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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
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:... View More
Currently I am going through a bankruptcy and have filed for chapter 13. A few months ago my attorney said I could take means test and file for chapter 7. After a few weeks they stated I passed the test and could file for chapter 7.
My attorney told me I needed to pay $1925 for fees to... View More
answered on Apr 11, 2022
Schedule an in office appointment with your attorney and have all your questions ready. If they don’t give you an appointment, demand your money back.
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years
answered on Mar 21, 2022
By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... View More
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
answered on Mar 9, 2022
There is a form that allows you to object to garnishments. Just Google "objection to garnishment Michigan". However there are only 5 permitted objections and one "catch all" objection.
1. the funds or property are exempt (protected) from garnishment by law.
2.... View More
I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now... View More
answered on Nov 29, 2021
It seems like you are looking for validation of a theory that the attorney you hired to file a bankruptcy petition for you is responsible for problems that also involve the high cost of daycare. If your attorney committed legal malpractice, seek advice promptly because you must bring suit within... View More
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.
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.
answered on May 18, 2021
Yes, a creditor who has a money judgment against you in Michigan can put a judgment lien on any real estate you own. The judgment lien is good for 5 years and can be renewed once for an additional 5 years. The judgment lien cannot be used to foreclose on the property but would need to be paid off... View More
answered on May 18, 2021
A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will... View More
answered on Mar 29, 2021
An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... View More
After filing will I get the car back?
answered on Mar 24, 2021
One provision of the Bankruptcy Code requires anyone in possession of "property of the estate" to promptly turn over whatever is held to the estate, i.e., to the debtor.
Another provision of the Code requires the debtor to provide "adequate protection" to the holder of a... View More
If someone files chapter 13 in 2018 and then converts it to a chapter 7 in 2020, what is the effective date for considering if a debt is part of the filing? The June 2018 filing dates or any debts created all the way until the convertion date of Nov, 2020?
I actually sold it to my brother in law,the time of the band I was driving back from Florida my ex wife at the time ,made the police report,I added my rifle the next day
answered on Jan 23, 2021
I’m not sure what you mean by a civil subpoena for a debt, but a judgment issued by in New York court is enforceable in any of the states. The United States Constitution requires that a stake in full faith and credit to judgment rendered in another state. That means that a judgment issued by a... View More
Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.
My plant was talking about another... View More
answered on Jan 13, 2021
You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.
A credit reporting agency has no obligation to remove or... View More
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
answered on Jan 9, 2021
Your Plan (whether before confirmation or thereafter) can be modified.
Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.
It is at least... View More
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
I explained they were not separate checks. I have given my tax returns each year of the bankruptcy. To the trustee and lawyer. Why now would the lawyer want pay statements reflecting bonuses? I am current on all payments, it comes directly from my company to trustee. Just confused since it was... View More
answered on Oct 28, 2020
In our District, the Court and the Chapter 13 Trustee require that the debtor pay a portion of all bonuses received into their Chapter 13 Plan. Bonuses are additional income and the debtor is required to use his or her "best efforts" to fund the Chapter 13 Plan and pay a meaningful... View More
answered on Oct 28, 2020
Not enough information. Is the case pre 341, post 341, pre-confirmation or post confirmation?
Husband had a 457b with mandatory contributions. Is leaving that job to another firefighter job that has a 345 pension. We will be getting the money that he contributed into the 457b. Are we able to pay off things? Or end the ch 13 if we chose?
answered on Oct 7, 2020
I cannot speak definitively as to what happens in Michigan since I am not licensed in that State. However, I will assume that it is likely similar to the way that we handle these matters in Missouri. You wrote that you "will be getting the money" that your husband contributed to his 457b... View More
We are in Michigan. We have the opportunity to make it right with our mortgage to keep home, especially since we own the mobile home and rent the lot. Would also any remaining funds that haven't been distributed being held by trustee be sent back? Our monthly amount is deducted right from our... View More
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