I signed reaffirmation agreements for my car and a credit card and I would just like to know how long does it take to be filed and received by the court. I know when you file bankruptcy that it is received by the courts pretty quickly so I was wondering if it worked the same way with reaffirmation... Read more »
answered on May 12, 2023
Every Reaff Agreement is exactly that, a mutual agreement between a debtor and the creditor, all subject to approval by the Court.
Authorized signatures of both parties is of course required.
Once aa mutually subscribed Reaff Agreement, with Motion and Affidavit is in hand,... Read more »
My attorney (the one who is representing me in the Chapter 13), wants me to pay her $3,000 to convert. I do not have $3,000, and I am aware that the court only charges a small ($25?) conversion fee. I understand that she wants to get paid for her work, which is understandable. However, I don't... Read more »
answered on Mar 20, 2023
If you simply cease to make payments to the Ch. 13 Trustee, that office will file its own motion to convert or dismiss, and you can appear at the resulting hearing and express your wishes, which will probably be granted.
It is more problematic if there is a wage garnishment in place that... Read more »
The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.
Is this legal what they are doing or illegal?
What can I do for them cease-and-desist?
answered on Feb 13, 2023
The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... Read more »
Its a bankruptcy case
answered on Dec 23, 2022
Certainly, you should speak to your attorney about filing a motion to reopen the case and obtain permission to file the appropriate documents. He or she should obviously comply with your request. Refiling is also a possibility, but there are factors that might prevent it.
If there is no... Read more »
I have 44,000 in equity for my home, I am still paying mortgage, completed reaffirmation agreement that lender sent. The allowed exemption was 27,900. I have the same issue with my car, I do not own, however there is 7,000.00 in equity, the trustee states I only can exempt 1475.00. I am up to date... Read more »
answered on Nov 29, 2022
Exemption planning is more of an art than an exercise. You should be careful about how you exempt property when updating your petition. Contact a licensed bankruptcy attorney to help you with that part of things, or to represent you on this one. You could lose more than you gain without the... Read more »
I have 44,000 in equity for my home, I am still paying mortgage, completed reaffirmation agreement that lender sent. The allowed exemption was 27,900. I have the same issue with my car, I do not own, however there is 7,000.00 in equity, the trustee states I only can exempt 1475.00. I am up to date... Read more »
answered on Nov 29, 2022
I agree with the first answer by Ms. Lipan, as far as it goes. You need the guidance of experienced Michigan bankruptcy counsel.
More specifically, with respect to your home property, it is usually acceptable to deduct ten (10%) percent from gross value as "costs of sale", and... Read more »
I have 44,000 in equity for my home, I am still paying mortgage, completed reaffirmation agreement that lender sent. The allowed exemption was 27,900. I have the same issue with my car, I do not own, however there is 7,000.00 in equity, the trustee states I only can exempt 1475.00. I am up to date... Read more »
answered on Nov 29, 2022
It doesn't mean anything if no one objected. Most creditors don't, but the Trustee may do so for the benefit of all creditors. If you have exceeded your exemptions, amending your schedules won't make any difference (it is a question of fact, not just about what you assert on your... Read more »
answered on Nov 16, 2022
The working presumption in a Ch. 13 case is that the debtor will retain and manage his assets, and that is set when a Plan is confirmed (there are provisions to modify a plan after confirmation).
There is also a Bankruptcy Code provision that states that a debtor must first procure court... Read more »
We had them installed 3 (ish) years ago, we pay a finance company, not them. I do believe part of what we paid for is a support contact. Do I need to do anything.
answered on Oct 19, 2022
Chapter 7 bankruptcy means they are no longer operating, so they wouldn't continue providing any services. If there are any funds in the estate available for creditors, you'll want to file a claim for this loss - value of the service contract and perhaps a warranty. There may be no money... Read more »
We had them installed 3 (ish) years ago, we pay a finance company, not them. I do believe part of what we paid for is a support contact. Do I need to do anything.
answered on Oct 19, 2022
Any guaranty is only as good as the future solvency of the guarantor.
Unless the "warranty" you got is provided by a third party, the bankruptcy probably destroys your warranty.
Watch this bankruptcy case. The trustee may be able to sell what's left of the bankrupt... Read more »
answered on Sep 12, 2022
You can refile 8 years after the most recent Chapter 7 filing. You can file a Chapter 13 and 4 years after your most recent Chapter 7 filing. Depending on your circumstances you may want to file the Chapter 13 to stop garnishments etc.
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
answered on Jun 15, 2022
I agree with Mr. Keyes. Bankruptcy involves navigating your way through terms that are not wholly intuitive, and there are a host of case deadlines that if you miss could adversely affect your case. It is well worth the money to hire an attorney who does bankruptcies day in and day out. For them,... Read more »
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
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 »
They give u 14 days to submitted any other paperwork I handed it in on 15 day am I still ok
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 »
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.
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
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.
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
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 »
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 »
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 »
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 »
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 »
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