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 »
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 »
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.
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.
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 »
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 »
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 »
After filing will I get the car back?
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 »
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?
Yes.
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
What is the question?
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 »
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 »
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 »
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 »
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 »
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
Cannot even comment without a lot more information.
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 »
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 »
Not enough information. Is the case pre 341, post 341, pre-confirmation or post confirmation?
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 »
Yes. You can always convert from 7 to 13 or from 13 to 7.
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?
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 »
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.
You put the arrearages into the plan and you have two years to repay them.
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
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 »
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!
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 »
I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?
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 »
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