Category Archives: Exemptions

How Is My Family Pet Treated in Bankruptcy

Pets must be listed and valued along with the rest of your property and assets in a Chapter 7 or Chapter 13 bankruptcy petition—but so can the expense related to the pet ownership, which can be advantageous.

Click here to read more about pets in bankruptcy on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

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

What Happens in a Chapter 7 Bankruptcy if All of My Property Isn’t Exempt?

 The question of what happens in the Chapter 7 Bankruptcy process when a filing debtor’s property is NOT fully protected by the available bankruptcy exemptions is a very basic question—but the answer to that question is not one that will be easily located in any bank of public information on the subject.

Click here to read more about non-exempt property in Chapter 7 bankruptcy on the new Michigan Bankruptcy Blog of The Hilla Law Firm, PLLC.

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

In Chapter 7 Bankruptcy, Can I Protect Life Insurance Proceeds Already Received?

Life insurance proceeds already received prior to the filing of a Chapter 7 bankruptcy petition can be protected to the extent that they are reasonably necessary for the support of the bankruptcy filer, or their dependents.

Click here to read more about life insurance funds in Chapter 7 bankruptcy on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

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

Michigan Bankruptcy Exemptions Found Constitutional by the Sixth Circuit

An important new decisionRichardson v. Schafer, was handed down this week by the Sixth Circuit Court of Appeals finding that Michigan’s bankruptcy exemptions are, in fact, Constitutional, contrary to the arguments made by Western District of Michigan Chapter 7 Bankruptcy Trustee Thomas Richardson.

The argument centered on Michigan’s state bankruptcy exemption scheme, and, in particular, on the homestead exemption, which allows $30,000 of equity in a person’s primary residence to be exempted (that is, protected from liquidation/sale by the Chapter 7 bankruptcy Trustee), or up to $45,000 if the homeowner filing for bankruptcy is over the age of 65.

Alternatively, the Federal exemptions allow a homestead exemption of just(currently) $21,625.00.

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If I Own my Home Free and Clear, Will I Lose it in a Chapter 7 Bankruptcy?

If you own your home free & clear of any mortgage lien, a Chapter 7 bankruptcy may be a risky process for you, and a Chapter 13 bankruptcy may be a safer form of debt relief for you.

Click here to read more about protecting your home from liquidation in a Chapter 7 bankruptcy on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

If you are a southeastern Michigan resident interested in filing for bankruptcy, please feel free to call me at (866) 674-2317 or email me at john@hillalaw.com to schedule a free, initial consultation.

Can I Retain a Social Security Disability Benefit Payment in a Chapter 7 Bankruptcy?

The extent to which a Social Security Disability payment or settlement can be exempted and protected in Chapter 7 bankruptcy depends greatly upon where your bankruptcy was filed, what the case-law of that jurisdiction is, and whether you have already received the payment or are just expecting it at the time that you file your Chapter 7.

Click here to read more about social security disability settlements in Chapter 7 bankruptcy on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

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

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

Death during a Chapter 7 or Chapter 3 Bankruptcy will not automatically stop the bankruptcy case. Strange as it may sound, further steps are required, and, in some cases, it may be best to continue the case even after an unfortunate passing.

Click here to read more about death during bankruptcy on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

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