If the lien impairs your exemption then you can motion the bankruptcy court to remove the lien.

After your case is closed, if you did not receive a discharge then a court can vacate an order since the automatic stay is removed once the bankruptcy case is closed.

It depends what the fees are for. If you did not reaffirm on the bankruptcy during your chapter 7 proceeding then your obligation on the mortgage and note are discharged. The mortgage itself is the lien on the property that allows them to foreclose, at their expense after your discharge. There... View More

Yes it is legal. Second mortgages are secured loans on the house you live in and therefore the mortgage is not extinguished in a chapter 7 bankruptcy discharge.

No. Feel free to get married after the case is filed. It may cause problems if you marry before the case is filed.

There are limited reasons for which one may sue someone in bankruptcy. It is an expensive process and the results are not always successful. In order to sue in bankruptcy one must file an adversarial proceeding within the parameters of both reasons and time restrictions. If one is successful in... View More

The answer is in most cases, no. 401K plans are exempted out of bankruptcy. In most cases there are sufficient exemptions to cover all of ones valuables. If the item cannot be exempted out the Trustee of the bankruptcy case will sell it to pay creditors.

In Michigan there are 2 bankruptcy courts, Eastern District and Western District. The Eastern Court handles cases that are roughly east of Interstate 27 and the Western District is located west of Interstate 27. There are several court locations in each District. The court requires you to file... View More

Over the past 20 years I have heard this problem several times. The only debt solution program that is guaranteed to work is either a chapter 7 or a chapter 13 bankruptcy. Often times the first several payments sent to many of these debt solution companies end up paying the fees due to the debt... View More

No. Retirement funds are exempted under bankruptcy law.

If you want questions answered about filing a chapter 13 bankruptcy, you should actually go to see a bankruptcy attorney for a full discussion. Have you tried to get a private investor to do the financing for you?

Unless the creditor obtained a judgment against your parents, you had an interest in the property when the lien was filed, or it is some other sort of lien (as, for example, a mechanic's lien), the lien is invalid. Whether you are personally liable for the debt is beside the point, and it... View More

I think what you're really asking is whether credit card debt that has been reduced to judgment can still be discharged in bankruptcy. The answer is yes.

If you're considering bankruptcy based on a debt that has recently been reduced to judgment, don't delay in talking to a... View More

Typically, a Chapter 7 bankruptcy case takes about four months, though it may be longer if there are assets in dispute or other issues. A Chapter 13 bankruptcy case involves a repayment plan over a period of three to five years.

It's worth noting, though, that in most cases an... View More

There are not enough facts to know what you are asking. Some examples are:

If a chapter 13 bankruptcy is filed and the value of the collateral plus the interest rate required by the bankruptcy court is paid and insurance is maintained on the collateral, then you can keep that collateral... View More

This isn't a decision you should make without speaking to a bankruptcy attorney. There are too many factors in play to make a decision based on general information. In some cases, purchasing a car before filing for bankruptcy makes sense and is a legitimate choice, while in other cases it may... View More

It really would depend upon when your case was filed and in what court. About a year and a half ago the Eastern District of Michigan adopted a "model" plan for all cases. the model plan requires court permission to sell the asset. If your case was filed under a previous plan, you may not... View More

Bankruptcy filing information is available through PACER (Public Access to Court Electronic Records). This is a paid for service and is available for free at any bankruptcy court, but you have to physically go there.

Typically filing a bankruptcy with an attorney is advisable. Depending on the amounts of tax liability you may want to consider a Chapter 13 (repayment bankruptcy). should you file a Chapter 7 bankruptcy the amounts owing on unfiled returns would be non-dischargeable, meaning that the bankruptcy... View More

Provided you are married on the date that that the bankruptcy case is filed, you can file a joint case. The fact that you were recently married or that you have no joint debt is not a factor in the ability to file a joint case.