are protected as much as possible. Upon the filing of a bankruptcy petition, the court will assign a trustee to the case and will set a date for a Meeting of the Creditors. Although creditors of the filer are invited to attend, they are not required to do so. The filer, however, is required to attend and will be questioned by the trustee, under oath, while having the meeting recorded. This meeting is typically the only appearance required of the filer unless special circumstances are present.

Following the Meeting of the Creditors, often referred to as the 341 meeting, the creditors will have 30 days to object to the filers property exemptions and another 30 days to object to the discharge if the filing is a Chapter 7 bankruptcy. In a Chapter 13 proceeding, creditors may object to the payment plan but the discharge will not be granted until the payment plan is complete. A Chapter 13 bankruptcy can last for up to 5 years before the payments are completed and a discharge is issued. Following the discharge, the bankruptcy case will be closed and the process will be complete.

We offer free consultation, call us today 734-722-2999

Is Bankruptcy a Good Idea for You?

Filing for bankruptcy is a complicated, emotional process. It involves more work than most people realize and can have serious effects on your financial life for years to come. To determine whether or not filing for bankruptcy is the best option for you, you should review information on what bankruptcy can and cannot do to improve your financial situation. After taking a look at the resources below, you may find that your situation doesn’t require filing for bankruptcy, or that bankruptcy won’t have the effects that you desire. On the other hand, you may find that filing for bankruptcy could help you out of a difficult financial bind.

Is Bankruptcy a Good Idea for You?

The decision to file for bankruptcy is a serious one and there are a number of considerations worth examining closely before getting started. At outset it is worth considering whether a bankruptcy is appropriate at all. Because of the serious impact on your future ability to access credit and the potential loss of assets bankruptcy may be best avoided, where that is possible.

Those considering bankruptcy should also carefully consider the kinds of bankruptcy available. As a threshold question it is important to determine whether you are even eligible for one or another form of bankruptcy. Also, depending on which form of bankruptcy you choose important and valuable assets may be lost or retained. There are also significant differences in the time and expense associated with one or another form of bankruptcy.

Considering other impacts can be critical in deciding whether to file for bankruptcy or which form is a better option. Some bankruptcies may fail to discharge credit card debts, impact your pension plans or other assets, or create financial issues for co-signers. Finally, bankruptcy involves a significant invasion of your personal privacy and the exposure of your financial life may impact the desirability of the relief provided.

What Happens After a Chapter 7 Bankruptcy?

Those who pursue a Chapter 7 bankruptcy should be aware of some potential problems or concerns. Many forms of debt cannot be discharged under Chapter 7 bankruptcy, including government funded student loans, some forms of tax debt, federal tax liens, child support, alimony, spousal support, debts for personal injury or death arising from a motor vehicle accident, fines and penalties for violating the law, certain tax-advantaged retirement plans, and cooperative housing fees are among the debts that cannot be discharged.

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Potential applicants for Chapter 7 bankruptcy should be aware that even private student loans are rarely discharged without a special showing of undue hardship, such as may arise where a debtor has become permanently disabled and cannot work. Applicants for this and other forms of bankruptcy should also carefully consider the impact the bankruptcy will have on their credit.

Following a bankruptcy, debtors may need to engage in a process with the credit bureau in order to correct any inaccurate reports from former creditors. This can entail contacting former creditors for verification of the satisfaction of debts. Even when these issues are resolved those who have completed a bankruptcy can still expect to pay higher credit rates, higher down payments, or need to produce a co-signer when attempting to secure new credit. These complications may necessitate the retention of a mortgage broker when seeking to purchase a house.

Have Questions About the Benefits of Bankruptcy? 

Contact Firebaugh & Andrews today for a free evaluation 734-722-2999

Is bankruptcy the end of the world?

Filing for a bankruptcy is never an easy task. It is not an easy decision to make either. The decision to file for a bankruptcy comes from the fact that something has gone wrong and this is the time where you are not only worried and stressed-out but also emotionally vulnerable. Actually filing for a bankruptcy on the other hand is an extensive process that requires specialized knowledge and skills.

The first challenge for most people is whether to choose chapter 13 or chapter 7 bankruptcy and this is a very difficult choice to make all by yourself. F&A Firebaugh Andrews P.L.L.C Bankruptcy Law Firm is the one you can bank on at such a time. Its attorneys and staff understand that you don’t just need a cookie-cutter solution but something that is customized to get you the maximum benefit based upon your unique circumstances. This is why they provide case-by-case basis evaluations by highly qualified attorneys that will help you get just that. The firm will provide you with legal support and expertise from the first call you make until the time your case is completed.
To get you started, the distinction between the benefits of filing a chapter 13 and a chapter 7 are not quite that clear for everybody. Here’s what both of these mean:
Chapter 13: This lets you reorganize your debts into one affordable payment plan by using the powerful provisions of the bankruptcy code to force creditors to accept much less than they have been getting. You can choose from payment terms between 3 to 5 years and work with your attorney to decide the amount of money you can afford to pay in that time period so that you don’t have to worry about those huge payments coming up each month to various creditors and don’t have to be worried each time your phone rings. This plan can be used for your mortgage payments, student loans, credit card payments, pay-day loans, past dues taxes, or even if you want to restructure your car loan.
How do I Qualify?
To qualify for chapter 13, you need to have a regular flow of income and your debts cannot exceed a very high maximum amount.
How does it work?
When you file for a chapter 13, your lawyers will help you to prepare your budget, fill out all the forms, and appear with you at the court hearings. This is done after you have sat down with your lawyer and discussed your financial goals with your lawyer to make sure the Plan is meeting your individual needs and safeguarding your interests to the maximum extent allowed under the law.
What happens after my payments are made?
After all of your payments are made and you have complied with all of the terms of the Plan, the payment plan is terminated and you receive a discharge from debts.
Chapter 7: Chapter 7 is filed when people can’t afford to pay creditors. The idea is to sell the non-exempted assets and to use that money to pay off the debtors. Many people are able to exempt all of their assets and therefore keep everything that they own and get rid of their debt. Chapter 7 is commonly known as straight bankruptcy and allows a person be relieved from debt while still keeping enough property to make a fresh start.
How does it work?
With chapter 7, a trustee is assigned to your case. The trustee’s duty is to collect and sell all the non-exempted assets and use the money to pay off your creditors. The Trustee also has a duty to make sure that you have been truthful in disclosing your complete financial circumstances and in good faith you can’t afford to pay your creditors.
What can I not use Chapter 7 for?
You cannot use chapter 7 to get rid of student loans, most of the taxes, and child support.
The best part is, you can visit the website bankruptcyfilingfees.com to get all the information that you need.

Chapter 7 Or Chapter 13 Bankruptcy

A New Beginning With Bankruptcy – Chapter 7 Bankruptcy

No one ever expects it to happen but everything gets out of control and you are in debt far over your income. No one wants to think about filing bankruptcy but sometimes you just don’t have a choice. Chapter 7 bankruptcy allows you to emerge from a difficult experience and start all over. Chapter 7 bankruptcy is when a debtor’s non-exempt assets are sold and the money is distributed to his creditors. If a debtor has few assets, he or she can exempt the property and obtain a fresh start and keep his or her assets.

Chapter 7 is the most common type of bankruptcy. This type of filing is most common, claiming about 65% of all bankruptcy filings. As long as the creditors have no objections, the debtor can be free of most debt within a few months.

A debtor will not lose their house or car with loans if they agree to continue to pay for these items and there is little equity. Many people are unfamiliar with this information and won’t even check into Chapter 7 bankruptcy. The only drawback to Chapter 7 is that you are unable to file bankruptcy within eight years after a previous bankruptcy discharge.

How do you file a Chapter 7 bankruptcy claim? The easiest answer to this is to contact Firebaugh & Andrews PLLC at 734-722-2999. You will speak directly with either attorney Sam Firebaugh or Roberta Andrews. They will ask you questions to make sure sure qualify. It is very important to answer all questions truthfully.

No one ever thinks they could possibly have to file bankruptcy. It is comforting to know that if things get bad enough you do have an option. It is also reassuring to know that you don’t have to lose your house or car when trying to make a new beginning.

A Way To Ease The Pain – Chapter 13 Bankruptcy

The debts have been mounting up and you are getting farther and farther behind in paying them. You want to pay them but you are not sure exactly how to get that done. Chapter 13 of the bankruptcy code allows you to do exactly that. You can pay your bills back at a lower interest rate or no interest rate at all. A Chapter 13 bankruptcy allows you to keep all of your assets. This type of bankruptcy is for those who have a regular income and can afford to pay something but not as much as they are paying out now. Chapter 13 bankruptcy gives you three to five years to finish your payment plan and discharge most of your debts even if they only receive a fraction of what you owed. During these five years, Firebaugh & Andrews, PLLC will oversee the process for both you.

A Chapter 13 bankruptcy allows the debtor to keep their property. The Court allows you to will set up a Plan of repayment based upon what you can afford to pay. There will be a written plan drawn up to protect you from collection while you are in the payment Plan. Once this plan has been written and approved the repayment process must begin in about a month of filing. The payments are normally paid to a Trustee who oversees distributing the money fairly to creditors. The creditors are bound by law to adhere to this plan and are unable to collect any other claims from the debtor. You will work with your attorney to set up a reasonable repayment plan for you.

Chapter 13 bankruptcy has a full discharge option when the debtor has completed all the required payments. This type of bankruptcy plan also allows for a repayment plan even if the creditors disagree with it. They do have the option to file an objection, but if it has been approved by the court these circumstances don’t allow them a lot of options. If you want to repay your debts but at a slower rate this is probably the way you want to go. You get out of debt and get to keep all your property.

Free Consultations: Important for Bankruptcy Cases

If you are looking to hire a bankruptcy attorney then you have likely seen multiple ads that all claim to provide prospective clients with free legal consultations. However, the word consultation means different things to different attorneys and it is, therefore, important to understand what your free bankruptcy consultation will be before you agree to it.
Why is a Free Bankruptcy Consultation Important?

You should think of an initial consultation with a bankruptcy attorney as a job interview with you being the employer. You will, after all, be paying the attorney for a service and you, therefore, have the right to find out if you are comfortable with the attorney and if the attorney has the skills and expertise to get you the best possible outcome in your bankruptcy proceedings.
Many attorneys understand that they are providing you with a service and, accordingly, will not charge you for the initial meeting. This is not only to your benefit but to the attorney’s benefit as well. The attorney needs to conduct an initial case evaluation in order to determine if he or she is qualified to help you and to determine if it is a job that he or she wants.
What Questions Should I Ask If An Attorney Offers a Free Consultation?
While many attorneys realize the importance of providing an initial bankruptcy consultation free of charge, every attorney defines that initial consultation in a different way. There are some questions that you should consider asking any attorney, who is offering a free consultation, including:
  • How Long Is the Free Consultation? Attorney consultations can vary widely in duration. Some attorneys offer free 1 hour consultations and charge for any time over 1 hour. Other attorneys do not put a specific time limit on the consultation session.
  • Where is the Free Consultation? In an effort to keep consultations short and time efficient, some attorneys will only conduct free consultations over the phone or internet. Some clients and some attorneys prefer face to face meetings, however.
  • If I Don’t Retain You, What Happens? The lawyer should be aware that professional responsibility rules in most states limit what the lawyer can do with the knowledge obtained from a prospective client during a consultation meeting.
  • Should I Bring Anything to Our First Meeting? Similarly, would you like anything to review prior to our first meeting? These questions will allow you to come to the meeting prepared to answer the attorney’s questions.
A Free Consult Can Be a Good Start
When an attorney, or his or her office staff, answers your questions about a free bankruptcy consultation, it is important to take note of all of the answers. The way in which the attorney handles your questions and free consultations can be indicative of how the attorney will handle your entire case.
Most clients are looking for an attorney with whom they feel comfortable, and who they trust to do the best job possible in handling their bankruptcy. While this in no way means that an attorney is obligated to give prospective clients free consultations that go on for extraordinary lengths of time, it also means that prospective clients should not full rushed during a free consultation. Rather, each free consultation should be a productive meeting where the attorney and client have a chance to honestly get to know one another and to decide if the attorney is a good match for that particular client. Call Firebaugh and Andrews at 734-722-2999 today for your Free Consultation.

Top 10 Facts About Bankruptcy Law

Bankruptcy law in the United States is designed to ensure that no individual faces an undue burden as a result of his debts. If your debts are truly too much to handle, you can declare bankruptcy and some or all of the debt will be forgiven so you can start over with a (mostly) clean slate. Before you declare bankruptcy, though, you should know the top 10 facts about bankruptcy law.

  1. Bankruptcy laws are federal laws and the cases are brought in federal court. This means the bankruptcy laws are the same every place in the entire United States and you must bring the case in federal bankruptcy courts. While these courts may be located in multiple different states, they are still federal courts, not state courts.
  2. You have to petition for bankruptcy with a judge. Filing bankruptcy is not as simple as just turning in some legal papers… you actually have to go to court to do so.
  3. Chapter 11 Bankruptcy is for businesses only. Individual people cannot declare chapter 11. When a business declares Chapter 11 bankruptcy, the business is simply restructured – the company does not close and it can continue to operate, although a trustee may manage the assets.
  4. Some individuals may be required to file Chapter 13 bankruptcy. Under new bankruptcy laws in the United States, if your income is over a certain level – the median income for your state – and your disposable income – the amount you have left over after you pay all your debts – is high enough, then you will not be eligible to file the simpler Chapter 7 bankruptcy.
  5. Not all debts are forgiven when you file Chapter 13 bankruptcy. Under Chapter 13 bankruptcy, you are put on a court mandated payment plan. This means you don’t get a clean slate. You have to pay back a portion of your debts to creditors, depending on how much money you have available to you and how much you owe.
  6. Chapter 7 bankruptcy wipes out almost all debts. If your income is low enough to file for a Chapter 7, this will mean that almost all of your debts are eliminated. Debt collectors will not legally be allowed to contact you about those debts or to attempt to collect the money for those debts.
  7. Student loans and tax debt usually can’t be eliminated in any bankruptcy. Unless you can prove “undue hardship” which essentially means that you will be completely unable to maintain a nominal standard of living if forced to pay back your student loans or taxes – you will have to pay. The undue hardship test is very hard to pass. Normally, only those who have become totally and permanently disabled or who have otherwise experienced a dramatic shift that makes them unable to pay, are eligible.
  8. Creditors can occasionally force you into involuntary bankruptcy. If your debts are extremely high, creditors can petition the court to ask the judge to declare you bankrupt. If the judge does so, he may put you on a court mandated payment plan.
  9. You may be able to keep your home, even when you declare bankruptcy. There are homestead exemptions in most states that allow you to keep your house, no matter what kind of bankruptcy you declare. Your house generally can’t be worth more than a certain amount in order for it to be eligible for the exemption, and you will have to be or become current on your mortgage payments to stop the bank from foreclosing.
  10. Bankruptcy stays on your credit report for 10 years after filing. This may make it difficult to qualify for credit or to rent an apartment or buy a home.

Call Firebaugh & Andrews today for your free consultation to see what is your best option 734-722-2999

If you file bankruptcy will you lose everything? 10 bankruptcy myth busters

Bankruptcy Myths #1: If I file for bankruptcy, I will lose everything.

This is a common misconception that keeps people who really should file for bankruptcy from doing it.  Federal and Michigan laws provide exemptions that can protect (up to a certain value) assets, such as your house, your car, money in qualified retirement plans, household goods and clothing.  For most people, they’ll lose nothing in the bankruptcy process!

Bankruptcy Myths #2: If I file for bankruptcy, I will never again be able to buy a house or a car.

Many of our clients are able to obtain new cars after completing the bankruptcy process.  However, each lender varies in their business practices so you may need to shop around.  Lenders take other factors into account as well, such as current employment, current income, and credit history.

To purchase a new home it usually takes a bit longer.  It typically takes about two years to get a house after you file for bankruptcy.

Bankruptcy Myths #3: If you’re married, both spouses have to file for bankruptcy. 

If one spouse has a significant amount of debt in their name only, it may make sense for only one spouse to file.  However, if there are joint debts then it may be prudent for both spouses to file.   If there are joint debts and only one spouse files then the creditor may still attempt to collect the debt from the non-filing spouse.

Bankruptcy Myths #4: I won’t ever be able to get credit after my bankruptcy.

Many of our clients are shocked by how quickly they’ll start getting credit card offers in the mail again.  By opening a new credit card and habitually making on-time payments your credit score will quickly improve beyond pre-filing levels.  Please see our credit repair kit to view other ways to increase your credit score. We help our clients increase their credit scores through bankruptcy. It’s also important to monitor your credit score.

Bankruptcy Myths #5: People who file bankruptcy are financially irresponsible.

There are a multitude of reasons that people need to file for bankruptcy, many of which are out of their control.  Often it is because people run into very serious personal problems such as a job loss, serious medical issues, or a divorce.  Unemployment, the cost of running two households following divorce, or the cost of medical care have all driven well-intentioned Americans into bankruptcy.  It’s financially irresponsible to avoid your creditors, ignore your bills and drive yourself further into debt.  Millions of well-intention-ed Americans have filed for bankruptcy and come out stronger and more successful!

Bankruptcy Myths #6: You can’t get rid of back taxes in Bankruptcy.

Certain federal, state and local taxes can be discharged under the bankruptcy laws.  There are several qualifications that must be met, but once these are met, the taxes may be discharged.

Bankruptcy Myths #7: It’s really hard to file for bankruptcy

Although there were new laws enacted in 2005, the new laws were drafted to prevent fraud and bankruptcy abuse.

Bankruptcy Myths #8: Everyone will know you have filed for bankruptcy.

It is unlikely anyone will know that you have filed for bankruptcy unless you tell them.  While bankruptcy is a matter of public record, someone would have to specifically track down the information using your personal information in order to find out if you filed for bankruptcy.

Bankruptcy Myths #9:  You can’t afford to hire an attorney.

At Firebaugh & Andrews , initial consultations are FREE!  Money is never a reason we turn clients away.  We pride ourselves on our flexible payment plan options which can be customized to your unique circumstances.  In our experience, the worst thing a client can do is obtain legal advice from the internet, co-workers, family or friends.

Bankruptcy Myths #10: There is a minimum amount of debt required to file for bankruptcy. 

There is no minimum amount of debt required to file for bankruptcy.  Every situation is unique.

Call Firebaugh & Andrews today for your free consultation 734-722-299

Checklist: Documents To Show To Your Bankruptcy Attorney

Bankruptcy is not a simple matter with minor consequences. Rather, it may involve complex dealings with bankruptcy court and creditors. It could also have a major impact on your daily life. Filing for bankruptcy can affect your credit and property. Naturally, this is a stressful situation that you never envision yourself being in. The situation can be made easier by making the proper choices such as hiring a competent bankruptcy attorney and collecting and organizing your financial data.

When faced with credit problems and potential bankruptcy, hiring an attorney might be the answer to getting your financial life back on track. If you’re planning to contact an attorney, use the checklist below to gather the documents that the attorney will need to see to provide you with the best advice and representation. Oftentimes, people do not know where to start and what to do. This checklist will be a useful proactive tool so you can begin collecting and organizing the proper paperwork.

Financial Records

Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you. For example, your financial documents can show you have regular income, meaning your best fit may be Chapter 13 bankruptcy. This may have huge implications because Chapter 13 will allow you to keep possession of your property and pay your debts over time.

  • Most recent bank statements
  • Most recent bills from every creditor
  • Most recent payment coupons for vehicles (lease or purchase), real estate, and student loans
  • Bills or invoices for purchases in the last year
  • Receipts

Legal Records

Any legal history or pending litigation involving you is information you’ll want to disclose to your attorney. Previous judgments against you show debts that will factor in to determining which bankruptcy is right according to your financial situation. In addition, any pending litigation or current court order will determine how much you can afford to pay your creditors at this time.

  • Files from previous litigation, including especially any judgments that have been entered against you
  • Files from previous attorneys
  • Any divorce decree or other court order that requires you to pay child support or maintenance

Additional Documents

The following list below is a combination of assets you own and verification of your income. A proper, thorough organization of your assets is extremely important to show you have a set income level. This income determination can be essential in proving you can repay your debts over a period of time or in proving a lack of income.

  • Canceled Checks for any expense you cannot otherwise document
  • ALL your correspondence with or regarding creditors, especially threat letter
  • ALL insurance policies
  • Tax returns for the last three years
  • Vehicle titles
  • Your lease or mortgage
  • Any promissory notes you have signed
  • Other documents relating to debts you owe other people
  • Any proof that anyone owes you money
  • Any lawsuits with which you have been served

Firebaugh & Andrews will make sure all your questions are answered, call today for a free consultation 734-722-2999

 

What circumstances will allow you to include your school loan in your bankruptcy

Every year, millions of students are convinced to take on student loans with promises of huge salaries upon graduation, but often the reality is a bit different and these same students are left with an enormous debt and little or no means of repayment. Indeed, these debts can last for decades.

Millions cannot afford to repay their student loan, some may think that filing chapter 13 can be done with your school loan but it is not 9 out of 10 times. Now what circumstances may allow you to include your school debt into your bankruptcy?

The very rare exception is when one can show at the time of the bankruptcy that the debt created by the student loans is going to create an unreasonable burden to the debtor and that the debtor will never be able to make payments, often because of a disability or other circumstance beyond the debtor’s control. Absent that, the debts to federal student loan companies are exempted from bankruptcy and will not be discharged. If you believe you are in such a situation contact Firebaugh & Andrews are these circumstances are very rare and there is only one way to find out, call us now for your free consultation 734-722-2999.

Why hire a bankruptcy lawyer?

What can be more pathetic than being bankrupt? It has to be making the decision to file for bankruptcy. And what can make it more pathetic is to find a good bankruptcy lawyer for this purpose. In this 21st century of cut throat competition it might not take long for an individual to file a case a bankruptcy when the individual concerned is reduced into nothing. But hardly does a common man know the procedure or the requirements of filing for bankruptcy. This is the necessity of a bankruptcy lawyer comes into the picture.

But what is more important is the choosing of a bankruptcy lawyer who can file and win the title of bankrupt for his client. There are a few steps that are being highlighted below and what may help an individual in choosing a bankrupt lawyer to serve his or hers purpose. The toughest part of this whole is, choosing whether or not to file a case for bankruptcy. And if the choosing part leads to the answer yes, then that is from were the individual will feel the necessity of a bankruptcy lawyer.

Bankruptcy is actually a special area of the law, which makes it all the more important for an individual to hire a lawyer who has all the respective knowledge that is usually required in this field. Thus, the most essential and important step should be to contact the local bar association of the locality. This is usually done to take there advice before deciding upon which lawyer will the individual will entrust his case to prove him bankrupt. The individual can also choose his own lawyer and then ask the associations thoughts and concerns over this lawyer. The individual can also take recommendations from the association regarding the lawyer of his choice. As the bar keeps in touch with these lawyers, it has its views and thoughts against them, and depending upon the nature of the case the association also suggests a list of lawyers, who the association thinks are capable of handling this case.

The individuals concerned should however not restrict themselves to only what the bar says or what the individual thinks, the individual should try to gather information about the lawyer or any other lawyers by asking and inquiring to their friends, colleagues and their relatives. Or even better is if the individual can inquire to other lawyers and attorneys regarding the lawyer of his choice or any other lawyer that may suit his or hers case requirement. The individual can also search online on the web before coming to a decision and before deciding upon his choice among the lawyers. Start with Firebaugh and Andrews with over 40 years experience conveniently located in Westland, Call them today 734-722-2999