Blog

Check Here Often for More Michigan Bankruptcy Information and News


Welcome to Our New Website!

We've added great new features and updated our content to bring you the most up to date information about our company.  Check back often for updates.

Michigan Association Fees: Do I Have to Pay?

Michigan Association Fees: Generally Part of the (Ownership) Deal Michigan Association Fees: The Documentation Tells the Tale Michigan association fees and dues and, sometimes, penalties are a way of life for those who purchase property that...

Michigan Real Estate Closings: Should I Hire a Lawyer?

Michigan Real Estate Closings: When Do I Need an Attorney? Michigan Real Estate Closings Sometimes Require Assistance Not every Michigan real estate closing, sale or purchase, requires the use of an attorney. Some transactions, however, would...

Can I Discharge my Lularoe Debt in Bankruptcy?

Lularoe in Bankruptcy: Multi-Level Marketing Schemes in Chapter 7 & Chapter 13   Lularoe Debt in Bankruptcy: When the Business You Enter Isn't Designed to Make YOU Money According to Buzzfeed and other sources, Lularoe "consultants"...

New Means Test Numbers for November, 2017

New Michigan Bankruptcy Means Test Numbers for November 1, 2017 The US Trustee's Office (the division of the Department of Justice that administers the bankruptcy process in the United States) has released its updated median income numbers for...

Can I Get Attorney Fees in Bankruptcy Disputes?

Pay Your Attorney Fees and Costs, Unless— Creditors Are Unlikely to Make You Pay their Attorney Fees in Bankruptcy Court Many an attorney primarily accustomed to practicing in Michigan state courts has stepped into US Bankruptcy Court on...

New Means Test Numbers for April 1, 2017

New Michigan Bankruptcy Means Test Numbers for April 1, 2017   The US Trustee's Office (the division of the Department of Justice that administers the bankruptcy process in the United States) has released its updated median income numbers...

Is My Credit Card Debt a Secured Debt in Bankruptcy?

Credit Cards as Secured Debts: Often Claimed, Rarely Proved ... The Issue The issue of whether a credit card debt can be claimed to be a "secured" debt in bankruptcy is a common discussion for attorneys who handle Chapter 13 bankruptcies in...

Constructive Eviction in Michigan: What Is It?

Constructive Eviction: Being Kicked Out of the Side Door The Lawful Eviction Procedure in Michigan In Michigan, a lawful eviction is a very specific procedure. Presuming a valid basis for the eviction, such as breach of a specific lease clause...

New Means Test Numbers for November 1, 2016

New Michigan Bankruptcy Means Test Numbers for November 1, 2016   The US Trustee's Office (the division of the Department of Justice that administers the bankruptcy process in the United States) has released its updated median income...

Medical Debt Dischargeable in Bankruptcy

Nothing Sacred About Medical Debt or Hospital Debt ... Medical Debt: An Ongoing Issue Discharging medical debt is one of the primary reasons that a good percentage of Americans file Chapter 7 or Chapter 13 bankruptcy. Our healthcare industry...

What Is My Car Worth In Bankruptcy?

What Is My Car Worth in Bankruptcy? NADA vs. Kelley BlueBook Values Car Value in Bankruptcy: When Does It Matter? In a large number of Chapter 7 bankruptcy cases, the value of a vehicle only matters if you own the vehicle free and clear of...

A People's History of Bankruptcy in the United States

Bankruptcy in the United States: A Timeline of Eroding Rights Bankruptcy in the United States is an internationally unique legal remedy for those suffering from burdensome debt. Very few other countries allow individuals in debt to discharge...

New Means Test Numbers for April 1, 2016

New Michigan Bankruptcy Means Test Numbers for April 1, 2016     The US Trustee's Office (the division of the Department of Justice that administers the bankruptcy process in the United States) has released its updated median...

New Means Test Numbers for November 1, 2015

Michigan Chapter 7 Bankruptcy Means Test Eligibility Expansion!   The US Trustee's Office (the division of the Department of Justice that administers the bankruptcy process in the United States) has released its updated median income...

New Means Test Numbers for April 1, 2015

Chapter 7 Eligibility Easier As Of April 1, 2015 [caption id="attachment_3003" align="aligncenter" width="300"] Image by Beyer courtesy of Wikimedia Commons and the German Federal Archives[/caption] The US Trustee's Office (the division of the...

Bankruptcy Means Test Numbers for November 1, 2014

Now Slightly Easier to Qualify for Chapter 7 Bankruptcy The Office of the U.S. Trustee, the division of the U.S. Department of Justice that oversees the bankruptcy process in the U.S., has announced the new median income figures for each state...

Can I Discharge an SBA Loan in Bankruptcy?

Discharge an SBA Loan in Bankruptcy Like Any Other Unsecured Debt [caption id="attachment_2956" align="aligncenter" width="300"] Image by Lothar1976, courtesy of Wikimedia Commons[/caption] SBA Loans: Not Excepted from Discharge by The Bankruptcy...

What Is a Bankruptcy Rule 2004 Examination?

Bankruptcy Rule 2004 Examination: When the 341 Meeting of Creditors Wasn't Enough Any Party In Interest May Request A bankruptcy Rule 2004 examination (otherwise known as a "2004 exam") is an additional question-and-answer session permitted...

Bankruptcy Filing Fees Increased

After June 1, 2014, Chapter 7 and Chapter 13 Filing Will Cost That Much More $29.00 Increase for Chapter 7 and Chapter 13 Bankruptcy Filing Fees As of June 1, 2014, filing fees for bankruptcy cases and certain types of motions and "adversary...

Michigan Bankruptcy Exemptions Updated

Michigan Bankruptcy Exemption Amounts Increased—And About Darn Time! For the first time since 2011, the Michigan State Legislature has taken time to think about Michigan citizens in economic need and has updated some of the state statutory...

What Is a Proof of Claim in Bankruptcy?

Proof of Claim: How Creditors Get Paid in Chapter 7 and Chapter 13 Bankruptcy [caption id="attachment_2565" align="aligncenter" width="300"] Image by LawCN88 courtesy of Wikimedia Commons[/caption] The Proof that a Creditor Holds a...

Foreclosure & Short Sale Mortgage Tax Break Expires

Bankruptcy Now the Only Sure Way to Avoid Taxable Penalties for Walking Away from Real Estate Short Sales Now a Worse Deal than Ever As reported by the Los Angeles Times here, the tax break extended to homeowners who have experienced a...

Paying Balloon Payments through Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Can Modify a Required Balloon Payment Force a Lender Accelerating your Balloon Payment to Accept Installments Over Time A balloon payment is a large lump sum payment required upon the termination of monthly installment...

Can I File Bankruptcy through a Power of Attorney?

Chapter 7 or 13 Bankruptcy for Those Who Can't File for Themselves A  Chapter 7 or Chapter 13 bankruptcy must be filed by an individual debtor (leaving aside business Chapter 7 bankruptcies). What can be done when an individual debtor is...

How Do I Keep my Address Confidential in Bankruptcy?

Even in Chapter 7 or 13 Bankruptcy, You Are Entitled to Personal Safety Be Sure to Discuss Privacy & Safety Concerns with Your Bankruptcy Lawyer Before Filing! Among other things that are publically disclosed with the filing of a Chapter...

Who Do I Have to Notice of my Bankruptcy Filing?

Notice Creditors & Other "Parties of Interest" No Need to Notify Your Boss or Neighbors Section 521(1)(A) of the US Bankruptcy Code requires that you file with your Chapter 7 or Chapter 13 petition for bankruptcy a "list of creditors,"...

Holiday Spending and Bankruptcy: Some Call it Fraud

You May Be Visited by 3 Ghosts: Non-Dischargeability, Denial of Discharge, and Criminal Penalties ... [caption id="attachment_2465" align="aligncenter" width="300"] Image by Kelvin Kay, courtesy of Wikimedia Commons[/caption] Pre-Bankruptcy...

What Is Income for Bankruptcy Means Test Purposes?

All Earnings Other than Social Security Income or Disability Benefit—in Michigan Most Recent 6 Months: The Means Test "Look-Back" Period The "means test" is the mathematical formula used in bankruptcy to determine your eligibility for...

Can I Discharge Payday Loans in Bankruptcy?

Payday Lending: Usury at its Worst [caption id="attachment_2346" align="aligncenter" width="300"] Image by Swanksalot, courtesy of Wikimedia Commons[/caption] Payday lending represents the worst of the worst when it comes to consumer lending. The...

Changes to Michigan's Foreclosure Redemption Period

Kiss Your Privacy Goodbye   Michigan's Foreclosure Redemption Period: New Duty to Allow Inspections It used to be the case under Michigan law that you were entitled to a 6-month "redemption period" following a foreclosure sheriff's sale,...

Should I Try Credit Repair Before Bankruptcy?

No One Can "Clean" Legitimately Bad Credit for You! Glancing at many office building windows or hand-written signs at highway exit ramps will reveal a multitude of companies or people claiming to be able to "fix" your bad credit for you. Can...

Divorcing While In a Joint Chapter 13 Bankruptcy

Going Your Separate Ways—In Chapter 13 Bankruptcy [caption id="attachment_2295" align="aligncenter" width="300"] Image by Jennifer Pahlka, courtesy of Wikimedia Commons[/caption] A Chapter 13 bankruptcy is a 3-5 year "payment plan" in which you...

How Do I Redeem a Car in Chapter 7 Bankruptcy?

Vehicle Redemption in Chapter 7 Bankruptcy: Pay Only What the Car Is Worth Retaining Property Securing Debts in Chapter 7 When you file a Chapter 7 bankruptcy, you  must include in your bankruptcy petition a document called a "Statement of...

Why You Shouldn't Hire a Cheap Bankruptcy Attorney

Does Cheaper Mean Better?  It's a fact that here, in the Detroit area of Michigan, a person seeking legal representation for a potential bankruptcy filing has many options available to them. Classifieds websites daily feature advertisements by...

Are My Co-Signers Affected by My Bankruptcy?

Your Credit Report & Their Liability Your bankruptcy is your own bankruptcy and not anyone else's. Thus, your bankruptcy will not affect the credit of any co-signers you may have (see our Bankruptcy Myths page for more about co-signers and...

Pets in Bankruptcy: Both Assets and Expenses

Even the Family Dog Must Be Disclosed All of a person's assets and all of a person's expenses are listed and accounted for in a Chapter 7 or Chapter 13 bankruptcy petition. A pet is both an asset and, as every pet-owner knows, an expense. The...

Why Reaffirming Mortgages Is A Very Bad Idea

Guest Post by Michael Goldstein, attorney in Massachusetts. You are in a Chapter 7 bankruptcy to eliminate your overwhelming debt.  As part of your debt, you owe money to a mortgage company for your home.  What many people do not realize is...

Can I File Chapter 13 If Not Eligible for Discharge?

File Chapter 13 If Not Eligible for Discharge In Order To Force Creditors Into An Affordable Repayment Plan One of the interesting options that a Chapter 13 bankruptcy offers is the possibility of filing a Chapter 13 even if you are not eligible...

Can I Get Married While In Chapter 13 Bankruptcy?

Marriage During Chapter 13 Bankruptcy: New Expenses and Income Increasing Household Income by Adding Another Person In a Chapter 13 bankruptcy, you must commit all of your available household income to your Chapter 13 payment plan. What...

City of Detroit Files for Bankruptcy

The City of Detroit has Filed for Chapter 9 Bankruptcy. It may not be a major surprise, given that Michigan Governor Snyder appointed a corporate bankruptcy attorney Kevyn Orr as Detroit's Emergency Manager, but the full impact nonetheless...

Can I Discharge Attorney Fees in Bankruptcy?

You Can Discharge Attorney Fees in Bankruptcy Debt to an attorney for attorney fees owed is not any different than any other sort of "unsecured" debt, such as a credit card or medical bill. Unsecured debts, by and large and with a few...

Can I Pay Back Rent in Chapter 13 Bankruptcy?

Catch Up Back Rent in Chapter 13 Bankruptcy If you rent your Michigan home and are behind on your rent payments, back-rent owed to your landlord is an unsecured debt that is dischargeable in either a Chapter 7 bankruptcy or a Chapter 13...

Can I Dismiss a Chapter 13 Bankruptcy Case?

Absolute Right to Dismiss a Chapter 13 Bankruptcy Case Chapter 13 Bankruptcy Is Not a Prison While a Chapter 13 bankruptcy is a 3-5-year payment plan process in which you repay some of what you owe to your creditors, it is not a process that...

What Are the Tax Consequences of a Short Sale?

Don't Find Out After the Short Sale Is Concluded!   The tax consequences of a short sale are usually not the first thing that a realtor wishing to earn a commission off of a property transaction wants to talk to you about. It may be something...

Business Debt and the Chapter 7 Means Test

Business Debt in Chapter 7 Bankruptcy: Consumer vs. Non-Consumer Chapter 7 Non-Consumer Chapter 7 Bankruptcy Cases: No Means Test Required! There are some significant advantages in Chapter 7 Bankruptcy to having "mostly" business or...

Property Taxes in Chapter 13 Bankruptcy in Michigan

Property Taxes in Chapter 13 Bankruptcy: Paid or Not, and at What Priority if So? Are Property Taxes "Priority Unsecured Debts" in Chapter 13 Bankruptcy? Property taxes in Chapter 13 bankruptcy in Michigan are classified according to certain...

Are Assets in a Trust Protected in Bankruptcy?

What Sort of Trust & Whose Bankruptcy? Placing assets into a trust is not always an effective means of protecting those assets from creditors, or, thereby, from the asset liquidation power of Chapter 7 Bankruptcy Trustees. Trust Assets and...

Michigan Mortgage Fraud Perpetrator Sentenced

DocX Executive Sentenced to 40 Months - 20 Years for Michigan Mortgage Fraud Some judges in Michigan state and Federal courts may be slow to care greatly about mortgage and foreclosure fraud—but courts elsewhere in the state are joining the...

What Is the Redemption Period in Michigan?

How Many Acres Are Involved, and What Are They Used For?   The Redemption Period in Michigan: The Laws Have Changed As of December, 2011, the amount of acreage owned is no longer a factor in determining the length of the post-foreclosure...

Is There Really a Stigma to Filing Bankruptcy?

There Is No Scarlet Letter Stigma to Filing Bankruptcy One of the concerns most frequently expressed in consultations with potential Chapter 7 and Chapter 13 bankruptcy filers is whether their reputations will be ruined by the filing of a...

Can I File Bankruptcy if I Reside Overseas?

You Can File Chapter 7 or Chapter 13 Bankruptcy in Any "Proper Venue" Even if You Live Overseas A bankruptcy can be filed in any of the Federal judicial districts in the United States which is deemed to be the proper "venue" for the case under...

Can I Keep My Tax Refund in Chapter 13 Bankruptcy?

Whether or not you are allowed to keep your tax refund in Chapter 13 bankruptcy or whether you must turn it over to the Chapter 13 Trustee depends greatly upon 2 things: (1) where you are located; and (2) how much you are repaying your...

Home Mortgage Loan Modification and Bankruptcy

Guest Post by Atlanta Bankruptcy Attorney Peter Bricks. The real estate bubble is one the primary culprits behind the rise in individual bankruptcy filings. Currently an astonishing 22.5% of home borrowers have home mortgage balances with...

Did I Reaffirm a Mortgage in Bankruptcy?

Did I Reaffirm a Mortgage in my Bankruptcy? If You're Not Sure, Probably Not.   [caption id="attachment_1711" align="alignnone" width="300"] Image courtesy of FlickreviewR via Wikimedia Commons.[/caption]   "Did You Reaffirm a...

What Is the Value of a Small Business in Bankruptcy?

What Is the Value of a Small Business in Chapter 7 or Chapter 13 Bankruptcy?   The Value of a Small Business in Bankruptcy: Assets v. Liabilities A business owned by an individual filing for bankruptcy is property that must be valued, listed,...

Marital Debt and Bankruptcy: Can It Be Discharged?

Marital Debt and Bankruptcy: Court-Ordered Divorce Judgments and the "Hold Harmless" Clause   Marital Debt and Bankruptcy: May Not Be Dischargeable in Chapter 7 Bankruptcy Marital debt and bankruptcy may be an uncomfortable fit. Support...

When Is a Chapter 7 Bankruptcy Case Closed?

When is a Chapter 7 bankruptcy case closed? When the Trustee or the Court says it is! When is a Chapter 7 Bankruptcy Case Closed? After Discharge, after contested matters are resolved—and after assets are liquidated. Your discharge shows up...

Should I Buy a Car Before Filing Bankruptcy?

Really? You Can Buy a Car Before Filing Bankruptcy? Can I Buy a Car before Filing Bankruptcy: Maybe. In considering whether or not to buy a car before filing for bankruptcy, either Chapter 7 or  Chapter 13, there are multiple issues...

Can I Spend Cash Before Filing Bankruptcy?

There are ways to spend cash before filing bankruptcy that are a good idea and ways that are a very bad idea. Can I spend cash before filing bankruptcy? If you are preparing to file for bankruptcy and a Chapter 7 bankruptcy in particular and...

Will I Lose My Second Home in Chapter 13 Bankruptcy?

Will I Lose My Second Home in Chapter 13 Bankruptcy? It Depends. A Rental Property or Second Home in Chapter 13 Bankruptcy: A Drag on the Bankruptcy Estate? A rental property or second hom in Chapter 13 bankruptcy can be a difficult thing to...

Should I Transfer Property Before Bankruptcy Filing?

Do Not Transfer Property Before Bankruptcy. Period. There Are Multiple Reasons NOT to Transfer Property Before Bankruptcy. Unreasoning fear is the main reason that some people consider whether to transfer property before bankruptcy filing....

Am I Responsible for My Spouse's Debt?

Am I Responsible for My Spouse's Debt? No, Unless You Actually Co-Signed For It! Am I Responsible for My Spouse's Debt? "Debt" Is a Contractual Obligation Between Parties To The Contract Am I responsible for my spouse's debt? No, unless you...

Can I Keep A Retirement Account in Bankruptcy?

Can I Keep A Retirement Account in Bankruptcy? Generally, YES.   You can generally keep a retirement account in Chapter 7 bankruptcy safe from liquidation by the Chapter 7 Trustee, so long as the retirement account or retirement plan meets...

Can I Keep My Jewelry If I File for Bankruptcy?

Can I Keep My Jewelry If I File For Bankruptcy? Probably—But What's It Worth? Can I Keep My Jewelry If I File For Bankruptcy? Chapter 7 vs. Chapter 13 Bankruptcy The question, "Can I keep my  jewelry if I file for bankruptcy?" in this...

Can You File Bankruptcy Without Your Spouse?

Can You File Bankruptcy Without Your Spouse? Yes!   You may file bankruptcy without your spouse regardless of whether your are pursuing a Chapter 7 or a Chapter 13 bankruptcy. That a married couple must file bankruptcy jointly is one of the...

My Bankruptcy Hearing: What Should I Wear?

The Chapter 7 or Chapter 13 Bankruptcy Hearing in Michigan: Dress Neatly But Simply When you file Chapter 7 or Chapter 13 bankruptcy in Michigan, you have decisions to make. Do you file a Chapter 7 bankruptcy or file a Chapter 13? Will you keep...

Can You Be Fired For Filing Bankruptcy?

No Need to Worry That You Will Be Fired for Filing Bankruptcy! Can I Be Fired for Filing Bankruptcy in Michigan? No! Employers may not discriminate against employees who have filed for bankruptcy under Section 525 of the Federal Bankruptcy...

Can I Keep My House in Chapter 7 Bankruptcy?

Can I Keep My House in Chapter 7 Bankruptcy? Yes—If You Can.   Keep My House in Chapter 7 Bankruptcy: Creditors vs. the Chapter Trustee Generally, you should not worry that you will lose your home if you file for Chapter 7 Bankruptcy....

The Chapter 7 Bankruptcy Process in Michigan

The Chapter 7 Bankruptcy Process in Michigan: General Timeline & Basic Steps The Chapter 7 bankruptcy process typically requires about 4 months from the filing of the petition to the receipt of the discharge. However, this Chapter 7...

Can Bankruptcy Stop Eviction?

Will Bankruptcy Stop Eviction? For a Minute, at Best—   Will a Chapter 7 or Chapter 13  bankruptcy stop eviction? Maybe, but not for long! A Michigan Chapter 7 or Chapter 13 bankruptcy will stop an eviction proceeding along with all other...

Michigan Unemployment Benefits and Bankruptcy

Michigan Unemployment Benefits and Bankruptcy: Asset and Income In Chapter 7 or Chapter 13 bankruptcy, Michigan unemployment benefits are both income that must be considered in calcuating the "means test" that is the barometer both for Chapter 7...

Tax Refunds and Bankruptcy: Can You Keep Your Money?

Tax Refunds and Bankruptcy: Asset vs. Income in Chapter 7 or Chapter 13 Bankruptcy in Michigan The issues involved in Federal or Michigan tax refunds and bankruptcy are several. One one hand, an expected tax refund is an asset that must be...

Auto Reaffirmation Agreements and Michigan Bankruptcy

Reaffirmation Agreements in Chapter 7 Bankruptcy: To Sign or Not to Sign?   A reaffirmation agreement is a written agreement that some individuals filing for Chapter 7 bankruptcy make with a creditor in order to retain liability for the debt...

Gambling Debt and Bankruptcy: Don't Roll the Dice!

Gambling Debt and Bankruptcy: Pitfalls & Traps for the Unwary Gambling debt and bankruptcy can be a troublesome combination. A bankruptcy petition, either Chapter 7 or Chapter 13 bankruptcy, requires that a large amount of very specific...

Gifts in Bankruptcy - What's the Harm?

Gifts in Bankruptcy, either Chapter 7 or Chapter 13, can be problems that keep on giving. Gifts in bankruptcy can be viewed by the Eastern District of Michigan Bankruptcy Court and Bankruptcy Trustees as simply that. Or they can be viewed as a...

Why Are Chapter 7 Bankruptcy Fees So High?

Michigan Chapter 7 Bankruptcy Fees are either too high or a great bargain, depending upon your point of view. The Chapter 7 Bankruptcy Fee: It Depends On Your Case The typical Chapter 7 bankruptcy fee is a flat-fee, at current Detroit-area current...
"See what past clients are saying about how we helped them!"

I cannot say enough about how well we were treated by John. He was very knowledgeable about the entire process and kept us informed throughout; there were no surprises... I would recommend John to anyone, knowing he would do as good a job for them as he did for us. David
See More Case Studies