It’s true. You can buy a “new” (new used or sometimes even brand new) during your CHAPTER 13 BANKRUPTCY. Our Trustee, Tom McDonald, put together a program with several local dealers that allows debtors to purchase and finance a new car during their Chapter 13 proceeding. Sounds too good to be true – just wait [...]
Bankruptcy in Michigan
Category Archives: Chapter 13
What are the DEBT LIMITS for filing a CHAPTER 13 BANKRUPTCY?
In order to qualify for a Chapter 13 Bankruptcy you are limited by the amount of your debt obligations by class: secured and unsecured. You can have up to $1,081,400 in secured debt and still file a Chapter 13 Bankruptcy in Michigan. You can have up to $360,475 in unsecured debt and still file a [...]
Michigan Bankruptcy- In Chapter 13 Can You Choose Between Paying a Set Fee or On An Hourly Basis?
Michigan Bankruptcy Fee or Hourly Basis Fee. Each 2016(b) statement provides for compensation to be either a stated flat fee; or payment of a stated retainer amount against which the attorney would bill at a specific hourly rate, with debtor agreeing to pay all Court approved fees exceeding the retainer. During the consideration of a [...]
Michigan Bankruptcy – 6th Circuit Says Avoidance Powers Allowed By Ch. 13 Debtor
Bankruptcy in Michigan-Avoidance Powers and Chapter 13. The issue of whether a Ch. 13 debtor has standing to exercise avoidance powers (normally) exclusive to the Standing Trustee was reviewed by a 6th Circuit Panel. The Bankruptcy Court for the Eastern District of KY held that Debtor Gary Barbee has standing to initiate an avoidance action, [...]
No Automatic Stay For Child Custody Legal Fees
In the midst of a protracted child custody dispute, a Debtor filed a Ch. 13. Previously this Debtor was ordered to pay legal fees incurred from the custody case. A non-bankruptcy Court may determine if the automatic stay applies toward a debt. U.S. District Courts have appellate jurisdiction over decisions of the Bankruptcy Court. The [...]
Appeals Court says SSI isn’t disposable income in Chapter 13.
Baud is an opinion from the 6th Circuit Court of Appeals. DMI is a projected figure, and in this case, when debtors were above median income filers, whether or not it was available primarily depended upon if SSI benefits may be included in the determining calculation. Through analyzing relevant statutes 6th Circuit concluded in Baud any [...]
Court cites Baud as a precedent in Tobias decision. Agrees SSI is not disposable income.
Tobias was a Court decision made in the Eastern District of MI, Southern Division. In making the Tobias opinion, the Court specifically requested briefs from parties on Baud and the impact of it on the present case’s Confirmation. Leading up to this decision the 13 Trustee hadn’t filed any formal objection, but refused to approve [...]