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3 Answers | Asked in Bankruptcy, Consumer Law, Tax Law and Arbitration / Mediation Law for Maine on
Q: Q: File bankruptcy or hire a debt company like freedomdebtrelief (d0t) com? Unemployed, 61yrs w/~54k in cc debt.

Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?

Robert Keyes
Robert Keyes
answered on Dec 23, 2022

Several thoughts.

First - if your only income is Social Security and you have no significant assets you don't need to do anything since creditors cannot garnish SS income.

Second - I have never had a client who had anything good to say about debt consolidation companies....
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4 Answers | Asked in Bankruptcy for Michigan on
Q: Should a joint credit card still be reporting to Experian after a discharged Chapter 7 if only 1 person filed?

1 person filed, the other did not. It's still on both credit reports.

Robert Keyes
Robert Keyes
answered on Mar 21, 2024

A discharged credit card will be reported as discharged by bankruptcy. The joint person who did not file will continue to show the credit report as before.

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4 Answers | Asked in Bankruptcy for Michigan on
Q: If a person declares bankruptcy will they lose their house?

Thousands secretly charged on credit card by spouse.

Robert Keyes
Robert Keyes
answered on Nov 9, 2023

Need much more information. Most important - is the mortgage current? If so, then you may be able to file Ch 7 (the simple short bankruptcy). If not current you would need to either get current before you file a case or file Ch 13 bankruptcy and get caught up over either 3 or 5 years.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: If I have equity in my house will I still be able to file chapt 7 bankruptcy?
Robert Keyes
Robert Keyes
answered on Jun 19, 2023

Depends on a lot of question too numerous to list. Just a few:

Property valuation.

Which exemptions you can use.

Your age.

Your family size.

Your sources of income and amounts.

Your expenses.

Anticipated changes in income and expenses.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What to do when attorney was instructed to file paperwork and he did not, causing a dismissal of case ?

Its a bankruptcy case

Robert Keyes
Robert Keyes
answered on Dec 22, 2022

Assuming you are asking for yourself and not for somebody else you should contact your attorney and find out exactly what happened. Without more information there is no way to really answer the question.

In general, cases can usually be reopened and the paperwork filed. There may be other...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: What do I need to file a bankruptcy and what things can be put on a bankruptcy

I have a lawsuit that wages are garnished for from an old car repo and I just received papers for a car that I co-signed with my ex about a civil suit I am not currently working and I think I need to file bankruptcy if I can but am lost as to how to even get the right paperwork to file

Robert Keyes
Robert Keyes
answered on Jun 15, 2022

You can certainly file the bankruptcy by yourself but I'll bet every bankruptcy attorney who sees your question will agree that it is almost always a terrible idea.

That being said you can go to this link and get the forms and some guidance on how to do it yourself:...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Michigan on
Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served... View More

Robert Keyes
Robert Keyes
answered on Mar 9, 2022

I have handled many cases like this and have had judges set aside the Default Judgment. The form you are looking for is called "Motion to Set Aside Default Judgment. Here is the link:

https://www.courts.michigan.gov/siteassets/forms/scao-approved/cia04.pdf

You would need to...
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4 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if you don’t turn in your tax return and/or refund on a chapter 13 bankruptcy?

I have been in my chapter 13 for over 2 years and realized I was supposed to supply tax returns and refunds to the trustee but I haven’t. I’m not sure what my next step is as I’m afraid to bring it up and have my case dismissed.

Robert Keyes
Robert Keyes
answered on Aug 16, 2021

You should turn in returns ASAP and contact your attorney if you have one. Otherwise contact the trustee and own up to your mistake.

It will only get worse if you ignore it and your case will get dismissed if you don’t makes it up somehow.

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2 Answers | Asked in Bankruptcy and Tax Law for Michigan on
Q: I’m in a chapter 13 in Michigan. The tax refund portion of my case is silent. Will I get a refund if so how much?

My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... View More

Robert Keyes
Robert Keyes
answered on Jan 9, 2021

In the Eastern District of Michigan the standard plan requires you to turn over your refund. It is not a matter of the trustee grabbing it.

The good news is you can always amend your plan to account for change of circumstances. Show expenses for any un-budgeted event such as job loss and...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: want to sue baker college for over charging me 30,000

Went to baker college of clinton township, they told me 2 years and 20,000 and said that would find a job for me

didnt even start on my degree until a year and a half and i got a bill from them saying i have to pay 27,000 dollars or get in trouble, it was just lies after lies from them

Robert Keyes
Robert Keyes
answered on Nov 20, 2020

Cannot even comment without a lot more information.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Do you have to provide bonus statements in chap 13 even it’s included in yearly W2’s? It’s not a separate check.
Robert Keyes
Robert Keyes
answered on Oct 28, 2020

Not enough information. Is the case pre 341, post 341, pre-confirmation or post confirmation?

2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

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Robert Keyes
Robert Keyes
answered on Mar 29, 2020

How much is the debt? You are going to have to deal with the debt sometime. If the debt is a garden variety judgment in a MI Court you could ask for a payment plan. Why not file the bankruptcy (if you can). In a Ch. 7 you can get back everything garnished in the 90 days before filing if it totals... View More

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5 Answers | Asked in Bankruptcy for Michigan on
Q: Got layed off March 19, 2020. On March 20, a debt collector took all the money from bank account, I have no money left.

The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?

Robert Keyes
Robert Keyes
answered on Mar 22, 2020

You can still file a bankruptcy. Bankruptcy courts are still operating electronically.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Chapter13 can’t afford plan finance problems Has equity in free clear home what are options

No attorney-I’m on disability fix income can I qualify for hardship discharge? Homestead exemption what does it do?

Robert Keyes
Robert Keyes
answered on Mar 5, 2020

Do you have an attorney? If so talk to that person. If not you need to supply much more information.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: If I live in michgan and on ssi and have crieit card debt what the law

Can I go to jail for not paying my criit card debt

Robert Keyes
Robert Keyes
answered on Feb 11, 2020

No.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: How long after the last plan payment is made that my income withholding is released?

My checks have been garnished since the beginning of my chapter 13 plan and my payments have been paid timely. I am on my last payment for the last creditor that has to receive payment. At what point can I expect to have the income withholding ended so I can receive my full paycheck again?

Robert Keyes
Robert Keyes
answered on Feb 9, 2020

Check with your attorney assuming you have one or if not call your Ch. 13 trustee's office.

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2 Answers | Asked in Banking and Bankruptcy for Michigan on
Q: Does awage garnishment stop after filing for bankruptcy
Robert Keyes
Robert Keyes
answered on Jan 16, 2020

Yes. And if there was more than $600 garnished in the 90 days before the case was filed you can get it back.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: If a husband and wife own a home with no mortgage,and the husband alone by himself applies for bankruptcy

will the creditors go after the house if he applies by himself alone for the bankruptcy?

Robert Keyes
Robert Keyes
answered on May 7, 2019

Not enough information. What is the husband's income? What is the wife's income? Can he file a Ch. 13? Could save the house if so.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What is the income limit to receive help from this office? For bankruptcy.
Robert Keyes
Robert Keyes
answered on Jan 9, 2019

No limit.

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