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Michigan Bankruptcy Questions & Answers
2 Answers | Asked in Banking and Bankruptcy for Michigan on
Q: Does awage garnishment stop after filing for bankruptcy
Timothy Denison
Timothy Denison answered on Jan 16, 2020

Yes

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2 Answers | Asked in Bankruptcy for Michigan on
Q: SSDI is not considered in the Ch 7 means test, but counts as a resource to pay creditors in the budget section, right?

If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.

Trent Harris
Trent Harris answered on Jan 2, 2020

Social security benefits are not counted against the debtor as income on the Chapter 7 means test. The question for the governmental benefits line item on Form 122 expressly says not to include social security.

On the other hand, if you are asking about Schedule I (the monthly budget done...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: In the Ch 7 means test, does my SSDI income count in the gross income calculation? If so, it would put my wife and in 13

So ssdi is not included the means test but may kick us into chapter 13 if it's considered excess income in the budget section, right?

Trent Harris
Trent Harris answered on Jan 1, 2020

If you're asking if SSDI is counted as income for purposes of the Current Monthly Income (CMI) number, the answer's no. It's not counted against you as income on the means test.

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1 Answer | Asked in Child Custody, Child Support, Family Law and Bankruptcy for Michigan on
Q: How can I respond to a child support case in a county 2 hours away where I barely can make it to? My child was not conc

Not conceived in this county. This is where her mother moved.

Timothy Denison
Timothy Denison answered on Dec 17, 2019

You will have to get the Addresses and correspond with them by mail.

2 Answers | Asked in Bankruptcy for Michigan on
Q: I own a construction business and am recently divorced and have lots credit card debt which bankruptcy do I need?

most debt is personal debt, do I have to sell trailers and tools to cover my debt?

Trent Harris
Trent Harris answered on Dec 11, 2019

Your options for personal bankruptcy come in basically two flavors: Chapter 7 liquidation or Chapter 13 repayment plan. If you are eligible for it, most bankruptcy lawyers will try to file you under a Chapter 7 case, unless there is a reason Chapter 7 wouldn't be best for you. So let's look at how... Read more »

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What is the approximate cost to file bankruptcy?

Im not certain which chapter I would need to file. Im divorced & have no assets. I have less than $20,000 debt, such as judgements from credit cards and a previous landlord, medical & miscellaneous debt. I’m also making small payments on federal student loan debt and am in good standing where... Read more »

Ralph Reisinger
Ralph Reisinger answered on Dec 10, 2019

Based on the information you provided you would most likely file a Chapter 7 Bankruptcy. Assuming your last Bankruptcy was a Chapter 7 you would qualify for another Chapter 7 since its been over 8 years. One thing you need to consider is any possible inheritance. If you inherit within 6 months of... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: frbp 2004 coming up for my chpt 7. i have a vehicle behind on payments. dont have full amount. will i loose the vehicle

i filed aug 2019. bank wants full amoint behind before they will reaffirm. bank closed account as soon as bankruptcy filed. I offered them paymemts but they wouldn't accept? what to expect? what do i need to do to keep vehicle?

Trent Harris
Trent Harris answered on Nov 24, 2019

Well, your other version of this question on Avvo said you are converting your Ch7 to a Ch13. Kurt O'Keefe gave you a very good answer on Avvo about looking into redemption.

I would add to what he said that if you are converting to Ch13, you need to put forth a proposal in your Chapter 13...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: My son has many bills. He owes the county Jail here $1250 for a recent stay. Would bankruptcy erased by it.
Trent Harris
Trent Harris answered on Aug 21, 2019

Fines, penalties, and costs that were ordered as part of his criminal sentence would not be dischargeable. However, if this cost is to reimburse the jail for his lodging and food costs while he was there, that could be dischargeable, because it's like rent and an ordinary contract claim. You... Read more »

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1 Answer | Asked in Traffic Tickets, Bankruptcy and Criminal Law for Michigan on
Q: i was pulled over for speeding over 10 years ago, no proof of anything , and they found a $5 bag of weed 2694140856

DWOL CASES EVERY SENSE

Timothy Denison
Timothy Denison answered on Jun 17, 2019

What is your question?

1 Answer | Asked in Bankruptcy for Michigan on
Q: Looking for a Bankruptcy Lawyer,,,,, Susan Jackson @ 313 633-5272. Email - susanjackson44@yahoo.com
Dean Ernst Sheldon III
Dean Ernst Sheldon III answered on May 22, 2019

That's what I do. www. holisticbankruptcy.com. Please check out the testimonials. We can work by mail, fax and email if you are out of my area. Dean Sheldon 231-932-9388

2 Answers | Asked in Bankruptcy for Michigan on
Q: My husband is custodian on utma accounts we opened for our children when they were born, we put 20 dollars a week in

Them, can the trustee take that money if we file chapter 7?

Trent Harris
Trent Harris answered on May 14, 2019

Generally, no. Property of the your bankruptcy estate does not include any power that the debtor (you) may exercise solely for the benefit of [a person] other than [yourself], i.e. your child. See 11 U.S.C. 541(b)(1). Under Michigan law the funds in the UGMA account belong to your children, not... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I file bankruptcy on one judgement that has been ordered against me and not all of my debt?

I just received a judgement against me for an outstanding auto loan that my ex husband was suppose to take care of per our divorce decree. I financially cannot afford to pay for this with my current car payment and other bills I have. I have been told that I could file bankruptcy for this but my... Read more »

Trent Harris
Trent Harris answered on May 9, 2019

No, when you file bankruptcy you have to list all of your debts. However, the damage to your credit from bankruptcy is only temporary. If you pay your bills on time after you get a bankruptcy discharge, your credit score will probably go back up again relatively quickly, because your debt ratio... Read more »

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3 Answers | Asked in Bankruptcy for Michigan on
Q: If a husband and wife own a home with no mortgage,and the husband alone by himself applies for bankruptcy

will the creditors go after the house if he applies by himself alone for the bankruptcy?

Trent Harris
Trent Harris answered on May 6, 2019

Creditors would not be able to go after the house owned by spouses as tenants by the entireties, unless both spouses were liable on the debt. But note, in a bankruptcy it would be the bankruptcy trustee, not creditors, that might do this.

As always, you get what you pay for. Be sure to...
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3 Answers | Asked in Bankruptcy and Divorce for Michigan on
Q: Bankruptcy and Divorce?

My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Apr 24, 2019

Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: filing for car I have, it dont run. I want to get rid of car, bank gave me release of lien paper. Can I sell it?

In process of filing. The original loan was consolidated with other loans at the same bank. So seeing I'm still filing and its finalized yet, I didnt know if I could just sell the car for whatever amount, seeing i still owe the debt for it and that's what I'm filing on?

Kevin M Rogers
Kevin M Rogers answered on Apr 20, 2019

Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!

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5 Answers | Asked in Bankruptcy for Michigan on
Q: is social security counted as disposible income in a chapter 13 bankruptcy
Trent Harris
Trent Harris answered on Apr 15, 2019

For purposes of the Chapter 7 means test, Social Security benefits are not income. But for purposes of Chapter 13 disposable income, yes, Social Security benefits are counted as income from which your allowable expenses are subtracted to arrive at disposable income in Michigan. In some other... Read more »

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1 Answer | Asked in Bankruptcy for Michigan on
Q: Who may I contact for pro bono legal work for a chapter 7 bankruptcy with less than $8500 in debt?
Timothy Denison
Timothy Denison answered on Apr 1, 2019

Your local bar association or legal aid society.

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 company is... Read 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... Read more »

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