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Michigan Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Michigan on
Q: filing for car I have, it dont run. I want to get rid of car, bank gave me release of lien paper. Can I sell it?

In process of filing. The original loan was consolidated with other loans at the same bank. So seeing I'm still filing and its finalized yet, I didnt know if I could just sell the car for whatever amount, seeing i still owe the debt for it and that's what I'm filing on?

Kevin M Rogers
Kevin M Rogers answered on Apr 20, 2019

Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!

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5 Answers | Asked in Bankruptcy for Michigan on
Q: is social security counted as disposible income in a chapter 13 bankruptcy
Trent Harris
Trent Harris answered on Apr 15, 2019

For purposes of the Chapter 7 means test, Social Security benefits are not income. But for purposes of Chapter 13 disposable income, yes, Social Security benefits are counted as income from which your allowable expenses are subtracted to arrive at disposable income in Michigan. In some other... Read more »

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1 Answer | Asked in Bankruptcy for Michigan on
Q: Who may I contact for pro bono legal work for a chapter 7 bankruptcy with less than $8500 in debt?
Timothy Denison
Timothy Denison answered on Apr 1, 2019

Your local bar association or legal aid society.

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection... Read more »

Trent Harris
Trent Harris answered on Feb 22, 2019

No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I was wondering if there was a way to get a list of debt that I owe?
Trent Harris
Trent Harris answered on Feb 4, 2019

Yes, there is a way.

First, pull a copy of your credit report. You can get a free copy of your credit reports from the 3 major Credit Reporting Agencies (Experian, Transunion, and Equifax) from the site http://annualcreditreport.com. This will give you an ideas of any debts that are being...
Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I have payday loans from couple years ago. I want to file bankruptcy can i include them?

Im in ohio.

Trent Harris
Trent Harris answered on Feb 4, 2019

Yes. When you file bankruptcy you are supposed to list all of your debts, regardless of whether you want to “include” them in your bankruptcy or not. Payday loans are usually unsecured loans, and would be able to be discharged along with your other general unsecured debts. You’ll need to file... Read more »

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4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity

I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... Read more »

Trent Harris
Trent Harris answered on Jan 10, 2019

Trustee’s gonna trustee. Based on what you said, you bought a house from your parents for $13,000 less than it was worth in February 2018. If they were insolvent at the time, that could be a voidable transfer, and the trustee could file an adversary case to set aside the quit claim deed they gave... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Is this a pro bono law firm? And if so is there an income limit to get help filing bankruptcy?
Timothy Denison
Timothy Denison answered on Jan 9, 2019

No. These questions are answered by lawyers all over the United States. You should contact a competent bankruptcy practitioner in your jurisdiction.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What is the income limit to receive help from this office? For bankruptcy.
Timothy Denison
Timothy Denison answered on Jan 9, 2019

There is no income limit but price varies from attorney to attorney.

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1 Answer | Asked in Bankruptcy for Michigan on
Q: How do I amend a petition?
Timothy Denison
Timothy Denison answered on Dec 14, 2018

Simply file an amendment with the court on the locally approved amendment form.

2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I convert a chapter 13 to a chapter 7? What are the first steps?
Trent Harris
Trent Harris answered on Nov 30, 2018

You can file a Notice of Conversion with the court and pay a conversion fee. However, keep in mind that you must still qualify for Chapter 7 bankruptcy in order to complete your case and receive a discharge. There are more steps than are listed here. It would probably be best for you to work with... Read more »

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What happens to child support payments I owe if I file for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Nov 16, 2018

You must remain current on Child Support payments and if you owe back child support, make arrangements to get caught up

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1 Answer | Asked in Bankruptcy for Michigan on
Q: I filed bankruptcy 3 yrs ago I put a car in the bankruptcy the lien holder never picked it up. The car does not run

The lien holder that is listed went out of business. How can I get a clear title or what should I do with the car? I live in Michigan.

Timothy Denison
Timothy Denison answered on Nov 3, 2018

You will have to file suit and get a judicial order directing that the lien be released.

2 Answers | Asked in Bankruptcy for Michigan on
Q: If I'm married and my wife wants to file for bankruptcy on credit cards only in her name will my credit be affected?
Trent Harris
Trent Harris answered on Nov 3, 2018

No. But if you have joint debts then the fact that your wife filed bankruptcy on a joint debt might show up on that debt’s trade line in your credit report.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: If I'm a renter can I be evicted after filing for bankruptcy?
Timothy Denison
Timothy Denison answered on Oct 26, 2018

Not without your landlord being granted relief from the stay.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I'm at the end of a Chapter 13 . How do I file a Post Petition Financial Management Course. My attorney skipped on me.

Do I have to get another attorney? I received a letter from the Trustee's Office that in order to receive a discharge I am required to complete a post petition financial management course and to contact my attorney. Mr. Adam Gantz/Gantz Associates has not responded to emails or phone calls.... Read more »

Timothy Denison
Timothy Denison answered on Oct 25, 2018

No. Simply choose an online provider who will file it with the court. Take the course online and you’re done.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Is there a "best" time of year to file for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris answered on Oct 12, 2018

Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I have a final pre-trial/settlement conference and motion hearing on 10/11/18. I must be represented by an attorney.

It is a civil suit filed by a creditor. I am in the process of paying an attorney to file Chapter 13 BK but have not completed the total amount the attorney needs in order to file the bankruptcy. I am around $300 short of the $1815 needed according to my contract. The law firm will not serve as my... Read more »

Trent Harris
Trent Harris answered on Oct 8, 2018

“If I borrowed money from a relative/friend can the law firm file and obtain a bankruptcy case number by Oct 11, 2018?”

***You should ask the bankruptcy firm you’ve hired for your Chapter 13 case whether they can do this for you.

“[C]ould the Legal Aid Society assist me at...
Read more »

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1 Answer | Asked in Bankruptcy for Michigan on
Q: What's the best and quickest way to build up credit again after filing for bankruptcy?
Brent T. Geers
Brent T. Geers answered on Oct 2, 2018

The quickest way is the same way it is for everyone: pay your bills on time. Immediately after bankruptcy, you will likely be inundated with credit card and other financing offers, all of which can help you build up your credit, or lead you back to bankruptcy. Choose carefully.

2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Michigan on
Q: Complex Foreclosure on 2nd mortgage/divorce/bankruptcy question

Ex-Husband and I divorced in 2007 and divorce decree stated that I got the house and would assume the mortgage payments. The deed was transferred to my name. The mortgage was in his name only and he had taken out an $11,000 2nd mortgage against it in 2004. The first mortgage is not in default as I... Read more »

Timothy Denison
Timothy Denison answered on Sep 22, 2018

If they didn’t join you as a party to the foreclosure and you didn’t have notice, the foreclosure is defective. Go to divorce court, make a motion to hold your ex in contempt and for every penny pure out of pocket, including your attorney fees, and the Court will resolve this problem for you... Read more »

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