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Michigan Bankruptcy Legal Questions

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160 legal questions have been posted about bankruptcy by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Michigan Bankruptcy Questions & Legal Answers - Page 2
Do you have any Michigan Bankruptcy questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 160 previously answered Michigan Bankruptcy questions.
Bankruptcy
Michigan

Recent Legal Answers

Can a bankruptcy eliminate a bench warrant from 2015?

Answered 8 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Bankruptcy does not eliminate a debt for criminal fines or actions. See 11 USC sec 523 for details. If bankruptcy did eliminate criminal warrants, I guarantee you a lot more criminal defense lawyers would also be practicing bankruptcy law.
Bankruptcy does not eliminate a debt for criminal fines or actions. See 11 USC sec 523 for details. If bankruptcy did eliminate criminal warrants,... Read More

If I am currently in a chapter 13 bankruptcy and I start receiving SS benefits, can they take it?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No, social security benefits are exempt from bankruptcy, creditors and other attachments nationwide. Only the IRS and student loans can attach SSI benefits.
No, social security benefits are exempt from bankruptcy, creditors and other attachments nationwide. Only the IRS and student loans can attach SSI... Read More

How do I get rid of a Chapter 13 dismissed case?

Answered 8 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No, expungement is a document provided in criminal cases to seal a file. No such think for bankruptcy. Guess Equifax wanted to send you on a wild goose chase.
No, expungement is a document provided in criminal cases to seal a file. No such think for bankruptcy. Guess Equifax wanted to send you on a wild... Read More

How do I get rid of a Chapter 13 dismissed case?

Answered 8 years and 8 months ago by attorney Mr. Rex K. Daines   |   4 Answers   |  Legal Topics: Bankruptcy
No, it is not possible. You can't expunge something you did. Ask Equifax why this is remaining on your credit for more than the normal 7 years. Chapter 13s typically only stay on credit for 7 years. Maybe they show it as a chapter 7 which stays on your credit for 10 years.
No, it is not possible. You can't expunge something you did. Ask Equifax why this is remaining on your credit for more than the normal 7 years. ... Read More

How do I remove my name from a mortgage with joint tenants?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You signed on the mortgage, so you're liable for the debt and responsible for the payments being made on time. The credit reporting agencies won't change anything because what they're reporting is true. Filing bankruptcy will eliminate your liability on the loan but probably won't help your credit rating. No one should ever cosign a loan unless they are willing to accept the entire debt.... Read More
You signed on the mortgage, so you're liable for the debt and responsible for the payments being made on time. The credit reporting agencies won't... Read More

What about medical bankruptcy

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Ther is no such thing as a "medical bankruptcy," there is only bankruptcy, which involves your entire situation. Talk to a good local bankruptcy lawyer about your situation to see how it would work for you. Good luck.
Ther is no such thing as a "medical bankruptcy," there is only bankruptcy, which involves your entire situation. Talk to a good local bankruptcy... Read More

we need to file bankruptcy, but we would like to keep the our home. can we do this ?

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Most people who file for bankruptcy keep their homes. It depends on your entire situation, so go see or talk to a good local bankruptcy lawyer. Good Luck.
Most people who file for bankruptcy keep their homes. It depends on your entire situation, so go see or talk to a good local bankruptcy lawyer. Good... Read More

Can you file bankruptcy chapter 7 on legal fees from a custody case?

Answered 8 years and 9 months ago by David Michael Benson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Generally speaking, you can discharge legal fees charged by your own lawyer.
Generally speaking, you can discharge legal fees charged by your own lawyer.

What can be done if wife incurred debt in Chapter 13 which I filed solely?

Answered 8 years and 9 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
When you pay 100%, the bankruptcy trustee will overlook a lot of issues that in other circumstances, might be a problem. Obviously, you never know a woman until you either marry her or divorce her, and you have no legal control over what your wife does. I am sorry to hear that you do not trust your lawyer in this regard, but have to warn you that it sounds like your marriage is in trouble.... Read More
When you pay 100%, the bankruptcy trustee will overlook a lot of issues that in other circumstances, might be a problem. Obviously, you never know a... Read More

Can an attorney keep a deposit if no work was ever done?

Answered 8 years and 9 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Have you put any of your requests in writing or asked for an accounting of any work performed? In many instances, you do not understand that having paid an attorney means that the attorney must set up a file for you and field calls from your creditors, all of which is WORK.
Have you put any of your requests in writing or asked for an accounting of any work performed? In many instances, you do not understand that having... Read More

If I incur an uncovered medical expense on the SAME DAY that my bankruptcy petition is filed, Is that debt discharged?

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If this was an expense you obtained voluntarily, it seems you SHOULD not get it discharged since you knew when it was incurred that did not intend to pay for it. If involuntary, it may be different. Good Luck.
If this was an expense you obtained voluntarily, it seems you SHOULD not get it discharged since you knew when it was incurred that did not intend to... Read More

If my husband files bankruptcy but I don’t, can they mess with our house?

Answered 8 years and 10 months ago by Charles J Schneider (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

If my husband files bankruptcy but I don’t, can they mess with our house?

Answered 8 years and 10 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
If you have $50K in equity, you have nothing to worry about. You may want to double check your numbers. If I were you, I would pay an experienced BK Lawyer for one hour of their time to properly guide you. You could be creating a number of issues for yourselves otherwise.
If you have $50K in equity, you have nothing to worry about. You may want to double check your numbers. If I were you, I would pay an experienced BK... Read More

How can I discharge that debt that I acquired on my mother's credit card for legal fees that I won't be able to pay back?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Since the debt is on your mother's credit card, it's her debt not yours. You can't have another person's debts discharged in your bankruptcy.
Since the debt is on your mother's credit card, it's her debt not yours. You can't have another person's debts discharged in your bankruptcy.

we own our home out right, if we file Bankruptcy would we loose our home ?

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If your home is without a mortgage, you can only protect about $44000 of equity (about $56,000 if one of you is oer 65) against joint debts. If your debts are not joint, you are in much better shape. See a good local bankruptcy lawyer. Good Luck.
If your home is without a mortgage, you can only protect about $44000 of equity (about $56,000 if one of you is oer 65) against joint debts. If your... Read More

Am I liable for the loan if my mother recently passed?

Answered 8 years and 10 months ago by Michael C. Hyde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If your name is one the loan account then you continue to be responsible for the debt. It is a joint debt and even though she is no longer available to be the responsible party you continue to be.
If your name is one the loan account then you continue to be responsible for the debt. It is a joint debt and even though she is no longer available... Read More

Trying to determin my options with a business loan default

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You have not given enough information for any sort of educated answer. Find a good local bankruptcy attorney and explain your ENTIRE situation to him or her for the best advice. Good Luck.
You have not given enough information for any sort of educated answer. Find a good local bankruptcy attorney and explain your ENTIRE situation to him... Read More

If I bought a car through what I thought was my only option, can I to surrender it without being sued for the balance?

Answered 8 years and 11 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You need to pay an attorney for an hour of their time. Trying to answer a legal question without looking at the paperwork is risky, at best.
You need to pay an attorney for an hour of their time. Trying to answer a legal question without looking at the paperwork is risky, at best.

Is it legal to sell your property to a friend or family member then file bankruptcy then have it returned to you in time?

Answered 8 years and 11 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Transactions to insiders are closely scrutinized; you must sell for fair market value, or at least liquidation value (a bit less than fmv). A trustee can easily set aside any transaction completed within 2 years of filing.
Transactions to insiders are closely scrutinized; you must sell for fair market value, or at least liquidation value (a bit less than fmv). A trustee... Read More

I would like to know what will it cost to pay an attorney to file roughly $25,000 ($11,044 is secured rest is unsecured) on Chapter 7 bankruptcy?

Answered 9 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Ask the lawyer. Depending on the potential legal issues which the lawyer perceives and the local market rate, the advance payment would likely run from about $1,000 to $3000 or so.
Ask the lawyer. Depending on the potential legal issues which the lawyer perceives and the local market rate, the advance payment would likely run... Read More

If I owe $68,000 to social security, can I still file chapter 13 and include it in?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
I believe so. I have about 60 standard questions I need to ask before I can say one way or the other.
I believe so. I have about 60 standard questions I need to ask before I can say one way or the other.

If I owe $68,000 to social security, can I still file chapter 13 and include it in?

Answered 9 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Not only can you include that debt, you must include that debt! Whether or not the debt to Social Security can be discharged depends on its nature: if it is Repayment of money received as a result of fraud, it is not dischargeable if the government acts to prevent its discharge.
Not only can you include that debt, you must include that debt! Whether or not the debt to Social Security can be discharged depends on its nature:... Read More

Bankruptcy Judgement Violator

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Go back to that lawyer who gave you good advice and sue the school. You are not likely to get a lot in damages, but you certainly should get something and you should get your trasncript and end this action by the school. Good Luck.
Go back to that lawyer who gave you good advice and sue the school. You are not likely to get a lot in damages, but you certainly should get... Read More

Good morning. What are your fees for an individual Bankruptcy Chapter 7 filing. I have filed Twicw before in a previous marriage.

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
My usual fee is $2000, and, in addition, there are $450 in out of pocket fees. This can be paid over time, as there is usually no great hurry in getting a case initially filed. This does, however, depend upon your particular facts. If you have not filed since 1997, there should be no problem.... Read More
My usual fee is $2000, and, in addition, there are $450 in out of pocket fees. This can be paid over time, as there is usually no great hurry in... Read More

How much it cost to file chapter 7 for small business in Michigan.

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You need to talk to a good lawyer. I would say that about 90% of the folks who contact me to file Chapter 7s for businesses don't really need to filed; they usually just need to close the doors in an orderly fashion. Often, that leads to a personal Chapter 7, but the business rarely needs one. Not never, but rarely. Good Luck. Cost depends entirely on the situation.... Read More
You need to talk to a good lawyer. I would say that about 90% of the folks who contact me to file Chapter 7s for businesses don't really need to... Read More
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Michigan

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