Michigan Bankruptcy Legal Questions

The bank is not obligated to honor your divorce decree; if your ex-husband defaults on the mortgage, the bank can pursue you for any deficiency once it forecloses. Your only recourse would be to sue your ex under the divorce decree or file bankruptcy to escape any liability his bankruptcy causes you to incur.... Read More

If you are sued for something that was discharged in bankruptcy, it is a violation of federal law, assuming they knew about the bankruptcy. IF they didn't know, because you forgot about them or had a bad address or something, just let them know about the bankruptcy and tell them they cannot sue. If they give you any problem, call your bankruptcy attorney to help you get it stopped.... Read More

Bankruptcy cases can be reopened. The trustee has nothing to do with determining whether a loan is discharged, the judge makes that decision. Usually, bankruptcy issues are decided based on the facts at the time you filed. There have been relatively few cases on the dischargeability of student loans based on hardship, so there is a chance at discharge. In order to have your student loans discharged, you usually have to exhaust all your other avenues to getting student loan relief. For example, if you have governmental student loans, have you attempted to get a pay-as-you-go plan? If private loans. Have you attempted to negotiate with the lenders? If not, you don't have much chance.... Read More

You have not made it clear, but I assume she is renting somewhere else, and not her old home. If that is the case, there is nothing she needs to do if she is in agreement that she does not own the house any more. Others will take care of filing what they need to file. If she is concerned, you can take the paperwork (all of it) to a good local lawyer for a more specific opinion. Good Luck.... Read More

No attorney can advise you concerning documents that the attorney hasn't reviewed. That said, as a general rule, it makes sense to do a deed in lieu of real estate, including timeshares, that you're surrendering as part of a bankruptcy. First, timeshares are worthless so you're not giving up any equity. If you don't do the deed in lieu, they will probably file a foreclosure suit. That will go on your credit report and screw up your credit rating.... Read More

Sure would have helped if you said that you filed a Chapter 13, so I don?t have to guess about how to answer your question. If your final payment was made in your chapter 13, the next step is for the trustee to audit your case to make sure all the claims were paid according to your confirmed plan, and that the creditors who were paid cashed the checks sent to them. Many times, the creditors will move without informing the court, so the trustee checks never get cashed. Pretty funny. After the audit, a final report and accounting will be issued. If there still is a balance on hand, you will get a refund check. To get your discharge, you will need to have filed your financial management certificate with the cover sheet and file a Certificate of Compliance. The Certificate of Compliance needs to be noticed and served on your creditors and the notice and certificate of service also needs to be filed.... Read More

It depends on the terms of the loan and which state you live in. Most states allow debtors to pay off cosigned loans in full to protect the cosigners, a few don't. Even where they allow paying off cosigned loans, they are not going to allow massive interest rates. So if you've got a 20% rate on that car loan, forget about it.... Read More

You can file even if your husband does not file. As for bankrupting your "share of the house and car," that is technically possible, but only if you have no interest in using the house or the car. If you plan is to leave your husband and leave him with both of these items, you can do that. Talk to a good bankruptcy lawyer. Good Luck.... Read More