Michigan Attorney Blog

US Supreme Court OKs Stale Chapter 13 Bankruptcy Proofs of Claim

Proofs of Claim Not Subject to FDCPA Damages in Magical Bankruptcy Land Proofs of Claim for Debts Prohibited by Statute of Limitations Allowed in Chapter 13 Proofs of Claims filed by debt buyers or other collectors seeking to be paid from Chapter 13 bankruptcies for debts that are past individual states' statute of limitation periods are not subject to penalties under the Fair Debt Collections Practices Act ("FDCPA"), says the US Supreme Court. Despite the fact that those ...

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Posted on May 25th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Bankruptcy Fraud: How to Avoid Abby Lee Miller’s Fate

Bankruptcy Fraud: People Really Do Go to Jail! What Is Bankruptcy Fraud? Bankruptcy Fraud is a charge that can be leveled at someone who has filed Chapter 7, Chapter 13, or, like Abby Lee Miller of Dance Moms fame, Chapter 11. It is the allegation that a person has engaged in some lack of disclosure or misbehavior prior to or in the process of filing a bankruptcy case. Specifically, however, the filing of a petition for bankruptcy with the ...

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Posted on May 10th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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The Fair Debt Collection Practices Act: To Whom Does It Apply?

Fair Debt Collections Practices Act: US Supreme Court Poised to Leave Consumers Vulnerable—Yet Again Supreme Court Likely To Find Debt Buyers Not Covered by Fair Debt Collection Practices Act Reuters reports that, last month, during oral arguments in a class action suit filed by consumers against "debt buyers" (companies that buy debt from the original lenders and then attempt to collect on it from the borrower), both Conservative and (allegedly) Liberal Justices of the Court appeared dubious ...

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Posted on May 2nd, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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New Means Test Numbers for April 1, 2017

New Michigan Bankruptcy Means Test Numbers for April 1, 2017   The US Trustee's Office (the division of the Department of Justice that administers the bankruptcy process in the United States) has released its updated median income numbers for each state for Chapter 7 and Chapter 13 bankruptcy petitions filed on April 1, 2o17 or after. These numbers are used in the "bankruptcy means test" to determine income-based eligibility for Chapter 7 bankruptcy and, in Chapter 13 ...

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Posted on April 5th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Is My Credit Card Debt a Secured Debt in Bankruptcy?

Credit Cards as Secured Debts: Often Claimed, Rarely Proved ... The Issue The issue of whether a credit card debt can be claimed to be a "secured" debt in bankruptcy is a common discussion for attorneys who handle Chapter 13 bankruptcies in particular. In a Chapter 13 bankruptcy, creditors are repaid some or all of what they are owed. (See my Chapter 13 plan page here for more detail on how this works!). In order to be paid, ...

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Posted on March 15th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Is a Michigan Tenancy by the Entirety Property Protected in Bankruptcy?

Tenancy by the Entirety Property: Joint Marital Debts or No Joint Debts? That Is The Question ... What is Tenancy by the Entirety? "Tenancy by the Entirety" is a type of property ownership that is available in Michigan to married co-owners. (Non-married co-owners are simply "joint tenants/owners".) Tenancy by the Entirety is a common-law concept rooted in the old idea that two married people are a "unified person" from a legal standpoint. The creation of a Tenancy ...

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Posted on February 22nd, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Constructive Eviction in Michigan: What Is It?

Constructive Eviction: Being Kicked Out of the Side Door The Lawful Eviction Procedure in Michigan In Michigan, a lawful eviction is a very specific procedure. Presuming a valid basis for the eviction, such as breach of a specific lease clause or non-payment of rent or damage to the property, the procedure involves: Proper Notice: Depending on the basis for the eviction, a proper 24-hour, 10-day, or 30-day notice of the landlord's "demand for possession" of the premises must ...

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Posted on February 7th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Real Estate and Property Law

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Do I Need To Tell My Bankruptcy Lawyer About Uncashed Checks I Have?

Uncashed Checks and Money Orders: Still Property of Your Bankruptcy Estate   Why Do You Need to Disclose Your Assets in Bankruptcy? The US Bankruptcy Code (the Federal law that governs the bankruptcy process in the U.S.) requires that, along with debts and other transactions a filing debtor may or may not have engaged in, all assets must be disclosed in the bankruptcy petition. Why? Because the value of a debtor's assets help to determine the extent to which creditors are repaid ...

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Posted on February 2nd, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Eastern District of Michigan Bankruptcy: New “Bare Legal Title” Vehicle Ownership Decision

If Your Name Is on the Vehicle's Title and You File Bankruptcy—You Own It No "Bare Legal Title" in the Eastern District of Michigan for Vehicles "Bare Legal Title" has been an effective defense in Detroit, Michigan bankruptcy cases to the efforts of a Chapter 7 bankruptcy trustee to seize and liquidate a vehicle or other titled property. The argument comes into play when the filing debtor's name lies on the title to the vehicle—but the debtor does ...

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Posted on January 27th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Michigan Unemployment Fraud Claims Non-Dischargeable in Bankruptcy

Eastern District Federal Court Swats Aside Appeal of Bankruptcy Court Ruling Can the "penalties" portion of a State of Michigan unemployment benefit "claw-back" claim be discharged in Chapter 13 bankruptcy? That is the question that the Eastern District of Michigan Federal Court decided this month on appeal from a ruling of the Eastern District of Michigan Bankruptcy Court that said, "NO." And, unfortunately, the appeals court said the same thing. But why, and what does this mean? Some Debts are ...

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Posted on November 22nd, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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