how to file for bankruptcy in michigan without a lawyer if i am disabilided

Do I need a lawyer to file Chapter 7 bankruptcy in Michigan?

You don’t have to have a lawyer to file Chapter 7 bankruptcy in Michigan. This guide walks you through how to file without one. You’ll need to collect certain financial documents before you can begin a Chapter 7 bankruptcy. Some documents are required, meaning you’ll have to turn them in with your bankruptcy forms when you file your case.

Can I file bankruptcy in Michigan if I live downstate?

Michiganders who live downstate have a lot of options for debt relief, simply because they’re close to most of Michigan’s larger cities. In contrast, Michiganders who live in the less populated northern regions may find themselves needing to go it alone if they want to file bankruptcy .

How do I file bankruptcy in Michigan?

The petition and the corresponding filing fee must be submitted to the bankruptcy courts. Bankruptcy law in Michigan is a federal matter, so there are only specific courts that handle bankruptcy cases.

What should I look for when hiring a bankruptcy lawyer in Michigan?

You should also look at the lawyer’s experience and references, and make sure you’re able to communicate well with them. If you’re not comfortable filing bankruptcy on your own, there are legal aid organizations in Michigan that offer free or low-cost legal assistance to those who qualify.

Can I file for bankruptcy myself in Michigan?

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.

Do you need a lawyer to file bankruptcy in Michigan?

You can hire a bankruptcy lawyer to help you with your case, but lawyers tend to be the most expensive cost of bankruptcy. You don't have to have a lawyer to file Chapter 7 bankruptcy in Michigan.

Can a person file bankruptcy by themselves?

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.

How much does it cost to do bankruptcy in Michigan?

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

What is the income limit for Chapter 7 bankruptcy 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.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What are three alternatives to 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...

Do you get out of all debts if you declare bankruptcy?

While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you so that you can move on with your life, not all debts are eligible for discharge.

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

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

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

How many times can you file for bankruptcy in Michigan?

When filing for bankruptcy a second time, the following waiting periods apply: Previous Chapter 7 filing and filing again: 8 Years. Previous Chapter 13 filing and filing again: 4 Years.

How much does a bankruptcy lawyer cost in Michigan?

Bankruptcy attorneys in Michigan cost between $1,100 – $1,250. Written by Upsolve Team. The price of a personal bankruptcy attorney in Michigan is around $1,175.00 (Low: $1,100.00. High: $1,250.00).

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.

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 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.

Can you keep your house after filing for bankruptcy?

But don’t worry, you can still keep your house before, during, and after you file for Chapter 7 bankruptcy as long as you stay current on your mortgage payments. In Michigan, you can protect your home from creditors, so be sure to declare this when you fill out these files for bankruptcy. Chapter 7 bankruptcy enables you to continue paying your mortgage instead of using that money to pay off other debts, including debt on credit cards

Does bankruptcy wipe out priority debt?

Bankruptcy really helps give you a “fresh-start” by wiping out many kinds of debt. But it does not wipe out priority debt. Priority debt refers to debts that get paid first as soon as money is available to creditors. Priority debts do not get wiped out when you file for bankruptcy.

Official Michigan Bankruptcy Forms

Before the Michigan bankruptcy court discharges any debt, you must disclose your complete financial picture, including your income, expenses, property, creditors, and recent financial transactions. You’ll find fillable, downloadable bankruptcy forms on the official form webpage.

Fees to File a Bankruptcy Petition

Effective starting December 1, 2020, the total fees you must pay to file a bankruptcy petition in Michigan are listed (in addition to attorney fees):

Steps to Filing for Personal Bankruptcy in Michigan

Here are the steps and filing procedures to follow for how Michigan residents can file for bankruptcy:

Filing Over the Phone or Via Zoom

In today’s age, the bankruptcy process can be done virtually to align with COVID-19 precautions. In Michigan, it’s easier than ever to file for bankruptcy virtually or over the phone. Our attorneys will hold Zoom meetings with you to prepare for your upcoming 341 meeting. You can also find credit counseling courses to complete online.

Can I File Without a Lawyer?

It is possible to file for personal bankruptcy in Michigan without the need for a lawyer. There is no legal obligation when filing for bankruptcy. The process of Individuals filing for bankruptcy without an attorney is called “filing pro se”. While it is possible to file for both Chapter 7 and Chapter 13 without a lawyer, it’s not recommended.

Advantages of Filing Without a Lawyer

So, why would you file for bankruptcy without a lawyer? The main advantage is that it would save you money through filing for bankruptcy yourself. Hiring a bankruptcy attorney can be expensive, not to mention a filing fee. For someone that needs to get out of debt, avoiding legal fees can help.

When It Makes Sense to File for Bankruptcy On Your Own

When does it make sense to file for bankruptcy without the help of an attorney? For those in Michigan looking to file for Chapter 7, the laws are relatively easy to apply. You can get your debts discharged if you are willing to put in a bit of research and work.

What is the bankruptcy form for Michigan?

On this form, you list any property serving as collateral for a secured debt on Schedule D, any property relating to a lease or executory contract on Schedule G, and any insurable asset on Schedule A/B in which there is non-exempt equity.

What to do with property in bankruptcy in Michigan?

First, you can choose to surrender the property and erase the debt.

What is Upsolve for bankruptcy?

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What is Schedule C bankruptcy?

That’s what Schedule C of the free bankruptcy forms for Michigan is for. Schedule C, you list the “exemptions” that protect your property. Exemptions are a set of statutes enacted in each state and by the federal government to protect a certain amount of certain types of your property from creditors. On Schedule C, the first question ...

How many bankruptcy forms are needed for Chapter 7 in Michigan?

To file for Chapter 7 bankruptcy in Michigan, you have to complete a packet of about 24 forms. You will be expected to describe everything you make, spend, owe, and own in the free bankruptcy forms for Michigan.

Which states can use federal bankruptcy exemptions?

And if that state is Alaska, Arkansas, Connecticut, District of Columbia, Hawaii, Kentucky, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Washington, or Wisconsin, you can also choose to use the federal bankruptcy exemptions.

Can you keep your property in bankruptcy?

Most people get to keep all their property when they file for Chapter 7 bankruptcy. But keeping your property does not happen automatically when you file for bankruptcy. You need to tell your trustee why you’re entitled to keep your property. That’s what Schedule C of the free bankruptcy forms for Michigan is for.

What is Bankruptcy Law in Michigan?

Bankruptcy law is a set of federal laws that are handled at the federal level in specific bankruptcy courts. These bankruptcy courts are responsible for all petitions filed for bankruptcy, whether it is for an individual, a company, or a municipality.

What is the Purpose of Bankruptcy Law?

Bankruptcy law aims to give individuals, companies, and municipalities the opportunity to restructure their debt so that they can repay as much of it as possible.

Types of Bankruptcies in Michigan

There are many different types of bankruptcies that apply to different situations. Generally speaking, there are subchapters under the 2 main chapters of bankruptcy law used most often (Chapter 7 and Chapter 13) that individuals or businesses can use depending on their situations.

How to File for Bankruptcy in Michigan?

It is up to you to determine which chapter for bankruptcy is best suited to your situation. Working with an attorney will help you to evaluate your case and make this decision. As an individual, it is most common for you to choose between Chapter 7 and Chapter 13, as there is a federal threshold for Chapter 7 qualification.

Michigan bankruptcy exemptions

When you file for bankruptcy, whether on your own or with the help of an attorney, you can submit a request to the bankruptcy trustee for bankruptcy exemptions.

Do Michigan bankruptcy laws require an attorney?

Bankruptcy law in Michigan does not require you to work with an attorney, however, it can be a much easier process if you choose to do so. Attorneys know the ins and outs of bankruptcy law necessary to keep this a straightforward process.

What happens to nonexempt property in bankruptcy?

Here's what will happen to nonexempt property: In a Chapter 7 bankruptcy, the bankruptcy trustee appointed to administer your case will sell nonexempt property and distribute the proceeds to creditors. Find out more about the bankruptcy process and the Chapter 7 documents you'll need at each stage.

Can you keep everything you own in Chapter 13?

You can keep everything you own, but you'll pay creditors the value of the nonexempt property, your disposable income, or your nondischargeable debt (support obligations, most taxes, and the like), whichever is more, through your Chapter 13 repayment plan.

Can you use bankruptcy exemption in Michigan?

Some states, including Michigan, allow residents to choose between the state and federal bankruptcy exemptions. You can't protect property by using exemptions from both lists—you must pick the system that will work best for you. If you decide to use Michigan's state exemptions, the federal nonbankruptcy exemptions will be available to you, too.