Lawyers, Answer Questions  & Get Points Log In
Michigan Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Michigan on
Q: What do I need to file a bankruptcy and what things can be put on a bankruptcy

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

Robert Keyes
Robert Keyes
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:...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Michigan on
Q: Filing from chapter 13 to chapter 7 issues.

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... Read more »

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

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

Michael Hollins Sr.
Michael Hollins Sr.
answered on Mar 21, 2022

Bankruptcy has the ability to stop a wage garnishment, with a few exceptions. I suggest that you contact a local bankruptcy attorney to see if Chapter 7 is a viable solution for you.

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

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

Trent Harris
Trent Harris
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... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Michigan on
Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

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... Read more »

Adam Alexander
Adam Alexander
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....
Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Michigan on
Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

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... Read more »

Thomas. R. Morris
Thomas. R. Morris
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... Read more »

View More Answers

4 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if you don’t turn in your tax return and/or refund on a chapter 13 bankruptcy?

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.

Robert Keyes
Robert Keyes
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.

View More Answers

3 Answers | Asked in Bankruptcy for Michigan on
Q: Disabilty wages, unsecured debt, home in my name and spouse. Seperate bank accounts, Can creditor put lien on my home?
Trent Harris
Trent Harris
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... Read more »

View More Answers

3 Answers | Asked in Social Security and Bankruptcy for Michigan on
Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?
Cristina M. Lipan
Cristina M. Lipan
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... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
PREMIUM
David Soble
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... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Michigan on
Q: Car was repoed. I filed chapter 13 bankruptcy. How soon will I have a case? Also when can I get the car back

After filing will I get the car back?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: if some one files chapter 13 in 2018 and then converts it to a chapter 7 in 2020

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?

Timothy Denison
Timothy Denison
answered on Feb 4, 2021

Yes.

View More Answers

2 Answers | Asked in Bankruptcy and Criminal Law for Michigan on
Q: I lied on a police report 9 years 5 months ago no one was every convicted,case was closed,oiled about my rifle

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

Joseph H. Haddad
Joseph H. Haddad
answered on Jan 27, 2021

What is the question?

View More Answers

3 Answers | Asked in Bankruptcy for Michigan on
Q: Is a civil subpoena for a debt from New York State enforceable in another state?
Thomas. R. Morris
Thomas. R. Morris
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... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: Wondering about the legal process for removing a dismissed chapter 13 that was never meant to be filed?

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... Read more »

Trent Harris
Trent Harris
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...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Tax Law for Michigan on
Q: I’m in a chapter 13 in Michigan. The tax refund portion of my case is silent. Will I get a refund if so how much?

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.... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Michigan on
Q: want to sue baker college for over charging me 30,000

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

Robert Keyes
Robert Keyes
answered on Nov 20, 2020

Cannot even comment without a lot more information.

2 Answers | Asked in Bankruptcy for Michigan on
Q: I have 11 months left on a chapter 13. Confirmed in August 2016. Lawyer now wants bonus statements from 2016 thru now.

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... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
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... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Michigan on
Q: Do you have to provide bonus statements in chap 13 even it’s included in yearly W2’s? It’s not a separate check.
Robert Keyes
Robert Keyes
answered on Oct 28, 2020

Not enough information. Is the case pre 341, post 341, pre-confirmation or post confirmation?

1 Answer | Asked in Bankruptcy for Michigan on
Q: Can I switch to ch 7 from a 13 if we owe more than what home is worth and can catch up what is in default to keep home?

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... Read more »

Timothy Denison
Timothy Denison
answered on Oct 7, 2020

Yes. You can always convert from 7 to 13 or from 13 to 7.

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.