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Livonia Michigan Bankruptcy

Michigan Bankruptcy Blog

Livonia Bankruptcy Lawyers That Have Helped Thousands Receive a Fresh Start

Posted by Peter Behrmann, Esq. On February 24th

Peter Behrmann and Jeri Behrmann, attorneys at Phoenix Law, one of Metro Detroit’s leading bankruptcy law firms based in Livonia, have helped over a thousand families in and around Livonia receive a fresh start.

Livonia Bankruptcy Attorneys

Husband & Wife Lawyers Focused On You

“We are not one of the large firms the focus on volume, we have always focused on our clients.” Said Peter Behrmann. “We strive to provide personalized service unlike any other firm in the metro Detroit area. At our firm, you will meet directly with myself, we will prepare your petition, and I will go to court with you.” Peter continued. It is important to note that while other large firms advertise that they have filed over 10,000 cases, these cases have been filed by dozens of attorneys over dozens of years. Clients of those firms will get a bankruptcy, but then end up having different attorneys at every meeting and different attorneys at their court hearings. “The fact is having an attorney you have never met before show up to represent you at court really adds to the stress of an already stressful process.” Added Jeri Behrmann. “Our clients enjoy knowing that we will be the ones handling their cases from start to finish.”

Phoenix Law represents clients throughout the Metro Detroit area who are facing Chapter 7 or Chapter 13 bankruptcy as well as those facing foreclosure to prevent it from happening. They also help clients struggling with credit card debt, car repossession, bad investments, and too many medical bills. Phoenix Law has been in business since 2008 and has helped thousands of people get the fresh start they deserve.

ABOUT PHOENIX LAW: From our Livonia, Michigan location, we 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.

2013 FEDERAL TAX REFUNDS IN CHAPTER 13 CASESMoney in Chapter 13

 

It’s tax time and time to remind you of the number one reason most Chapter 13 cases are dismissed without discharge.  The number one reason is because of the failure to submit Federal Tax Returns and Federal Refunds to the Chapter 13 Trustee.  Per your Chapter 13 Plan, you probably required to submit your Federal Tax Return and any Federal Refund you receive to your Chapter 13 Trustee.  Even if you do not receive a Federal Refund, you must submit your Federal Tax Return to the Chapter 13 Trustee.

 

If you have any questions on if you need to send in your 2013 Federal Tax Refund please call us, we will review your case and remind you of your responsibilities.

 

Please see below for the addresses of the Chapter 13 Trustees that service the Detroit area.  If you have any questions or do not remember who your Chapter 13 Trustee is please contact our office.   Our goal is to make sure all of our cases get to discharge, including yours!

 

 

IF YOUR TRUSTEE IS KRISPEN S. CARROLL

 

Please mail a copy of your Federal Tax Return to:

Krispen S. Carroll

719 Griswold

1100 Chrysler House

Detroit, MI 48226

 

Please mail your Federal refund to:

Krispen S. Carroll

PO Box 2018

Memphis, TN 38101-2018

 

Make your payment payable to Krispen S. Carroll.  Make sure to write your Case No. and 2013 Federal Tax Refund on your payment.

 

 

IF YOUR TRUSTEE IS DAVID WM RUSKIN

 

Please mail a copy of your Federal Tax Return to:

David Wm Ruskin

1100 Travelers Tower

26555 Evergreen Road

Southfield, MI 48076-4251

 

Please mail your Federal refund to:

David Wm Ruskin

1593 Reliable Parkway

Chicago, Illinois 60686-0015

 

Make your payment payable to David Wm Ruskin.  Make sure to write your Case No. and 2013 Federal Tax Refund on your payment.

 

IF YOUR TRUSTEE IS TAMMY L. TERRY

 

Please mail a copy of your Federal Tax Return to:

Chapter 13 Trustee-TLT

535 Griswold

Suite 2100

Southfield, Mi 48076

 

Please mail your Federal refund to:

Chapter 13 Trustee-TLT

PO Box 2039

Memphis, Tennessee 38101-2039

 

Make your payment payable to Chapter 13 Trustee-TLT.  Make sure to write your Case No. and 2013 Federal Tax Refund on your payment.

 

 

IF YOUR TRUSTEE IS CARL L. BEKOFSKE

 

Please mail a copy of your Federal Tax Return to:

Chapter 13 Trustee – Flint

400 N. Saginaw Street, Suite 331

Flint, MI 48502

 

 

Please mail your Federal refund to:

Chapter 13 Trustee – Flint

PO Box 2175

Memphis, TN 38101-2175

 

Make your payment payable to Chapter 13 Trustee – Flint.  Make sure to write your Case No. and 2013 Federal Tax Refund on your payment.

 

 

Peter Behrmann is a Livonia 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.

New Michigan Foreclosure Laws – Again!

Posted by Peter Behrmann, Esq. On June 26th

New Michigan Foreclosure Laws – Again!Foreclosure Michigan

 

On June 20th, the State House and Senate approved a package of 4 bills that are again changing the foreclosure process in Michigan.  This has been an ongoing process where the foreclosure process has been changed several times due to “Sunset Provisions” that were included in the prior bills.  “Sunset Provisions” are provisions that have the old law set to expire if changes are not made in the future, so if the legislature does not act, the law will expire.  The first mortgage foreclosure bills change happened in 2009, where the legislature added a provision requiring Mortgage Companies to offer loss mitigation options prior to foreclosing on residential properties.

 

The point of the 2009 change was to prevent mortgage companies from foreclosing for an additional 90 days if you reached out to the mortgage company and requested loss mitigation.  This 2009 provision was due to expire in June of 2011, so through a last moment rush in the state legislature the 2011 changes were proposed, and signed in to law.

 

The 2011 changes again extended the loss mitigation options for two years; however, the banks through their banking lobbyists also forced through additional changes to the foreclosure laws.   First, the banks were able to shorten the redemption on residential property of over 3 acres from 1 year to 6 months.  Second, banks were able to reduce their posting responsibilities under the loss mitigation options, essentially removing the list of people having mortgage trouble from public record.  Lastly, banks requested and received the right to go after the prior owners of property if they were to damage the property in any way prior to leaving.

 

Now, there are the 2013 changes to Michigan’s foreclosure law.  Once again the state legislature waited to the last moment to rush these bills through the legislature.  The reason once again was because the loss mitigation was again going to expire at the end of June if they did not get this done.  Of course with the help and assistance of the banking lobbyists just extending the loss mitigation option was not the only changes that came out of the rush of passing bills before the legislature took their summer vacation.

In credit to the legislature, they made the loss mitigation process a permanent fixture in Michigan foreclosure law and removed the sunset provisions that kept making them make changes every two years.  Also, in credit to the legislature they resisted the pressure from the big banks to change the redemption period from 6 months to 2 months as the banks were requesting.  However, the legislature did make one change that is going to have dramatic change to people going through the foreclosure process.  The bank now gets to periodically inspect both the INSIDE and the OUTSIDE of your home.  If you refuse to let them in your redemption period can be cancelled and full title of the property immediately passes to the bank.    Below is the section the bill that has to these changes:

 

AFTER THE SALE UNDER SECTION 3220 AND PERIODICALLY THROUGHOUT THE REDEMPTION PERIOD, THE PURCHASER AT THE SALE MAY INSPECT THE EXTERIOR AND INTERIOR OF THE PROPERTY AND ALL ANCILLARY STRUCTURES. IF INSPECTION IS UNREASONABLY REFUSED OR IF DAMAGE TO THE PROPERTY IS IMMINENT OR HAS OCCURRED, THE PURCHASER MAY IMMEDIATELY COMMENCE SUMMARY PROCEEDINGS FOR POSSESSION OF THE PROPERTY UNDER CHAPTER 57 OR FILE AN ACTION FOR ANY OTHER RELIEF NECESSARY TO PROTECT THE PROPERTY FROM DAMAGE.  IF A JUDGMENT FOR POSSESSION IS ENTERED IN FAVOR OF THE PURCHASER, THE RIGHT OF REDEMPTION IS EXTINGUISHED AND FULL TITLE TO THE PROPERTY VESTS IN THE PURCHASER.

 

AS USED IN THIS SUBSECTION, “DAMAGE” INCLUDES, BUT IS NOT LIMITED TO, ANY OF THE FOLLOWING:

a)  THE FAILURE TO COMPLY WITH LOCAL ORDINANCES REGARDING MAINTENANCE OF THE PROPERTY, IF THE FAILURE IS THE SUBJECT OF GOVERNMENTAL UNIT.

b)  A BOARDED UP OR CLOSED OFF WINDOW OR ENTRANCE.

c)  MULTIPLE BROKEN AND UNREPAIRED WINDOW PANES.

d)  A SMASHED THROUGH, BROKEN OFF, OR UNHINGED DOOR.

e)  ACCUMULATED RUBBISH, TRASH, OR DEBRIS.

f)  STRIPPED PLUMBING, ELECTRICAL WIRING, SIDING, OR OTHER METAL MATERIAL.

g)  MISSING FIXTURES, INCLUDING, BUT NOT LIMITED TO, A FURNACE, WATER HEATER, OR AIR CONDITIONING UNIT.

h)  DETERIORATION BELOW, OR BEING IN IMMINENT DANGER OF DETERIORATING BELOW, COMMUNITY STANDARDS FOR PUBLIC SAFETY AND SANITATION.

i)  A CONDITION THAT WOULD JUSTIFY RECOVERY OF THE PREMISES UNDER SECTION 5714(1)(D).

 

So thanks to the Michigan legislature you still have your 6 month redemption period; however, you better beware that you will now be subject to random inspections of the INSIDE and OUTSIDE of your home.  If you don’t let them in your redemption period may be cancelled.   You also have to love the above list, so broad and over inclusive that lots of homes could fit into one of the categories listed above.   Lastly, the safety issues associated with you now being required to let a total stranger into your home that you have no idea who they are.  I can only imagine where this is going to go.   We still have to wait and see if the Governor signs these bills, only time will tell.   

Peter & Jeri Behrmann are Livonia Bankruptcy Attorneys.  From our Livonia, Michigan location, we 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. Our practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

Giving to church and filing Chapter 13 Bankruptcy

Posted by Peter Behrmann, Esq. On March 31st

Giving to church and filing Chapter 13 BankruptcyChurch and Bankruptcy

 

Happy Easter!  On this religious day I figured I would post about religious giving in bankruptcy.  Specifically, about giving to your local church and filing Chapter 13 Bankruptcy in Detroit.  I can not count the number of people who have came into my office that their number one concern about filing bankruptcy is whether or not they are going to be able to continue to tithe each week.  In short answer, yes.

 

In a Chapter 13 bankruptcy, we have to make a budget of your average monthly income and average monthly expenses that are reasonable and necessary for you and your family.  In Detroit, the Chapter 13 Trustee’s and the Chapter 13 Judges have consistently let families continue to tithe at the rate they have been giving in the past.  We are able to budget this monthly tithing in your budget and it will in turn decrease the amount of your Chapter 13 payment is each month to your creditors.

 

Now this does not mean that you can suddenly decide to start giving, or suddenly decide to increase your giving level prior to filing bankruptcy.  The bankruptcy process of allowing you to contribute to your church is an option if have been giving in the past. 

 

I have budgeted up to 10 percent for a family that had the records to prove they have been giving 10 percent for their entire life.  We simply provided the bankruptcy trustee with a print out from my clients church showing her contributions over the past two years and the Trustee approved the expense.

 

In short, if you’re having issues making your normal living expenses a lot of people immediately stop giving to church.  However, sometimes the best answer is to meet with me and stop paying your credit cards so you can continue to contribute to your house of worship.

 

Peter Behrmann is a Livonia 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.

Keeping a Car in a Chapter 13 Bankruptcy

Posted by Peter Behrmann, Esq. On September 21st

Keeping a Car in a Chapter 13 Bankruptcy

In a Chapter 13 Bankruptcy, you have a few more options on keeping a car then you do in a Chapter 7 Bankruptcy.  You can use a Chapter 13 bankruptcy to keep a car that you are behind on payments on and/or get a car back that has already been repossessed.  Also, you can lower your car payment to a more manageable payment and even lower the interest rate to a more manageable rate. 

The first thing we look at when you’re looking to keep a car in a Chapter 13 bankruptcy is the basic facts surrounding your vehicle.  We need to know:

  • How much you owe on your car?
  • Who is your vehicle lender? (Ford Credit, Capital One, etc.)
  • What are your monthly payments?
  • What is your interest rate on the vehicle loan?
  • What is your car worth?
  • When did you purchase the vehicle?
  • Have you ever refinanced your vehicle lone?

With the information above we then determine if it makes sense for you to keep your car loan current and paid direct by you.  Or if it would be more beneficial for you to have the Chapter 13 Bankruptcy Trustee make the car payments for you. 

Usually, we decide to have you continue making your car payments directly if you are 100% current on your car loan and have an interest rate of less than 5% on your vehicle.  In these situations, the bankruptcy is most likely not going to save you any money on your car loan and having you continue to make the payments directly will actually cost you less in the long run and provide more money to your other creditors. 

On the flipside, if you have an interest rate more than 5%, you’re not 100% current on your car loan, or you happen to owe more on your car then your vehicle is worth we will most likely make the decision to have your Chapter 13 payment include your vehicle payment.  For example, if you happened to purchase a car through Credit Acceptance or Santander you most likely have a car loan with an interest rate of 19% to 24.99%.  If we have you continue paying your car payment you have to continue paying that high interest rate, where if I have the Chapter 13 Bankruptcy Trustee pay the car payment for you we can modify the interest rate to 5%!  Simply by lowing your interest rate can come with substantial savings to you that we can use to help get your home current, pay back tax bills, or simply pay other unsecured debt that you would not otherwise be able to pay.

Further, if you have purchased your vehicle more than 910 days ago (2.5 years) and you happen to owe more on your car then it is worth, we can go even further and cram down the amount that you owe on your car to the current value of your car.  So if you happen to owe $10,000 on a car loan with an interest rate of 19% and the car is only worth $6,000.  We can modify and cram down your car loan in a Chapter 13 plan to an interest rate of 5% and only pay back your car lender back the $6,000 that you vehicle is worth. 

Peter Behrmann is a Livonia 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, and Foreclosure Prevention.

“Y” is for Years between Bankruptcy Filings

Posted by Peter Behrmann, Esq. On August 6th

“Y” is for Years between Bankruptcy Filings

First things first, 90% of our clients have never filed bankruptcy before.  However, if you have filed bankruptcy in the past it is very important that you understand the years required between Chapter 7 and Chapter 13 bankruptcies.

The first issue to understand is the reason there are limits on the number of times you can file bankruptcy and receive a discharge. The most basic reason is to prevent people from taking advantage of the bankruptcy process.  Bankruptcy is a powerful tool that has helped countless people in times of financial stress, but it is not to be taken advantage of and having time limits in place prevent abuse of the bankruptcy process.

If you have previously filed a Chapter 7 Bankruptcy and wish to file a second Chapter 7 Bankruptcy there must be 8 years between the date you filed your first Chapter 7 to the date of your second filing.   One of the most common misconceptions is that the time frame is 6 or 7 years.  The time frame was extended to 8 years with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. 

If you have previously filed a Chapter 7 Bankruptcy and wish to file a second Chapter 13 Bankruptcy there must be 4 years between the date you filed your first Chapter 7 to the date of your second filing.  

If you have previously filed a Chapter 13 Bankruptcy and wish to file a second Chapter 13 Bankruptcy there must be 2 years between the date you filed your first Chapter 13 to the date of your second filing.   In theory, this time frame will almost never be a factor because most Chapter 13s take longer than 2 years to complete.

If you have previously filed a Chapter 13 Bankruptcy and wish to file a second Chapter 7 Bankruptcy there must be 6 years between the date you filed your first Chapter 7 to the date of your second filing under most circumstances. 

 

Peter Behrmann is a Livonia 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, and Foreclosure Prevention.

Photo Credit: Leo Reynolds

 

Other Bankruptcy Attorneys Blogging on the Letter “Y”:

“W” is for Wage Earner Bankruptcy

Posted by Peter Behrmann, Esq. On July 9th

“W” is for Wage Earner Bankruptcy (Chapter 13 Bankruptcy)

Chapter 13 Bankruptcy is often called “Wage Earner Bankruptcy” is a bankruptcy repayment plan that forces your creditors to settle their debts with you pursuant to Federal law. Chapter 13 forces creditors to settle their debt, stop interest, stop late penalties, and to get your payments on your mortgage or car current. 

Chapter 13 of the Bankruptcy Code is designed to enable individual debtors under Court protection and supervision to apply a portion of future earnings to the payment of a portion of their debts over an extended period of time. You are protected from creditors by an automatic stay while a plan of repayment is developed and carried out. I often use Wage Earner Bankruptcy for people who have fallen behind on their mortgage payment and been turned down for a mortgage modification to help them get current and save their home.  

In a Wage Earner Bankruptcy you have to file with the court a plan to repay your creditors all or part of the money that you owe them, using your future wages. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other budget factors.

After completing the payments under your plan, your debts are generally discharged just as they would be in a Chapter 7 Bankruptcy.  If you have used the Wage Earner Bankruptcy to pay on your home or car, you will come out of the bankruptcy with your mortgage being current and your car being paid off. 

Peter Behrmann is a Livonia 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, and Foreclosure Prevention.

Photo Credit: Leo Reynolds

Other Bankruptcy Attorneys Blogging on the Letter “W”:

 

“U” is for Unsecured Creditor in Bankruptcy

Posted by Peter Behrmann, Esq. On June 29th

“U” is for Unsecured Creditor in Bankruptcy

Unsecured creditors are the lowest creditors in priority in Bankruptcy.  Due to this low ranking in priority, often unsecured creditors will receive nothing, or a very small percent of the amount of money you owe them in Bankruptcy.  For example, secured debt (such as a house or car) and priority debt (such as IRS Tax Debt and Child support) have to be paid 100% before your unsecured creditors even begin to receive a dividend in a Chapter 13 Bankruptcy

 

Examples of Unsecured Debt include but are not limited to:

  • Credit Card Bills
  • Medical Bills
  • Payday Loans
  • Student Loans
  • Mortgage Deficiencies
  • Personal Loans
  • Back Utilities Bills
  • Rent and Lease Deficiencies

The most important thing to remember about your Unsecured Creditors in Bankruptcy is you must list EVERY creditor you have in your Bankruptcy.  You cannot keep a creditor out of Bankruptcy just because you like them and want to keep paying them.  The best advice is to make me aware of every unsecured creditor you have and let me guide you through the Bankruptcy process. 

 

Peter Behrmann is a Livonia 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, and Foreclosure Prevention.

Photo Credit: Ayeupmeduck

Other Bankruptcy Attorneys Blogging on the Letter “U”:

“T” is for Trustee in Bankruptcy

Posted by Peter Behrmann, Esq. On June 19th

T” is for Trustee in Bankruptcy

When you file bankruptcy in Detroit you will have a Trustee appointed to review your case.  There are two different types of “Trustees” that may be in involved in your bankruptcy case, Chapter 7 trustee’s and Chapter 13 Trustee’s.

Chapter 7 Bankruptcy Trustee:

In a Chapter 7 Bankruptcy, the Trustee is appointed by Department of Justice to review your case for accuracy and to the extent possible take any property or assets you have that are not protected by your bankruptcy exemptions and liquidate them to cash for the benefit of your creditors.  Your Chapter 7 Trustee is only paid a small amount of money to review your case, but has the potential to make more money by discovering assets you did not disclose in your bankruptcy, or by liquidating assets that are not protected by your bankruptcy exemptions.  Because of the Chapter 7 Trustee’s responsibilities it is very important that you tell me about any and all assets you have when you are filing Chapter 7 Bankruptcy.

Chapter 13 Bankruptcy Trustee:

In a Chapter 13 Bankruptcy, the Trustee is appointed by the Department of Justice to collect your Chapter 13 Payments during your case and to make payments to your creditors on your behalf.  The Chapter 13 Trustee’s obligation is to your creditors, not to you, so their desire it to have you pay as much possible in to you Chapter 13 Bankruptcy.  Our desire is to have you pay an affordable payment to the Chapter 13 Trustee that offers a fair distribution to your creditors, but allows you ample amount of income to live on and not go further into debt while you are in bankruptcy.    Because of the Chapter 13 Trustee’s responsibilities it is very important that you tell me about all of your sources of income and all of your living expenses for me to create an affordable Chapter 13 repayment plan when you are filing Chapter 13 Bankruptcy. 

 As you can see above a Chapter 7 Trustee is more interested in your assets, where as a Chapter 13 Trustee is more interested in your income and expenses.  Regardless of what bankruptcy you are filing with me, my advice is always to provide me with all of your income, assets, liabilities, and expenses, and let me guide you through whatever form of bankruptcy that is going to give you the greatest possible benefit for your financial situation. 

 Peter Behrmann is a Livonia 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, and Foreclosure Prevention.

Photo Credit: LeoReynolds

 

Other Bankruptcy Attorneys articles on the Letter “T” 

“O” is for Objection to Confirmation in Chapter 13 Bankruptcy

Posted by Peter Behrmann, Esq. On May 7th

“O” is for Objection to Confirmation in Chapter 13 Bankruptcy

In a Chapter 13 Bankruptcy, your Bankruptcy Trustee and Creditors each have the option to file “Objections to Confirmation.”  Probably 95% of the Chapter 13 bankruptcies have at least one or two objections to confirmation filed in their case.  In Detroit, the Chapter 13 Trustees put at the bottom of the objection that the Trustee prays this Honorable Court deny confirmation, and dismiss your bankruptcy.  This does not mean your case is denied or dismissed.  These are usually just minor issues that need to be addressed with your case in order for the Trustee to sign off their approval on the case.  

In Detroit, we have three separate Chapter 13 Trustees and five separate Bankruptcy Judges.  Each Chapter 13 bankruptcy Trustee and each judge have certain things they want done certain ways.  The job of your Chapter 13 bankruptcy attorney is to know what is allowed under the bankruptcy code, know the individual policies or each judge, and the individual polices of each Trustee to get your case approved with the most favorable outcome for you. 

At my office, I always tell each of my clients that they will get objections, and that my job as your attorney is to resolve the objections on your behalf.  Make sure you have a Chapter 13 attorney willing to do this for you!

Peter Behrmann is a Livonia 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 “O”

  • Objection – Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell 
  • Objection to Discharge – Hilo Bankruptcy Attorney, Stuart T. Ing 
  • Obligations – Colorado Springs Bankruptcy Attorney Bob Doig 
  • Old – Cleveland Bankruptcy Attorney Bill Balena 
  • Omitted – Bay Area Bankruptcy Lawyer Cathy Moran 
  • Omitted creditor – St. Clair Shores MI bankruptcy attorney Kurt OKeefe 
  • OOPS – Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein 
  • Options to Bankruptcy – Suburban Philly Bankruptcy Lawyer, Chris Carr 
  • Own – New York Bankruptcy Lawyer, Jay S. Fleischman 
  • Objections by Creditor – Southgate, Michigan Bankruptcy Attorney, Chris McAvoy 
  • Offer in Compromise – San Mateo Bankruptcy Attorney, Jeff Curl 
  • Orders – Wisconsin Bankruptcy Lawyer, Bret Nason 
  • Organize  – Marin County Bankrupttcy Lawyer, Cate Eranthe 
  • Organization in Bankruptcy  – Los Angeles Bankruptcy Attorney, Mark J. Markus