Bankruptcy in Michigan
Are you contemplating bankruptcy or hiring a bankruptcy attorney in Michigan? Are you tired of creditors calling for payments you can’t make? Maybe looking for a way to get out of debt and have you exhausted all other options? Then bankruptcy might be the solution you seek. It is a legal option that can erase a portion or all of your debts.
Types of Bankruptcy in Michigan
Bankruptcy is a legal process that helps individuals and businesses get a fresh financial start. It eliminates a portion of or all of their debts or financial liabilities. In Michigan, to be approved, individuals must prove they have a hardship that prevents them from staying current on their financial obligations.
Keep in mind that not all debts qualify. Some liabilities, such as child support arrears, delinquent taxes, alimony, and student loans generally do not qualify for discharge. Consumers who find themselves falling behind in debt can file either Chapter 7, 11 or 13. To determine which option is right for you, you’ll need to assess your goals, assets, and income. You should also consider working with an experienced bankruptcy attorney.
There are 2 U.S. Bankruptcy Courts located in Michigan. There is 1 designated for the Eastern District, and 1 designated for the Western District.
Chapter 7 Bankruptcy
Many people find Chapter 7 to be the right solution for their circumstances because it provides them with the opportunity to start over financially. However, before filing for Chapter 7 bankruptcy, you should thoroughly assess your income and ability to repay what you owe. You should also speak with a bankruptcy attorney in Michigan who can help you to decide if a liquidation plan is right for you.
Typically, individuals approved for Chapter 7 lack stable income or have experienced a change in circumstances that has resulted in an inability to manage their debts. Though Chapter 7 erases debts, the tradeoff is you may have to give up certain possessions, such as your home, car, or some other assets.
However, once you file your petition, an automatic stay goes into effect that requires all collection activity against you like foreclosures and garnishments, to stop temporarily. However, the automatic stay does not prevent all collection attempts. For example, if you owe child support or restitution for a criminal case, you are still liable for those payments.
Michigan Investment states that filing Chapter 7 is a legitimate strategy to protect certain assets and eliminate your debt. Most individuals take on debt with the full intention of repaying, but if certain circumstances arise, such as illness or loss of job, chapter 7 may be beneficial. You can also attend Pre-bankruptcy Counseling to understand the process you are about to undertake.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy is more complex than other types of bankruptcy. It is often used by businesses and certain types of people. It allows petitioners to restructure their debts with a reorganization plan. This way, debts are easier to manage over a determined length of time, usually four to 18 months. The main benefit of Chapter 11 bankruptcy is that it does not require petitioners to sell off or liquidate their assets to pay what they owe. It does allow debtors to negotiate with their creditors a reorganization plan that enables them to stay current on their debts moving forward.
The Federal Courts state that most who file for chapter 11 under the bankruptcy code are looking for an avenue in which to repay their debts. This chapter is a restructuring of the debt. It can give the debtor a longer time frame, and possibly even a smaller amount to pay back. This is often used by businesses who do not desire to liquidate, and ideally want to try to stay in business.
Chapter 13 Bankruptcy
Chapter 13 Bankruptcy is a debt restructuring or wage earners plan. In Michigan after you file, the courts will assign a trustee to examine your liabilities and assets and ability to pay bills. Unlike other types of bankruptcy, Chapter 13 involves you restructuring your debt with a three to five-year repayment plan. The flexibility of this repayment plan will depend on what property you want to keep. How steady your income is will also be a factor. It may also allow you to have some or most of your debts discharged.
According to Michigan Bankruptcy Law, chapter 13 is generally used to protect homes from foreclosure, pay back taxes, and to stop interest from accruing on your account. You can also use Chapter 13 to make up missed car payments, and even protect certain non-exempt items from seizure. It is predominantly used to protect items that have equity but do not fall under the exemptions in Michigan.
The Bankruptcy Process in Michigan
There is never an ideal time to declare bankruptcy. However, if you are unable to pay off what you owe within five years, filing for bankruptcy can help you to lessen the negative impact on your situation. As well, it can help you get back on track.
In Michigan to begin the filing process, gather all of your financial records, including monthly expenses, debts, assets, and annual income. This information is crucial to give the courts an accurate picture of your circumstances. Failure to provide all necessary information can result in your petition being denied.
A thorough rundown of the bankruptcy process in Michigan is provided by the U.S. Courts. You’ll need to determine if bankruptcy can erase your debt. As well, you should know which type of bankruptcy will be most beneficial to your set of circumstances. After you’ve discovered if you qualify for bankruptcy you’ll find out what property you can exempt and stop paying any qualifying debts. You’ll also need to take a credit counseling class. An experienced Michigan attorney can almost certainly help ease the burden of this process.
Michigan exemptions allow you to protect both your home and your automobile if you have equity in them. You can also protect clothing, furniture, and jewelry up to $625 per item, at a total value of $4,050. In addition, tax-exempt pensions, insurance, and public benefits can also gain protection.
At least six months before filing for bankruptcy, focus on cutting unnecessary expenses and avoid increasing balances on your credit accounts. Additionally, you must complete an approved credit counseling course, typically available online or over the phone. This course is designed to enhance your financial literacy and help you build better money management habits. Upon completion, you’ll receive a certificate to include with your bankruptcy filing. Without this certificate, the court will reject your petition, so it’s a step you cannot afford to overlook.
Work With an Experienced Michigan Lawyer
Hiring a local bankruptcy lawyer in Michigan during this process can help reduce the costly risks of self-representation in court. An experienced bankruptcy lawyer understands state and federal bankruptcy laws. He or she can help you know which laws apply to your case, especially which debts that can be discharged or can’t be discharged. An experienced Michigan attorney can also offer you guidance to improve the outcome of your case.
Keep in mind that there are debt management alternatives and financial resources that may benefit you more than bankruptcy, such as debt consolidation. Though bankruptcy is an attractive solution, it is best as a last resort. Do you need immediate help? Then one of our experienced lawyers in Michigan can guide you through the entire bankruptcy process. We can even help you connect with an attorney across Michigan state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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