What Happens When a Married Couple Files for Bankruptcy in California?

If you and your spouse are struggling with debt, you may be wondering: What happens when a married couple files for bankruptcy in California?

When a married couple in California files for bankruptcy, all community property—assets and debts acquired during the marriage—becomes part of the bankruptcy estate. In most cases, eligible debts are discharged, offering financial relief.

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How Does Bankruptcy Affect My Credit Score in California?

If there is one aspect of bankruptcy that many debtors focus on when considering their options, it is the hit to their credit report that seems the most daunting. Many people believe that filing Chapter 7 or Chapter 13 bankruptcy will be devastating to their credit, ruining any chances for a financial future. You may be wondering: How Does Bankruptcy Affect My Credit Score?

Filing for bankruptcy in California, or anywhere, will severely impact your credit score, potentially dropping it by hundreds of points, and a bankruptcy can stay on your credit report for 7-10 years depending on the type of bankruptcy. 

 

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What Does Non-Exempt Mean in a Michigan Bankruptcy?

If you’re a debtor looking into bankruptcy options, you’re certainly concerned about losing assets. For people who want to protect property, a primary question will be: What does non-exempt mean in a Michigan bankruptcy?

Non-exempt property in a Michigan bankruptcy includes assets not protected under state or federal exemptions, such as luxury items, second homes, or high-value collectibles. These assets may be sold in Chapter 7 to repay creditors or calculated into a repayment plan in Chapter 13.

As a Michigan bankruptcy lawyer with extensive experience in Chapter 7 and Chapter 13, I’ve assisted countless clients in understanding and applying exemptions to maximize outcomes. In this article, I’ll break down how exemptions work, what property is not exempt, and important bankruptcy strategies.

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FAQs About Non-Exempt Assets in Michigan Bankruptcy

What is exempt from bankruptcy in Michigan?
In Michigan, exempt property includes assets protected by state or federal bankruptcy laws. Common exemptions include equity in a primary residence under the homestead exemption, one vehicle up to $3,775, necessary clothing, household goods up to $600 per item, tools of the trade up to $2,525, and certain retirement accounts like IRAs and 401(k)s. These exemptions allow filers to retain essential assets necessary for maintaining a basic standard of living.
What is the difference between exempt and non-exempt assets?
Exempt assets are protected under bankruptcy laws and cannot be seized or sold by the trustee to repay creditors. These typically include homes, vehicles, and retirement accounts up to specified limits. Non-exempt assets, on the other hand, fall outside the scope of legal protections and may be sold in Chapter 7 bankruptcy to satisfy debts. Examples of non-exempt assets include luxury items, second properties, or high-value collectibles.
What does exemption mean in bankruptcies?
In bankruptcies, an exemption refers to the legal protection that shields certain assets from being sold to pay creditors. Exemptions allow individuals filing for bankruptcy to retain the essential property needed for daily living and financial recovery. Both federal and Michigan-specific exemptions apply to assets like homes, vehicles, and personal belongings, helping filers start over without losing everything.
What is nonexempt property in Chapter 13?
In Chapter 13 bankruptcy, non-exempt property is not subject to liquidation. Instead, the value of non-exempt assets is considered when creating the repayment plan. Debtors must pay creditors an amount equal to the value of their non-exempt assets over the repayment period. Unlike Chapter 7, Chapter 13 allows individuals to retain all property, including non-exempt assets, as long as the repayment terms are met.

Will I Have to Go to Court for Bankruptcy in California?

If you’re considering filing for bankruptcy, you might be wondering: Will I have to go to court for bankruptcy in California?

Yes, most bankruptcy filers in California must attend a “341 meeting” (meeting of creditors), but formal hearings before a judge are uncommon unless there are disputes or objections in the case.

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What Happens to Your Home After Bankruptcy in California?

If you’re considering bankruptcy, you may be wondering: What happens to your home after bankruptcy in California?

In California, you can often keep your home after bankruptcy, particularly through Chapter 13, by continuing mortgage payments and following the repayment plan. In Chapter 7, protecting your home depends on using the homestead exemption and staying current on payments.

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What Are Bankruptcy Exemptions in the State of Michigan?

Bankruptcy is an option for Michigan residents facing overwhelming debt, but many have concerns about losing assets during the process. There are protections for a filer’s property, so what are bankruptcy exemptions in the State of Michigan?

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FAQs About Bankruptcy Exemptions in Michigan

What property is exempt from creditors in Michigan?
In Michigan, exempt property includes essential assets protected under state or federal bankruptcy laws. Common exemptions cover your primary residence (up to $40,475 in equity), personal vehicles (up to $3,725 in equity), household goods, clothing, and tools of the trade. Retirement accounts, pensions, and certain life insurance policies are also typically exempt.

These protections allow individuals to retain vital assets needed for daily living and future financial recovery. The specific exemptions depend on the chosen exemption system: federal or state.
What is the wildcard exemption in Michigan?
Michigan does not have a "wildcard exemption" under its state-specific bankruptcy exemption laws. A wildcard exemption typically allows filers to protect any property of their choosing, up to a certain value, which is not specifically covered by other exemptions.

However, if you choose to use federal bankruptcy exemptions instead of Michigan’s state exemptions, the federal system does include a wildcard exemption of up to $1,475 in any property, plus up to $13,950 of unused homestead exemption if they don’t use it all for their home.
What money is exempt from bankruptcies?
Certain types of money are exempt from bankruptcy proceedings in Michigan. This includes Social Security benefits, unemployment compensation, disability payments, and pensions. Additionally, child support and alimony payments are typically exempt.

These protections permit individuals to retain access to essential income sources, enabling them to meet daily living expenses during and after bankruptcy. The specifics of these exemptions may vary depending on the exemption system chosen.

Can Military Spouses Get Student Loan Forgiveness in Michigan?

Many individuals fund educational opportunities through student loans, but people married to active duty service members can face challenges with repayment. The realities of military life present disruptions, prompting husbands and wives to ask: Can military spouses get student loan forgiveness in Michigan?

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FAQS About Student Loan Forgiveness for Military Spouses

Are military spouses eligible for student loan forgiveness?
Yes, military spouses may be eligible for student loan forgiveness through federal programs such as Public Service Loan Forgiveness (PSLF) or Teacher Loan Forgiveness if they meet the specific qualifications. These programs are available to those employed in qualifying public service or education roles. Additionally, some military-specific benefits and state-level programs, such as the Michigan State Loan Repayment Program, may provide further options for reducing or eliminating student loan debt.
Does student loan forgiveness apply to spouse?
Student loan forgiveness programs generally apply to the borrower. However, if a military spouse qualifies for employment-based forgiveness programs, they can benefit from debt relief. While spousal loans are not forgiven as part of another person’s eligibility, shared financial planning can ease household financial stress. Programs like PSLF, IDR forgiveness, or profession-specific options provide opportunities for military spouses to reduce their own educational debt.
Does SCRA apply to spouse's student loans?
The Servicemembers Civil Relief Act (SCRA) typically applies to loans held by active-duty military members, capping interest rates at 6% during service. It does not directly apply to a spouse’s student loans unless they are co-signed by the service member.

However, military spouses may explore other financial relief options, such as deferment, repayment plans, or state-level programs like those available in Michigan, to manage their educational debt.
Can I get financial aid if my husband is in the military?
Yes, military spouses are eligible for various forms of financial aid. Programs like the Post-9/11 GI Bill or My Career Advancement Account (MyCAA) Scholarship provide funding for education or training.

Additionally, spouses may qualify for federal student loans, grants like the Pell Grant, or scholarships specifically designed for military families. In Michigan, there may also be state-level scholarships or financial assistance programs for military spouses seeking higher education opportunities.
What benefits do military spouses get?
Military spouses are eligible for numerous benefits, including education and training support, healthcare coverage through TRICARE, access to base amenities, and employment assistance. Educational benefits include scholarships like MyCAA, student loan deferment, and forgiveness programs like PSLF for qualifying employment.

These resources aim to support military families by reducing financial burdens and facilitating career development. Spouses can also access counseling and legal aid services to address various aspects of military life.

Do Employers Have to Notify Employees of Wage Garnishment in Michigan?

Wage garnishment can be a stressful situation for employees facing debt collection. If you’re working in Michigan, you may be wondering: Do employers have to notify employees of wage garnishment?

Yes, Michigan employers are generally required to notify employees of a wage garnishment order. Once an employer receives a writ of garnishment from a court, they must provide the employee with details about the garnishment, including the amount being withheld and the creditor involved. Wage garnishments are typically used to satisfy unpaid debts such as child support, taxes, or court judgments.

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Bankruptcy Legal Terms Defined

Filing for bankruptcy can be an overwhelming experience, especially if you’re unfamiliar with the legal terminology involved. At Kostopoulos Bankruptcy Law, we are committed to providing clear and reliable guidance so you can make informed decisions about your financial future. Below is a comprehensive glossary of essential bankruptcy legal terms relevant under Michigan law.

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How to Stop Wage Garnishment in Michigan

Facing wage garnishment can be overwhelming, making it difficult to keep up with essential expenses. You may be asking: How can I stop wage garnishment in Michigan?

Understanding Michigan wage garnishment laws is crucial to effectively stopping wage deductions and protecting your income.

To stop wage garnishment in Michigan, you can file an objection with the court within 14 days, negotiate a repayment plan with creditors, or file for bankruptcy to trigger an automatic stay and halt wage deductions immediately.

With decades of experience helping Michigan residents regain financial stability, I’ve guided countless individuals through the legal process to stop wage garnishments. This guide will explain your legal rights, available options, and practical steps to protect your income.

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FAQs About Stopping Wage Garnishment in Michigan

How to Stop a Garnishment in Michigan?
To stop a wage garnishment in Michigan, file an objection with the court within 14 days of receiving the garnishment notice. You can also negotiate a repayment plan with creditors, apply for an exemption, or file for bankruptcy, which triggers an automatic stay that immediately stops garnishments.
How Do I Claim Exemption from Garnishment in Michigan?
To claim an exemption from garnishment in Michigan, file a Claim of Exemption form with the court that issued the garnishment order. You must provide documentation proving that your income qualifies as exempt, such as Social Security benefits, veterans’ benefits, or other protected income sources.
How Do I File an Objection to a Garnishment in Michigan?
To file an objection to a wage garnishment in Michigan, submit an Objection to Garnishment form to the court within 14 days of receiving the garnishment notice. You must attend the court hearing to present your case, providing evidence of financial hardship, improper calculations, or exemptions that apply to your income.
How Long Can Your Wages Be Garnished in Michigan?
In Michigan, wage garnishments last until the debt is fully paid off or the court orders the garnishment to stop. Periodic wage garnishments remain in effect indefinitely unless successfully contested, while non-periodic garnishments (like bank levies) are one-time occurrences that can be reissued if necessary. In addition to wages, other sources of income such as land contract payments can also be subject to garnishment.
How Do You Escape a Wage Garnishment?
To escape wage garnishment in Michigan, you can:





File for bankruptcy, which stops garnishment immediately.



Negotiate a settlement or payment plan with the creditor.



File an objection in court to contest the garnishment.



Claim an exemption if your income qualifies as protected under Michigan law.
How Do I Write a Letter to Stop Wage Garnishment?
A letter to stop wage garnishment should formally request relief based on financial hardship or an alternative repayment plan. It should include:





Your full name and case number.



A statement of financial hardship explaining why the garnishment should be stopped.



A proposed payment arrangement (if applicable).



Supporting documents proving financial hardship or legal exemptions.

This letter should be sent to the court, your employer, and the creditor handling the garnishment.
Can You Be Garnished Without Being Served in Michigan?
No, Michigan law requires creditors to notify you before garnishing wages. You have 14 days to object after receiving notice.
Where Can I Find Help Stopping Wage Garnishment?
You can contact legal aid organizations, debt counseling services, or a bankruptcy attorney for guidance.

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