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Michigan Bankruptcy Questions & 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
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 »

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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.
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...
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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.

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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?

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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 »

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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...
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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.
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...
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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 »

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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.

2 Answers | Asked in Bankruptcy for Michigan on
Q: Can i keep my mandatory contributions made into a 457b after seperation of employment while in ch 13 in michigan?

Husband had a 457b with mandatory contributions. Is leaving that job to another firefighter job that has a 345 pension. We will be getting the money that he contributed into the 457b. Are we able to pay off things? Or end the ch 13 if we chose?

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 7, 2020

I cannot speak definitively as to what happens in Michigan since I am not licensed in that State. However, I will assume that it is likely similar to the way that we handle these matters in Missouri. You wrote that you "will be getting the money" that your husband contributed to his 457b... Read more »

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1 Answer | Asked in Bankruptcy for Michigan on
Q: currently in chapter 13 and case has been confirmed. we own a mobile home but rent the lot that its on. we fell behind

fell behind on lot rent. what is a reasonable time to catch it up before a lift on stay is requested? we live in michigan.

Timothy Denison
Timothy Denison answered on Sep 16, 2020

You put the arrearages into the plan and you have two years to repay them.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I won a lost wage disabilty claim against my auto insurance company and I just filed bankruptcy can creditors take it?

I am currently not working and have not for the last 2 years due to an auto accident injury and am actively seeking social security disability at the moment

Thomas. R. Morris
Thomas. R. Morris answered on Aug 4, 2020

The issue is whether the claim, or the money you received or will receive, can be claimed as exempt in the bankruptcy case. Another relevant consideration is the chapter of your bankruptcy case. In chapter 13, for example, the trustee does not always take control of non-exempt assets. You need... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: If I were to bankrupt on defaulted student loans, would I be able to get another federal student loan shortly after?

I understand you have to prove undue hardship in order to bankrupt student loans. I need to go back to college and I'm not able to do so with the defaulted student loans. Thank you!

David Luther Woodward
David Luther Woodward answered on Jul 15, 2020

It is difficult if not impossible for a lawyer to say what a bank or other financial institution might do down the road. There is a new line of case analysis arising from a decision by the bankruptcy court in Poughkeepsie which has changed the terrain for analyzing student loan defaults and... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: Bankruptcy on defaulted student loans

I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?

Trent Harris
Trent Harris answered on Jul 9, 2020

Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in... Read more »

4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: Can second mortgage lender seek post-sale deficiency judgement after liability was discharged in Chapter 7

In 2009, my neighbor filed for Chapter 7 bankruptcy and kept her house with two mortgages, 100k+ and 25k. Her personal obligation for the second mortgage was discharged. A loan modification of the second mortgage in 2015 adjusted the principle, term, and interest rate. In late 2017, my... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jun 24, 2020

If the borrower on the second mortgage loan received a discharge in bankruptcy, and did not reaffirm the debt, that borrower no longer has personal liability, and cannot be pursued for the loan, whether or not the amount owed is a "deficiency."

There are some assumptions in your...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: I am currently in a chapter 13 plan which will end on 4/28/20 in the state of Michigan.

I have made all of my payments, in fact I have made 63 payments in a 5 yr plan they started taking payments on my filing date, since my plan will be done 4/28/20, do I still have to give up the 2020 stimulus, I have not received yet and not sure when I will receive it. I have read all of the... Read more »

Timothy Denison
Timothy Denison answered on Apr 15, 2020

If you meet all the other requirements, you should receive your stimulus check without interference from the trustee.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Certification Regarding Domestic Support Obligations

I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... Read more »

Timothy Denison
Timothy Denison answered on Apr 3, 2020

Check with your bankruptcy attorney but you should not have to take any action nor should it hold up your discharge.

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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

Edit:... Read more »

Mark Bredow
Mark Bredow answered on Mar 29, 2020

No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »

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