Category archive for ‘Chapter 7 Bankruptcy’ 
Where to File a Chapter 7 Bankruptcy
by Richard Stokan on 3/08/10 | 0 Comment(s)
A bankruptcy case must be filed in the federal district where the debtor has maintained his residence or principal place of business “for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period.” 28 USC 1408. In laymen’s terms, the case must be filed in the bankruptcy Read more>>
An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 2 of a series.
by John C. Colwell on 3/07/10 | 0 Comment(s)
dmp, debt management plan, deficiency, Second Trust Deed, Charge off
“What Do You Mean They Can Take My Bike?!?”
by Lori Patton on 3/06/10 | 0 Comment(s)
This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call Read more>>
Several Eastern District of Michigan Bankruptcy Judges to Participate in Continuing Legal Education Seminar About Consumer Bankruptcy Issues
by Drew Broaddus on 3/05/10 | 0 Comment(s)
On February 8, 2010, the U.S. Bankruptcy Court for the Western District of Michigan (which covers Grand Rapids, Kalamazoo, Lansing, Traverse City, and Marquette) posted a notice on its website regarding an “Institute for Continuing Legal Education Seminar” to take place April 19, 2010 in Plymouth, Michigan. The notice (available here) indicates that the featured Read more>>
An all too common preliminary inquiry by a hypothetical debtor, and a reply.
by John C. Colwell on 2/25/10 | 0 Comment(s)
As of today one of my creditors have garnished my paycheck.
Eastern District of Michigan’s Chief Bankruptcy Judge to Participate in Roundtable Discussion About Chapter 7 Bankruptcy Issues
by Drew Broaddus on 2/19/10 | 1 Comment(s)
On February 17, 2010, the U.S. Bankruptcy Court for the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) posted a notice on its website regarding “A Late Afternoon Roundtable Discussion” to take place on Wednesday March 10, 2010 in Southfield, Michigan. The notice (available here) indicates that the discussion will be moderated Read more>>
I Surrendered My House in Bankruptcy, You Mean To Tell Me I Still Own It?
by Moderator on 2/12/10 | 0 Comment(s)
Well not exactly as you may picture it, but yes, you will still technically own title to your home until the bank clears the title through foreclosure. National Bankruptcy Forum contributor Jay Jump wrote an excellent post a few weeks ago explaining how a Home Owners Association can still come after a homeowner for dues even after the Read more>>
Someone Has Filed a Proof of Claim in My Bankruptcy Case. What Should I Do?
by Drew Broaddus on 2/12/10 | 0 Comment(s)
Last week on this site, I discussed In re: Wingerter. B-Line, LLC v. Wingerter, a recent Sixth Circuit Court of Appeals decision which addressed the issue of what creditors must do to file a valid proof of claim. The important feature of the Wingerter case, from a commercial debtor’s perspective, is that Chapter 7 and Read more>>
My Creditors Are Violating the Automatic Stay
by Jeff Herrick on 2/10/10 | 0 Comment(s)
When you file for bankruptcy, an automatic stay is issued by the Bankruptcy Court. An automatic stay is a measure put in place by the bankruptcy court to halt all actions by creditors to collect and/or obtain satisfaction of the outstanding debt even by repossession of the property. Unfortunately, some creditors do not abide by Read more>>
Random Bankruptcy Audits
by Richard Stokan on 2/08/10 | 1 Comment(s)
Since 2006, debtors filing for bankruptcy protection have been subject to random audits. As part of the reforms of the Bankruptcy Abuse and Prevention Consumer Protection Act of 2005 (BAPCPA), Congress required random audits to verify the accuracy and completeness of debtors’ bankruptcy filings. 28 USC 586(f). The targets are randomly selected and average approximately Read more>>
