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Michigan Bankruptcy Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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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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... Read more »

Trent Harris answered on Jan 10, 2019

Trustee’s gonna trustee. Based on what you said, you bought a house from your parents for $13,000 less than it was worth in February 2018. If they were insolvent at the time, that could be a voidable transfer, and the trustee could file an adversary case to set aside the quit claim deed they gave... Read 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 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.

Timothy Denison answered on Jan 9, 2019

There is no income limit but price varies from attorney to attorney.

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1 Answer | Asked in Bankruptcy for Michigan on

Q: How do I amend a petition?

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 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... Read 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 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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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 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 married and my wife wants to file for bankruptcy on credit cards only in her name will my credit be affected?

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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