Michigan Bankruptcy Blog

Holiday Spending and Bankruptcy: Some Call it Fraud

Holiday Spending and Bankruptcy: Some Call it Fraud

You May Be Visited by 3 Ghosts: Non-Dischargeability, Denial of Discharge, and Criminal Penalties ... [caption id="attachment_2465" align="aligncenter" width="300"] Image by Kelvin Kay, courtesy of Wikimedia Commons[/caption] Pre-Bankruptcy Spending: Don't Risk Your Discharge The instinct to just take any hit necessary to get the gift-buying many of us feel obligated to at this time of the year is a powerful one. "I'll just get Aunt Sally taken care, then I'll worry about the credit card later on in the ...

Posted on December 6th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Can I Make Charitable Contributions or Tithe in Bankruptcy?

Charitable Giving & Tithing: Protected Expenses in Bankruptcy Charitable contributions and tithing in particular are protected activities under the US Bankruptcy Code. In 2006, Congress enacted the Religious Liberty and Charitable Donation Clarification Act of 2006, which made clear that monthly average amounts of religious charitable contributions and tithing amounts in particular are not included in "net available income" in  bankruptcy. What that means, in essence, is that you are able to continue making regular charitable contributions, ...

Posted on July 10th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Can I Still Assist Elderly Relatives if I File Bankruptcy?

Assistance to Dependent Elderly Family Members is Protected Providing a little monthly financial assistance to an elderly relative is a common thing, especially in Michigan, which is undergoing a very tough economy at the moment with services for the elderly underfunded and failing on a widespread scale. The good news, however, is that, if you are in the position of being able to give a little back to those who have given much to you when you were all ...

Posted on June 12th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Will My Chapter 7 or Chapter 13 Bankruptcy Affect My Family?

Will a Chapter 7 or Chapter 13 Bankruptcy Affect My Family?   "Will a Chapter 7 or Chapter 13 bankruptcy affect my family?"—A Common Myth One of the most common questions that potential Chapter 7 or Chapter 13 bankruptcy clients has is with regard to the effect of an individual's bankruptcy upon his or her family-members. Of course, there is at least an indirect effect: the income and debt-load of a family-member always has a general effect on those ...

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

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Gifts in Bankruptcy – What’s the Harm?

Gifts in Bankruptcy, either Chapter 7 or Chapter 13, can be problems that keep on giving. Gifts in bankruptcy can be viewed by the Eastern District of Michigan Bankruptcy Court and Bankruptcy Trustees as simply that. Or they can be viewed as a fraudulent transfer that can be "voided" by a Chapter 7 bankruptcy trustee. Gifts in Bankruptcy: Family-Members and Friends A gift to a family-member, friend, or other personal acquaintance can be undone by a Chapter 7 Trustee in particular under ...

Posted on November 10th, 2012 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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