Michigan Bankruptcy Blog

Can Creditors Enforce Mandatory Arbitration Clauses in Bankruptcy?

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 ...

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 ...

Posted on June 15th, 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 ...

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

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What Is the Bankruptcy Automatic Stay and How Does It Protect Me in Chapter 7 and Chapter 13 Bankruptcy?

The Bankruptcy Automatic Stay Against Collections: The First, Quickest Benefit of Chapter 7 & Chapter 13 Bankruptcy   The Bankruptcy Automatic Stay: A Master Injunction Under Federal Law Protecting You From Creditor Harassment The Bankruptcy Automatic Stay Against Collections is one of the primary and most immediate benefits of filing for bankruptcy. It is an injunction under the Federal law of the US Bankruptcy Code which stays, or stops, nearly all collection attempts by creditors upon the filing of a Chapter ...

Posted on February 2nd, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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