Michigan Bankruptcy Blog

Is There a Military Exception to the Chapter 7 Means Test?

Is There a Military Exception to the Chapter 7 Means Test?

Active Duty Reservists and Disabled Vets Eligible for Chapter 7 Bankruptcy Means Test Exemption The Financial Hardship of Active Military Duty or Disability Is Recognized in the US Bankruptcy Code There is a limited exception or exclusion from the Chapter 7 bankruptcy means test available for some military service-members—but only some. It is based upon the disruption that a call-up to active duty from civilian working life can have upon the finances of military reservists and upon ...

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

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Can I File Bankruptcy through a Power of Attorney?

Chapter 7 or 13 Bankruptcy for Those Who Can't File for Themselves A  Chapter 7 or Chapter 13 bankruptcy must be filed by an individual debtor (leaving aside business Chapter 7 bankruptcies). What can be done when an individual debtor is suffering from collections harassment but is not physically or mentally capable of undertaking a complicated bankruptcy process themselves? The answer is that the bankruptcy can be filed by a caretaker or loved one as a "next friend" with a power ...

Posted on January 3rd, 2014 by John Hilla - Michigan Bankruptcy Attorney in Real Estate and Property Law

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Michigan Chapter 13 Bankruptcy Eligibility: What Does It Take?

Eligibility for Chapter 13 Bankruptcy in Michigan The threshold criteria for Chapter 13 bankruptcy eligibility are fairly simple: Chapter 13 Bankruptcy: You Must Be An "Eligible Debtor" To file a Chapter 13 Bankruptcy in Michigan or elsewhere, you have to meet the definition of an eligible debtor as described in Section 109(e) of the US Bankruptcy Code. To be an "eligible debtor," you must: Be an individual (i.e., not a business) or an individual and spouse With regular income Owing less ...

Posted on November 29th, 2012 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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