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
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?
Mark Bredow
Mark Bredow
answered on Nov 6, 2017

You may purchase a car, with cash, but if you intend to borrow the money. The United States Bankruptcy Code prohibits any attorney to advise you to incur debt before you file a bankruptcy. If you borrow money before you file, that debt will be discharged in the bankruptcy, right away. So, with... View More

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Michigan on
Q: Can I file bankruptcy on behalf of my son?

I am currently the Payee Representative for my son and he has 3 delinquent accounts thru Synchrony Bank.2 of the accounts already have went into collections. Synchrony Bank will not work with me.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 26, 2017

You would need to have power of attorney to do that. Being a payee representative usually connotes a minor or impaired person on SSDI. If that is true, then the bills should be paid for by you. Please seek assistance with this in your jurisdiction.

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?
David Earl Phillips
David Earl Phillips
answered on Oct 25, 2017

No, you do not have to file bankruptcy unless you wish to. If you are joint on any of the debts that your husband discharges, the creditors can still collect from you. Hope it works out. Good luck!

View More Answers

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.

View More Answers

1 Answer | Asked in Bankruptcy for Michigan on
Q: I am thinking about filing bankruptcy. Can I max my cards before hand?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 16, 2017

Absolutely not. Would be considered fraudulent purchases never having an intent to repay. Any purchases within 75 days of filing are circumspect if they are not ordinary expenses.

2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: I have a default judgment entered against me in Michigan for the amount of $15,864.61. What is the interest rate?

On the filing, the judgment interest accrued thus far is $557.17 and is based on the statutory rate of 12.9% is specified from 11/18/2012 to 02/26/2013

The default judgment was entered on 03/6/2013.

My question is the following: What is my current interest rate on this judgment?... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 10, 2017

See the following:

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html

View More Answers

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?
Brent T. Geers
Brent T. Geers
answered on Sep 24, 2017

In many cases, debtors may keep substantially all of their personal property through bankruptcy - including a personal vehicle. Monetary limits apply (probably can't keep a Bentley).

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: i have a bk lawyer. is it ok to have another one review my case if I want to pay the 2nd lawyer?
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 18, 2017

You are entitled to obtain a second opinion, and don't let anyone tell you otherwise. (Unless you want to treat someone telling you otherwise as a second opinion).

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: If I am the successor in interest on a home because of death, can I put this home in bankruptcy, chapter 13
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 2, 2017

People and business entities can file bankruptcy. A house cannot. However, it may be possible to obtain relief or to restructure debt associated with the house. You should consult with an attorney to assess your situation.

View More Answers

2 Answers | 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

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 30, 2017

Your question is too broad and vague to be answered here. You need to consult with an attorney.

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: Can you file for bankruptcy more than once?
Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

Yes, but generally not within 8 years.You should always weigh whether bankruptcy is necessary for your financial situation, and the long term implications of filing (e.g. some job applications ask if you've ever filed bankruptcy).

View More Answers

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 and Real Estate Law for Michigan on
Q: My home was foreclosed and sold at sheriff auction I am in redemption period now..can I sell over auction price and keep

Excess or sell to friend or family for auction price and fees?

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 4, 2017

If you REDEEM the property you can do what you want with it including selling it for more than the amount you redeem it for. The 'trick' is to insure you do this properly and within the time limits allowed for sheriff's sales!

Do consider involving a local real estate lawyer...
View More

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.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 25, 2017

Well, you can file Pro Se, but it is difficult. There are pro bono services across the nation as you did not put where you are, and some attorney are cheap if you are a simple 7..Remember to do your credit counseling.

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: Will my student loan debts go away after I file for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jul 20, 2017

It is very difficult to discharge student loans in a bankruptcy case. You need to see a bankruptcy lawyer in your area and go over everything to see if this is possible in your situation. Hope it works out. Good luck!

View More Answers

1 Answer | Asked in Bankruptcy for Michigan on
Q: What is the bankruptcy means test and how does it work?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 13, 2017

It is a test to determine if you qualify for a Chapter 7 without a presumption of abuse. It is based primarily on your gross income and compare it to the median income in your jurisdiction.

2 Answers | Asked in Bankruptcy for Michigan on
Q: I've been out of work for over a year and have enough credit card debt to make filing bankruptcy my only option--except,

I also have a retirement account with over $25,000 in it. If I file for bankruptcy, will the court view that as an asset?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 2, 2017

It depends on whether or not your Circuit follows the State exemption or federal exemption. If federal, then the retirement account is exempted out with unlimited amount. Check with counsel in your state.

View More Answers

1 Answer | Asked in Real Estate Law and Bankruptcy for Michigan on
Q: In the early 1980s I took out a mortgage for $36,000 for my house. Now they tell me I owe $273,000. Is this right?

If I don't pay the $273,000. they are going to foreclose and sell my house on June 8th. I went to file a Chapter 13 and the lawyer said I should not file because it looked to him that a $116,000 remortgage loan was not paid off when I remortgaged for $164,000. I filed with the Office of the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 22, 2017

This makes no sense if you made payments and didn't borrow more money, but you've said you 'remortgaged' at least twice -- if you kept borrowing more money and didn't pay off the original loans, then yes, it is entirely possible you now owe hundreds of thousands more.... View More

2 Answers | Asked in Bankruptcy for Michigan on
Q: If I am behind on my child support payments, will bankruptcy remove my obligation to pay them?
David Earl Phillips
David Earl Phillips
answered on May 16, 2017

No, it will not get rid of child support. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer and see if chapter 13 might be an option for you. Good luck!

View More Answers

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.