Michigan Bankruptcy Legal Questions

IN bankruptcy, ALL Contracts may be affirmed in the bankruptcy. Contracts that  have a negative impact to the estate can be broken and contracts which the State wishes to maintain and be reaffirmed.  I never recommend that people do their own bankruptcy and I highly recommend that you have legal counsel do it for you.  Properly planned and done, the bankruptcy can be financially liberating, however it without a solid claim behind it, I have seen bankruptcy become a treadmill where the bankrupt keeps needing to refile every 2 or 3 years because the first bankruptcy didn't work and once they are on the slippery slope, they can never get themselves right.   I also always recommend wherever possible that one does a chapter 7 bankruptcy and avoid chapter 13 as much as possible.  Again a bankruptcy attorney is the best person to talk to about this.... Read More

None of your concerns about the accuracy of your co-buyer forms in their bankruptcy matter to you. Those inaccuracies, if any, cannot affect your right to keep the car if you continue to make your payments. The only thing that could happen that would affect your right would be to fail to make your payments or if there were non-exempt equity that a chapter 7 Trustee would seek to liquidate. The latter is unlikely if you owe more on the vehicle than it's worth. ... Read More

Many times in a small law office employees have multiple roles. This may include imparting to clients minor standard legal advice with the approval of the attorney which is nevertheless valuable to the client.. This person may serve as both receptionist and as a paralegal. In this situation it is appropriate to be billed for this advice if the so called receptionist is acting additionally as a paralegal in giving legal advice. This is a benefit to you as the attorney could have taken the phone call and billed you at a higher hourly rate. Attorneys are encouraged by the bankruptcy courts to employ paralegals for this purpose in order to reduce the cost both to the Debtor and the bankruptcy estate.... Read More

You are not responsible for anothers persons debt, even if married unless you are a co-debtor on the debt. There are circumstances where the debt could become an issue, like if you bought a house in both of your names and the unpaid creditors put liens against your property. By him filing bankruptcy now this should not be an issue.... Read More

Yes, there may be an issue with your disposable income as it relates to the means test. If you get married, the trustee may (and it could be argued that) have you update schedule I to take into account your new spouse's income. The best thing to do is to wait until the Discharge order is issued by the court then get married. Good luck!... Read More

There are plenty of good lawyers out there who will communicate with you. Call back and say that, if she doesn't call you back to discuss the case TODAY, she no longer has any right to represent you, you want your money back, and you should call someone else the next day unless you are satisfied. Sorry for your treatment. Good luck.... Read More

What a bankruptcy trustee can take from your tax refund depends more on exemptions available to you than by any set percentage. If you filed bankruptcy on the first day of the year, the trustee may take 100% of last years tax refund and 1% of the refund check for the following year. If you file bankruptcy on day 183 of the year, the trustee can take half of your refund check, assuming you have no other exemptions available.... Read More