Tag Archives: Chapter 7

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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Can I Discharge Michigan Driver’s Responsibility Fees with Chapter 7 Bankruptcy?

Michigan’s driver responsibility fees are an egregiously expensive form of “administrative” punishment for those who have committed driving-related offenses that are separate from criminal penalties or fines assessed as part of a criminal sentence for an offense and separate from crime victim compensation or REPARATIONS. These fees, which are assessed after a Michigan driver receives 7 points or more against his or her license, if not paid within 30 days of assessment, can result in the loss of driving privileges. The amounts vary from offense to offense and can increase greatly if the amount owed becomes seriously delinquent.

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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.

What is a Contingent Claim and Can I Exempt One in Chapter 7 or Chapter 13 Bankruptcy?

All assets must be disclosed in your bankruptcy petition—even assets you may not receive or which may not have value until some other event occurs in the future. Such assets are “contingent,” but they are still assets.

Click here to read more about contingent claims in 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 john@hillalaw.com to schedule a free, initial consultation.

Bankruptcy and Your Facebook Account: How Safe Is It?

Although I have not seen this happening much, so far, in the Eastern District of Michigan, where I practice as a bankruptcy lawyer, some of my colleagues around the country are reporting that Chapter 7 bankruptcy Trustees are beginning to review and to ask questions about debtors’ Facebook accounts. In some extreme cases, Trustees have reportedly requested debtors’ user-names and passwords at the 341 Meeting of Creditors hearing that occurs in the Chapter 7 bankruptcy process.

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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.

Can I Still Make Charitable Contributions or Tithe in Bankruptcy?

A monthly expense dedicated to regular and documented charitable giving or tithing is an allowed expense under the US Bankruptcy Code.

The effects of this allowance will vary depending on whether your are filing Chapter 7 or Chapter 13, and, depending upon the size of the expense, you may encounter skepticism from US Trustees or Chapter 13 Trustees in the bankruptcy process.

Click here to read more about charitable giving and tithing in 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 john@hillalaw.com to schedule a free, initial consultation.