While certainly not a blanket cure for all financial difficulties, bankruptcy is sometimes unavoidable and can be the best choice in some situations. Those considering bankruptcy in Michigan likely want to know more about how to qualify and what goes into this often complicated process. Here are some facts everyone should know.

Firstly, it’s important to recognize that not all debts will be wiped out through this process. In Michigan, some debts will remain afterward, including taxes, criminal and traffic fines, back child support, most student loans and anything not specifically on the list of debts to be discharged.

Also, credit counseling is mandated by state law before filing for bankruptcy. Debtors must either contact creditors to obtain a workable payment plan or seek a debt consolidation loan within six months prior to filing. After the documents are filed, completing a financial management course is also required.

Bankruptcy comes in two different forms: chapter 7, the discharging of debt while keeping a home or property not in default, and Chapter 13, a repayment plan that typically allows the debtor to keep a home, automobile and certain other property even if loans for such properties are in default.

The paperwork required for a Michigan bankruptcy filing is fairly extensive, including a two page petition and a list of all the debts to be discharged and property to be excluded. Deeds or titles of property owned and verification of income, expenses and financial transactions for two years prior to filing are also required. Filing for Chapter 7 is $299, while Chapter 13 is $274.

Fortunately, once the paperwork is filed, the harassing phone calls from creditors can be stopped. In fact, creditors are required by law to cease contact once advised of the bankruptcy, but the court may not inform them for several weeks. To speed along this process and cease the calls, debtors should let creditors know of the filing right away and supply a case number.

The proceeding itself is a short meeting (called a 341 meeting) with a bankruptcy trustee. The trustee may ask clarification questions regarding financial status and the debtor is sworn under oath to answer. The debtors’ attorney and creditors can attend the meeting.

Those considering this option will be relieved to know that bankruptcies don’t end up in court unless a debt or its discharge is disputed. Creditors have 60 days after the 341 meeting to challenge any debts included. Should there be no dispute, the process is generally finalized in three to six months.

As filing bankruptcy in Michigan is a complicated process requiring many steps, it’s generally best for people thinking about debt relief in this manner to seek further assistance from a local attorney that specializes in bankruptcies. The right attorney can be an invaluable resource, protecting your property and your interests to the full extent of the law during an often difficult time.

If you are considering bankruptcy in the Detroit, Michigan area, Michigan bankruptcy attorney A Better Way Bankruptcy. Helpful, compassionate attorneys and professionals can help you with debt relief, stop those calls from creditors and get you moving towards a fresh start. This article powered by SEO 2.0 Services