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 and/or redemptions. 6. Any subsequent foreclosure. 7. Good / bad faith issues. 8. The ability to obtain a Chapter 13 hardship discharge. 9. The ability to obtain a Chapter 13 super discharge. 10. The ability to obtain a super discharge. 11. Priority debt status. 12. Liquidation analysis. From this post you can see that a decision to convert a Chapter 13 to a Chapter 7 or to dismiss a Chapter…

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 would file a motion with the court asserting the following allegations: 1)  The plaintiff obtain judgment against the defendant in the amount of $_____ on _____ (date). 2)  There remains a balance of $_____, including interest on the judgment. 3)  Pursuant to MCL 600.5809, this motion is being brought to renew the judgment for an additional 10 years. You would then sign the motion and then file it with the…

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 date that the bankruptcy was filed has elapsed; 2. More than two years between the date the 941 tax return was filed and the date the bankruptcy cased was filed has expired; and 3. The employer did not willfully evade the payment of taxes. The employer portion of the payroll tax is the tax which the employer owes directly to the IRS.  These taxes include the employer’s obligation to match…

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 garnish your bank account or wages until they obtain a Garnishment. The one exception is if you owe money to a bank or a credit union on a loan, they may take the money out of your account without a Court Order or Judgment.  This process is called a “set-off.”  Federal benefits, including social security benefits, can be set-off for back child support, alimony obligations and for debts owed to…

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 to Complaint, copy the caption as it appears on the Complaint with which you’ve been served.  Under the attorney for the plaintiff’s name and other information, include your name and information and reference yourself as “Defendant In Pro Per.”  You will then title the document “Answer And Affirmative Defenses.” You then state “Defendant answers as follows:”  You then proceed to answer each numbered paragraph by either admitting, denying, or neither…

Generally, a bankruptcy should have no impact on eligibility for federal student aid.  However, most bankruptcies will impact the eligibility for a private loan.

All home owners should be cautious in dealing with any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan.   The scam artists will attempt to require a fee in advance.  Often in the majority of cases, the scam artists never perform any work and simply steal your money. Loan Modification scams should be reported to “preventloanscams.org” or call (888) 995-4673.