When you file for bankruptcy you are given exemptions that you may use to protect your property. Some exemptions are limited, such as those used to protect your automobile and household goods, and some are unlimited, such as the exemptions you receive to protect any qualified retirement.
401(k)’s, 403(b)’s, pensions and the vast majority of IRA’s are considered to be qualified retirement plans.
For this reason, it does not make sense to take a loan from your retirement plan if you believe a bankruptcy filing is inevitable. Instead, give my office a call so that we may assist you with planning your financial recovery.
In this attorney’s opinion, driver’s responsibility fees only compounds our economic problems and do not “encourage” drivers to drive more responsibly.
Fortunately, Michigan driver’s responsibility fees are generally dischargeable in Chapter 7 bankruptcy, as well as Chapter 13 bankruptcy.
Criminal penalties are not dischargeable in bankruptcy. However, Michigan driver’s responsibility fees are not “criminal penalties.” They are administrative fines levied by the Secretary of State’s office, not as a sentencing judgment or criminal statutory penalty by a criminal court conviction. Therefore, they should not fall under the “criminal penalty” non-dischargeability exception to the list of debts dischargeable under the US Bankruptcy Code as traffic tickets, parking tickets, and other fines may.
Thus, the filing of a Chapter 7 bankruptcy should discharge a driver’s responsibility fee arrearage, after which the Secretary of State’s office should return a driver’s license. However, with that said, the State of Michigan has taken various stances on such issues at various times, including the position that such fees are non-dischargeable “criminal penalties.”
Looking to build or rebuild your credit? You should consider a Secured-CD Loan.
Here is how it works: Bank gives you a loan for $1,000.00. That $1,000.00 immediately goes into a CD. That loan is then secured by the CD. You pay $85.00 a month of 12 months ($1,020 total). At the end of the 12 months, you will receive the CD (now worth approx $1,005).
Such a program will cost you approximately
$15 over the course of 12 months, but you will receive 2 HUGE benefits:
1) All payments will be reported to the three credit bureaus, improving your credit profile.
2) You will be forced to save money!
To qualify for a Chapter 7 Bankruptcy, you must past the “means test.”
To determine whether one passes the means test, and therefore qualifies for a Chapter 7, their household income must first be calculated. To calculate, you must take the previous 6 full months household income, and multiply it by 2. (Do I have to include my spouse’s income if they are not filing?) For example, if you were to file November 16th, you would add up your household’s income for May through October, then multiply it by 2. If you were to file December 2nd, you would add up your household’s income for June through November, then multiply it by 2.
Next, you take the amount calculated and see if it is less then the allotted amount for your household size.
Household of 1 – $50,179
Household of 2 – $61,125
Household of 3 – $73,262
Household of 4 – $90,531
*Add $8,400 for each individual in excess of 4.
If the figure you calculated is less than the amount listed above for your family size, you pass the means test.
Clients may wish to delay a bankruptcy until after they have paid creditors whose claims they do not want to see discharged, for example friends or grantors of credit cards they hope to keep. Such payments, if over $600 and within the applicable preference period could be set aside by the bankruptcy trustee. Thus, if a client wants to pursue this course of action, and ensure that the creditor retains the payment, the petition must be delayed until after the preference period has run.
In most cases, it is preferable not to delay a bankruptcy for this purpose, but rather to pay the creditor after the petition is filed, using either exempt assets or post-petition income. There is no impediment to this course of action in a chapter 7 case and usually it will not be questioned in a chapter 13 case.
Debt is typically separated into one of two categories — secured or unsecured. The main difference is that a secured loan contains collateral as a form of security for the creditor. If you do not pay off your debt, the creditor can take the collateral. If you want to keep the collateral, you have to maintain some form of payment. Secured debt is typically not discharged through bankruptcy proceedings unless you elect to surrender the collateral.
Automobile and home loans are almost always secured loans.
The automatic stay is an injunction against against the continuance of any legal action against a debtor or the debtor’s property. 11 U.S.C. 362. The automatic stay protects a debtor from harassing collection calls, evictions, repossessions, foreclosure sales, and garnishment of wages. The protection from the automatic stay starts as soon as the debtor gets a bankruptcy case number. How long it lasts depends on your circumstances. Visit How Long Does it Last for details on the duration.
Let’s say a creditor lawsuit has been filed against a person who lives in Grand Rapids, MI and that person comes to see me to file a Chapter 7 bankruptcy. As soon as we get a bankruptcy case number and notify the creditor of the bankruptcy filing, the creditor must stop all collection actions.
For another example, let’s say I have a client from Kentwood, MI who is worried that their car creditor is about to repossess their car. Once we have a bankruptcy case number and we have notified the car creditor, the car creditor must stop all efforts to repossess the car. Any creditor that ignores the filing of a bankruptcy case and repossesses a car post-petition can be severely punished by a bankruptcy court.