Kostopoulos Bankruptcy Law

Category: Bankruptcy

How Can I Protect My Assets When Filing for Bankruptcy in California?

Posted on by Kostopoulos Bankruptcy Law

Filing for bankruptcy can be a difficult decision, especially when you’re concerned about losing your assets. How can you protect your assets when filing for bankruptcy in California?

In California, you can protect your assets by using the state’s bankruptcy exemptions, which shield essential property like home equity, vehicles, retirement accounts, and personal belongings. Choosing the right exemption system—either the 703 or 704 set—can help maximize protection and allow you to keep critical assets while discharging eligible debts.

With decades of experience helping clients secure their financial future, I understand the strategies that can help preserve your property during bankruptcy. Let’s explore the best ways to safeguard your assets under California law.

Continue reading “How Can I Protect My Assets When Filing for Bankruptcy in California?”

What Are the Differences Between Chapter 7 vs. Chapter 13 in Michigan?

Posted on by Kostopoulos Bankruptcy Law

If you’re considering bankruptcy, choosing between Chapter 7 and Chapter 13 is a critical decision. You might be wondering: What are the differences between Chapter 7 vs. Chapter 13 in Michigan?

The biggest difference is that Chapter 7 eliminates unsecured debts through liquidation, while Chapter 13 allows you to reorganize your debts into a structured repayment plan.

  • Chapter 7: Discharges unsecured debts (credit cards, medical bills, personal loans) but may require selling non-exempt assets.
  • Chapter 13: Lets you keep your property while making structured payments over 3–5 years to catch up on secured debts like a mortgage or car loan.

With decades of experience assisting Michigan residents through bankruptcy, I’ve helped countless individuals determine which option best suits their financial situation. Let’s break down the key differences and eligibility requirements for both Chapter 7 and Chapter 13 in Michigan.

Continue reading “What Are the Differences Between Chapter 7 vs. Chapter 13 in Michigan?”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About Chapter 7 vs. Chapter 13 in Michigan

What is the main difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 eliminates unsecured debt by liquidating non-exempt assets, while Chapter 13 reorganizes debts into a repayment plan and allows you to keep your assets.
Which bankruptcy chapter is faster to complete?
Chapter 7 is quicker, generally taking 4–6 months to complete, whereas Chapter 13 extends over a period of 3–5 years.
Can Chapter 13 bankruptcy stop foreclosure?
Yes. Chapter 13 allows you to catch up on mortgage payments and prevent foreclosure through a repayment plan.
Do I need regular income to file for Chapter 7?
No. Chapter 7 does not require regular income but does require passing the means test.
Can I discharge taxes through Chapter 13?
Yes. Chapter 13 can help discharge certain taxes that are not eliminated in Chapter 7.
What happens to secured debts in Chapter 7 vs. Chapter 13?
In Chapter 7, you must stay current on secured debts to keep property, while Chapter 13 lets you catch up on arrears over time.
How can an attorney help me choose the right bankruptcy chapter?
An attorney evaluates your financial situation, explains the benefits of each chapter, and ensures you meet eligibility requirements.

What Are Chapter 7 Income Limits in Michigan?

Posted on by Kostopoulos Bankruptcy Law

Determining whether you qualify for Chapter 7 bankruptcy depends largely on your income. You might be asking: What are the Chapter 7 income limits in Michigan?

The income limits for Chapter 7 bankruptcy in Michigan are based on the state’s median income. As of the most recent figures, the income limits are:

  • $53,815 for a one-person household
  • $67,015 for a two-person household
  • $80,465 for a three-person household

If your income is below these thresholds, you may qualify for Chapter 7. If your income exceeds these limits, you may still be eligible by passing the Means Test, which accounts for necessary expenses.

With decades of experience helping Michigan residents through bankruptcy, I’ve guided countless individuals in determining eligibility and securing financial relief. Let’s take a deeper look at the Chapter 7 income requirements and how they may apply to your situation.

Continue reading “What Are Chapter 7 Income Limits in Michigan?”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About Chapter 7 Income Limits in Michigan

What happens if my income exceeds the Chapter 7 income limits?
If your income exceeds the limits, you must pass the means test to qualify. Alternatively, you may consider filing for Chapter 13 bankruptcy.
How often are the Chapter 7 income limits updated?
Chapter 7 income limits are updated annually by the U.S. Trustee Program to reflect changes in median income levels.
Is all income included in the Chapter 7 means test?
Most income is included, but Social Security benefits and certain other types of income may be excluded.
Can I qualify for Chapter 7 with high medical expenses?
Yes. High medical expenses or other special circumstances can be factored into the means test to help you qualify.
Does Michigan use federal or state income limits for Chapter 7 bankruptcy?
Michigan uses federal income limits based on the state’s median income levels to determine Chapter 7 eligibility.
Can I still file for bankruptcy if I fail the means test?
Yes. If you fail the means test, you may qualify for Chapter 13 bankruptcy, which offers a structured repayment plan.
How can an attorney help me pass the means test?
An attorney can help by identifying allowable deductions, organizing your financial records, and advocating for exceptions, increasing your chances of qualifying for Chapter 7 bankruptcy.

How Much Does Chapter 7 Bankruptcy Cost in Michigan?

Posted on by Kostopoulos Bankruptcy Law

If you’re considering filing for Chapter 7 bankruptcy in Michigan, you might wonder, “How much will it cost?” Here’s the answer.

In Michigan, the cost of filing Chapter 7 bankruptcy includes a $338 court filing fee, attorney fees typically ranging from $1,000 to $3,500 depending on case complexity, and credit counseling fees of around $50. Fee waivers or payment plans may be available for those who qualify.

Understanding the costs associated with Chapter 7 bankruptcy can help you plan for the process and avoid surprises. With decades of experience helping Michigan residents with bankruptcy cases, I’m here to provide clear guidance and personalized support. In this article, I’ll break down each expense and share ways you can manage these costs effectively.

Continue reading “How Much Does Chapter 7 Bankruptcy Cost in Michigan?”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About Chapter 7 Bankruptcy Costs in Michigan

Are the court filing fees refundable?
No, court filing fees are non-refundable once submitted.
Can I file for Chapter 7 bankruptcy without an attorney?
Yes, but hiring an experienced attorney is highly recommended to navigate the complex process.
How do I know if I qualify for a fee waiver?
If your household income is less than 150% of the federal poverty guidelines, you may request a fee waiver.
Are there hidden costs in Chapter 7 bankruptcy?
Hidden costs are rare, but always request a detailed estimate from your attorney to avoid surprises
How can I reduce the cost of filing for bankruptcy?
Consider working with a nonprofit credit counseling agency or seeking pro bono legal services.
Do I have to pay upfront for credit counseling and debtor education?
Yes, but many agencies allow you to pay reduced fees or offer payment plans.
Is there financial assistance available for filing bankruptcy?
Yes, legal aid organizations and some nonprofits provide financial assistance or free services for qualifying individuals.

Can I Keep My Retirement Savings If I File for Bankruptcy in California?

Posted on by Kostopoulos Bankruptcy Law

For those considering bankruptcy, protecting retirement savings is a top concern. You might be asking: Can you keep your retirement account if you file bankruptcy in California?

Yes, you can typically keep your retirement accounts when filing for bankruptcy in California. State and federal laws provide exemptions for most retirement accounts, including 401(k)s, IRAs, and public employee pensions, ensuring they are protected from creditors.

With decades of experience guiding Californians through bankruptcy, I’ve helped many safeguard their retirement savings during financial hardships. Let’s explore how these exemptions work and what steps you can take to secure your future.

Continue reading “Can I Keep My Retirement Savings If I File for Bankruptcy in California?”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About Retirement Savings and Bankruptcy

How does the Means Test affect eligibility?
The Means Test determines whether you qualify for Chapter 7 bankruptcy by comparing your income to the state median. If your income is above the threshold, you must pass additional calculations to demonstrate limited disposable income. Those who don’t qualify for Chapter 7 can explore Chapter 13 as an alternative.
What happens to pensions in bankruptcy?
Pensions are generally protected under federal and state exemptions, particularly if they are ERISA-qualified. However, pensions not covered by ERISA could be subject to creditor claims in a bankruptcy case. Consulting an attorney ensures your specific pension is safeguarded.
Are retirement accounts protected in bankruptcy?
Yes, most accounts, such as 401(k)s and IRAs, are protected under ERISA or state exemptions.
What happens if I withdraw retirement funds before filing?
Withdrawn funds become part of your personal assets and may be subject to creditors.
Can I choose between federal and California exemptions?
No, California requires you to use state-specific exemptions.
How can I rebuild credit after bankruptcy?
Paying bills on time, maintaining a secured credit card, and staying current on your mortgage can help.

Is Bankruptcy Public Record in California?

Posted on by Kostopoulos Bankruptcy Law

Filing for bankruptcy is a personal decision, but many people worry about who can access their information. You might be asking: Is bankruptcy public record in California?

Yes, bankruptcy filings in California are public records. These records can be accessed through the court clerk’s office or online via the Public Access to Court Electronic Records (PACER) system. However, sensitive information like Social Security numbers and account details are redacted to protect privacy.

With decades of experience guiding individuals through the bankruptcy process, I’ve helped many understand what public records mean and how to protect their privacy. Let’s dive deeper into what being a public record entails and how it may affect you.

Continue reading “Is Bankruptcy Public Record in California?”

How Much Does It Cost to File Bankruptcy in Michigan?

Posted on by Kostopoulos Bankruptcy Law

Filing for Chapter 7 bankruptcy is a significant decision, and understanding the associated costs is crucial for planning. You might be asking: How much does Chapter 7 bankruptcy cost in Michigan?

In Michigan, the court filing fee for Chapter 7 bankruptcy is $338 as of December 1, 2020. Additional costs may include attorney fees and credit counseling fees, which vary based on your case’s complexity.

With decades of experience assisting clients through bankruptcy in Michigan, I’ve helped individuals navigate the costs and resources available to make the process manageable. Let’s break down the expenses associated with Chapter 7 bankruptcy and what to expect when filing.

Continue reading “How Much Does It Cost to File Bankruptcy in Michigan?”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About The Costs Involved with Bankruptcy in MIchigan

Can I file for bankruptcy myself in Michigan?
Yes, you can file for bankruptcy yourself in Michigan, a process called “pro se” filing. However, it’s often recommended to hire an attorney to ensure your case is handled properly and to avoid costly mistakes.
How long does a bankruptcy take in Michigan?
In Michigan, Chapter 7 bankruptcy typically takes 3 to 6 months to complete, while Chapter 13 bankruptcy lasts 3 to 5 years due to its structured repayment plan. The exact timeline depends on factors like case complexity and court schedules.
Can I keep my car if I file bankruptcy in Michigan?
Yes, you may keep your car if you file for bankruptcy in Michigan, as long as you continue making payments and the car’s equity falls within Michigan’s exemption limits.
Is it cheaper to file Chapter 7 or 13?
It is generally cheaper to file Chapter 7 bankruptcy, as attorney fees typically range from $1,200 to $2,000, whereas Chapter 13 fees can be between $3,000 and $5,000.

Do You Lose Your Home if You File Bankruptcy in Michigan?

Posted on by Kostopoulos Bankruptcy Law

Filing for bankruptcy can be overwhelming, especially when it comes to concerns about keeping your home. You might be asking: Do you lose your home if you file bankruptcy in Michigan?

No, filing for bankruptcy in Michigan does not automatically mean losing your home. Michigan’s homestead exemption protects up to $46,125 of home equity in most cases, allowing many homeowners to keep their primary residence during bankruptcy. However, eligibility depends on the type of bankruptcy filed and the amount of equity in the home.

With decades of experience guiding individuals through bankruptcy, I’ve helped countless homeowners understand their rights and protect their property. Let’s explore how Michigan’s bankruptcy laws impact homeownership and what options may be available to you.

Continue reading “Do You Lose Your Home if You File Bankruptcy in Michigan?”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About Keeping Your Home in Michigan Bankruptcy

Do you automatically lose your home in bankruptcy?
No. Filing for bankruptcy does not mean you will automatically lose your home. Michigan’s homestead exemption protects a significant amount of equity in your primary residence.
What is the Michigan homestead exemption amount?
The Michigan homestead exemption protects up to $40,475 in equity ($60,725 if you are 65 or older or disabled). This protection applies only to your primary residence.
Can you stop foreclosure by filing bankruptcy?
Yes. Filing bankruptcy triggers an automatic stay that temporarily halts foreclosure proceedings. This gives you time to explore repayment or modification options.
What happens to your mortgage in Chapter 7 bankruptcy?
You must stay current on mortgage payments to keep your home in Chapter 7 bankruptcy. Reaffirming the loan may also be necessary.
Can Chapter 13 bankruptcy help you save your home?
Yes. Chapter 13 allows you to include mortgage arrears in a repayment plan, making it easier to catch up on past-due payments.
What happens if your home has non-exempt equity?
If your home has non-exempt equity, it may be sold in Chapter 7 bankruptcy. Filing Chapter 13 or negotiating with creditors may allow you to keep it.
How can an attorney help protect your home?
An attorney can apply exemptions, negotiate with creditors, and guide you in selecting the best bankruptcy chapter to protect your home.

How to Qualify for Chapter 13 Hardship Discharge in Michigan

Posted on by Kostopoulos Bankruptcy Law

To qualify for a Chapter 13 hardship discharge in Michigan, you must demonstrate circumstances beyond your control that prevent you from completing the repayment plan, show that unsecured creditors have received payments equivalent to what they would have under Chapter 7, and prove that modifying your repayment plan is not practical.

At Kostopoulos Bankruptcy Law, we understand how overwhelming financial challenges can be. With decades of experience helping Michigan residents secure debt relief, we’ll guide you through the requirements and process for obtaining a hardship discharge in Chapter 13 bankruptcy. Let’s explore who qualifies, how to apply, and the benefits of this vital bankruptcy tool.

Continue reading “How to Qualify for Chapter 13 Hardship Discharge in Michigan”

Start Your Financial Reset
Embrace A Debt-free Future

FAQs About Chapter 13 Hardship Discharge in Michigan

What Happens if My Hardship Discharge Is Approved?
Your qualifying debts are discharged, and you are no longer obligated to complete your repayment plan.
Does a Hardship Discharge Affect My Credit?
Yes, like any bankruptcy discharge, it will impact your credit report, but it also marks the resolution of your case.
Can I File for Chapter 7 After a Hardship Discharge?
Yes, but you must wait the required timeframe before filing for another bankruptcy case.
What If I Anticipate Future Income Changes?
If your income improves, the court may modify your repayment plan instead of granting a discharge.
What Is the Difference Between a Hardship Discharge and Conversion to Chapter 7?
A hardship discharge ends your Chapter 13 case without further payments, while a conversion to Chapter 7 involves liquidating non-exempt assets to pay creditors.

Key Differences:





Eligibility: A hardship discharge requires proof of uncontrollable hardship, while Chapter 7 requires passing the means test.



Process: Conversion to Chapter 7 may involve a new trustee and additional court filings.



Debt Relief: Both options discharge unsecured debts but have different asset implications.
Can You Reopen a Closed Bankruptcy Case to Request a Hardship Discharge?
Yes, you can reopen a closed Chapter 13 bankruptcy case to request a hardship discharge by filing a motion to reopen with the court.

Steps to Reopen:

File a motion explaining why reopening the case is necessary.
Provide supporting evidence, such as proof of hardship.
Attend a court hearing to present your case to the judge.

How to Remove a Judgment Lien from Property Chapter 7 in California

Posted on by Kostopoulos Bankruptcy Law

To remove a judgment lien from property in Chapter 7 bankruptcy in California, you can file a motion with the court to avoid the lien if it impairs an exemption. The court will review the property type and the lien’s impact on your exemptions before granting the motion. Alternatively, paying off the debt can also clear the lien.

Continue reading “How to Remove a Judgment Lien from Property Chapter 7 in California”

Start Your Financial Reset
Embrace A Debt-free Future

Frequently Asked Questions

What is a judgment lien?
A judgment lien is a legal claim placed on your property following a court ruling due to unpaid debts, enabling creditors to enforce payment by asserting rights over your assets. This lien remains until the debt is satisfied.
How does Chapter 7 bankruptcy help in removing judgment liens?
Chapter 7 bankruptcy can help remove judgment liens by allowing you to file a motion with the bankruptcy court to demonstrate that the lien is avoidable on exempt property. This process can effectively discharge the lien, providing relief from debt.
What types of property are exempt in California?
In California, certain assets such as primary residences under the homestead exemption, vehicles, and personal property are protected from creditor seizure. This ensures that individuals retain essential assets during financial difficulties.
What are common mistakes to avoid when removing judgment liens?
Avoiding judgment liens requires careful attention; common mistakes include ignoring the lien, lacking credible evidence, and neglecting to consult a bankruptcy attorney, all of which may lead to serious consequences. Ensuring you address these issues effectively is crucial for a successful removal process.
Why is timing important in removing judgment liens?
Timing is essential in removing judgment liens as it can significantly impact your ability to halt creditor actions and organize your finances effectively. Acting promptly can prevent missed opportunities that may lead to unfavorable outcomes, such as foreclosure.

Do you have a matter with which our lawyers can help you?

Get a Free, No-obligation Consultation