Michigan Bankruptcy Blog

Should I Disclose my Class Action Award to my Bankruptcy Lawyer?

Should I Disclose my Class Action Award to my Bankruptcy Lawyer?

A Class Action Award or Suit Membership Should Always Be Disclosed to your Michigan Bankruptcy Attorney [caption id="attachment_3352" align="aligncenter" width="300"] By Intelligentguy89 (Own work), via Wikimedia Commons[/caption] Class Action Lawsuits Are Assets in Bankruptcy Matters If you have received one of those little postcards reading "You May be a Member of Class Action" or if you have already received an award in a class action lawsuit, you need to inform your Michigan bankruptcy attorney, regardless of whether your ...

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

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Can I Discharge my Lularoe Debt in Bankruptcy?

Lularoe in Bankruptcy: Multi-Level Marketing Schemes in Chapter 7 & Chapter 13   Lularoe Debt in Bankruptcy: When the Business You Enter Isn't Designed to Make YOU Money According to Buzzfeed and other sources, Lularoe "consultants" have been turning to bankruptcy in order to reject the sales contracts that have required them to purchase, at their own expense, clothing inventory for a great deal of money while, at the same time, the company revised its inventory return policy ...

Posted on November 7th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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New Means Test Numbers for November, 2017

New Michigan Bankruptcy Means Test Numbers for November 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 November 1, 2017 or after. These numbers are used in the "bankruptcy means test" to determine income-based eligibility for Chapter 7 bankruptcy and, in Chapter 13 ...

Posted on October 26th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Can I Get Attorney Fees in Bankruptcy Disputes?

Pay Your Attorney Fees and Costs, Unless— Creditors Are Unlikely to Make You Pay their Attorney Fees in Bankruptcy Court Many an attorney primarily accustomed to practicing in Michigan state courts has stepped into US Bankruptcy Court on behalf of a creditor or an ex-spouse expecting to be able to walk away with an award from the Bankruptcy Judge for their fees only to be disappointed.  The Hilla Law Firm has had to educate non-bankruptcy lawyers of the ...

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

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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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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

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