Monthly Archives: September 2009

My Bankruptcy Hearing: What Should I Wear?

When you file bankruptcy in Detroit, you have decisions to make. Do you file a Chapter 7 bankruptcy or file a Chapter 13? Will you keep property (like your house or car), or will you surrender it? Are there special issues in your bankruptcy case that need to be addressed?

You probably won’t think of what you’ll wear to your bankruptcy hearing until a day or two before the hearing. And while there are rules about other bankruptcy issues, there really aren’t any concerning what you should wear to your hearing. As with most other decisions you make, use good judgment. Here are some things to keep in mind when you make this decision:

  • While you are going to court, the judge will not be present. Instead, a bankruptcy trustee appointed by the United State Trustee’s Office (a division of the Department of Justice) will preside over your hearing. This isn’t as formal as testifying before a judge or jury.
  • You are in bankruptcy. You have financial problems. Overdressing, while not prohibited, looks a bit odd. Coming in a suit and tie, for example, is a bit over the top. Let you lawyer be the one in the suit.
  • You are in bankruptcy. You were required to list all of your assets on your bankruptcy paperwork. That includes jewelry. I’ve seen trustees cross-reference a debtor’s personal property schedules with what’s on a woman’s hand. If there’s a large diamond engagement ring on her hand but not on her bankruptcy schedules, most trustees will notice. Note: I am not telling you to hide anything. I am telling you that you should notify your attorney immediately if you forgot to list property on your schedules. And wearing jewelry you didn’t list on your schedules is a really bad idea.
  • You want to show respect to the court, but, at the same time, blend in. There’s a happy medium between dressing like you’re going to work in the yard all day long and dressing like you are going to a funeral. Pick something somewhere in the middle. You don’t want to look like a slob, but you don’t want to look affluent, either.
  • Don’t dress immodestly. You’re not at the beach or at a night club. Again, the goal is to blend, not to stick out (pardon the pun).

 The goal at your hearing is to show respect while, at the same time, not look out-of-place. While what to wear to your bankruptcy hearing isn’t one of the more important issues in your case, it still deserves some attention. Don’t put unnecessary obstacles in the way of your bankruptcy case being a success.

Written for the Michigan Bankruptcy Blog by Charleston Bankruptcy Lawyer, Russell A. DeMott.

To schedule a free, initial consultation with Detroit, Michigan-area bankruptcy attorney John Hilla, contact jhilla@aronofflinnell.com or (248) 977-4182.

Can I Be Fired for Declaring Bankruptcy?

Employers may not discriminate against employees who have filed for bankruptcy under Section 525 of the Bankruptcy Code. This applies to either private employers or governmental employers under different sub-sections of 525, but, in either case, employers cannot discharge, fire, or otherwise discriminate against employees who have filed for Chapter 7 or Chapter 13 bankruptcy. (This is, by the way, the same section of the Bankruptcy Code that forbids lenders from denying student loans to applicants on the basis that they have declared bankruptcy.)

Therefore, if your current employer discharges you because you have declared bankruptcy, that employer is in violation of Federal law. However, any action taken against filing employees must be demonstrably related to the bankruptcy. If this can be proven, an employee who was suffered workplace discrimination may have a private cause of action.

What is less cut-and-dry is the denial of employment by prospective employers. When applying for a new job, many potential employers these days request your authorization to pull and inspect your credit-report. This section of the Bankruptcy Code has been interpreted by courts to apply generally only to current employers and not prospective employers.

If you are seeking a Detroit-area Michigan bankruptcy attorney with whom to discuss your situation, please contact me at jhilla@aronofflinnell.com or (248) 977-4182 to schedule a free, initial consultation.

How Is My Mobile-Home Handled in a Chapter 7 Bankruptcy?

Mobile or manufactured housing is handled roughly the same way non-mobile housing is handled in a Chapter 7: it is property that is possibly securing debt the same way a standard mortgage or even car loan does and is likewise property that may be foreclosed upon if payments for the debt that it secures fall behind. The difference is, naturally, in the possibility that this particular type of home may, as its name implies, be mobile.

In a bankruptcy filing, the question for any real estate is whether it does or does not qualify for the homestead exemption available under the Federal Bankruptcy Exemptions and under most state bankruptcy exemptions to varying degrees. For a mobile home as with any home, the question is whether or not the home is the filing debtor’s primary residence. That is, does the debtor actually live in the property at the time the petition is filed? If so, any equity in the mobile home is likely covered by the homestead exemption just as with non-mobile real propety that is the debtor’s primary residence. 

A further underlying issue with regard to mobile homes is whether the debtor also owns the underlying land upon which it sits. If so, a certain percentage of this land in combination with the mobile home itself is covered by the homestead exemption. If the underlying land is rented rather than owned, then it is the mobile home alone that is valued and exempted in the bankruptcy petition, while the land must be disclosed on the bankruptcy petition as the subject of an executory rental agreement, much like an apartment. It is important, therefore, to give your attorney all of the information he or she requires to determine your level of ownership in the property so that the various components—mobile home and the underlying land upon which it sits—are both valued properly and in the right amounts and listed properly in the bankruptcy petition.

Further, the manner in which the mobile home is listed in the bankruptcy petition may depend upon such details as whether or not the wheels have been removed from the mobile home. (State law governs this determination, generally).

If you have questions about your mobile or non-mobile home and how it might be handled in the bankruptcy process, please contact me at jhilla@aronofflinnell.com or (248) 977-4182 to schedule a free, initial consultation. Together, we’ll work out the best strategy to protect and preserve your home.