The rules on filing bankruptcy are all founding the Bankruptcy Code. The time frame are all based on filing date to filing date (as opposed to discharge date). You can file Chapter 13 every 2 years (11 USC 1328(f)(2)). You can file a Chapter 13 – 4 years after the filing date of a previous…

Filing an emergency bankruptcy can stop a foreclosure sale, a forfeiture, repossessions and garnishments.

There are a number of factors that must be taken into consideration including the following: 1. Time since prior discharge. 2. The Means Test. 3. Whether a married couple has filed jointly or singly and now wants to reconsider. 4. The limited 30 day stay on a refile. 5. The balance on secured cram downs…

Under MCL 600.5809(3), a judgment from a Michigan court is good for 10 years.  A judgment can, however, be renewed for an additional 10-year period.  The “new judgment” is in fact a new judgment against the defendant in the original action to renew or extend the effect of that judgment. To renew the judgment you…

It depends.  Payroll or employment taxes are comprised of two parts which include the following: 1.  The employer portion; and 2. The employee portion. The employer portion of payroll taxes can be discharged if the following conditions are met: 1. More than three years between the date the 941 tax return was due and the…

I receive a lot of calls about garnishments.  Many people are concerned that a creditor or a collection agency can garnish their bank account or wages.  The one thing you have to remember is that a Garnishment is not allowed until a court has entered a Judgment against you.  No creditor or collection agency can…

If you get sued by a creditor you will receive a Complaint either by personal service or by certified mail.  If you are personally served with a Complaint, you have 21 days to answer the Complaint.  If you are served by certified mail, you have 28 days to answer the Complaint. To prepare your Answer…