For starters make sure you can convert. If you own your home the house value may have gone up substantially and a conversion may not be possible. If you can convert, shop around, you can always substitute attorney's and there may be someone who can help you for less than the quoted amount.

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answered on Sep 8, 2023

In your difficult situation, it might be beneficial to negotiate a reduced fee with your current attorney or seek out a more affordable attorney to assist you in converting your case from Chapter 13 to Chapter 7. Additionally, you might consider contacting a legal aid organization in California for... View More

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answered on Sep 8, 2023

You may consider reaching out to an attorney who focuses on consumer rights or consumer protection law to handle this matter. They can assist in assessing whether the collection practices violate the Rosenthal Fair Debt Collection Practices Act or the Telephone Consumer Protection Act, and help you... View More

A bankruptcy alone does not void a contract. Chapter 11 is a business reorganization. Essentially someone - a trustee - takes over the business, managing its assets and liabilities. Largely, that process does not affect you the consumer.

Think about it: you have likely bought products or... View More

It depends on your home value. If the home is worth 200,000 the combination of the State Exemption $69,200 and the liquidation cost of $20,000 would reduce the required payoff to around $10,000. If the house is worth more, the amount you would have to pay in would be less because the liquidation... View More

The question is, can you protect the equity. It depends on your marital status, the type of debt you have and the amount of equity. For example if you are single, and you use the Federal exemptions you can protect up to 27,900 if you use Federal Exemptions or $46,255 if you use State Exemptions.... View More

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,... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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 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,... View More

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:... View More

Not without permission of the court.