While certainly not a blanket cure for all financial difficulties, bankruptcy is sometimes unavoidable and can be the best choice in some situations. Those considering bankruptcy in Michigan likely want to know more about how to qualify and what goes into this often complicated process. Here are some facts everyone should know.

It’s important to understand that bankruptcy doesn’t wipe out all debts. Some debts that won’t be erased in Michigan include taxes, criminal and traffic fines, back child support, most student loans and anything not specifically on the list of debts to be discharged.

In Michigan, those seeking bankruptcy must also complete a state-mandated credit counseling course within six months prior to the filing. This course requires debtors to contact their creditors to obtain a workable payment plan or seek a debt consolidation loan. After the documents are filed, taking a financial management course is also necessary.

There are two different types of bankruptcy – chapter 7, the discharging of debt while keeping a home or property not in default, and Chapter 13, a repayment plan that usually allows the debtor to keep a home, automobile and certain other property even though the loans for such properties are in default.

The paperwork required for a Michigan bankruptcy filing is fairly extensive, including a two page petition and a list of all the debts to be discharged and property to be excluded. Deeds or titles of property owned and verification of income, expenses and financial transactions for two years prior to filing are also required. Filing for Chapter 7 is $299, while Chapter 13 is $274.

Once the paperwork is filed, the harassing phone calls from creditors can be halted. In fact, creditors are required by law to cease contact once advised of the bankruptcy, but the court may not inform them for weeks. To stop the calls sooner, debtors should let their creditors know of the filing as soon as possible and supply a case number.

Bankruptcy proceedings consist of a short meeting (called a 341 meeting) with a bankruptcy trustee. The trustee may ask clarification questions regarding financial status and the debtor is sworn under oath to answer. The debtors’ attorney and creditors may also be present.

Those considering this option will be relieved to know that bankruptcies don’t end up in court unless a debt or its discharge is disputed. Creditors have 60 days after the 341 meeting to challenge any debts included. Should there be no dispute, the process is generally finalized in three to six months.

Due to the complicated process of filing a Michigan bankruptcy, it is a good idea to enlist the help of a local attorney that specializes in bankruptcies. The right attorney can be an invaluable asset, protecting your property and your interests to the full extent of the law during what is, for many people, a difficult and emotional process.

If you need debt relief in the Detroit area, contact Michigan bankruptcy attorney A Better Way Bankruptcy. With nearly three decades of collective experience, their friendly, helpful and compassionate attorneys and professionals can help you obtain relief from debts, stop calls from creditors and get a fresh start. Powered by SEO 2.0 Services