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 4
Do you have any Michigan Bankruptcy questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 160 previously answered Michigan Bankruptcy questions.

Recent Legal Answers

What can I do so that the collection agency can display that the car was in fact surrendered?

Answered 9 years and 11 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Update the Statement of Intention, before your case is closed out.
Update the Statement of Intention, before your case is closed out.

What can I do so that the collection agency can display that the car was in fact surrendered?

Answered 9 years and 11 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It is not clear what your issue really is. Is the collection agency still contacting you to collect? Or are you worried about the information on your credit report? In either case, you should amend your statement of intention on your bankruptcy if your case is still open.
It is not clear what your issue really is. Is the collection agency still contacting you to collect? Or are you worried about the information on... Read More

Can she get this error in her reaffirmation corrected?

Answered 10 years ago by Charles J Schneider (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
No, it cannot be undone.
No, it cannot be undone.

Can she get this error in her reaffirmation corrected?

Answered 10 years ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Not to my knowledge. This response is based on the very limited information provided here.
Not to my knowledge. This response is based on the very limited information provided here.

Can they garnish my check for a balance for my attorney if my payment isn't as big as they want?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
She will need a judgment on the debt before she can garnish your wages, then you can petition for installment payments for less than 25% of your after tax and it will be up to the court.
She will need a judgment on the debt before she can garnish your wages, then you can petition for installment payments for less than 25% of your... Read More

What do I do if one of the accounts included is coming up during a mortgage financing search after it was discharged?

Answered 10 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Not entirely sure what is happening or what you want to know. You have no right to have credit information be reported, and most creditors, including mortgage lenders, do not report after a bankruptcy discharge. Bankruptcy does not erase past credit reporting. You pay your mortgage and keep the property, or you stop paying and you lose the property by foreclosure. The mortgage discharge by bankruptcy only means that you cannot be personally sued for a deficiency in the event of a foreclosure.... Read More
Not entirely sure what is happening or what you want to know. You have no right to have credit information be reported, and most creditors,... Read More

What do I do if one of the accounts included is coming up during a mortgage financing search after it was discharged?

Answered 10 years ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If it's not listed on your credit reports, then it's not hurting your credit.
If it's not listed on your credit reports, then it's not hurting your credit.

Can a judge order a quitclaim deed to be signed?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You would be best off seeing in attorney but, answering your question, if it is appropriate one of the things that the judge can do is to order a quitclaim be signed or, if he refuses, that the judgment of the court be substituted for his signature in the land title record.
You would be best off seeing in attorney but, answering your question, if it is appropriate one of the things that the judge can do is to order a... Read More

Can I rent out my home as I am waiting for my Chapter 13 to go through?

Answered 10 years ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Yes, you can rent your home out but you'll need to file a modification in your plan to reflect the additional income.
Yes, you can rent your home out but you'll need to file a modification in your plan to reflect the additional income.

I owe unemployment worth $13,000 due to fraud, can I file chapter 7?

Answered 10 years ago by Ronald Karl Nims (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Fraud is not dischargeable in bankruptcy.
Fraud is not dischargeable in bankruptcy.

Will they rescind my offer because of my bankruptcy?

Answered 10 years ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It is unlawful to discriminate in employment because you've filed bankruptcy. They are not allowed to ask if you've filed bankruptcy and it's not relevant to any hiring decision.
It is unlawful to discriminate in employment because you've filed bankruptcy. They are not allowed to ask if you've filed bankruptcy and it's not... Read More

What recourse do I have when my bankruptcy attorney is disbarred?

Answered 10 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
There are plenty of good Michigan bankruptcy lawyers. Just search for another and speak with a few to be sure you are comfortable. Good Luck.
There are plenty of good Michigan bankruptcy lawyers. Just search for another and speak with a few to be sure you are comfortable. Good Luck.

How can I trash my credit, file bankruptcy and get away with everything?

Answered 10 years ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If this is a party-then-suicide plan. Talk to a counselor, as a bankruptcy attorney, I know that a lot of people follow the spending part then get cold feet at the suicide part. Then they are screwed up financially and depressed. If you're just planning to spend big then die naturally. Why bother to file bankruptcy? If you're going to be dead, your creditors won't bother you much in any of the major religions. I believe Bernie Sanders believes he can collect taxes from the great beyond (because there isn't anywhere else the money is going to come from once his plans crater the economy). As a rule, intent isn't a consideration in bankruptcy. If you truthfully fill out the credit application and don't spend money on luxuries in the 90 days before filing bankruptcy, then you can discharge the debts in bankruptcy. You have to avoid buying assets and just blow the money. If you buy a car or other assets, the court will seize those to pay your creditors.... Read More
If this is a party-then-suicide plan. Talk to a counselor, as a bankruptcy attorney, I know that a lot of people follow the spending part then get... Read More

when are your creditors notifyed about the pending bankrupty

Answered 10 years and a month ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
They are all notified within a week or so AFTER you file, but there is nothing that prevents you from notifying anyone you want at any time. Good Luck.
They are all notified within a week or so AFTER you file, but there is nothing that prevents you from notifying anyone you want at any time. Good... Read More

Can we file for voluntary dismissal if my husband and I are starting year 3 of a 5 year plan?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Without looking at your actual total financial situation, which would likely take me a couple of hours, I cannot say whether you should take this drastic step. If you do not trust the judgment of your current attorney, I would spend some money for a second opinion.
Without looking at your actual total financial situation, which would likely take me a couple of hours, I cannot say whether you should take this... Read More

Who is responsible for the car after I voluntarily surrendered it?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Here is the problem with a voluntary surrender. You did not really voluntarily surrender. You just left the car in a place of your own choosing and assumed the lender would dance to your tune. A real voluntary surrender is returning the vehicle to a place the lender chooses. Oh and by the way, a voluntary surrender is never any better than having the repossession man come to your door. You are going to find out about being sued for a deficiency real soon.... Read More
Here is the problem with a voluntary surrender. You did not really voluntarily surrender. You just left the car in a place of your own choosing and... Read More

Tenant filed chapter 7

Answered 10 years and a month ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Unless she owes you a ton of money, it will not be worth pursuing. Take all of your information and the amount she owes you to a good bankruptcy attorney to get a view as to cost and likelihood of success. Good Luck.
Unless she owes you a ton of money, it will not be worth pursuing. Take all of your information and the amount she owes you to a good bankruptcy... Read More

How do I get that lien removed from my title so I can get a clean one?

Answered 10 years and a month ago by Daniel T. Garner (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You need to contact the lienholder and have them release the title to you, then go to DMV and get a new one.
You need to contact the lienholder and have them release the title to you, then go to DMV and get a new one.

How do I get that lien removed from my title so I can get a clean one?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
I would start by contacting the creditor to ask for a release of the lien and return of the title. Might help to provide proof showing that payment was made in full, which you can obtain from trustee accounting site.
I would start by contacting the creditor to ask for a release of the lien and return of the title. Might help to provide proof showing that payment... Read More

How do I get that lien removed from my title so I can get a clean one?

Answered 10 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Contact your attorney who handled the Chapter 13.
Contact your attorney who handled the Chapter 13.

How do I find an attorney willing to make paments for bankruptcy proceedings.

Answered 10 years and a month ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Call a few and discuss it with them. You may be surprised. Good Luck.
Call a few and discuss it with them. You may be surprised. Good Luck.

With chapter 7 in Michigan can I file bankruptcy on only my unsecured debt and keep my secured debt like my house, car, truck, and camper.

Answered 10 years and a month ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can't pick and choose what debts to "file bankruptcy on," but, in most Chapter 7 cases, if you can and want to keep up the payments on secured debts, you can keep the security. Talk with a good lawyer to be sure about your situation and your eligibility for Chapter 7. Good Luck.
You can't pick and choose what debts to "file bankruptcy on," but, in most Chapter 7 cases, if you can and want to keep up the payments on secured... Read More

If an involuntary chapter 7 bankruptcy discharge is denied, what happens next?

Answered 10 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If the discharge is denied, the trustee can go after nonexempt assets as can your creditors.
If the discharge is denied, the trustee can go after nonexempt assets as can your creditors.

Does bankruptcy excuse your property taxes?

Answered 10 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
No.
No.

Is the surviving wife responsible to pay?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Not much she was on the account, however his estate is liable for his debts.
Not much she was on the account, however his estate is liable for his debts.