Michigan Bankruptcy Legal Questions

Although you and your spouse can file bankruptcy separately, that will not solve your perceived problem of your combined income being too high. If you live together, bankruptcy law REQUIRES that your combined income be disclosed and factored into the calculations to determine if you are eligible for the form of bankruptcy you desire. YOU HAVE NOT DISCOVERED AN ORIGINAL LOOPHOLE in the bankruptcy law.... Read More

Eligibility for Chapter 7 bankruptcy is determined by household income, not the income of the individuals. Household income does not include the income of unrelated individuals who do not pool their income and expenses (for example, two unrelated roommates - even if they are domestic partners - who only split up rent and utilities aren't considered a household) but a married couple are.... Read More

This sounds very similar to a question I already answered this morning. So far as I can tell, there is no provision in bankruptcy law for a 'clearance' prior to the entry of a discharge. You might very well have to try to borrow the reinstatement fee from a friend or relative. It's not impossible-especially since regaining your license gives you a change to resume employment.... Read More

The judge can't compromise the amount, but, depending upon your financial situation, you may be able to get the creditor to do so if you can convincingly threaten bankruptcy. You may also just want to file bankruptcy if your situation makes that a good option. Good Luck. See a good local bankruptcy lawyer for either path.... Read More

Bankruptcy would not appear to be an appropriate solution for you. If the landlord sues you to collect this debt, it does not appear that he will be able to collect it from you even with a court order. Just be sure you keep the financial aid money you receive in one account and any money you may receive in the future from child support in another account. The purpose of bankruptcy is to assist people who have an overwhelming amount of debt to obtain a fresh start. I do not believe bankruptcy is appropriate unless the amount of the debt which can be eliminated is over $20,000.... Read More

The first thing every lawyer learns is that clients don't always tell the truth. So, I don't believe that you've been paying child support in cash and it has left no evidence whatsoever. Also, child support is included in Chapter 13, so your ex should have been listed as a creditor in your bankruptcy. If your ex was listed as a creditor in your bankruptcy and failed to file a proof of claim for back child support, she can't claim it now in a state court action. The issue of whether she was owed back child support on the date you filed bankruptcy has already been decided by the bankruptcy court and she can't get a second hearing in different court. Besides, she is prevented from suing you in a state court by the automatic stay of bankruptcy. If (and I don't believe it for a second), you actually did pay her in cash, there will be evidence. First, she will have either deposited it in her bank or she will have paid expenses with it. If she paid expenses, it will be obvious from examining her bank account, payment cards and credit cards. For example, if she has been buying groceries with the funds, she won't have any payments to supermarkets.... Read More

Quick answer: have the truck towed to the credit union and drop it there. Sign the title as seller and leave it in the glove compartment. Leave a note on the truck letting the credit union know that you now consider the truck there problem since they essentially caused the problem. Then hire an attorney to stop the garnishments and consult about bankruptcy. Just the threat of bankruptcy may cause the credit union to reconsider their position.... Read More

First things first: you need to retain a skilled BR lawyer who knows the practices in your district. It's almost always worth the effort. Second, step-up plans are disfavored under the eleven-year old Bankruptcy Reform Act. Third, you do have a fighting chance. You will need evidence to respond to an objection at the hearing on it. Prof of your earnings from the beginning of the job through the week of the hearing. Testimony from the supervisor or owner of the business that what you are earning (or whatever is the truth) is typical, or reasonable to expect you to continue earning. and your BR papers will show what your expenses are, and of course the Means Test must show a final number which you can afford, and when added to your secured and priority claims, pays at least the minimum which in your case you must pay. A lawyer generally makes the whole process much simpler.... Read More

You can go to two different entities to complain, to the office of the US Trustee, which is the law enforcement agency for bankruptcy court, and to the State Bar Association, which regulates attorneys. While I am sure you believe your bankruptcy attorney did nothing, that is seldom the case. You may not be aware of what your bankruptcy attorney did, but you are entitled to a written accounting of what was done. Typically, when a bankruptcy file is set up, the attorney must perform an accounting of the client income records going back 6 months, and cross referencing that information against the living expenses the client reports. That accounting is often the most time consuming and costly part of preparing your bankruptcy.... Read More

There is a federal list and each state has a list. A state may require its residents to choose only the state's exemptions. If it has not enacted that limitation, then a state resident can use one list or the other (but not some from each). If the debtor chooses state exemptions, he may also make use of any applicable non-bankruptcy exemptions, even under federal law. The Wisconsin list is found at sec. 815.18 and 815.20 of the Wisconsin Statutes. You can get it online. The federal bankruptcy exemptions are found in 11 U.S.C. sec. 522(d).... Read More

This is a very difficult and complicated area, and you should get the advice of a good attorney knowledgeable in both divorce and bankruptcy. If you are divorced already, a bankruptcy can lead to the discharge FOR YOU of debts that may have been marital. IF you r ex-spouse also owed these debts, he or she will still owe them; your bankruptcy will not discharge them. In addition, the divorce Court may determine that you owed it to your ex-spouse to pay some or all of those debts, depending upon other factors and the wording of the Divorce Judgment, and, if so, while you won't owe these debts to the third party any more, you will be required to effectively hold your ex-spouse harmless, which may mean that you will have to pay them anyway. Good Luck.... Read More

Your question is not quite clear. So it is impossible to answer, In most federal districts you would be held to your original plan, and your way to get out of the car debt would be to convert to a chapter 7. But for now you cannot earn a discharge on Ch, 7. You may well be stuck with this unwelcome debt. Consult a skilled BR lawyer in your local; it's almost Alexus worth the investment.... Read More

A bankruptcy case is not like most others. Whether it is closed or not is really a question of whether the Trustee has finished with his or her part of the case. That may be long after the Debtor's part of the case is over. This is mostly when the Trustee has assets from the case or is looking to possibly find some. If you have your Discharge, and your exemptions have not be objected to, your part in the case is over unless the Trustee is still looking at challenging the value of some of your listed assets. You should look at the Trustee's reports to see what he or she is still interested in. If, for instance, it is your home, you can ask the Court to force the Trustee to abandon it. That will bring the issue out front, so the Trustee can't just sit on it and hope your home appreciates.... Read More