how to file for bankruptcy in michigan without a lawyer

If you are going to apply for bankruptcy in Michigan without hiring an attorney, you will need to:

• Gather records for all your debts -- from mortgages to personal loans
• Document all your income sources -- including wages, 1099 income, child support, and government assistance
• Record all debt repayments you have made leading up to your bankruptcy
• Participate in credit counseling within 6 months before filing

More items...

Full Answer

Do I need an attorney to file bankruptcy in Michigan?

Jan 01, 2019 · Yes, you can file and declare bankruptcy without a lawyer. However, it may only be worth it to file without a qualified attorney in a Chapter 7 bankruptcy case where it’s relatively easy to apply the bankruptcy laws on your own if you research the rules and learn what to expect. It’s very unlikely to successfully file for Chapter 13 or complex Chapter 7 cases without a …

Can I file bankruptcy without a lawyer in NY?

Jan 12, 2022 · Filing Without An Attorney. Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal …

Can I file Chapter 7 bankruptcy in Michigan?

Mar 11, 2014 · However, corporations must be represented by counsel, except in certain limited instances. (See Local Rule 9010-1). The judges, judges’ staff, clerk and clerk’s staff are not permitted to provide legal advice. However, if you are seeking general information about the bankruptcy process, please contact the Help Desk at (313) 234-0065.

What forms do I need to file bankruptcy without an attorney?

Jul 14, 2020 · If you are going to apply for bankruptcy in Michigan without hiring an attorney, you will need to: Gather records for all your debts -- from mortgages to personal loans Document all your income sources -- including wages, 1099 income, child support, and government assistance Record all debt repayments you have made leading up to your bankruptcy

Can I file bankruptcy without a lawyer in Michigan?

yes, you're able to file Chapter 7 or Chapter 13 bankruptcy in Michigan without needing a lawyer.

What are the requirements to file bankruptcy in Michigan?

Michigan bankruptcy rules require that you send the following documents to the trustee at least seven days before your 341 meeting:Pay stubs from the 60 days before filing,Your two most recent tax returns,Any certificates of title,Current statements from your secured creditors,More items...•Feb 22, 2022

What is protected in bankruptcy in Michigan?

In most cases, bankruptcy exemptions in Michigan allow you to keep exempt property that you will need to maintain a household and job. The property includes items like clothing, furnishings, and some equity in a car.Jan 5, 2022

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

Do I qualify for Chapter 7 in Michigan?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

Can I file Chapter 7 and keep my house in Michigan?

Chapter 7 bankruptcy comes under the liquidation category. It's called liquidation because the bankruptcy trustee may take and sell ("liquidate") some of your property to pay back some of your debt. However, you may keep property that is protected (also called "exempt") under state law.

How much equity can I have in my home and still file Chapter 7 in Michigan?

Exemptions in Michigan Under the exemption law, you can exempt up to $35,300 worth of equity in your residence from the bankruptcy estate. If you file for Chapter 7 and have more equity than is covered by the exemption, your house may be sold to pay your creditors the amount that exceeds the exemption.

How much does it cost to file Chapter 7 in Michigan?

The filing fee for a Chapter 7 bankruptcy in Michigan is $299. For a Chapter 13 bankruptcy, the filing fee is $274.

Can I keep 2 cars in Chapter 7?

In some cases, you can keep two cars when you file for Chapter 7 bankruptcy. But you'll need to be able to protect all of your vehicle equity using a bankruptcy exemption.

What can you do instead of bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

What chapter bankruptcy wipes out debt?

Chapter 7 BankruptcyChapter 7 Bankruptcy Discharge Wipes Out Most Debts Forever Most debts incurred by the typical American consumer are erased by Chapter 7. The types of debt Chapter 7 bankruptcy discharges are: credit card debt. medical bills.Oct 20, 2020

What Cannot be discharged in Chapter 7 bankruptcy?

Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.

Can I file for bankruptcy in Michigan without a lawyer?

In a Chapter 13 case, consumers representing themselves only succeeded in 2.3% of cases. By contrast, 96.2% of lawyer-represented Chapter 7 and 41.5% of Chapter 13 cases were discharged successfully. These statistics show that while you can start a bankruptcy in Michigan without a lawyer, you may not finish it alone.

Is Chapter 13 bankruptcy good?

Chapter 13 bankruptcy is a good option for individuals and families with homes or other property they don’t want to lose and a predictable source of income. However, the process of requesting and completing a Chapter 13 bankruptcy payment plan is even more complicated than a Chapter 7. You should be prepared to create and live by a strict budget that sends nearly all your income to creditors for 3 to 5 years. While the plan is in place you will need to file ongoing reports with the trustee and attend several status hearings at the court. Your Chapter 13 bankruptcy won’t be discharged until the payment plan is successfully completed.

Can I file for bankruptcy in Michigan?

Chapter 7 bankruptcy is often the best option for individuals and families who don’t have many assets, especially renters who don’t own a home. Just like any other court, you are allowed to represent yourself in a bankruptcy case. There are many resources to show you how to file bankruptcy yourself in Michigan and across the country. The federal court system has even made the forms available for free on its website.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How much is the homestead exemption in Michigan?

Additionally, if you are over 65 years of age or disabled you can increase the Michigan state homestead exemption to $57,350. If you are filing bankruptcy in Michigan and you have a lot of equity in your home you should absolutely consider using the Michigan state exemptions rather than the federal exemptions.

What are the divisions of the Western District of Michigan?

The Western District of Michigan is divided into five divisions: Grand Rapids, Marquette, Kalamazoo, Lansing and Traverse City. Here, again, you can contact the court clerk to determine which division you will need to file in. The Western District also requires specific local forms in addition to the federal forms, including a separate Schedule C for a joint case, the Mailing Matrix, and an Asset Protection Report.

Can you file Chapter 7 in Michigan?

Filing a Chapter 7 in Michigan allows you to choose between taking the federal exemptions and the Michigan exemptions. There are a couple big differences between the federal exemptions and the Michigan exemptions. First, if you are filing as a married couple filing jointly you can double some (but not all) of the Michigan bankruptcy exemptions. This does not apply to the homestead exemption, which is the second biggest difference between state and federal exemptions - the homestead exemption in Michigan (equity up to $38,225) is significantly higher than the federal homestead exemption (equity up to $25,150.) Additionally, if you are over 65 years of age or disabled you can increase the Michigan state homestead exemption to $57,350. If you are filing bankruptcy in Michigan and you have a lot of equity in your home you should absolutely consider using the Michigan state exemptions rather than the federal exemptions. There are always trade-offs to consider, however, as the federal exemptions are more favorable for your household goods and also offers a “wildcard” exemption that you can apply to something not otherwise protected by other exemptions. Below, we will compare some of the most popular in each set. Remember that you can choose either set but you cannot mix and match between them.

Is Chapter 7 bankruptcy required in Michigan?

Filing for a Chapter 7 bankruptcy in Michigan requires a mix of both federal and local forms. The federal forms make up the bulk of the paperwork which will be the same throughout the country. The local Michigan bankruptcy forms, however, are also necessary, so make certain that you are completing everything listed in the earlier checklist. Local forms may also vary by district. Michigan has two bankruptcy districts - the Eastern District of Michigan and the Western District of Michigan.

When does it make sense to file for Bankruptcy without a lawyer?

You may not need a lawyer to successfully declare bankruptcy in a simple Chapter 7 bankruptcy case (Chapter bankruptcy 7 is the fastest route to completely wipe out most kinds of debt).

Anyone can file there own bankruptcy

Yes, you can successfully file for bankruptcy without an attorney. However, it may still be worth it to hire a qualified attorney in a simple Chapter 7 bankruptcy filing, since you still need to spend a great deal of time researching bankruptcy laws, deciding how they apply to you, gather your financial information, and attend court.

When You Definitely should NOT File On Your Own

You most likely need an attorney when filing Chapter 13, since it involves complex processes that are really difficult to navigate on your own. Declaring Chapter 13 involves creating a plan of how you will pay back the money you owe the debtors which the court will then approve.

How will your lawyer help you file for Chapter 7 or Chapter 13 bankruptcy

Help decide whether you should file for bankruptcy altogether. Many qualified attorneys will meet with you for an initial meeting which is often free. During this meeting, they will explain the bankruptcy process and laws to you in an easily understandable way.

In summary

Yes, you can file and declare bankruptcy without a lawyer. However, it may only be worth it to file without a qualified attorney in a Chapter 7 bankruptcy case where it’s relatively easy to apply the bankruptcy laws on your own if you research the rules and learn what to expect.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

How long does a Chapter 7 bankruptcy last?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.

How to determine if you qualify for Chapter 7?

First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.

What are non-dischargeable debts?

There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

Is bankruptcy good for unsecured debt?

Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.

How long does it take to get a trustee's meeting?

This is generally a short proceeding, maybe 15-20 minutes, and Trustees are accustomed to working with pro se debtors.

Do I need an attorney to file for bankruptcy?

You are not required to hire an attorney to file bankruptcy. You can do so for free, or with a legal aid organization. Written by Attorney Eva Bacevice. Updated October 7, 2020.