Michigan Bankruptcy Blog

Michigan Unemployment Fraud Claims Non-Dischargeable in Bankruptcy

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 ...

Posted on November 22nd, 2016 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 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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What Is a Hardship Discharge in Chapter 13 Bankruptcy?

When the Unexpected Prevents You from Completing your Chapter 13 Payment Plan The Hardship Discharge: An Early Exit from Chapter 13 Bankruptcy (But Not the Way You'd Probably Like!) A Chapter 13 bankruptcy is a "payment plan" bankruptcy requiring to pay what you can afford to pay (after household expenses are considered) to your creditors within a specific period of time. Whatever you don't pay to your creditors in that period of time is discharged—meaning you never ...

Posted on September 5th, 2014 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Can I File Chapter 13 If Not Eligible for Discharge?

File Chapter 13 If Not Eligible for Discharge In Order To Force Creditors Into An Affordable Repayment Plan One of the interesting options that a Chapter 13 bankruptcy offers is the possibility of filing a Chapter 13 even if you are not eligible to receive a discharge of the balance of the debts that are not paid through the Chapter 13 payment plan. Why in the world would I do that, you ask? It's a useful option ...

Posted on July 30th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Death During Bankruptcy: Will It Stop Chapter 7 or 13?

Death: The Ultimate Hardship   It may sound logical that, if you pass away after filing a bankruptcy case, your bankruptcy proceeding will terminate along with you. This is not so, however. A bankruptcy case will continue after the death of a filing debtor in either a Chapter 7 or a Chapter 13 context, though there are steps your attorney might take to either shepherd the case through to a successful, post-mortem discharge or to terminate or dismiss ...

Posted on May 16th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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When Is a Chapter 7 Bankruptcy Case Closed?

When is a Chapter 7 bankruptcy case closed? When the Trustee or the Court says it is! When is a Chapter 7 Bankruptcy Case Closed? After Discharge, after contested matters are resolved—and after assets are liquidated. Your discharge shows up in the mail, and you breathe a sigh of relief: it's over! Your Chapter 7 bankruptcy is a thing of the past, and you can go back to living your life and breathing that fresh Michigan air ... You ...

Posted on March 4th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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