Here is a list of the notable Bankruptcy Court decisions from the past 2 years: 1. Rash. In this case, the US Supreme Court determined that the value of a secured creditor’s claim in a Chapter 13 cram down is based on the value of the property retained  is based on “the cost the cost the debtor would incur to obtain a like asset for the same ‘proposed . . . use’.” 2. Dewsnup. In this case, the Court held that despite the provisions of 11 USC 506(d) – the under secured portion of a mortgage remains a valid lien in a Chapter 7 proceeding. 3. Lamie. In this case, the Court affirmed the decision of the 4th Circuit Court and maintained that 11 USC…

How about recovering almost $7,000 in pre-petition garnishments for clients? Through our persistent efforts, we have helped clients recover almost $7,000 in money that was garnished from their wages, bank accounts and state income tax returns. We filed the necessary documents to get the underlying actions (judgments) stayed and then followed up on every garnishment release signed and entered with the appropriate court. The little things that mean a lot – the benefits of working with our committed staff and our guaranteed 5 star client service. Call Tracy or Gina at (989) 262-4583 or Tina at (989) 262-4582 – experience the difference yourself. Call the Bankruptcy Doctor and let the financial healing begin! Our State of the Art Computer system allows us to serve all…

In a long awaited decision, Judge Opperman upheld the Mortgage Modification provisions introduced by Chapter 13 Trustee Thomas W. McDonald, Jr. earlier this year. In the case In re Summers, Judge Opperman established the procedures through which a Chapter 13 Debtor could seek to modify the terms of their mortgage. The only provision that was not included in Trustee McDonald’s proposal was that of submitting documents to a “central portal.” The “central portal” was designed to eliminate the frustration of many home owners who fax and refax documents to mortgage companies – only to be told the documents are lost or misplaced. Truth be told – many mortgage banks simply delete the digital faxes or shred the paper faxes in an effort to frustrate home…

Without doubt, Chapter 13 Bankruptcy is the most powerful tool for reorganizing your finances in the US – the free world. Chapter 13 gives you an opportunity to reorganize your life and emerge from the dismal darkness of the absolute hell of insolvency. Lately, I have met with several people who are in 13’s and are being represented by other lawyers. What disheartens me most – is the fact that many lawyers do not take the time to help their clients put together a reasonable and feasible budget. No matter the term of your plan – be it 3 years or 5 years – you commit to making a plan payment and you commit to surrendering at least 50% of your income tax refund for…

This question comes up all the time. People who have trashed their credit scores worry about getting credit again. Here is how it works? I helps if you start out by cleaning up your past wreckage. In other words, file for BANKRUPTCY get your discharge and move forward. For most of us – we don’t have the time it would take to pay off our credit cards or auto loan deficiencies. You can work your butt off and make minimum payments but you will never get ahead. Sometimes – you have to surrender to win. Once you clean up or past or once you file your bankruptcy and benefit from the automatic stay – you will be amazed at how easy it will be for…

I am attaching a portion of the Chapter 13 Handbook that you were given at your 341 hearing right after your Chapter 13 case was filed. Please take a moment and review this attachment. I have high lighted and underscored the more relevant provisions. It is extremely important that you read this attachment and keep it hand for future reference. As the Trustee states, completing “your plan successfully, is going to take a great deal of hard work.” That – is an understatement. Chapter 13 provided a great deal of hard work for you and for your attorney. Here, at our office, we care about you and your success. We must – however – operate within the confines of the law, the rules and the…

No. Under Section 525(b) private employers are prohibited from terminating or discriminating against you because you file for Bankruptcy under Chapter 7 or Chapter 13. That being said, a prospective employer may run a back ground check on you and deny you employment based upon your filing. It just depends on the employer. Our State of the Art Computer system allows us to serve all of the Counties and Cities in the North East Michigan including: Saginaw (Saginaw, Frankenmuth, Chesaning, St. Charles, Hemlock, Shields, Freeland, Carrollton ); Bay (Bay City, Essexville, Auburn, Kawkawlin, Linwood, Pinconning, Standish); Midland (Midland, Sanford, Edenville, Wixom Lake); Gratiot (Ithaca, Alma, St. Louis, Breckenridge); . Isabella (Mount Pleasant, Shepherd, Coleman); Gladwin (Gladwin, Beaverton, Rhodes); .Clare (Clare, Farwell, Harrison); Roscommon (Roscommon, Prudenville,…