On an Appeal made by Defendant Deborah Barczyk, the 6th Circuit Opinion is that the District Court for the Eastern District (MI) has authority, to order a foreclosure and sale of entireties property having attached Federal tax liens. The delinquent tax debt in the instant matter belonged solely to Defendant Barczyk’s spouse. Noting it was…
All posts by Mike Shovan
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…
MEDIAN INCOME IN MICHIGAN – Effective November 1, 2011
Here are the new median income numbers applicable to Chapter 7 and Chapter 13 bankruptcy in Michigan: 1 person: $43,677 up from $42,562 2 persons: $50,079 down from $50,738 3 persons: $58,467 down from $60,161 4 persons: $70,237 down from $71,158 5 persons: $77,737 down from $79,258 6 persons: $85,237 down from $86,758…
The Bankruptcy “Cram Down” – One Cure for the “Foreclosure Crisis”
Introduction The “Occupy Wall Street” movement represents a sizeable sentiment of angry Americans who wonder why the Government bailed out Wall Street while allowing the current “foreclosure crisis” to destroy neighborhoods and lives. Arguably, Congress could have averted this crisis if they had legislated a “Cram Down” provision for home mortgages in Chapter 7 and…
What are the Limitations on Debt Amounts in a Chapter 13 Bankruptcy?
The Bankruptcy Code imposes certain limitations on the Chapter 13 Plans. Those limitations relate to the amount of debt you can have and still file a Chapter 13 Bankruptcy. If your debts exceed these limitations, then you would have to consider filing a Chapter 11 Bankruptcy. Here are the debt limitations: 1. You cannot have…
What happens if Consumers is threatening to shut off my power?
The first thing you do is call the Consumers Energy Shut Off Department. You can call Mia at (248) 433-5923 or Dorothy at (248) 433-5963. They will give you some time to get your affairs in order. Your next call should be make to my office at (989) 233-9389 to make an appointment for a…