Until recently, any creditor who attempted to collect, by phone calls, statements by mail, or otherwise, any debt that was discharged in bankruptcy would almost certainly be sanctioned (made to pay money to the debtor) by the bankruptcy court.

Last year, the US Supreme Court revised that... View More

It's the nature of the claim itself, and not who holds the claim, at the time of the bankruptcy filing, that determines how it will be handled in the bankruptcy. Claims being pushed by debt collectors are common, and just as commonly, are discharged in bankruptcy.

Certain types of... View More

Most bankruptcy lawyers provide a free consultation. I would start there.

Yes, you must include his contributions to the household.

Yes, you can.

If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.

You'd better move quickly! You may need to pay the repossession charges, depending on the procedure in your district.

You will have to let the trustee know and get permission from the court before you can receive the proceeds to buy a new car.

I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... View More

Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.

Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.

Yes, if you qualify, dependent upon the Chapter of bankruptcy.

Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you

You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... View More

A traffic ticket is not dischargeable in a Chapter 7 bankruptcy.

The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.

There are any number of forms online that you can use as a template for the motion.

What is your question?

A spouse does not have to include the other spouse in a bankruptcy, regardless of whether that is a good decision.

Ideally, you should consult a lawyer who practices both in divorce and bankruptcy. As to how to proceed. Certain actions are prohibited and certain actions are not.