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Questions Answered by Robert Keyes
2 Answers | Asked in Bankruptcy for Michigan on
Q: I went through chapter 7 bankruptcy and kept my car. Why does my credit report say closed account do I have to pay on it

Want to know if they will come take the car if I stop paying. Just a little confused nothing was explained to me

Robert Keyes
Robert Keyes answered on Dec 8, 2017

Did you sign a reaffirmation agreement and was it filed? If so then you can keep the car as long as you keep current on the payments.

If you didn’t sign a reaff then the lender will probably repo it if you stop paying.

You probably didn’t sign/file a reaff. That would explain...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: What is taken into consideration for including student loans in bankruptcy.... trying to figure if I have a good chance
Robert Keyes
Robert Keyes answered on Dec 8, 2017

The bankruptcy court uses something called the Brunner test. (Named after the definitive case.)

The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: If I file for bankruptcy alone, will it affect my husbands credit or our home?

The mortgage was done under his credit, my name is just on there. Also how much about is a simple 7 in michigan for credit card and medical debt?

Robert Keyes
Robert Keyes answered on Dec 8, 2017

It won't affect his credit score. As long as the mortgage payments are kept current there is no issue with you home. Note that even if he did file there is no issue with the house as long as the mortgage payments are kept current.

In addition to a $335 filing fee which is universal, the...
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2 Answers | Asked in Bankruptcy and Small Claims for Michigan on
Q: Items stored at an ex wife's house no documentation to speak of cannot find items now still due recompense?

Was during the aftermath of a foreclosure and bankruptcy. No documentation or record of what items went where was ever recorded. No terms of storage were recorded or agreed upon. The items were boxed up and thrown in with other stored items. The garage in question has been since searched semi... Read more »

Robert Keyes
Robert Keyes answered on Nov 14, 2017

Unclear what this has to do with bankruptcy. Who filed (if anyone)? When? Where in the process? If still open, amend as appropriate and list value as unknown.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I will be filing for chapter 7 bankrupcy. Can I purchase a vehicle while I am in the process of filing?
Robert Keyes
Robert Keyes answered on Nov 6, 2017

Yes. You may get better terms if you buy before you file. Depends on your particular situation.

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5 Answers | Asked in Bankruptcy for Michigan on
Q: Can my husband file for bankruptcy as an individual, or am I going to get dragged into this?
Robert Keyes
Robert Keyes answered on Oct 25, 2017

You will be dragged into it if you are a co-signor on any debts with him. Sometimes on a credit card you may only be an authorized user. That debt is all his. The creditor cannot come after you for that. You need to consult a bankruptcy attorney to get definite answers.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: when can i take the 2nd bankruptcy course??

i already filed. my 341 meeting is nov 25. do i take the coirse after the 341???

Robert Keyes
Robert Keyes answered on Oct 25, 2017

you can take it now.

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1 Answer | Asked in Bankruptcy for Michigan on
Q: Can I stop an order granting trustee objection to debtors claim of exemptions and motion for turnover, chapter 7

It ordered that within seven days, debtors shall turnover my property to the estate for liquidation

Robert Keyes
Robert Keyes answered on Oct 9, 2017

Maybe but it depends on a lot of information that you would need to provide.

1 Answer | Asked in Bankruptcy for Michigan on
Q: My trustee says I have life insurance policy on record but I do not. How do I prove this?
Robert Keyes
Robert Keyes answered on Oct 9, 2017

The trustee has to prove you have it. There is no way to prove that something does not exist.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I've paid in a total of close to $3800.00 to an atty for a chapter 13 bk filing. We' re close to one year being behind

what would it take to go chapter 7 bk?

Robert Keyes
Robert Keyes answered on Oct 9, 2017

You need to provide more information. Are you saying your case is confirmed or not? What is your required monthly payment? Cannot. answer what it would take to go Ch 7.

2 Answers | Asked in Bankruptcy for Michigan on
Q: What assets do I get to keep (if any) if I file for bankruptcy? Can I keep my car?
Robert Keyes
Robert Keyes answered on Oct 9, 2017

Upwards of 95% of my clients keep everything. To keep a car with a loan you have to be current on your payments if you file Ch. 7. (Ch 7 is the one that takes about 4-5 months and in which you pay back nothing. In Ch. 13 you can take up to 5 years to get caught up on car payments (or a mortgage.)

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Can you file for bankruptcy more than once?
Robert Keyes
Robert Keyes answered on Oct 9, 2017

Your question is too vague. Short answer is yes but more details are needed. You can file Ch. 7 8 years after filing a previous Ch. 7 if you received a discharge. You can file a Ch. 13 4 years after a previous Ch7 or Ch. 13.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I want to file Chapter 7 bankruptcy but have no money. How do I get started.

I have 23,000 in medical bills, plus credit card debt and other outstanding debts. I have been sued. I owe IRS about $500. I no car payment and I rent.

Robert Keyes
Robert Keyes answered on Oct 9, 2017

Call around. Some attorneys will file for a very low fee and allow you to pay when you can. However in that case the attorney can never ask you about payment just like any other creditor cannot.

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1 Answer | Asked in Bankruptcy for Michigan on
Q: Is there a limit on how long a collection agency can garnish my wages for a credit card debt?

A judgment was issued and garnishment started 9/06 and ended on 11/12. Received a settlement letter on 2/21/14. Has this debt reached its statute of limitations or can they sue and start a new garnishment. Purchase price of the debt was $10,238 (not what they paid) and they have recovered... Read more »

Robert Keyes
Robert Keyes answered on Nov 20, 2014

No. But the garnishment must be renewed by the creditor every 90 days.

1 Answer | Asked in Bankruptcy for Michigan on
Q: can I file bankruptcy and still keep my home?
Robert Keyes
Robert Keyes answered on Nov 20, 2014

Yes, but it is a complicated question.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Can I file bankruptcy for back child support
Robert Keyes
Robert Keyes answered on Nov 20, 2014

No. Not discharged in bankruptcy.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I live in South Carolina and I am unemployed. I owe about $12,000. How much would it cost me to file for bankruptcy?

Bankruptcy chapter 7 since I don't own a house.

Robert Keyes
Robert Keyes answered on Nov 20, 2014

Maybe nothing. Depends on a lot of things. Contact a bankruptcy attorney in your area. You can search for one here:

www.nacba.org

1 Answer | Asked in Bankruptcy for New York on
Q: I am filing bankruptcy and Kay's jewelry store is saying I either have to pay them back, or give back jewelry of same va

I either have to pay them back or give back jewelry of same value. I have not made any purchases in a year. What are my options?

Robert Keyes
Robert Keyes answered on Nov 20, 2014

May depend on the amount at stake. If it is less that a few thousand dollars, it is unlikely that Kay Jewelers will do anything. I tell me clients to ignore them completely.

1 Answer | Asked in Bankruptcy for Utah on
Q: is their a waiting period after filing chapter 7 and I can receive an inheritance or file in small claims court
Robert Keyes
Robert Keyes answered on Nov 20, 2014

Any inheritance you are entitled to in the 180 days after the case was filed (not discharged or closed) must be reported to the trustee who handled the case. You don't have to have actually received anything. You just have to have the right to receive it so you cannot just put off getting the... Read more »

3 Answers | Asked in Bankruptcy for Alabama on
Q: Is it legal for a lending institution to continue to bill a customer after a discharged bankruptcy on the mortgaged

property; and to bill the customer for the Hazard Insurance purchased by the customer? Our attorney provided all required documents to the lender; customer's mortgage record states discharged bankruptcy. Yet they continue to bill us for the loan payments and the insurance.

Robert Keyes
Robert Keyes answered on Nov 20, 2014

No.

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