Category Archives: Real Estate

Why Reaffirming Mortgages Is a Very Bad Idea

Guest Post by Michael Goldstein, attorney in Massachusetts.

You are in a Chapter 7 bankruptcy to eliminate your overwhelming debt, not to put yourself back on the hook for it.

Click here to read more about why reaffirming mortgages is a very bad idea in a guest post by Massachusetts Attorney Michael Goldstein on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

 

 

Can I File a Chapter 13 Bankruptcy if I Am Not Eligible for a Discharge?

A Chapter 13 bankruptcy filing can still be useful even if you are not eligible for a discharge of the unpaid balance of debt remaining at the end of the Chapter 13 payment plan due to a prior bankruptcy filing in order to force creditors into a Federal court-enforced payment plan at 0% interest. This is particularly useful when it comes to student loan and other non-dischargeable debt.

Click here to read more about filing Chapter 13 bankruptcy even if not eligible for discharge 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 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.

Is my Mortgage Payment Too High for Chapter 7 Bankruptcy in Michigan?

Whether a mortgage payment is too high for Chapter 7 bankruptcy is a question that will affect an extreme minority of potential Chapter 7 cases, but, when it does, it pays to have the facts available and to have an understanding of who is examining what in your case to make the “too high” determination.

Click here to read more about high mortgage payments and 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 us at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

Can I Pay Back-Rent in a Chapter 13 Bankruptcy Plan?

Back rents can be repaid in full in a Chapter 13 bankruptcy in order to stop an eviction and preserve your right to remain in rental housing.

Click here to read more about back rent in Chapter 13 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 feel free to contact me at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

Will Bankruptcy Discharge my Condominium Association Fees?

Past-due condominium dues and fees owed at the time of filing of a Chapter 7 or Chapter 13 bankruptcy petition in Michigan will be discharged by the bankruptcy just like any other credit card or medical debt. However, you will be required to pay ongoing dues from the date of filing of the bankruptcy petition forward, through the point at which you are no longer the legal, titled owner of the property. That is, after a full foreclosure of the property by the mortgage-holding bank after the bankruptcy.

Click here to read more about condo association dues in 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 us at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.