Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Bankruptcy Questions & Answers
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 Michigan on
Q: what is a bono lawyer?
Kelly Lambert
Kelly Lambert
answered on Aug 1, 2014

A pro bono lawyer is one that will handle a case for no charge.

Kelly G Lambert III

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... View 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: How do I find out the receiver named in a bankruptcy filing?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents and obtain the names/address of all... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: My wife is on the deed of my house, not the mortgage, what happens if she files for bankruptcy due to credit card debt?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: If the equity in the property exceeds the available exemptions, there can be problems. I strongly suggest you consult with an attorney for a free initial consultation to research this issue.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Bankrupty filing, do I need a lawyer in Michigan
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I filed bankruptcy last Oct ans was discharged in Feb. I files on my house and no longer live there.

My ex husband moved in the house and was going to try and keep the house but the mortage company lied to him and me and said the only way for him to keep it is if i sign all the papers too. well i am not doing that. Now the mortage company is saying I am responsible for the house and if i dont sign... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: If you reaffirmed the Mortgage, you still owe it. If you did not, you do not owe it. In either event, if you do not pay, they will foreclose on the property. If not reaffirmed, the proceeding with be In Rem (against the property) and will be prohibited from seeking a judgment In Personam... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: What do you do if you suspect your bankruptcy lawyer may be a scam after paying some $900 + & they no longer answer call
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

Show up at his office. If you do not receive any results, you should contact your respective state Bar Association.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I LIVE IN Michigan. I filed chapter 7 bankruptcy, a car was included.I gave it back smashed up after discharge.

Can they sue me for it?

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: You will not owe on the car loan; however, (1) if the accident was prior to the filing, and you had insurance, the claim could be part of the Bankruptcy, for both property damage and personal injury; (2) if the accident was after filing, the insurance proceeds for the property damage to you car... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: I really need to find out if the person we bought our house from on land contract filed bankruptcy

The person who we bought our land contract from is now wanting to take us to court because we have not yet paid our 2012 property taxes. We have lived in the home for 5 years and have always been behind 1 year but have always paid them. I was also told that he filed bankruptcy and want to find out... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Property Taxes run with the property, regardless of the owner.

To research if he filed, Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a...
View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: Can a purchase agreement be declared null and void if the buyer did not get the loan approved within the deadline?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

Depends on the specific terms of the Purchase Agreement.

1 Answer | Asked in Bankruptcy for Michigan on
Q: When filing Admin Closing form, is the case # my bankruptcy #? Am I the plaintiff? Bankruptcy petition #?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: The Case Number is the same as the Bankruptcy Number. Each document filed is also given a Docket Entry Number, which is chronological. In a Bankruptcy, unless there is a contested or adversary proceeding, there is no Plaintiff/Defendant. The filer of a voluntary bankruptcy is called the... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: I borrowed from Sally Mae as a private loan, school not accredited, 1/2 of loan paid off can I file bankruptcy on this?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Student loans, regardless of the source are generally not dischargeable in bankruptcy. There are rare circumstances when then can be discharged in bankruptcy, but it involves the filing of an expensive secondary action involving issues which can be more affordably addressed with most lenders... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: What is Z list in a chapter 13 ?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: “Z List” or “The List” is commonly what is referred to in bankruptcy as the list of Interested Parties. At the filing of the case it is usually the Matrix; however, for a specific motion, is will likely be only those parties which would be affected by its granting.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I think I need to file bankruptcy. I have a summons to appear in court on May 6th for a credit card debt my deceased

Husband failed to take care of for 3000.00. I 'm unemployed for over 2 yrs with no money whatsoever

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Unless you are a party to the credit card case, you do not owe it. Do a Suggestion of Death and file it with the Clerk of the Court. If you are a party to the credit card case, debt alone is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: Mom passed away 10 years ago leaving open bank account, no will. What can I do about retrieving these funds left in th
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: I am surprised the account has not be closed and the funds forwarded to the State’s Department of Financial of Affairs, Unclaimed Property Division. If the account was set up with a Totten Trust (X, payable upon death to Y) then the person to who it is payable can collect by providing a copy... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: I filed a individual bankruptcy 1999 and i wanted to know if i could file a joint chap 7 now or do i have to wait
Thomas M.  Hensel Jr.
Thomas M. Hensel Jr.
answered on Feb 11, 2013

Assuming you're otherwise eligible to file (i.e. you pass the Means Test) - then the 1999 filing should not hinder your ability to file now.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I'm a creditor in a bankruptcy case that I believed was filed July 27,2012

Why haven't received a notice yet?

Andrew Bresalier
Andrew Bresalier
answered on Aug 17, 2012

It could take a few weeks to receive the notice. If you were not listed as a Creditor, you will not receive the notice. I would suggest you sign up for PACER and review the Petition to see if you are listed as a Creditor. If not, you could proceed outside the Bky. See my other responses for... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: Where do I go? Need to restructure/repair my financial situation. Recently divorced,single mom,after 18 yrs-unemployed

Great credit history until divorce. Lost my secure employment. Possible problem areas: Trying to keep my home. Property & income Taxes. Debt - Medical bills & Credit. Caretaker for my mother and 3 yr old son. Need reliable & reasonable legal direction and guidance. PLEASE! I would... View More

Bruce Redman
Bruce Redman
answered on Jul 17, 2012

You need to contact an attorney who has experience both in foreclosure and bankruptcy law. Your situation is common and may be the perfect case for a bankruptcy. Find an attorney who is willing to sit down and discuss your personal situation, and not a firm that will simply process you through... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: If the dept of ed garnishes your tax refund, can that be recovered if you file bankruptcy within 90 days?
Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

US Dept of Ed does not have any Due Process Requirements. They do not have to sue to garnish your wages or take your property. However, if you have children, your income maybe exempt. With a Bky, student loans are not dischargable and if any funds were recovered frmo the Dept Ed, which I doubt... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.