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Attorney Ann M. Howard, P.C.

What are the main differences between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 Bankruptcy in Michigan

  • Purpose: Known as “liquidation bankruptcy,” Chapter 7 helps eliminate most unsecured debts, like credit cards and medical bills.
  • Process: Non-exempt assets (if any) may be sold to repay creditors. However, exemptions often allow people to keep basic belongings.
  • Eligibility: Requires passing a “means test” to ensure your income is low enough to qualify.
  • Timeline: Typically completed within three to six months.
  • Impact: Most debts are discharged, but you risk losing valuable assets, including your home if you’re behind on mortgage payments.

Chapter 13 Bankruptcy in Michigan

  • Purpose: Called “reorganization bankruptcy,” Chapter 13 is designed for individuals with a regular income who want to catch up on debts.

  • Process: Establishes a repayment plan spanning three to five years, allowing you to pay off debts while keeping assets like your home.

  • Eligibility: Requires a steady income and debts within certain limits—secured debts under $1,257,850 and unsecured debts under $419,275 (as of current guidelines).

  • Timeline: The repayment plan lasts three to five years.

  • Impact: You keep your assets but must stick to the repayment plan.

Key Difference:

  • Chapter 7 focuses on wiping out debts quickly but may involve losing assets.
  • Chapter 13 lets you keep your property and repay debts over time but requires a stable income.

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Ann Howard Law, PC

Why You Should Hire an Experienced Attorney

Filing for Chapter bankruptcy or selling your home involves intricate legal procedures that demand careful attention to every detail, making it essential to engage a knowledgeable attorney who can guide you through the process effectively.

  • Expert Guidance: Attorneys provide valuable advice on what is the best option for your financial situation.
  • Paperwork Management: Bankruptcy and real estate transactions involve extensive documentation, and attorneys ensure all forms are accurately completed and submitted on time.
  • Representation in Court: Attorneys advocate for your interests during court proceedings, ensuring compliance with legal requirements.
  • Negotiation with Creditors: Legal professionals negotiate repayment terms with creditors, aiming for favorable outcomes.
  • Avoiding Mistakes: Attorneys help prevent errors that could lead to case dismissal or additional financial burdens.
  • Stress Reduction: By handling the legal complexities, attorneys alleviate the emotional and logistical stress of bankruptcy, real estate or probate situations.

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What is required for Chapter 13 bankruptcy in Michigan

Understanding what is required for Chapter 13 bankruptcy in Michigan Eligibility Requirements Regular Income: You must have a stable source of income to fund a repayment plan. Debt Limits: As of recent updates, unsecured debts must not exceed $465,275, and secured…

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