New Means Test Numbers for Michigan for May 1, 2012

As of May 1, 2012, the Federal US Trustee Program is again updating their means test household median income numbers for Michigan. The news is good for prospective Chapter 7 Bankruptcy filers as the median incomes for households of various sizes have increased slightly—meaning that you can earn a little more money than previously and still be eligible for Chapter 7.

  • Household of 1: $45,056.00
  • Household of 2: $51,660.00
  • Household of 3: $60,313.00
  • Household of 4: $72,454.00

(Add $7,500.00 to median for every household member over 4.)

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact me at john@hillalaw.com or (866) 674-2317 to schedule a free, initial consultation.

What Are the Tax Consequences of a Short Sale?

First off, I am not a CPA—or even a tax attorney. However, a large number of potential clients who visit me to inquire about the advantages of bankruptcy relative to those of a short sale (or outright foreclosure walk-away) when distressed real estate is their primary concern have not realized that there may be tax-related disadvantages to the short sale of a property or walking away via foreclosure.

Indeed, there can be.

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Do I Need to Keep Paying Homeowners’ Insurance after I Surrender my Home in Bankruptcy?

One of the primary reasons that people are filing for bankruptcy these days is to let go of and truly walk away from real estate that is significantly underwater or in foreclosure. Bankruptcy is in nearly all cases a vastly more cost-effective and time-efficient means of walking away from a home than is a short sale in which homeowners must negotiate with and often pay off lenders to get their agreement on the sale (not to mention the tax liability that short sales can leave them with!), and it is certainly more effective than simply letting a house go to foreclosure, which, particularly here in Michigan, can result in potentially huge “deficiency debts” to the mortgage-holding bank.

However, the surrender of a home in bankruptcy, which requires no negotiation with creditors or banks, incurs no tax liability, and leaves you free from worry over collections for deficiencies owed, unlike short sales, does not instantly immunize a homeowner from all costs associated with the property. Until the home is, per the deed or title filed with the register of deeds for the county in which the home sits, no longer titled to the homeowner, there will remain some costs: insurance and maintenance, primarily.

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Support Senator Durbin’s Fairness for Struggling Students Act of 2011

Sen. Richard Durbin (D-Il) has introduced new legislation, S. 1110, The Fairness for Struggling Students Act of 2011. This legisltation would re-introduce the possibility of a discharge in bankruptcy for private student loans, which have become one of the largest debt burdents not just on American students but also on American taxpayers at large.

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Does the Death of a Debtor Stop a Chapter 7 or Chapter 13 Bankruptcy Case?

It may sound logical that, if you pass away after filing a bankruptcy case, your banrkutpcy proceeding will terminate along with you. This is not so, however. A bankruptcy case will continue after the death of a filing debtor in either a Chapter 7 or a Chapter 13 context, though there are steps your attorney might take to either shepherd the case through to a successful, post-mortem discharge or to terminate or dismiss the case, if necessary.

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Business Debt and the Chapter 7 Bankruptcy Means Test

There are some significant advantages in Chapter 7 Bankruptcy to having “mostly” business or non-consumer debt. I have previously written about the dischargeability of business debts and the valuation of small businesses on this blog, but I have not previously discussed the primary advantage of having a so-called “non-consumer” Chapter 7 bankruptcy case: the waiving of the requirement of passing the Chapter 7 Means Test for Chapter 7 eligibility.

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Are Property Taxes Priority Debts in Bankruptcy?

In Chapter 7 or Chapter 13 bankruptcy, debts are classified according to certain categorizations established by the Federal Bankruptcy Code: administrative, secured, priority unsecured, and unsecured. These classifications are especially important in Chapter 13 bankruptcies, in which the class of a debt determines in what order and to what extent the debt is paid by the Chapter 13 Trustee through the Chapter 13 payment Plan.

Priority unsecured debts are paid second-to-last in a Chapter 13 Plan, and, in either a Chapter 7 or a Chapter 13 bankruptcy, a “priority” classifications generally means that the debt is non-dischargeable.

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