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6th Circuit forces entireties property sale to satisfy tax debt of singular spouse

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 previously decided by the Supreme Court (Rodgers, 461 U.S.)…once a tax lien properly attaches to any jointly-owned marital (real) property “a district court may order a forced sale of that property”, even when this expressly destroys the state-guaranteed survivorship entitlement expected as tenants by the entirety.  Though an entireties property estate has the right to block the other spouse from selling said property unilaterally…the enforcement provisions of 26 U.S.C. Sec….

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 7 or more persons:    Add $7,500 per household member. Remember, household size is based on heads in beds.

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 Chapter 13 of the Bankruptcy Code. The “Foreclosure Crisis” The “Foreclosure Crisis” resulted from irresponsible and reckless lending practices by mortgage lenders and banks. Consumers leveraged their homes to support massive debt based on assumptions that real estate values would continue to increase. The recession precipitated the default on home mortgages. Banks foreclosed on homes and real estate values plummeted. Neighborhoods, lives and families have been destroyed. Consumer Bankruptcy in…

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 free consultation with Attorney Mike Shovan at Ext 1 or Attorney Blair Stevenson at Ext 2 with the Bankruptcy Doctor.  Bankruptcy will discharge your past due Consumers obligation. They may charge you a deposit for future service – but filing Bankruptcy wipes the slate clean.

How Often Can I File for Bankruptcy in Michigan?

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 Chapter 7 (11 USC 1328(f)(1)). You can file a Chapter 7 – 6 years after the filing date of a previous Chapter 13 (11 USC 729=727(a)(9)). You can file a Chapter 7 every 8 years (11 USC 727(a)(8)). Once caveat to these filing rules is that you can file a Chapter 7 anytime after you file a Chapter 13 – if 100% of your unsecured creditors were paid in full…

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