Category Archives: Understanding Bankruptcy

Can Chapter 7 bankruptcy help me get my driver’s license back?

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Question

Some time ago I got fined for a traffic violation. I wasn’t able to pay the fines, and the state took away my driver’s license. I am planning to file for Chapter 7 bankruptcy and hope to discharge the traffic fines. If I do, can I get my driver’s license back?

Answer

If the state took away your driver’s license because you didn’t pay your traffic fines, you can’t discharge (eliminate) those fines in Chapter 7 bankruptcy. But Chapter 7 bankruptcy can help you pay back your traffic fines by eliminating many of your other debts. Read on to learn more about whether Chapter 7 bankruptcy can help you get your driver’s license back.

You Can’t Discharge Traffic Fines in Chapter 7 Bankruptcy

You can’t discharge certain types of obligations in Chapter 7 bankruptcy. Unfortunately, traffic fines are one of those debts. Bankruptcy laws state that a Chapter 7 discharge will not wipe out fines or penalties you owe to a governmental unit.

This means that filing for Chapter 7 bankruptcy will not discharge your outstanding traffic fines. But if you were unable to pay your fines because you had too many other debts, Chapter 7 bankruptcy can help you by wiping out many of your obligations and allowing you to pay the fines and get your driver’s license back (discussed below).

Chapter 7 Bankruptcy May Help You Pay Your Traffic Fines

Just because you can’t discharge your traffic fines in Chapter 7 bankruptcy doesn’t mean that filing a Chapter 7 case will not help you. In many cases, debtors file for Chapter 7 bankruptcy because their income doesn’t allow them to meet all of their monthly financial obligations.

If you could not pay your traffic fines because you didn’t have any money left after paying obligations such as credit cards and medical bills, filing for Chapter 7 bankruptcy can help you eliminate those debts and free up money in your budget. If you will have enough money in your budget to pay the traffic fines after filing for Chapter 7 bankruptcy, it might still be in your best interest to file.

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How a Bankruptcy Attorney Can Help You

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Corporations and other businesses are required to declare bankruptcy through an attorney. However, individuals are allowed to represent themselves in bankruptcy proceedings. You may be tempted to declare bankruptcy without a lawyer’s assistance. The process may appear simple. You may wish to avoid involving others in a situation that is already stressful. And obviously, money can be tight during this process. However, there are excellent reasons to ask for an attorney’s advice and assistance during any bankruptcy.
A bankruptcy proceeding can be an extremely stressful situation. There is no reason to go through that stress without getting the most benefit possible out of it. An attorney can help you ensure that your bankruptcy goes smoothly and save you money—as well as stress—in the long run. Here are some things a bankruptcy attorney can offer:
Information. Bankruptcy law can be complex. A bankruptcy can take several months to complete. This can add stress to what is already a bad situation. An attorney who practices in bankruptcy law can help you to understand this process. Your attorney can offer you strategies and alternatives that you might not have known about. Having this information can be vital to planning your bankruptcy. An attorney can also give you valuable advice during the process of a bankruptcy.
Expertise. Bankruptcies require a lot of paperwork. Different bankruptcy courts have different rules. You must provide the bankruptcy court with information on all of your debts, property, and financial information. Bankruptcies involve communication with the court, creditors, and trustees. You must also follow the rules specific to the court in your jurisdiction.
All paperwork for a bankruptcy must be filled out correctly, or you can risk not having your debts cancelled. Bankruptcy documents are randomly audited to prevent fraud. If you make a mistake in providing information, you can face prosecution for fraud. Obviously, the best way to protect yourself is to Call Firebaugh and Andrews at 734-722-2999  who has experience in these issues.
To get the most out of your bankruptcy proceeding and protect yourself from mistakes, it is vital to get an attorney’s assistance. An attorney who practices in bankruptcy law will understand how to submit information to the courts and to your creditors, to ensure that your debts will be discharged.
 
Protection. Even after you retain a lawyer, your creditors can still contact you. However, Firebaugh & Andrews can help to stop harassing phone calls. Having someone else take over the hassle of dealing with your creditors can save you time and energy—and make sure that you gain peace of mind during as well as after the bankruptcy process. Your attorney can also help you make sure that debts discharged during your bankruptcy do not show up on credit reports in the future.
Bankruptcy can be a painful process, but there are ways to reduce the stress involved.
Firebaugh & Andrews can help, call today for your free consultation. 734-722-2999

 

Are the fees I paid my bankruptcy lawyer and trustee tax deductible?

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Basic Information Bankruptcy fees paid to lawyers and trustees can be either a tax deduction or not and it will depend on the type of bankruptcy filed, Chapter 7 or 13, and on the items included in the petition. In order to take any bankruptcy expense as a deductible item on your taxes, you will need to file a Form 1040 and itemize your expenses. If you file using the short form, you will not be allowed to claim any itemized deductions.

Deductions Allowed by IRS
Regular legal expenses for Chapter 7 and 13 bankruptcies and the filing fees, $299 for Chapter 7 and $274 for Chapter 13, are not deductible as defined in IRS Publication 908, the Bankruptcy Tax guide, which rules these fees as personal expenditures. However, if your attorney spends time communicating with the IRS regarding any tax issues you have; those fees are deductible and will be listed as a miscellaneous expense on your Schedule A tax form. Any fees that you pay to either your attorney or an accountant for the preparation of your taxes while you are in a bankruptcy proceeding will be taxable itemized deductions on your Schedule A Tax Form.

Allowable Expenses as Tax Deductions
Any item paid in your plan to a trustee that would normally be a tax deduction, such as back federal or state taxes, spousal support, delinquent mortgage payments or mortgage interest, can still be taken as a personal tax deduction. These are expenses that you are paying through the bankruptcy distribution process by your payment plan administrator, the trustee, and it is the same as if you were writing the check yourself. It is a good practice to ask an accountant or your attorney if you are not sure whether an item is deductible or not.

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Two ways to buy a house being after bankruptcy in Michigan.

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Being declared bankruptcy under one of the bankruptcy-protection act prove to be devastating to many. This “many” includes the home owners or buyers. The buyers dream get shattered being declares a bankrupted personal. No banks or mortgage firm will allow him or her to have the house he or she wants to purchase. But there’s a couple of ways which can let them to have their dream home.
1. Be Patient: Wait for one or couple of years before buying a house. In the period one should either pay off the debt completely or in maximum. A retirement plan or 401(k) assets is also helpful in this matter. The individual, also need to remember, should save as much as possible during this period as the down payment will be high and paying that needs a deposit not a loan or credit as it will become added-burden on them.

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Facing Bankruptcy While Living in Michigan

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Michigan residents who find themselves overwhelmed with debt can seek relief under the federal bankruptcy laws. There are two common forms of bankruptcy for individuals: Under Chapter 7, the courts sell off all non-exempt assets to pay off as much of your debt as possible and under Chapter 13, you keep all or most of your assets but must create a court-approved plan to pay off your debts over time. Although bankruptcy is handled in the federal courts, some of the details vary based on your being a Michigan resident.

District Bankruptcy Courts in Michigan

Michigan’s bankruptcy court is divided into the Eastern District, with the main court in Detroit, and the Western District, with the main court in Grand Rapids. Each district also has divisional offices where you may file so long as you file in the district where you live.

Can I File Chapter 7 Bankruptcy?

You may file Chapter 7 bankruptcy if your average monthly income for the six months before you file is less than Michigan’s median income for a family of your size. For example, if you are married with two children, you must earn less than Michigan’s median income for a family of four, which is $6,037 monthly for 2012. If you make more than this, you must pass a stringent means test to qualify for Chapter 7.

How Long Is a Chapter 13 Repayment Plan?

The amount of time you must spend paying your creditors also depends on your income as compared to Michigan’s median income. For example, if you make less than the median income, your repayment plan will usually be up to three years. If your income matches or exceeds the state median, your plan will be five years, unless you’re able to pay off all unsecured debt in less time.

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Hard Money: Borrowers Solution for Low Credit, Foreclosure and Bankruptcy

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A couple from Westland, Michigan called my office Monday afternoon asking if we can help them save their home. They are delayed in their mortgage payments for 3 months and their house is in foreclosure. They have kids, they love their house, and they don’t want to move anywhere else. They have low credit, in foreclosure and have high debt ratio so banks turned them down. Knowing the urgency of the couple’s situation, I started asking them questions about their financial situation, what affected their credit, how much mortgages they owe, liens, collections, judgments, etc. At the end of our phone call conversation, I told the borrower that we can get them a loan through hard money investors. The borrower was surprised to hear that they finally can get a loan and avoid losing their home.  Applying for a loan through regular banks is subject to limited loan to value, debt ratio, income documentation and credit rating guidelines. For homeowners or borrowers who have low credit rating, in notice of default, foreclosure or bankruptcy, they will immediately get declined by banks. Does it mean that they cannot get a loan and lose their home? Absolutely NO!

Hard money or private money loan is the solution for low credit borrowers and who are in financial distress such as notice of default, foreclosure, bankruptcy, credit delinquency, judgments, collections, tax liens, etc.  Hard money is equity based, non-fico based lending. As long as the borrower has equity left in the house after the deductions of all mortgages owed, liens, charge offs and collections, interest payment delays, and prepayment penalty.  Hard money represents hard-earned money of individual investors, groups, corporations, insurance companies, and hedge fund managers who are able to offer financing based on equity or collateral from the borrower.

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For your Information (FYI) – Bankruptcy Michigan

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Many people have a spending problem, especially when using ‘plastic’ or a line of credit. We all need to know that creditors and the collection agencies they hire should follow strict rules when attempting to collect on loans.

People view bankruptcy as a wake up call and well they should because that means they hit the bottom of the barrel and are now scratching the bottom – for more cash! If you believe misery loves company, be secure in the knowledge that there are at least 1.5 million people in there with you, that’s how many filed for bankruptcy in the last year. Anyone can over-extend themselves and many do for more reasons than I could count.

Filing for bankruptcy is not only used by the lower and middle class but the rich as well. Famous people have fallen into the hole and climbed out, people like:
Donald Trump, Filed in 1990 – Kim Basinger, in 1993 – Burt Reynolds, in 1996 Rembrandt, in 1656.  I am not sure about the last one; he may still be trying to dig his way out!

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Bankruptcy Works When Credit Counseling Can’t

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When a person is faced with the mounting debts that they cannot pay, they may find that filing bankruptcy is unavoidable. Dealing with bankruptcy is not easy, and you may feel that there will be a permanent stain on your financial record. While this procedure will remain as part of your financial history, if you have the frame of mind that you will be dealing with bankruptcy well, this record does not need to haunt you. There are many who are experienced in dealing with bankruptcy, and have established or continued successful lives after filing.

When dealing with bankruptcy, it is important to make sure you are well-informed of the laws and the type of bankruptcy you are filing. You will need to know if your home or car will be protected or what other assets or yours may be vulnerable in the case. You will also need to ensure that you will not be harassed by creditors during your case, and finding a good bankruptcy lawyer will help you to defend yourself against additional claims.

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Why hire a bankrupty lawyer?

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What can be more pathetic than being bankrupt? It has to be making the decision to file for bankruptcy. And what can make it more pathetic is to find a good bankruptcy lawyer for this purpose. In this 21st century of cut throat competition it might not take long for an individual to file a case a bankruptcy when the individual concerned is reduced into nothing. But hardly does a common man know the procedure or the requirements of filing for bankruptcy. This is the necessity of a bankruptcy lawyer comes into the picture.

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Are New Bankruptcy Laws Going To Help You? Firebaugh and Andrews can help.

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There are 2 sides to the changes in bankruptcy rules. It will be a lot harder to file bankruptcy under chapter 7 and get a totally clean slate.

For businesses, relying on issuing credit, the new personal bankruptcy law is doing great, reducing personal bankruptcy claims from the thousands to double digits.(In the short run).

However, lawyers working with the actual people filing for bankruptcy say that the new law is seriously flawed because it puts more financial burdens on already broke clients and reduces potential debt repayment to small businesses.
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