Michigan Attorney Blog

A People’s History of Bankruptcy in the United States

Bankruptcy in the United States: A Timeline of Eroding Rights Bankruptcy in the United States is an internationally unique legal remedy for those suffering from burdensome debt. Very few other countries allow individuals in debt to discharge and eliminate their personal, consumer debt. Of the other nations who do maintain some sort of "insolvency" law, as it tends to be called, the majority provide a form of bankruptcy that benefits creditors exclusively. It is a means of ...

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Posted on July 5th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Can Creditors Enforce Mandatory Arbitration Clauses in Bankruptcy?

Mandatory Arbitration Clauses: Not Enforceable in Bankruptcy Bankruptcy Discharge Violations Must Be Litigated in Bankruptcy Court, Says New York Court Last month, a New York bankruptcy court ruled that a debtor's action against Credit One for violating his discharge injunction by reporting his discharged debt as "charged off" on his credit report rather than "closed, discharged in bankruptcy" as required  could be argued before the bankruptcy court. Credit One argued that the "mandatory arbitration" clause in his ...

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Posted on June 24th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Michigan Bankruptcy Creditors Cannot Threaten Criminal Charges

Collection Attempts Are Barred Post-Filing Even If Wrapped in Threat of Criminal Charge Filing a Chapter 7 or Chapter 13 Bankruptcy Collections Harassment The moment you file a bankruptcy in Michigan, all collections activity must stop under the "automatic stay" injunction that activates automatically and instantly with the filing of the case in the Federal Bankruptcy Court. Creditors cannot engage in any of the usual sorts of collection activity: no phone-calls, no mailing of invoices or bills ...

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Posted on June 15th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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How Long After Bankruptcy Until I Qualify for a New Mortgage?

New Rules Make It Easier Than Ever to Qualify for a New Mortgage after Bankruptcy Conventional Mortgage Lending Now Only 2 Years After Bankruptcy Fannie Mae has lowered its prohibition on "post-negative event" (bad stuff on your credit report) mortgage lending to only two years after the negative events. That means that, after a discharge in Chapter 7 or Chapter 13 bankruptcy, a short sale, foreclosure, foreclosure loan charge-off, or deed-in-lieu of foreclosure, you may be eligible ...

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Posted on April 14th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

New Means Test Numbers for April 1, 2016

New Michigan Bankruptcy Means Test Numbers for April 1, 2016   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, 2016 or after. These numbers are used in the "bankruptcy means test" to determine income-based eligibility for Chapter 7 bankruptcy and, in Chapter 13 bankruptcies, to ...

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Posted on April 7th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Does Filing a Bankruptcy Extend My Post-Foreclosure Redemption Period?

Filing a Bankruptcy Will Extend a Redemption Period—But For Who? What Is Michigan's Redemption Period? The "redemption period" is the time allowed homeowners (and other property owners) under Michigan law to "redeem" property that is foreclosed and sold at foreclosure auction or sheriff's sale to the highest bidder. "To redeem" means that the homeowner whose property is foreclosed pays to the winning sheriff's sale bidder whatever amount of money the winning bidder bid at the sale, after ...

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Posted on March 7th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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New Means Test Numbers for November 1, 2015

Michigan Chapter 7 Bankruptcy Means Test Eligibility Expansion!   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 November 1, 2015 or after. These numbers are used in the "bankruptcy means test" to determine income-based eligibility for Chapter 7 bankruptcy and, in Chapter 13 bankruptcies, to determine ...

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Posted on October 28th, 2015 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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New Means Test Numbers for April 1, 2015

Chapter 7 Eligibility Easier As Of April 1, 2015 [caption id="attachment_3003" align="aligncenter" width="300"] Image by Beyer courtesy of Wikimedia Commons and the German Federal Archives[/caption] 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, 2015 or after. These numbers are used in the "bankruptcy ...

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Posted on March 31st, 2015 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Bad Checks and Bankruptcy: Post-Filing Criminal Charges

Non-Dischargeable Criminal Penalty vs. Post-Filing Debt Collection Attempt? [caption id="attachment_2980" align="aligncenter" width="300"] Photo by Keith Allison courtesy of Wikimedia Commons[/caption] Although the American Bar Association has determined that it is unethical for county prosecutors' offices to allow creditors to use their letterhead for the purposes of collecting on bounced checks, it is common practice for county prosecutors to at least run some variety of "check enforcement" program. This is another name for "collections department," but the peculiar thing ...

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Posted on January 22nd, 2015 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Bankruptcy Means Test Numbers for November 1, 2014

Now Slightly Easier to Qualify for Chapter 7 Bankruptcy The Office of the U.S. Trustee, the division of the U.S. Department of Justice that oversees the bankruptcy process in the U.S., has announced the new median income figures for each state that will be in effect as of November 1, 2014 for bankruptcy means test purposes. New Bankruptcy Means Test Numbers for Michigan The new median incomes for each household size in Michigan as of November 1st, 2014, ...

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Posted on October 27th, 2014 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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