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Michigan Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection... View More

Trent Harris
Trent Harris
answered on Feb 22, 2019

No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I was wondering if there was a way to get a list of debt that I owe?
Trent Harris
Trent Harris
answered on Feb 4, 2019

Yes, there is a way.

First, pull a copy of your credit report. You can get a free copy of your credit reports from the 3 major Credit Reporting Agencies (Experian, Transunion, and Equifax) from the site http://annualcreditreport.com. This will give you an ideas of any debts that are being...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: I have payday loans from couple years ago. I want to file bankruptcy can i include them?

Im in ohio.

Trent Harris
Trent Harris
answered on Feb 4, 2019

Yes. When you file bankruptcy you are supposed to list all of your debts, regardless of whether you want to “include” them in your bankruptcy or not. Payday loans are usually unsecured loans, and would be able to be discharged along with your other general unsecured debts. You’ll need to file... View More

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4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity

I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... View More

John Martin Hilla
John Martin Hilla
answered on Jan 10, 2019

Yes, you need to speak with a bankruptcy attorney of your own to obtain the best advice moving forward and to discuss possible defenses to what are called "preference avoidance actions." Long story short, any property sold or transferred by a debtor who files bankruptcy within 2, or even... View More

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Is this a pro bono law firm? And if so is there an income limit to get help filing bankruptcy?
Timothy Denison
Timothy Denison
answered on Jan 9, 2019

No. These questions are answered by lawyers all over the United States. You should contact a competent bankruptcy practitioner in your jurisdiction.

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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.
Trent Harris
Trent Harris
answered on Jan 9, 2019

If by "this office" you mean a private bankruptcy law firm, there is no income limit to file bankruptcy. But your income might affect the bankruptcy chapter you have to file under.

If you want to file Chapter 7 bankruptcy, your income needs to be less than the state median for...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: How do I amend a petition?
Timothy Denison
Timothy Denison
answered on Dec 14, 2018

Simply file an amendment with the court on the locally approved amendment form.

2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I convert a chapter 13 to a chapter 7? What are the first steps?
Trent Harris
Trent Harris
answered on Nov 30, 2018

You can file a Notice of Conversion with the court and pay a conversion fee. However, keep in mind that you must still qualify for Chapter 7 bankruptcy in order to complete your case and receive a discharge. There are more steps than are listed here. It would probably be best for you to work with... View More

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What happens to child support payments I owe if I file for bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 16, 2018

You must remain current on Child Support payments and if you owe back child support, make arrangements to get caught up

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2 Answers | Asked in Bankruptcy for Michigan on
Q: If I'm married and my wife wants to file for bankruptcy on credit cards only in her name will my credit be affected?
Trent Harris
Trent Harris
answered on Nov 3, 2018

No. But if you have joint debts then the fact that your wife filed bankruptcy on a joint debt might show up on that debt’s trade line in your credit report.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: I filed bankruptcy 3 yrs ago I put a car in the bankruptcy the lien holder never picked it up. The car does not run

The lien holder that is listed went out of business. How can I get a clear title or what should I do with the car? I live in Michigan.

Timothy Denison
Timothy Denison
answered on Nov 3, 2018

You will have to file suit and get a judicial order directing that the lien be released.

2 Answers | Asked in Bankruptcy for Michigan on
Q: If I'm a renter can I be evicted after filing for bankruptcy?
Timothy Denison
Timothy Denison
answered on Oct 26, 2018

Not without your landlord being granted relief from the stay.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I'm at the end of a Chapter 13 . How do I file a Post Petition Financial Management Course. My attorney skipped on me.

Do I have to get another attorney? I received a letter from the Trustee's Office that in order to receive a discharge I am required to complete a post petition financial management course and to contact my attorney. Mr. Adam Gantz/Gantz Associates has not responded to emails or phone calls.... View More

Timothy Denison
Timothy Denison
answered on Oct 25, 2018

No. Simply choose an online provider who will file it with the court. Take the course online and you’re done.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Is there a "best" time of year to file for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris
answered on Oct 12, 2018

Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I have a final pre-trial/settlement conference and motion hearing on 10/11/18. I must be represented by an attorney.

It is a civil suit filed by a creditor. I am in the process of paying an attorney to file Chapter 13 BK but have not completed the total amount the attorney needs in order to file the bankruptcy. I am around $300 short of the $1815 needed according to my contract. The law firm will not serve as my... View More

Trent Harris
Trent Harris
answered on Oct 8, 2018

“If I borrowed money from a relative/friend can the law firm file and obtain a bankruptcy case number by Oct 11, 2018?”

***You should ask the bankruptcy firm you’ve hired for your Chapter 13 case whether they can do this for you.

“[C]ould the Legal Aid Society assist me at...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: What's the best and quickest way to build up credit again after filing for bankruptcy?
Brent T. Geers
Brent T. Geers
answered on Oct 2, 2018

The quickest way is the same way it is for everyone: pay your bills on time. Immediately after bankruptcy, you will likely be inundated with credit card and other financing offers, all of which can help you build up your credit, or lead you back to bankruptcy. Choose carefully.

2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Michigan on
Q: Complex Foreclosure on 2nd mortgage/divorce/bankruptcy question

Ex-Husband and I divorced in 2007 and divorce decree stated that I got the house and would assume the mortgage payments. The deed was transferred to my name. The mortgage was in his name only and he had taken out an $11,000 2nd mortgage against it in 2004. The first mortgage is not in default as I... View More

Trent Harris
Trent Harris
answered on Sep 22, 2018

Although bankruptcy discharged your ex-husband’s personal liability for the 2nd mortgage, it would not have gotten rid of the lien. Yes, the scenario is possible. You would also need to pay the 2nd mortgage to avoid foreclosure on the lien.

A state court judgment wouldn’t have the...
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4 Answers | Asked in Bankruptcy for Michigan on
Q: Must I disclose prior bankruptcies to my partner before we get married?
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 19, 2018

There's no legal requirement. This is an ethical or relationship question.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Filed chapter 7 five yrs ago and now the mortgage company has filed a forecloser and put the forecloser in our name can
Cristina M. Lipan
Cristina M. Lipan
answered on Sep 4, 2018

A chapter 7 bankruptcy does not discharge secured debts, which is what a mortgage is. If you weren't paying your mortgage, then they can foreclose.

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1 Answer | Asked in Bankruptcy for Michigan on
Q: We never signed a reaffirmation but was never made to move and now they did foreclose on the house but it is showing on
Timothy Denison
Timothy Denison
answered on Sep 4, 2018

They are entitled to possession of the property whenever they choose. You can’t be made to pay any money, but you can be required to leave.

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