Yes. As reported by Robin Miller of CBAR, following the confirmation of the Chapter 13 debtor’s plan, the property of the estate revested in the debtor. Accordingly, the court could not grant the debtor’s motion, following the confirmation of his plan, to sell certain real property free and clear of liens under Code § 363(f),…

As reported by Robin Miller of CBAR, any increase in the cash surrender value of the Chapter 13 debtor’s life insurance policy was neither income nor projected disposable income. Courts have repeatedly held that “[o]nly regular income and substitutes therefor can be counted in the determination of disposable income for the purposes of the chapter…

According to Robing Miller of CBAR, under Illinois law, a quitclaim deed given to the mortgage lender by the debtor prepetition in connection with a forbearance agreement was treated as an equitable mortgage rather than as a conveyance of the property. As a result, the debtor remained the owner of the property and could include…

The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect consumers from improper tactics and other abuses used by debt collectors. The FDCPA does not apply to the original creditor. The FDCPA applies to third-party debt collection agencies. It is very important to document everything. You want detailed records indicating when the…

As reported by the National Association of Consumer Bankruptcy Attorneys, NACBA filed amicus briefs on Monday in two pending Supreme Court cases: Harris v. Veigelahn and Bullard v. Blue Hills Bank. The issue in Harris is whether funds paid into a confirmed chapter 13 plan that are still in the trustee’s possession when the bankruptcy is converted to chapter 7 should be refunded…

WARNING: ADULT CONTENT & ACTION REQUIRED If you owe the 2012 real estate taxes on your house, you must take immediate action as follows: 1. Call Attorney Mike Shovan at (989) 233-9389 immediately. 2. Open any notice from the Saginaw County Treasurer’s office and read it. Follow the directions set forth in any notice: make…

Yes. Michigan has adopted the Uniform Enforcement of Foreign Judgments Act which can be found at MCL 691.1171. Under this statute, an out of state creditor can make their judgment enforceable in a Michigan court. The process is real simple. All they have to do is the following: File a certified copy of the judgment…