Kostopoulos Bankruptcy Law

Tag: Michigan Bankruptcy

Will Filing for Bankruptcy Affect My Tax Return in Michigan?

Posted on by Kostopoulos Bankruptcy Law

The saying goes that there is nothing certain but death and taxes, and you know from experience how different types of taxes impact your life. Therefore, if you are considering bankruptcy, you can expect that a key topic will be taxed.  You may be wondering, will filing for bankruptcy affect my tax return in Michigan?

Yes, filing for bankruptcy in Michigan can affect your tax return, especially regarding tax refunds, as they become part of the bankruptcy estate, but refunds for income earned after filing are yours to keep. 

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What Is the Process for Filing Bankruptcy in Michigan?

Posted on by Kostopoulos Bankruptcy Law
If you’re struggling with overwhelming debt, you might be wondering: What is the process for filing bankruptcy in Michigan?
To file for bankruptcy in Michigan, you must complete credit counseling, gather necessary financial documents, file a petition with the court, attend a meeting of creditors, and complete a debtor education course, with the specific steps varying slightly for Chapter 7 and Chapter 13. 

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FAQs About Filing Bankruptcy in Michigan

What is the Means Test for Bankruptcy in Michigan?
The means test determines Chapter 7 eligibility by comparing your income to Michigan's median income and deducting allowable expenses.
Can I Keep My Home in a Michigan Bankruptcy?
Yes, Michigan’s homestead exemption protects up to $46,125 in home equity, allowing many filers to retain their homes.
What Happens to My Car in a Michigan Bankruptcy?
You can keep your car if its equity is within Michigan’s vehicle exemption limit of $3,775 or if you reaffirm the loan.
Can Bankruptcy Stop Wage Garnishment in Michigan?
Yes, filing for bankruptcy triggers an automatic stay that halts wage garnishments and other collection efforts.
Are Student Loans Dischargeable in Michigan Bankruptcy?
Student loans are rarely dischargeable, but they may be eliminated if undue hardship is proven.
How Often Can You File Bankruptcy in Michigan?
You can file Chapter 7 eight years after a previous Chapter 7 discharge, or Chapter 13 two years after a prior Chapter 13 discharge.
How Do I Choose Between Chapter 7 and Chapter 13?
Chapter 7 eliminates unsecured debts quickly, while Chapter 13 allows you to catch up on secured debts like a mortgage or car loan.

What Are the Eligibility Criteria for Filing for Bankruptcy in Michigan?

Posted on by Kostopoulos Bankruptcy Law

If you’re facing financial hardship, you may be asking: What are the eligibility criteria for filing for bankruptcy in Michigan?

To file for bankruptcy in Michigan, you must meet specific eligibility requirements, including income limitations, completion of credit counseling, and debt thresholds set by federal law. Chapter 7 and Chapter 13 each have distinct qualifications.

With decades of experience guiding individuals through the bankruptcy process, I’ve helped countless people determine their eligibility and choose the best path toward financial relief. Below, I’ll break down the key requirements for each type of bankruptcy and what you need to know before filing.

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Can One Spouse File Bankruptcy Without Affecting the Other in Michigan?

Posted on by Kostopoulos Bankruptcy Law

If you’re married and facing financial hardship, you may be wondering: Can one spouse file bankruptcy without affecting the other in Michigan?

Yes, one spouse can file for bankruptcy without the other, but the non-filing spouse may still be impacted, particularly if they share joint debts or assets.

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Does Bankruptcy Stop Wage Garnishments in Michigan?

Posted on by Kostopoulos Bankruptcy Law

If you’re struggling with wage garnishment, you might be wondering: Does bankruptcy stop wage garnishments in Michigan?

Yes, filing for bankruptcy in Michigan—whether Chapter 7 or Chapter 13—triggers an automatic stay that generally stops wage garnishments, preventing creditors from continuing collection efforts. However, garnishments for child support, alimony, and certain tax debts are exceptions and may continue.

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How Long Does It Take To Get a Discharge in Michigan?

Posted on by Kostopoulos Bankruptcy Law

Debt can get out of hand before you realize it, leaving you struggling to pay bills and fearing legal action from creditors. Despite efforts to make payments and cutting your budget, you may be unable to stay on top of your finances. Unfortunately, the more you fall behind, the more the fees add up. You may have already considered some options for getting out of debt without court, but these are not always the best fit for your situation. Bankruptcy in Michigan may be a wise solution, since it eliminates qualifying debt. One of the first questions for many filers is timing and how long it takes to get a discharge in Detroit.

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