Livonia Michigan Bankruptcy - Michigan Bankruptcy Blog

Livonia Michigan Bankruptcy

Michigan Bankruptcy Blog

Archive for February, 2012

“D” is for the Do’s and Don’ts of Bankruptcy

Posted by Peter Behrmann, Esq. On February 29th

What YoMichigan Chapter 7 and Chapter 13 Bankruptcy Do and Dont'su Should Do If You Are Going to File for Bankruptcy

  • DO Stop using ALL credit cards and other charge accounts.  If you were to max out your credit cards, or purchase luxury items before filing bankruptcy this debt may be held non-dischargeable in bankruptcy.

 

  • If you want to keep your house or car, DO PAY your house or car payments on time.

Remember: not paying will likely cause creditors to call and collect from you.  If your behind on your car and home payments we may be able to help you get current through a Chapter 13 Bankruptcy. 

 

  • If you DON’T want to keep your house or car (and you are sure), stop paying your house or car payments.

Good News:  You will have more available cash. Bad News:  Creditors may start repossession or foreclosure.

 

  • DO Open a new checking and savings account at a bank where you don’t owe any money.  This is to prevent your current bank you owe money to from taking your money.

 

  • DO Stop paying all credit card and charge accounts.

Good News:  You will have more available cash. Bad News:  Creditors will call and try to collect from you.

  • DO Pay for food, insurance, utilities, rent, and other things you want to keep or use.

 

  • DO NOT PAY BACK any relatives or close friends you owe money to before filing bankruptcy.

*Pursuant to the bankruptcy code, the Bankruptcy Trustee can sue them for the money you pay them, you are not doing them any favors by paying them.

 

  • DO NOT TRANFER ANYTHING (Real-estate, cars, bank-accounts, etc) to others prior to bankruptcy.

Leaving everything the way you have it is your best option!

 

  • DON’T HIDE INFORMATION FROM YOUR BANKRUPTCY ATTORNEY If you’re hiring me to be your bankruptcy attorney, tell me everything!

* Keep in mind your realtor/accountant/car salesman/ friend is probably not your best source of information about bankruptcy, let me advise you correctly. 

 

 

Chapter 7, Chapter 13 Bankruptcy is all I do!

 

Peter Behrmann is a Michigan bankruptcy attorney. From my Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

 

Photo Credit: TooFarNorth

 

Other Bankruptcy Attorneys Blogging on the Letter “D”:

  • Debt Relief Agency – Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein 
  • Debtor – New York Bankruptcy Lawyer, Jay S. Fleischman   
  • Debtor – Taylor Michigan Bankruptcy Lawyer, Christopher McAvoy 
  • Declaring Bankruptcy – Wisconsin Bankruptcy Lawyer, Bret Nason
  • Deconsolidate – Nebraska Bankruptcy Attorney, Ryan D. Caldwell
  • Deed in Lieu of Foreclosure – Kansas City Missouri Bankruptcy Attorney, Rachel Lynn Foley           
  • Discharge – Northern California Bankruptcy Lawyer, Cathy Moran       
  • Discharge – Los Angeles Bankruptcy Attorney, Mark J. Markus 
  • Discharge – Kona Bankruptcy Attorney, Stuart Ing         
  • Discharge – Daniel J. Winter, Chicago Bankruptcy Attorney           
  • Disclose – Marin County Bankruptcy Attorney, Catherine Eranthe 
  • Disclosures – Colorado Springs Bankruptcy Attorney Bob Doig
  • Divorce – Jacksonville Bankruptcy Attorney, Monica D. Shepard           
  • Do’s and Don’ts – San Francisco Bankruptcy Attorney, Jeena Cho   
  • Documents – Philadelphia Bankruptcy Lawyer, Kim Coleman      
  • Domestic Support – Philadelphia Suburban Bankruptcy Lawyer, Chris Carr           
  • DUI, DWI, OVI – Cleveland Area Bankruptcy Lawyer Bill Balena      
  • Discharge  – Los Angeles Bankruptcy Law Monitor, Christine A. Wilton           
  • Domicile – Miami Bankruptcy Attorney, Dorota Trzeciecka 
  • Dischargeable Debt – Chicago Bankruptcy Attorney, Kyle A. Lindsey   

“C” is for Creditors

Posted by Peter Behrmann, Esq. On February 23rd

"C" is for Creditor, Livonia Michigan Bankruptcy AttorneyThe underlining reason anyone has to file bankruptcy is their Creditors.  Creditors come in various forms including by not limited to:

  • Credit Cards (Visa, America Express, Discover, Target, etc.)
  • Payday Loans  (Cash Advances)
  • Medical Bills  (Dr’s, Dentists, Vet Bills)
  • Mortgages (First, Second, and Home Equity Lines)
  • Car Lenders (Ford, Ally, TD Auto, Credit Acceptance, etc.)
  • Back Utilities (DTE, Consumers, AT&T, Comcast, etc.)
  • Personal Guarantees  (Business Debts, Co-Signing for someone else)
  • Internal Revenue Service (Tax Debt)
  • State of Michigan (Tax Debt, Drivers Responsibility Fees)
  • Family Members (Personal Loans)
  • Student Loans (They do not go away, but they still have to be listed!)
  • Ex-spouses  (Alimony and Child Support Obligations)

This by no means is an inclusive list, but the important part is that you tell your bankruptcy attorney about EVERYONE who is a creditor to you, so your attorney can properly advise you on your situation.  Some debts will not go away by you filing bankruptcy (Student Loans, Child Support, etc) but you still have to list them in your bankruptcy filing.

Further, the bankruptcy code requires you to fully disclose EVERY creditor you have.  This includes people you want to continue to pay and people you want to get rid of.  A common example of this is “I want to keep my car, home or loan I owe my brother out of my bankruptcy.”  My answer is always the same.  “The Bankruptcy code requires you to list everyone you owe money to on your bankruptcy petition, you then have to sign this bankruptcy petition under penalty of perjury, we have to list everyone!”

Now just because you listed your home, your car or your brother does not mean you cannot pay them back, or keep your home or car.  For homes, you simply continue paying the mortgage if you want to keep the home.  For cars, we will have you sign a reaffirmation agreement reaffirming the loan.  For your brother, you can pay him back, just as you can pay Visa back one day if you really want too.  The important part is that you list all of your Creditors and follow the bankruptcy laws. 

Peter Behrmann is a Michigan bankruptcy attorneyFrom my Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

 

Photo Credit  TooFarNorth

Other Bankruptcy Attorneys Blogging on the Letter “C”

  • Cars – San Francisco Bankruptcy Attorney, Jeena Cho
  • Chapter 7 – Marin County Bankruptcy Attorney, Catherine Eranthe
  • Chapter Choice – Ormond Beach, Florida Bankruptcy Attorney, Lewis Roberts
  • Chapter of Relief – Taylor Michigan Bankruptcy Attorney, Christopher McAvoy
  • Collection Agencies – Jacksonville Bankruptcy Attorney, Monica D. Shepard
  • Competence and Compassion – Philadelphia Suburban Bankruptcy Lawyer, Chris Carr
  • Congress – Los Angeles Bankruptcy Law Monitor, Christine A. Wilton
  • Conversion – Nebraska Bankruptcy Attorney, Ryan D. Caldwell
  • Cosigner – Cleveland Area Bankruptcy lawyer Bill Balena
  • Counseling – Northern California Bankruptcy Lawyer, Cathy Moran
  • Cramdown – Colorado Springs Bankruptcy Attorney Bob Doig
  • Cramdown – Oahu Bankruptcy Attorney, Stuart Ing 
  • Cramdown – Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
  • Credit Card Tips – Wisconsin Bankruptcy Lawyer, Bret Nason
  • Credit Counseling – Chicago Bankruptcy Attorney, Kyle A. Lindsey  
  • Credit Counseling – Los Angeles Bankruptcy Blog, Mark J. Markus
  • Credit Counseling – Daniel J. Winter, Chicago Bankruptcy Attorney
  • Creditor – New York Bankruptcy Lawyer, Jay S. Fleischman
  • Creditor – St. Clair Shores MI Bankruptcy Attorney, Kurt O’Keefe
  • Creditors Meeting – Bankruptcy Attorneys Coleman and Kempinski          
  • Costs – Miami bankruptcy Attorney, Dorota Trzeciecka    

“B” is for Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

“B” is for Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Maybe you have seen the advertising by some bankruptcy attorneys that say “Yes, you still can file for bankruptcy!” This advertising was the result of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) that convinced a lot of people that bankruptcy was no longer going to be available to them. The changes to the bankruptcy law by BAPCPA were put into place by banking lobbyists to make filing for bankruptcy more difficult, but not eliminating the option of bankruptcy altogether. Some of the major changes include:

The Means Test

The largest change to the Bankruptcy code was the implementation of a new “means test” to determine whether a debtor is eligible for chapter 7 (liquidation) or must file under chapter 13 (wage-earner repayment plan). Basically in Michigan if you are single and earn over $43,677, or if your household size is two and earn over $50,079, for a household size of three the number is$58,467, and $70,237 for a household size of four, you may not be able to file for chapter 7 bankruptcy instead you may have to seek Chapter 13 relief. It’s important to note that these numbers are updated periodically and are based on the States median income by family size. You are also allowed deductions based upon your mortgage payments, car payments, Child support and other variables that can still make you eligible for Chapter 7 relief even if your income is higher than the state median income.

Credit Counseling / Debtor Educations Classes

The BAPCPA also now requires you to take one credit counseling class prior to filing bankruptcy, and one debtor education class prior to you receiving your bankruptcy discharge. These classes take about two hours and can be completed online, or over the phone, from the privacy of your own home.

Waiting Period between Chapter 7 Filings

BAPCPA changed the waiting period between Chapter 7 bankruptcies to 8 years. Prior to BAPCPA, people could seek Chapter 7 Bankruptcy protection once every 6 years. The waiting period is filing date to filing date. So if you filed for Chapter 7 bankruptcy on October 16, 2005 (The last day to file pre-BAPCPA) you will once again be eligible to file Chapter 7 Bankruptcy on October 17, 2013.

In summary, BAPCPA has simply created several road blocks for you to navigate through to receive a Chapter 7 Bankruptcy or may make the Chapter 13 Bankruptcy the best option available to you, but BAPCPA has not eliminated Bankruptcy from being a viable option to give you a fresh start.

Peter Behrmann is a Michigan bankruptcy attorney.  From my Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

Photo Credit: TooFarNorth

Other Bankruptcy Attorneys Blogging on letter “B”:

“A” is for Automatic Stay

Posted by Peter Behrmann, Esq. On February 16th

“A” is for Automatic Stay, Livonia Michigan Bankruptcy AttorneyThe Automatic Stay is one of the most powerful tools in bankruptcy.

In most situations, the actual filing of the bankruptcy case itself automatically stays collection and other actions against the debtor, the debtor’s property, and codebtors.  This means that by simply filing a Chapter 7 or Chapter 13 Bankruptcy we can immediately stops foreclosures, garnishments, lawsuits, and any other collection activity.

Your creditors are all mailed a notice making them aware that they cannot take the following actions against you:

  • “Prohibited collection actions against the debtor and certain codebtors are listed in Bankruptcy Code §§ 362 and §§1301. Common examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor; repossessing the debtor’s property; starting or continuing lawsuits or foreclosures; and garnishing or deducting from the debtor’s wages.”

If your creditors ignore the automatic stay, they can be penalized and liable for damages to you!

We use the Automatic Stay in a Chapter 13 bankruptcy to save our clients homes from foreclosure, to save a car that had been repossessed, and to simply help our clients get back on their feet.

It is important to note that under certain circumstances, the automatic stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay.

Peter Behrmann is a Michigan bankruptcy attorney. From my  Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

Photo Credit:  TooFarNorth

Other Bankruptcy Attorneys Blogging on letter “A”:

  • Abandonment – New York Bankruptcy Lawyer, Jay S. Fleischman
  • Abuse – Wisconsin Bankruptcy Lawyer, Bret Nason
  • Advantages –  Columbus, Ohio Bankruptcy Lawyer, Athena Inembolidis
  • Adversary Proceeding – Philadelphia Bankruptcy Lawyer, Kimberly Coleman
  • Alimony – Philadelphia Suburban Bankruptcy Lawyer, Chris Carr           
  • Application – Lakewood, CA Bankruptcy Attorney, Christine A. Wilton
  • Arrest – Cleveland Area Bankruptcy Attorney Bill Balena
  • Ask – San Francisco Bankruptcy Attorney, Jeena Ch
  • Assets – Hawaii Bankruptcy Attorney, Stuart Ing         
  • Assets – Jacksonville Bankruptcy Attorney, Monica D. Shepard
  • Assets – Marin County Bankruptcy Attorney, Catherine Eranthe        
  • Assets – Richmond Bankruptcy Attorney, Mitchell Goldstein           
  • Assume – Northern California Bankruptcy Lawyer, Cathy Moran        
  • Assumption – Los Angeles Bankruptcy Lawyer, Mark J. Markus    
  • Assumption – Taylor Michigan Bankruptcy Attorney, Christopher McAvoy
  • Assumptions – Newnan, Georgia Bankruptcy Lawyer, Rick Palmer 
  • Attorney – Law Offices of Daniel J. Winter         
  • Automatic Stay – Chicago Bankruptcy Attorney, Kyle A. Lindsey 
  • Automatic Stay – Connecticut Bankruptcy Lawyer William E. Carter           
  • Automatic Stay – Nebraska Bankruptcy Attorney, Ryan D. Caldwell           
  • Automobiles – Colorado Springs Bankruptcy Lawyer Bob Doig   
  • Avoidance – Ormond Beach Bankruptcy Attorney, Lewis Roberts
  • Amendment – Miami Bankruptcy Attorney, Dorota Trzeciecka           
  • Abuse –  Pittsburgh Bankruptcy Attorney, Shawn N. Wright    
  • Address – Tuscaloosa and Birmingham Bankruptcy Lawyer, Melinda Murphy Dionne
  • Attachment – Vermont-New Hampshire Bankruptcy Lawyer, Michelle Kainen   

Livonia Michigan Bankruptcy Attorneys

Posted by Peter Behrmann, Esq. On February 14th

Phoenix Law is a husband and wife run law firm where you will deal with experienced attorneys that practice exclusively in the field of bankruptcy. The staff at Phoenix Law is friendly efficient and qualified to guide you through this difficult and emotional process. Give us a call today to schedule your free initial consultation where you will meet one on one with an attorney (not a paralegal like so many other firms.)

At this consultation we will advise you if bankruptcy is a viable option or if other options may be available for you. You will also find that our fees are very reasonable and further we offer flexible payment plans to assist you throughout this process. Phoenix Law also offers evening and weekend appointments that will work with your schedule. Give us a call today for a free confidential consultation.