DETROIT BANKRUPTCY COURT This is it! Home of the Detroit, Michigan bankruptcy court. Nothing marking it other than the address: 211 West Fort. The initial, usually, only, court date is held here on the third floor, for both Chapter 7 and Chapter 13 creditor meetings, or, 341 hearings. Well, for certain counties in the Eastern…
Category Archives: Chapter 7 bankruptcy
What Happens If I Get A Judgment Against Me?
“I am being sued by capital one for a credit card debt…I’m unemployed…will I still have to pay if I lose in court?” Someone posted this question to me. I never know what the enemy may do, but, here are the possibilities: So here comes the long winded answer about money judgments in St. Clair…
Credit Cards Are NOT The Problem
Credit cards are neither good nor bad; they have no intrinsic moral quality. Just like a baseball bat; depends how you use it. Hit a home run? Cool. Break someone’s head? Not so much. Yes, that one is subjective. It is possible to use credit cards without going overboard, pay the balance every month, get…
What Is A Chapter 7 No Asset Report?
No, it does not mean you have no property, that you lost everything by filing Chapter 7. Actually, it means that the trustee found no assets to be liquidated for the benefit of creditors. Which is a good thing, you keep everything you had before you filed. Subject to paying any liens on the property,…
The Truth About Michigan Bankruptcy Petition Preparers
In the Eastern District of Michigan Bankruptcy Court, Detroit, ten percent of the Chapter 7 cases filed are by people without attorneys. Many of the bankruptcy petition preparers abuse the process. First, they charge more than allowed. All of the Judges in the Eastern District of Michigan Bankruptcy Court have signed an order limiting bankruptcy…
The House Payment In Bankruptcy Story
What can I keep paying for if I file bankruptcy? What bills do I have to stop paying if I file bankruptcy? These are common questions I get from people. Too much to cover in one post, so more later. First, let’s discuss mortgage payments. In chapter 7, if you want to keep your house,…
The Truth About Bankruptcy And Forgiveness Of Debt Income
DISCLAIMER: NOTHING IN THIS POST IS MEANT AS TAX ADVICE, CONSULT A PROFESSIONAL I was shocked to hear that some of my clients were about to pay income tax because of 1099-C forms received on rental properties they had abandoned. Being my clients, they had already filed Chapter 7 and received discharges. Which means, no…
Did You Reaffirm Your Mortgage?
I saw something in Court a couple of weeks ago that I see all too often, a lawyer asking a Judge to allow the Chapter 7 bankruptcy debtor toreaffirm a mortgage. This case involved a second mortgage, and the debtor had already reaffirmed the first mortgage. Malpractice! Yikes, I wonder what people are thinking. Reaffirmation…
Rescinding Reaffirmation
Reaffirming is the only way to remain liable on a debt that is otherwise dischargeable in a Chapter 7 bankruptcy. At least in Michigan, signing a reaffirmation agreement is never a good idea, unless the bank is changing the terms to your advantage. If you keep up the taxes and insurance, and make the payments,…
