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How do you find the state of Michigan code for allowable exemptions in a chapter 7 bankruptcy?
Wiki User
∙ 15y ago
See link as well as: A dwelling house or mobile home, and the lands on which said structures are situated, with a total exemption not to exceed the lesser of: (i) the total net value of the lands, mobile home, and improvements thereon, or (ii) the sum of $100,000.00. The maximum amount of wages that can be garnished in any work week is 25 percent of the debtor's weekly disposable earnings, or the amount by which the debtor's disposable earnings exceed 30 times the federal minimum wage, whichever is less. $5,000.00 for one motor vehicle. $1,000 for jewelry; $1,500 for implements, professional books, and tools of the trade; and $500 per item (not to exceed $5,000 in the aggregate) for the following items: household furnishings, goods, and appliances held primarily for the personal, family, or household use of the individual or a dependent of the individual; wearing apparel, animals, books, and Musical Instruments; and family portraits and heirlooms of particular sentimental value to the individual.
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∙ 15y ago
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How do you qualify for chapter 7 bankruptcy exemptions?
you did your mom
Will you get your tax refund if you file for bankruptcy?
Whether you are entitled to your tax refund will depend on what type of Chapter of bankruptcy you are filing and whether the bankruptcy exemptions can be used to protect the tax refund. If you are filing for Chapter 7 bankruptcy then you can generally keep the refund if the available state bankruptcy exemptions provide protection for it. If you are in a Chapter 13 bankruptcy you are typically required to turn over the tax refunds during the life of the Chapter 13 case.
Is there a way to keep property when a chapter 13 is converted to a chapter 7?
No. If it is not covered by the allowed bankruptcy exemptions then it is subject to seizure and sale or liquidation. The filer always has the option to have the bankruptcy dismissed,
Can you file Chapter 7 and keep your house and car?
Whether you can keep your house and car depend on how much equity is in your house and car and the available bankruptcy exemptions within your state. If the bankruptcy exemptions allow you to protect the equity in these assets then you should be able to keep them in bankruptcy.
What Are Chapter 13 Bankruptcy Exemptions?
Although most debtors keep all their property after filing a Chapter 13 bankruptcy, debtors must file exemptions when applying for this type of bankruptcy just like they do when they file for Chapter 7 bankruptcy. Filing exemptions in a Chapter 13 bankruptcy is for the benefit of creditors rather than the debtor himself. The exemptions inform the creditor of how much she is entitled to and allows her to compare the settlement of the case with the settlement the creditor would receive if the debtor filed Chapter 7 bankruptcy instead.Best Interest of Creditors TestU.S. bankruptcy law requires Chapter 13 bankruptcy applications to pass the "best interest of creditors test." Creditors involved in a Chapter 13 bankruptcy must receive at least as much from the bankruptcy as they would if the debtor filed Chapter 7 bankruptcy instead. The bankruptcy trustee performs this test by deducting the debtor's exemptions from the full value of the estate to determine how much the estate would be worth if the debtor filed Chapter 7 bankruptcy. Creditors may receive more from Chapter 13 than they would from Chapter 7, but they may not receive less from Chapter 13.Determining Payment AmountChapter 13 exemptions, or more specifically, the best interest of creditors test, are also used to determine how much the debtor must pay over the lifetime of the plan. To make this determination, the bankruptcy trustee compares three numbers. The best interest of creditors test, or the non-exempt value of the estate minus administrative costs, is one of these three numbers. The total amount of priority claims, such as alimony, child support and back taxes owed, is another number the bankruptcy trustee looks at, as is the debtor's disposable income, or income after payroll taxes each pay period. The bankruptcy trustee takes the biggest of these numbers and divides it by the life of the plan to determine how much the debtor must pay each month.ConsiderationsChapter 13 bankruptcy may be attractive to some debtors because debtors are at low risk of losing their property through this arrangement and there are no income limitations on this type of bankruptcy. However, debtors cant file for Chapter 13 bankruptcy if they have such large exemptions that the bankruptcy will fail the best interest of creditors test. In addition, Chapter 13 bankruptcy negatively affects the debtor's credit for seven years and requires debtors to pay the bankruptcy trustee on a monthly basis.
What can you lose in bankruptcy?
This is largely dependent on the chapter of bankruptcy that you're filing under. Is it for an individual? Is it for a business or a corporation. I will take the most common type of bankruptcy-Chapter 7-for an example. Under Chapter 7, the bank is technically allowed to take personal assets and property and liquidate it/them in an attempt to pay back debtors. But there are a number of exemptions and for many people, they do not lost personal items after filing for Chapter 7. Common exemptions when filing for bankruptcy include tools of the trade-such as a car that is used to commute to and from work-and clothing under a certain dollar amount. The article below lists many of the possible exemptions for different chapters.
Student loan co signers I filled chapter 7 bankruptcy in Michigan can my name be removed from the sallie Mae student loan that I co signed with my son under Michigan bankrutcy law?
Most student loans are not dischargeable under any chapter of Bankruptcy in Michigan.
If you file chapter 7 bankruptcy can they take the equipment you use for work?
It depends on the exemptions. If you have to use your state exemptions, you will have to ask a local bankruptcy lawyer. If you can use the federal exemptions, you are able to exempt up to $2,025 in work-related property. You may also apply other exemptions, such as the motor vehicle exemption, the wildcard exemption and half of the unused portion of the homestead exemption.
WHAT ARE THE Arizona bankruptcy exemptions?
There is a perfectly good laundry list of bankruptcy exemptions in Arizona, and you can find them easily. Just go to the U.S. Bankruptcy Court website, and look at the FAQs (the frequently asked questions). Those come in three clumps, and the second one is "debtor questions"; that's what you're looking for. Go to question 15, and there's a nice, official list of Arizona Bankruptcy Exemptions. Enjoy! And if you want to see a discussion of Arizona bankruptcy exemptions, and most topics associated with Chapter 7 bankruptcy cases in Arizona, feel free to go to my bankruptcy blog. I'm Joseph C. McDaniel, and I'm an Arizona bankruptcy lawyer.
What are the state and federal exemptions for filing a chapter 7 bankruptcy and if you get married before you file does your exemptions double?
Some states require you to use the state exemptions, and what those exemptions provide for married couples may not always be double the individual exemption. Some exemptions, as for a motor vehicle, are not doubled, but each married person gets an exemption if he or she owns his or her own car.
Can you keep your free and clear home if you file chapter 7?
Probably not, but it depends on the value of the home and the exemptions available to cover that value.Consult a local bankruptcy lawyer.
Will you lose your car in Chapter 7 bankruptcy if car is paid for?
If you own your car then you'll be able to keep it if its value falls under your state's vehicle exemption amount. The state exemptions vary widely and some use the federal exemption. The federal bankruptcy exemptions allow you to exempt up to $3,675 of equity in your car.
