5 Best Kalamazoo, MI Bankruptcy Attorneys | Expertise.com (2024)

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FAQs

• Where do I file for bankruptcy in Kalamazoo, Michigan?

  The United States Bankruptcy Court has a location in Kalamazoo under its Western District in Michigan found at the US Courthouse & Federal Building, 410 W. Michigan, Room 114, Kalamazoo, MI 49007.

• Where can I get bankruptcy forms in Kalamazoo, Michigan?

  You can get federal and local bankruptcy forms from the United States Bankruptcy Court Western District of Michigan's website at https://www.miwb.uscourts.gov/forms/all-forms.

• What forms of documentation are necessary to file for bankruptcy in Kalamazoo?

  In Kalamazoo, as a general rule, you should prepare financial and ownership documents, such as up to two years worth of tax documentation, proof of income, and vehicle or land titles. Legal counsel may also request you to provide them with any bills you have on hand and can assist in pulling your credit information online.

• Is your workplace allowed to lower your salary after you file for bankruptcy in Kalamazoo?

  No, your workplace is not allowed to lower your salary after you file for bankruptcy in Kalamazoo. It is against applicable laws in Kalamazoo for your workplace or employers to take discriminatory acts, such as removing you from certain work responsibilities or firing you because you filed for bankruptcy.

• Do you have to sell your car if you file for bankruptcy in Kalamazoo?

  You may not need to sell your car during the bankruptcy process in Kalamazoo if its value is covered by state and federal exemption thresholds, namely up to $4,450 in equity under current state thresholds and up to $19,875 in equity if applying various federal thresholds. If your car's value is above these thresholds, you may still work with an attorney to find a legal option to keep your car during the bankruptcy process.

• Do you need to have a certain amount of debt to file for bankruptcy in Kalamazoo?

  There is no minimum amount of debt required to file for bankruptcy in Kalamazoo. You still need to qualify for the bankruptcy option you chose, such as the state median income requirement and mandatory credit counseling course in chapter 7 bankruptcies or the maximum debt threshold in chapter 13 bankruptcies.

• Can you still take out loans after filing for bankruptcy in Kalamazoo?

  Yes, though usually, you must wait for some time after filing for bankruptcy before you can take out a loan. For example, you can generally get a car loan about two years after a chapter 7 bankruptcy and a mortgage roughly three to four years after a chapter 13 bankruptcy.

• What does a bankruptcy attorney do?

  Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

• What happens when you file bankruptcy?

  Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

  Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

• Can you file bankruptcy on student loans?

  Under most circ*mstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

• What is bankruptcy fraud?

  Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

• How long is bankruptcy on public record?

  How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

• Does bankruptcy clear tax debt?

  Bankruptcy can clear tax debt, depending on the circ*mstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

  Existing liens are not eliminated with bankruptcy.

  
  

• Can they take my car in Chapter 7 bankruptcy?

  In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

• How bad is it to file bankruptcy twice?

  Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

  Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

• Can anyone file bankruptcy?

  Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

• How will bankruptcy affect my credit score?

  Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

• What are the benefits of filing for bankruptcy?

  Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

• What's the difference between debt settlement and bankruptcy?

  Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

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