If you get divorced within 180 days of filing for bankruptcy in Michigan, any property that you acquire through a property settlement agreement becomes property of your bankruptcy estate.  Make sure that you carefully review your exemption allowance analysis to make sure that you don’t inadvertently ad non exempt assets that will be seized by the trustee and distributed to your unsecured  creditors.

Yes. You can demand that a creditor return any money that is garnished within 90 days of your filing for bankruptcy. The creditor’s taking of the money would constitute a voidable preference and you are entitled to receive that money. If the creditor does not voluntarily disgorge your money, you can sue them to recover the money and also recover any attorney fees.

Yes. But – only for the limited purpose of confirming that you live in the house. A debt collector can call your house and confirm that you live in the house. But, they cannot say that you owe a debt or discuss your situation with them.

Yes it can. A cram down is the process where the principal balance on a loan is reduced to the value of the collateral that has been pledged as collateral for that loan. In the case captioned In re Reinhardt, 563 F.3d 558 (6th Cir., 2009) the court held that a manufactured home that is not attached to the real estate is considered personal property and any loan associated with that personal property can be crammed down. The Reinhardt court maintained that 11 U.S.C. 1322(b)(2) prevents modification of “a claim secured only by a security interest in real property that is the debtor’s principal residence ….” The key point in Reinhardt was that the manufactured home was considered personal property, and not real property. A…

Just because the debt was written off does not mean they will release the mortgage.  Michigan law (MCLA 600.3175(1)) provides: (1) When a recorded mortgage on real property, land contract, or tax lien (except tax liens held by the state or any political subdivision of the state) on lands or property has been paid or satisfied or when 15 years have elapsed since the debt or lien secured by the mortgage, land contract, or tax lien became due and payable or since the last payment made upon it, and no civil action or proceedings have been commenced to collect the same and in case of tax deeds when no service of notice to interested persons (of any kind) has been filed with the county clerk,…

The Saginaw News reported today that mortgage foreclosures in Saginaw County rose to 1000 in 2010. Foreclosures for 2009 were 740 and 1130 for 2008. Tax foreclosures increased as well with 837 in 2010 up from 789 in 2009. County Treasurer Marvin D. Hare remarked “Nothing’s any better than it was, and a lot of people don’t have any money.” Pamelia Brazil from Circle of Love said 387 people asked for foreclosure counseling service in 2010 compared to 202 in 2009. The January 2011 bankruptcy filings are also staggering compared with the 2010. This January 261 people filed Chapter 7 compared to only 18 in 2010. 86 people filed Chapter 13 in 2011 compared to 67 in 2010. Times are tough and I am here…

I file several plan mod’s a year to keep tax refunds, and have yet to have a major issue.  In each case I have clear expenses in mind (tires, home repair, dental/medical bills, etc.) and point out that the amount budgeted in the plan is not large enough to cover the unexpected expense.   Keep in mind the definition of disposable income, “the amount not necessary for the health welfare or support of the debtor and dependents”.   I make clear that it is impossible to account for a $1,500 repair bill in a $300 transportation line item etc…