Michigan Bankruptcy Blog

Can I Discharge my Lularoe Debt in Bankruptcy?

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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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 Rules Debt Buyers Not Covered by the FDCPA

Supreme Court Further Protects Debt Buyers from FDCPA Unanimous Opinion: Debt Buyers May Abuse Consumers Freely Yesterday, the US Supreme Court issued its second opinion this term regarding the applicability of the Fair Debt Collection Practices Act (FDCPA) to so-called "debt buyers." Debt Buyers are companies such as the notorious Midland Funding, LLC, which make a business of buying "bad debt," often for pennies on the dollar, occasionally for nothing at all, and then collecting on the debt, ...

Posted on June 13th, 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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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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Medical Debt Dischargeable in Bankruptcy

Nothing Sacred About Medical Debt or Hospital Debt ... Medical Debt: An Ongoing Issue Discharging medical debt is one of the primary reasons that a good percentage of Americans file Chapter 7 or Chapter 13 bankruptcy. Our healthcare industry is largely premised on a for-profit motive and operates outside any particular mission purely involving the provision of health-care. Hospitals exist to make money and to purvey pharmaceutical and other medical products for the financial benefit of pharmaceutical companies ...

Posted on October 26th, 2016 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Can I Discharge an SBA Loan in Bankruptcy?

Discharge an SBA Loan in Bankruptcy Like Any Other Unsecured Debt [caption id="attachment_2956" align="aligncenter" width="300"] Image by Lothar1976, courtesy of Wikimedia Commons[/caption] SBA Loans: Not Excepted from Discharge by The Bankruptcy Code Unless a debt is one of the specific types of debt specifically excepted from the Chapter 7 or Chapter 13 bankruptcy discharge by Section 523 of The Bankruptcy Code (the Federal law governing the bankruptcy process in the U.S.), it is dischargeable. Among the non-dischargeable debts ...

Posted on October 13th, 2014 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Congressional Democrats Aim for Real Bankruptcy Reform

Separate Bills Introduced to Make Private Student Loans Dischargeable Again and to Specially Treat "Medical" Bankruptcies Getting the Attention the Consumers Deserve Two separate pieces of legislation are being introduced by Senate Democrats that will, despite long odds of becoming law in a Congress dominated by pervasive and bi-partisan financial industry lobbying, at least help to re-focus attention on the damage done to the U.S. Bankruptcy Code by the BAPCPA bankruptcy "reform" amendment to the Code in ...

Posted on June 26th, 2014 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Stop Foreclosure with Chapter 13 Bankruptcy if Not on the Mortgage?

Even if Not on the Mortgage Note, You Can Still Cure a Claim Against Your Property in Chapter 13 Bankruptcy [caption id="attachment_2706" align="aligncenter" width="300"] Image by respires, courtesy of Wikimedia Commons[/caption] First: Some Important Information about Liability in Mortgage Purchases ... The situation in which a homeowner might find themselves faced with foreclosure without actually being a signatory on the mortgage note being accelerated is not a common situation necessarily, but it does happen. Why would it? There are many ...

Posted on May 17th, 2014 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Chapter 13 Bankruptcy and Home Equity Loans: Stopping Payment Reset

Chapter 13 Bankruptcy and Home Equity Loans: Interest-Only Repayment Periods End in Large Number in 2014 [caption id="attachment_2673" align="aligncenter" width="199"] Image by Nevit Dilmen courtesy of Wikimedia Commons[/caption] Chapter 13 Bankruptcy Can Strip Off or Modify a Maturing HELOC or Balloon Payment While a Chapter 7 bankruptcy is a highly effective means of surrendering or walking away from real estate that you can no longer afford, a Chapter 13 bankruptcy will help you save real estate from foreclosure ...

Posted on April 25th, 2014 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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