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	<title>Bankruptcy Exemptions - Michigan Bankruptcy Facts 734-722-2999</title>
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	<title>Bankruptcy Exemptions - Michigan Bankruptcy Facts 734-722-2999</title>
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		<link>https://whychoosebankruptcy.com/michigan-bankruptcy-exemptions-rose-significantly-in-2023/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=michigan-bankruptcy-exemptions-rose-significantly-in-2023</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Mon, 31 Jul 2023 02:52:47 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/?p=1236</guid>

					<description><![CDATA[<p>As we reported last year, every three years on April 1, the dollar amounts in the Bankruptcy Code are adjusted to account for inflation. The federal dollar amounts last were increased on April 1, 2022, and are not slated for another increase until April 2025. Michigan bankruptcy exemptions also increase every three years to adjust for inflation,<br /><a class="moretag" href="https://whychoosebankruptcy.com/michigan-bankruptcy-exemptions-rose-significantly-in-2023/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/michigan-bankruptcy-exemptions-rose-significantly-in-2023/"></a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/michigan-bankruptcy-exemptions-rose-significantly-in-2023/"></a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>As <strong>we reported last year</strong>, every three years on April 1, the dollar amounts in the Bankruptcy Code are adjusted to account for inflation. The federal dollar amounts last were increased on April 1, 2022, and are not slated for another increase until April 2025.</p>



<p>Michigan bankruptcy exemptions also increase every three years to adjust for inflation, and on March 1, 2023, they will increase by 14%. (For reference, the increase three years ago was approximately 6%). A bankruptcy debtor in Michigan may choose whether to use the exemptions provided under either federal or state law to &#8220;exempt&#8221; a certain amount of property from the bankruptcy estate and use it for a fresh start.</p>



<p>Most Michigan debtors who file for bankruptcy protection rely on the federal Bankruptcy Code exemptions because they usually provide the most protection in aggregate. Some, however, will opt for the state-specific exemptions because they provide greater protection for specific assets the debtor wishes to shield. For example, the federal exemption for equity in a debtor’s residence is currently $27,900. The corresponding Michigan state exemption for most debtors is currently $40,475 and <strong>will rise to $46,125 on March 30, 2023</strong>. The Michigan exemption for those who are over age 65 or disabled will rise from the current value of $60,725 to $69,200. Thus, unmarried debtors with home equity sometimes find the state exemptions more favorable. The comparison is slightly more complicated for married couples, but similar logic applies. For these and other similar reasons, both debtors and creditors should take notice when the Michigan exemption limits are adjusted.</p>



<p></p>



<p>Call Firebaugh &amp; Andrews for your free evaluation 734-722-2999</p>



<p></p><p>The post <a href="https://whychoosebankruptcy.com/michigan-bankruptcy-exemptions-rose-significantly-in-2023/"></a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/michigan-bankruptcy-exemptions-rose-significantly-in-2023/"></a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>How To Know When to File Bankruptcy: Tips and Considerations</title>
		<link>https://whychoosebankruptcy.com/how-to-know-when-to-file-bankruptcy-tips-and-considerations/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-to-know-when-to-file-bankruptcy-tips-and-considerations</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Sat, 13 Aug 2022 13:04:59 +0000</pubDate>
				<category><![CDATA[Bankruptcy Do's & Dont's]]></category>
		<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Benefits of Bankruptcy]]></category>
		<category><![CDATA[Chapter 13]]></category>
		<category><![CDATA[Chapter 7]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/?p=1218</guid>

					<description><![CDATA[<p>Bankruptcy is an option if you have too much debt. Find out if bankruptcy protection is right for you, the differences between types of bankruptcy, when to file, and what to expect. It can be confusing to distinguish between the different types of bankruptcy and to know when it&#8217;s appropriate to file for it. In<br /><a class="moretag" href="https://whychoosebankruptcy.com/how-to-know-when-to-file-bankruptcy-tips-and-considerations/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/how-to-know-when-to-file-bankruptcy-tips-and-considerations/">How To Know When to File Bankruptcy: Tips and Considerations</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/how-to-know-when-to-file-bankruptcy-tips-and-considerations/">How To Know When to File Bankruptcy: Tips and Considerations</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Bankruptcy is an option if you have too much debt. Find out if bankruptcy protection is right for you, the differences between types of bankruptcy, when to file, and what to expect.</p>



<p>It can be confusing to distinguish between the different types of bankruptcy and to know when it&#8217;s appropriate to file for it.</p>



<p>In this guide, we&#8217;ll cover Chapter 7 and Chapter 13—the two most common types of bankruptcy—and will explain what happens when you declare bankruptcy, how to do so, and questions you should ask yourself to determine whether bankruptcy is right for you.</p>



<h2 class="wp-block-heading" id="article1"><strong>Overview: What Is Bankruptcy?</strong></h2>



<p>Bankruptcy&nbsp;is a legal process for individuals or companies that are unable to pay their outstanding debts. You can go bankrupt in one of two main ways. The more common route is to voluntarily file for bankruptcy. The second way is for creditors to ask the court to order a bankruptcy.</p>



<p>If you decide to file for bankruptcy yourself, there are several ways to do so. You may want to consult a lawyer before proceeding so you can figure out the best fit for your circumstances.</p>



<h3 class="wp-block-heading">Chapter 7 vs. Chapter 13: What&#8217;s the Difference?</h3>



<figure class="wp-block-image"><img decoding="async" src="https://www.legalzoom.com/sites/lz.com/files/sitemap/xchapter-7-vs-chapter-13.png.pagespeed.ic.cu5A6IjT6v.webp" alt="Differences between Chapter 7 and Chapter 13 bankruptcies"/></figure>



<p>Chapter 7 and Chapter 13 bankruptcies are two different approaches to resolving outstanding debts:</p>



<ul class="wp-block-list"><li><strong>Chapter 7:&nbsp;</strong>Liquidate your assets and pay off debt with cash</li><li><strong>Chapter 13:&nbsp;</strong>Work out a payment plan for unresolved debts</li></ul>



<h3 class="wp-block-heading">What Is Chapter 11?</h3>



<p>There are other types of bankruptcy filings that are less common and more costly for small businesses, such as Chapter 11. This type of bankruptcy is for businesses with $2.5 million or more in debt, or for businesses owned by&nbsp;LLCs&nbsp;or partnerships. A Chapter 11 bankruptcy is similar to Chapter 13 but is usually only for businesses.</p>



<p>This type of bankruptcy:</p>



<ul class="wp-block-list"><li>Involves a creditors&#8217; committee appointed by an independent trustee</li><li>Reorganizes the company according to a plan that creditors vote on</li><li>Sets up a payment plan for the company to repay its debts</li></ul>



<p>The&nbsp;<a href="https://www.congress.gov/bill/116th-congress/house-bill/3311/text">Small Business Reorganization Act of 2019</a>&nbsp;made Chapter 11 less costly for small businesses, allowing them more flexibility to negotiate terms of the bankruptcy with creditors. But this is still much less common than Chapter 13. You may want to speak with a lawyer if you feel like a Chapter 11 bankruptcy is right for your company.</p>



<h2 class="wp-block-heading" id="article2"><strong>What Happens When You Declare&nbsp;Bankruptcy?</strong></h2>



<figure class="wp-block-image"><img decoding="async" src="https://www.legalzoom.com/sites/lz.com/files/sitemap/xdoes-bankruptcy-clear-all-debt.png.pagespeed.ic.b37j2Wq88N.webp" alt="When bankruptcy voids your obligations and when it doesn't"/></figure>



<p>Filing a bankruptcy petition automatically stays your creditors&#8217; claims against you. This means that your creditors have to stop trying to collect the money you owe them. They will not be able to:</p>



<ul class="wp-block-list"><li>Call you to collect debts</li><li>Repossess your car</li><li>Foreclose on your home</li></ul>



<p>Your case will be assigned to a bankruptcy&nbsp;trustee, who is a lawyer who will oversee your case. The trustee will send notices to your creditors and schedule a hearing.</p>



<p>From there, the procedure depends on whether you&#8217;ve filed for protection under Chapter 7 or Chapter 13 of the federal Bankruptcy Code.</p>



<h3 class="wp-block-heading">What Happens When You File Chapter 7?</h3>



<p>Chapter 7 is one of the most common types of bankruptcy. In a Chapter 7 bankruptcy, you will:</p>



<ul class="wp-block-list"><li>Forfeit many of your assets to be sold for cash</li><li>Pay your creditors with the money from your asset liquidation</li></ul>



<p>There are certain assets—such as a limited amount of cash, clothing, household items, and a car—that you are allowed to keep, but these exemptions vary depending on the state you live in.</p>



<p>Once your assets are liquidated and creditors are paid, any remaining debts you owe are forgiven unless you&#8217;ve reaffirmed the debt. Debt reaffirmation is when you voluntarily waive protection through the bankruptcy discharge and agree to remain responsible for the debt. Reaffirmation is chosen to retain certain assets and avoid liquidation.</p>



<p>Not everyone can file a Chapter 7 bankruptcy. If your income is too high, you may be required to file a Chapter 13 bankruptcy instead.</p>



<h3 class="wp-block-heading">What Happens When You File Chapter 13?</h3>



<p>If you can&#8217;t file a Chapter 7 bankruptcy, or if you have some money to pay creditors and there are assets that you want to keep, a Chapter 13 bankruptcy may be an option for you. In a Chapter 13 bankruptcy, you will:</p>



<ul class="wp-block-list"><li>Develop a plan for making payments to your creditors over a three-to-five-year period, depending on your income</li><li>Make all of your payments on time to said creditors</li><li>Complete a budget counseling course</li></ul>



<p>After these milestones are complete, the remainder of your debt that is eligible for discharge will be erased.</p>



<p>Chapter 13 is a good option for someone with a steady income who has some money left over every month to make debt payments but who needs some breathing room and extra time to get caught up.</p>



<h3 class="wp-block-heading">How Does Bankruptcy Affect Assets and Liabilities?</h3>



<p>Depending on how you choose to declare bankruptcy, your assets and liabilities will be affected in different ways. In a Chapter 7 bankruptcy, many of your assets are up for liquidation to pay your creditors with the proceeds. In Chapter 13, you retain assets while working on a repayment plan for your outstanding debts.</p>



<p>See how bankruptcy affects assets and debts in the following debtee categories.</p>



<h4 class="wp-block-heading">Small Business Owners</h4>



<p>For small business owners with lots of personal debt, bankruptcy may help them continue to stay in business. It&#8217;s important to note that business debts aren&#8217;t alleviated with Chapter 7 or Chapter 13 unless you&#8217;re a sole proprietor and are personally responsible for them.</p>



<ul class="wp-block-list"><li><strong>Chapter 7:</strong>&nbsp;For sole proprietors, business and personal debts can be wiped out in a single bankruptcy case. You&#8217;re not obligated to meet income requirements if your business debt exceeds your personal debt.</li><li><strong>Chapter 13:&nbsp;</strong>Your business assets aren&#8217;t liquidated, but only your personal liability for business debts can be wiped out. The business remains responsible for its debts.</li></ul>



<p>Some business assets can be exempt from Chapter 7 bankruptcy filings. For instance, if your business is service-based and doesn&#8217;t maintain equipment or significant inventory, you can likely continue to run your business after discharging business debts through bankruptcy.</p>



<h4 class="wp-block-heading">Student Loan Holders</h4>



<p>No form of bankruptcy can relieve student loan debt. Certain people, such as some government employees, are eligible for&nbsp;student loan forgiveness&nbsp;unrelated to bankruptcy filing.</p>



<p>If you need help managing your student loan debt, you should look to your creditor to help manage repayment options or look into&nbsp;debt consolidation.</p>



<h4 class="wp-block-heading">Mortgage Holders</h4>



<p>In a bankruptcy petition, your home and mortgage will be noted as assets to determine your ability to repay. Depending on the type of bankruptcy filing you pursue, your mortgage might be affected in different ways:</p>



<ul class="wp-block-list"><li><strong>Chapter 7:</strong>&nbsp;Your home can be liquidated to repay your debt unless you reaffirm your mortgage and assume responsibility for repayment post-bankruptcy.</li><li><strong>Chapter 13:</strong>&nbsp;Your home is not liquidated, and you&#8217;re responsible for paying your loan under the terms set by your repayment plan under the bankruptcy.</li></ul>



<p>If you choose to reaffirm your mortgage in a Chapter 7 bankruptcy, you could be stuck with the liability for your loan after your bankruptcy proceedings. If you&#8217;re unable to repay, you won&#8217;t be able to declare Chapter 7 bankruptcy again for several years, and creditors may be able to sue you to collect on the loan.</p>



<h2 class="wp-block-heading" id="article3"><strong>How Do I Declare Bankruptcy?</strong></h2>



<p>To declare and file bankruptcy, you are required to complete a credit counseling class to learn about bankruptcy, alternative options, and managing your finances on your own.</p>



<p>After completing the course, you must submit a petition to the U.S. bankruptcy court in the federal judicial district where you live. This petition will list your:</p>



<ul class="wp-block-list"><li>Assets, such as cars, homes, and bank accounts</li><li>Monthly income and expenses</li><li>Creditors and how much you owe them</li></ul>



<p>You&#8217;ll also need to submit a copy of your most recent tax return with your petition. You can have an Firebaugh &amp; Andrews prepare the petition for you.</p>



<h3 class="wp-block-heading">Fling for Chapter 7</h3>



<p>Chapter 7 is sometimes referred to as a &#8220;straight bankruptcy.&#8221; A Chapter 7 bankruptcy liquidates your non-exempt assets to pay off as much of your debt as possible. The cash from your assets is distributed to creditors like banks and credit card companies, and you typically receive a notice of discharge within four months.</p>



<p>To file Chapter 7, you must pass a bankruptcy means test. The only people exempted from this are disabled veterans filing for bankruptcy to discharge debt incurred while they were on active military duty or people with debt that comes from operating a business.</p>



<p>The record of your bankruptcy will stay on your credit report for 10 years. But for many people, Chapter 7 offers a fresh start.</p>



<h3 class="wp-block-heading">Filing for Chapter 13</h3>



<p>A Chapter 13 bankruptcy is also known as a reorganization bankruptcy. Chapter 13 enables people to pay off their debts over a period of three to five years. For individuals who have consistent, predictable annual income, Chapter 13 offers a grace period. Any debts remaining at the end of the grace period are discharged.</p>



<p>Once the bankruptcy is approved by the court, creditors must stop contacting the debtor. Bankrupt individuals may then continue working and paying off their debts over the coming years and still keep their property and possessions.</p>



<h2 class="wp-block-heading" id="article4"><strong>When To Declare Bankruptcy: 8 Questions To Ask Yourself</strong></h2>



<figure class="wp-block-image"><img decoding="async" src="https://www.legalzoom.com/sites/lz.com/files/sitemap/xbankruptcy-questions.png.pagespeed.ic.PPiZ1XkTJ-.webp" alt="What to ask yourself before your file for bankruptcy"/></figure>



<p>Most people take their financial obligations seriously and want to pay their debts in full, but knowing when to file bankruptcy and when to negotiate or use another strategy can help put you on the road to financial health.</p>



<p>Here are a list of questions that can help you assess your financial health and give you insight into whether bankruptcy may be right for you. You should also discuss these questions with an attorney.</p>



<h3 class="wp-block-heading">1. Do I Only Make Minimum Payments on My Credit Cards?</h3>



<p>Credit cards typically carry high interest rates on open balances. This means that your balance can quickly balloon if you&#8217;re only making minimum payments. If your balance was high to begin with, it could spiral out of control quickly.</p>



<h3 class="wp-block-heading">2. Do I Get Calls From Bill Collectors?</h3>



<p>Constant phone calls from collectors can be irritating and stressful reminders of your debt. Contact each of your creditors and see if they are willing to negotiate a lower balance or lower monthly payments.</p>



<h3 class="wp-block-heading">3. Do I Use Credit Cards To Pay For Necessities?</h3>



<p>Paying for basic necessities with a credit card causes those purchases to accrue interest. For this reason, you should aim to only pay for these items with a debit card.</p>



<h3 class="wp-block-heading">4. Have I Considered, or Am I Considering, Debt Consolidation?</h3>



<p>Debt stems from many sources. Consolidating your payments into one large loan can help you more easily keep track of outstanding debts with one monthly payment. This can also extend more time to your repayment as the new loan will come with new payment terms.</p>



<h3 class="wp-block-heading">5. Can I Pay Down Debts by Selling Some Possessions?</h3>



<p>It can be hard to confront downsizing from a home or getting rid of a car, but taking these difficult steps could allow you to pay off debts and avoid a bankruptcy filing.</p>



<h3 class="wp-block-heading">6. Do I Owe More Than I Pay?</h3>



<p>Your expenses should ideally be covered by your income with some buffer room for emergencies. If your monthly payments exceed your take-home pay, you&#8217;re a potential candidate for bankruptcy.</p>



<h3 class="wp-block-heading">7. Am I Unsure How Much I Actually Owe?</h3>



<p>Uncertainty about your total outstanding debts is cause for concern. Whether your balances have grown larger and you&#8217;re unaware of the total, or you&#8217;ve forgotten creditors that have sent your debt to collections, you should consider alternative repayment options if you can&#8217;t tabulate how much you owe.</p>



<h3 class="wp-block-heading">8. Will a Bankruptcy Actually Resolve My Debts?</h3>



<p>Bankruptcy does not resolve all debt indiscriminately. Some debts, such as student loans, cannot be discharged in bankruptcy. If you&#8217;re having trouble making payments toward debts that bankruptcy won&#8217;t cover, you should speak with your creditors to determine your options.</p>



<p>Call us for a free consultation 734-722-2999</p><p>The post <a href="https://whychoosebankruptcy.com/how-to-know-when-to-file-bankruptcy-tips-and-considerations/">How To Know When to File Bankruptcy: Tips and Considerations</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/how-to-know-when-to-file-bankruptcy-tips-and-considerations/">How To Know When to File Bankruptcy: Tips and Considerations</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>When to use Emergency Bankruptcy Filings.</title>
		<link>https://whychoosebankruptcy.com/when-to-use-emergency-bankruptcy-filings/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=when-to-use-emergency-bankruptcy-filings</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Thu, 31 Dec 2015 04:21:37 +0000</pubDate>
				<category><![CDATA[Automatic Stay Laws]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Benefits of Bankruptcy]]></category>
		<category><![CDATA[Chapter 7]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/12/31/when-to-use-emergency-bankruptcy-filings/</guid>

					<description><![CDATA[<p>If you are facing a financial crisis — such as a foreclosure, auto repossession, garnishment or court judgment — you may not have a lot of time to protect yourself from devastating consequences. An emergency bankruptcy filing may solve the immediate problem and give you the breathing room you need. Prevent Foreclosure, Repossessions And Garnishments<br /><a class="moretag" href="https://whychoosebankruptcy.com/when-to-use-emergency-bankruptcy-filings/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/when-to-use-emergency-bankruptcy-filings/">When to use Emergency Bankruptcy Filings.</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/when-to-use-emergency-bankruptcy-filings/">When to use Emergency Bankruptcy Filings.</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>If you are facing a financial crisis — such as a foreclosure, auto repossession, garnishment or court judgment — you may not have a lot of time to protect yourself from devastating consequences. An emergency bankruptcy filing may solve the immediate problem and give you the breathing room you need.</p>
<h2>Prevent Foreclosure, Repossessions And Garnishments In Michigan</h2>
<p>When you file bankruptcy, you are protected by the &#8220;automatic stay.&#8221; The automatic stay requires creditors to put an immediate stop to all debt collection efforts. The following are examples of creditor actions that can be stopped when you file bankruptcy:</p>
<ul>
<li><strong>Home foreclosure</strong><strong>:</strong> Filing bankruptcy will stop the foreclosure and give you time to decide whether to keep the home or give it up.</li>
<li><strong>Auto repossession:</strong> Filing bankruptcy will stop a repossession. As long as the car has not been sold, you can get it back.</li>
<li><strong>Harassing phone calls:</strong> Once you file bankruptcy, creditors cannot call you or your employer.</li>
<li><strong>Lawsuit judgments:</strong> Filing bankruptcy puts an immediate stop to collection of lawsuit judgments.</li>
<li><strong>Wage garnishments</strong><strong>:</strong> Filing bankruptcy will stop the garnishment. If you act soon enough, it may allow you to get garnished wages back.</li>
<li><strong>Bank account garnishments:</strong> Filing bankruptcy will stop the garnishment. If you act soon enough, it may allow you to get your money back.</li>
</ul>
<p>Call Firebaugh and Andrews we handle emergency bankruptcy filings in Michigan, call us today for your free consultation. 734-722-2999</p><p>The post <a href="https://whychoosebankruptcy.com/when-to-use-emergency-bankruptcy-filings/">When to use Emergency Bankruptcy Filings.</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/when-to-use-emergency-bankruptcy-filings/">When to use Emergency Bankruptcy Filings.</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Protecting Your Assets in Bankruptcy: Michigan Property Exemption Laws</title>
		<link>https://whychoosebankruptcy.com/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Sat, 23 May 2015 11:22:50 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Bankruptcy Protection Laws]]></category>
		<category><![CDATA[Benefits of Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/05/23/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/</guid>

					<description><![CDATA[<p>Property you get to keep* The law of what has come to be called &#8220;Asset Protection&#8221; is actually a mixture of laws that allow you to keep certain property no matter what, even if you owe money to others. Every state has laws that designate specific property you get to keep so that you can<br /><a class="moretag" href="https://whychoosebankruptcy.com/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/">Protecting Your Assets in Bankruptcy: Michigan Property Exemption Laws</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/">Protecting Your Assets in Bankruptcy: Michigan Property Exemption Laws</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h4>Property you get to keep*</h4>
<p>The law of what has come to be called &#8220;Asset Protection&#8221; is actually a mixture of laws that allow you to keep certain property no matter what, even if you owe money to others. Every state has laws that designate specific property you get to keep so that you can continue living a productive life. That is, even if you owe a trillion dollars to someone, the law won&#8217;t make you sell the shirt off your back to pay it. And in Texas and Florida, they won&#8217;t even make you sell your million dollar mansion, or in Nevada, your gun.</p>
<p>These rules are called &#8220;property exemptions.&#8221; They vary from state to state. They designate what property is off limits to your &#8216;creditors &#8216;&#8211; the legal name for those who claim you owe them money.</p>
<h3>Citations to exemptions</h3>
<p><strong>When you fill out your bankruptcy forms</strong>  <strong>you will be asked what property you claim as exempt &#8212; and a citation of the law that allows it</strong>.</p>
<p><strong>This page gives you those citations</strong> and gives a brief summary of the exemption.</p>
<p>The help topics on the right provide additional information.</p>
<p>It is up to you to apply the correct citation to your property. If you have any questions, consult an attorney. If you own real estate, you should consult with an attorney about how the exemptions apply to your property.</p>
<p><a href="http://michiganbankruptcyfacts.com/wp-content/uploads/2015/04/a1.jpg"><img decoding="async" class="alignnone wp-image-246 size-thumbnail" src="http://www.michiganbankruptcyfacts.com/wp-content/uploads/2015/04/a1-150x150.jpg" alt="a1" width="150" height="150" /></a></p>
<p><span id="more-795"></span></p>
<h3>*Exemptions &amp; &#8220;secured debts&#8221;</h3>
<p>Note that <strong>property that is collateral for a purchase-money loan (such as a car securing a car loan or a home securing a first mortgage) is not protected by exemptions from repossession actions by that lender</strong>. Any equity you may own in the property is protected and may give you certain rights against holders of judgment liens and second or third lien holders.</p>
<p>Let&#8217;s repeat that first point before we go further: <em>Exemption laws do NOT protect you from losing property if you&#8217;ve voluntarily pledged the property as security for a loan and you don&#8217;t make the payments</em><em>.</em></p>
<h4>Example:<br />
Unsecured vs Secured Debts</h4>
<p>So&#8230; for example. If you owe $30,000 to credit card companies, that debt is &#8220;unsecured&#8221;. There is no collateral attached to it. No matter what they threaten, the credit card company can&#8217;t take any of your exempt property. Likewise, most medical bills and lawsuit settlements are &#8220;unsecured&#8221; debts. If an unsecured creditor bothers to go to court get a judgment against you, they can get the court to attach a &#8220;judgment lien&#8221; to your property. But if the property is exempt, you typically can (and should) ask the bankruptcy court to remove that lien from your property (but you have to ask &#8212; its not automatic).</p>
<p>Continuing the example &#8230; If you were persuaded to pay off your credit cards and other unsecured debts with a lower interest, &#8220;secured&#8221; loan, say, from a loan consolidation company, you probably pledged your home equity or other property as collateral.</p>
<p>As a general principle, once you&#8217;ve voluntarily (i.e. through a contract or signing something) pledged your property as security for a loan, the exemption laws no longer protect you. The creditor can repossess the property you pledged regardless of whether it is protected by an exemption.</p>
<p>Note that this is a general principle, among other factors &#8212; more than we can go into here&#8230;. That&#8217;s why we wrote a book&#8230; Specific facts might lead the court to apply other principles to, for example, undo a recent transaction if it unfairly benefited a single specific creditor at the expense of many others.</p>
<p>See Chapters 3, 4 and 5 of the <em>How to File for Chapter 7 Bankruptcy</em> for more about this.</p>
<div class="disclaimer">
<p><strong>Conditions of use &amp; common sense advice before you use this information </strong> — Permission to use these materials is given only on the condition that the user will be solely responsible for verifying the accuracy of the information contained here.</p>
<p>This list was last updated, January 2014. Laws can and do change. Before relying on this or ANY information you find on the internet, confirm that it is current by calling Firebaugh and Andrews at 734-722-2999</p>
<p>Every effort has been made to report these laws accurately. However, there could be errors or omissions which could change the effect of the law in a particular case.</p>
<p>If you see a law listed here and want to know how it applies to you <strong>call Firebaugh and Andrews for your free evaluation at 734-722-2999</strong></p>
<p>Laws are interpreted and applied by trustees and judges, and often even the judges don&#8217;t agree on what the law means and when it applies. Over time, and hundreds of cases, there develops a pretty clear picture of what exemptions are allowed or routinely challenged within the local bankruptcy practice. Local customs can vary one district to the next, or even depend on the trustee.</p>
</div>
<h4>The Long Tradition of Property Exemptions</h4>
<p>The most famous asset protection law is the &#8220;unlimited homestead exemption &#8221; invented in the 1800s by the Republic of Texas as a way of attracting settlers. Other states across the plains, and Florida added unlimited homesteads to their laws and today several states still have them. Several years ago Nevada greatly expanded its exemption laws in hopes of becoming a haven for those seeking asset protection. Its generous homestead protection may be partly responsible for the Las Vegas real estate boom. Unfortunately for debtors in the rest of the country, most states offer far less protection.</p>
<p>Call Firebaugh and Andrews today 734-722-2999</p><p>The post <a href="https://whychoosebankruptcy.com/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/">Protecting Your Assets in Bankruptcy: Michigan Property Exemption Laws</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/protecting-your-assets-in-bankruptcy-michigan-property-exemption-laws/">Protecting Your Assets in Bankruptcy: Michigan Property Exemption Laws</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Michigan Personal Property Exemptions</title>
		<link>https://whychoosebankruptcy.com/michigan-personal-property-exemptions/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=michigan-personal-property-exemptions</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 13 May 2015 23:31:18 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/05/13/michigan-personal-property-exemptions/</guid>

					<description><![CDATA[<p>This category covers your car, your non-retirement bank accounts, and most of your other personal possessions, other than your house. States vary widely on how generous they are in this area. Some exemptions may be for any combination of property up to an aggregate amount. Other exemptions apply only to specific items, such as jewelry.<br /><a class="moretag" href="https://whychoosebankruptcy.com/michigan-personal-property-exemptions/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/michigan-personal-property-exemptions/">Michigan Personal Property Exemptions</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/michigan-personal-property-exemptions/">Michigan Personal Property Exemptions</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><em>This category covers your car, your non-retirement bank accounts, and most of your other personal possessions, other than your house. </em></p>
<p><em>States vary widely on how generous they are in this area. Some exemptions may be for any combination of property up to an aggregate amount. Other exemptions apply only to specific items, such as jewelry.</em></p>
<p><em>Remember that an exemption will not protect your car from being repossessed by the holder of the car loan you used to purchase the vehicle if you pledged the vehicle as security for the loan. To keep the car, you will have to pursue other options such as &#8216;redemption&#8217; or &#8216;reaffirmation.&#8217;</em></p>
<p>As always seek professional advice, call Firebaugh and Andrews at 734-722-2229 for your free evaluation.</p>
<h3>Michigan Exemptions</h3>
<ul>
<li class="citationList">1 Computer &amp; accessories to $650<br />
Mich. Comp. Laws § 600.5451 (1)(h)</li>
<li class="citationList">1 Motor Vehicle to $3,475<br />
Mich. Comp. Laws § 600.5451 (1)(g)</li>
<li class="citationList">Appliances, utensils, books, furniture, &amp; household goods, to $600 each, to $3,775 total<br />
Mich. Comp. Laws § 600.5451 (1)(c)</li>
</ul>
<p><span id="more-794"></span></p>
<ul>
<li class="citationList">Burial plots, cemeteries<br />
Mich. Comp. Laws § 600.5451 (1)(a)(vi)</li>
<li class="citationList">Church pew, slip, seat for entire family to $650<br />
Mich. Comp. Laws § 600.5451 (1)(d)</li>
<li class="citationList">Clothing; family pictures<br />
Mich. Comp. Laws § 600.5451 (1)(a)</li>
<li class="citationList">Crops, farm animals, and feed for the farm animals to $2,525<br />
Mich. Comp. Laws § 600.5451 (1)(e)</li>
<li class="citationList">Food &amp; fuel to last family for 6 months<br />
Mich. Comp. Laws § 600.5451 (1)(b)</li>
<li class="citationList">Household pets to $650<br />
Mich. Comp. Laws § 600.5451 (1)(f)</li>
<li class="citationList">Professionally prescribed health aids<br />
Mich. Comp. Laws § 600.5451 (1)(a)</li>
</ul>
<h3>Federal Exemptions</h3>
<ul>
<li class="citationList">Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $575 per item, $12,250 total<br />
11 U.S.C. § 522 (d)(3)</li>
<li class="citationList">Health aids<br />
11 U.S.C. § 522 (d)(9)</li>
<li class="citationList">Jewelry to $1,550<br />
11 U.S.C. § 522 (d)(4)</li>
<li class="citationList">Lost earnings payments<br />
11 U.S.C. § 522 (d)(11)(E)</li>
<li class="citationList">Motor vehicle to $3,675<br />
11 U.S.C. § 522 (d)(2)</li>
<li class="citationList">Personal injury recoveries to $22,975 (not to include pain &amp; suffering or pecuniary loss)<br />
11 U.S.C. § 522 (d)(11)(D)</li>
<li class="citationList">Wrongful death recoveries for person you depended on<br />
11 U.S.C. § 522 (d)(11)(B)</li>
</ul><p>The post <a href="https://whychoosebankruptcy.com/michigan-personal-property-exemptions/">Michigan Personal Property Exemptions</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/michigan-personal-property-exemptions/">Michigan Personal Property Exemptions</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Special Rules for Retirement Accounts:</title>
		<link>https://whychoosebankruptcy.com/special-rules-for-retirement-accounts/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=special-rules-for-retirement-accounts</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Sat, 02 May 2015 23:22:32 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/05/02/special-rules-for-retirement-accounts/</guid>

					<description><![CDATA[<p>Under a new provision of the bankruptcy law, enacted in October 2005, virtually all types of pension and retirement accounts recognized by the IRS are completely exempt regardless of what state you live in. This provision exempts &#8220;retirement funds to the extent that those funds are in a fund or account that is exempt from<br /><a class="moretag" href="https://whychoosebankruptcy.com/special-rules-for-retirement-accounts/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/special-rules-for-retirement-accounts/">Special Rules for Retirement Accounts:</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/special-rules-for-retirement-accounts/">Special Rules for Retirement Accounts:</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Under a new provision of the bankruptcy law, enacted in October 2005, virtually all types of pension and retirement accounts recognized by the IRS are completely exempt regardless of what state you live in.</p>
<p>This provision exempts &#8220;retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under Sections 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code.&#8221;</p>
<p>This list covers 401(k)s, 403(b)s, profit-sharing and money purchase plans, IRAs (including SEP and SIMPLE plans), as well as defined-benefit plans.</p>
<p>The exemption applies whether you rely on the list of federal bankruptcy exemptions (11 U.S.C. 522(d)(12)) or the exemption laws of your own state (See 11 U.S.C. 522(b)(3)(C)). Section 522(b)(4) spells out the specific requirements for qualifying under these provisions.</p>
<p><span id="more-793"></span></p>
<p>These exemptions are unlimited, except for Roth and traditional IRAs, which are capped at an aggregate IRA account value of $1 million per individual (adjusted every three years for inflation). (See 11 U.S.C. 522(n))</p>
<p>SEP and SIMPLE IRAs, along with all other types of non-IRA retirement accounts such as 401(k)s and 403(b)s, are completely exempt.<br />
More Info</p>
<p>For more details, see an excellent summary of how retirement accounts are treated under the new bankruptcy law from the August 2005 issue of the Journal of Financial Planning.<br />
References to the Internal Revenue Code</p>
<p>The new bankruptcy law exemption for retirement accounts includes all funds &#8220;exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.&#8221;<br />
Those sections cover:</p>
<p>Special &#8216;exclusion&#8217; of education accounts</p>
<p>Under the new bankruptcy law, education savings accounts or education IRAs created under sections 529 or 530 of the Internal Revenue Code are &#8216;excluded&#8217; from the bankruptcy estate (not quite the same as &#8216;exempt&#8217; but with the same result).</p>
<p>See, 11 U.S.C. 541(b)(6), (529 Education Tuition Plans) and 11 U.S.C. 541(b)(5) (530 Coverdell IRAS)</p>
<p>NOTE: Even though these education accounts are excluded from the bankruptcy estate, you still must list them on your forms (See section (11 U.S.C. 521(c).)</p>
<p>Also excluded are:</p>
<p>benefits governed by ERISA (Click here for government info on ERISA and pensions.)<br />
414(d)(governmental retirement plans),<br />
IRC 457 (deferred compensation)<br />
403(b)( tax deferred annuity plan including church plans, etc)</p><p>The post <a href="https://whychoosebankruptcy.com/special-rules-for-retirement-accounts/">Special Rules for Retirement Accounts:</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/special-rules-for-retirement-accounts/">Special Rules for Retirement Accounts:</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Will Filing A Michigan Bankruptcy Wipe Out All My Debts?</title>
		<link>https://whychoosebankruptcy.com/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 17 Apr 2015 17:44:19 +0000</pubDate>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Benefits of Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/04/17/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/</guid>

					<description><![CDATA[<p>Yes, with some exceptions. Bankruptcy will not normally wipe out: (1) money owed for child support or alimony, fines, and some taxes;(2) debts not listed on your bankruptcy petition;(3) loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;(4) debts resulting from “willful and<br /><a class="moretag" href="https://whychoosebankruptcy.com/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/">Will Filing A Michigan Bankruptcy Wipe Out All My Debts?</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/">Will Filing A Michigan Bankruptcy Wipe Out All My Debts?</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Yes, with some exceptions. Bankruptcy will not normally wipe out:</p>
<p>(1) money owed for child support or alimony, fines, and some taxes;(2) debts not listed on your bankruptcy petition;(3) loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;(4) debts resulting from “willful and malicious” harm;(5) student loans owed to a school or government body, except if:– the court decides that payment would be an undue hardship;(6) mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).</p>
<p>&nbsp;</p><p>The post <a href="https://whychoosebankruptcy.com/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/">Will Filing A Michigan Bankruptcy Wipe Out All My Debts?</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/will-filing-a-michigan-bankruptcy-wipe-out-all-my-debts/">Will Filing A Michigan Bankruptcy Wipe Out All My Debts?</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Can You Keep Your Car If You File Bankruptcy?</title>
		<link>https://whychoosebankruptcy.com/can-you-keep-your-car-if-you-file-bankruptcy/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=can-you-keep-your-car-if-you-file-bankruptcy</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 06 Feb 2015 04:02:28 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Michigan Bankruptcy Exemptions]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/02/06/can-you-keep-your-car-if-you-file-bankruptcy/</guid>

					<description><![CDATA[<p>Many people who file for bankruptcy and own a car are allowed to keep it during and after their case, especially if it is used for getting to and from work. If you are behind on car payments, you may be able to use bankruptcy laws to keep your vehicle in your possession. Both types<br /><a class="moretag" href="https://whychoosebankruptcy.com/can-you-keep-your-car-if-you-file-bankruptcy/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/can-you-keep-your-car-if-you-file-bankruptcy/">Can You Keep Your Car If You File Bankruptcy?</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/can-you-keep-your-car-if-you-file-bankruptcy/">Can You Keep Your Car If You File Bankruptcy?</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Many people who file for bankruptcy and own a car are allowed to keep it during and after their case, especially if it is used for getting to and from work.</p>
<p>If you are behind on car payments, you may be able to use bankruptcy laws to keep your vehicle in your possession.</p>
<p>Both types of personal bankruptcy address cars, car loans and vehicles you own outright:</p>
<ul>
<li>The automatic stay in bankruptcy is designed to stop repossession. In most cases, this goes into effect right after you officially file for bankruptcy.</li>
<li>Chapter 7 bankruptcy exemptions may protect your car from a forced sale.</li>
<li>Filing for bankruptcy under a Chapter 13 may allow you to repay your car loan at a more affordable rate so that you don&#8217;t lose your car to collectors.</li>
</ul>
<p><strong>Call Firebaugh &amp; Andrews today for a free consultation 734-722-2999</strong></p><p>The post <a href="https://whychoosebankruptcy.com/can-you-keep-your-car-if-you-file-bankruptcy/">Can You Keep Your Car If You File Bankruptcy?</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/can-you-keep-your-car-if-you-file-bankruptcy/">Can You Keep Your Car If You File Bankruptcy?</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Common Michigan Exemptions</title>
		<link>https://whychoosebankruptcy.com/common-michigan-exemptions/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=common-michigan-exemptions</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 23 Jan 2015 03:46:16 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Michigan Bankruptcy Exemptions]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/01/23/common-michigan-exemptions/</guid>

					<description><![CDATA[<p>Some of the more commonly used Michigan exemptions are listed below. All law references are to the Michigan Compiled Laws unless otherwise indicated. Note: The dollar amounts for many of the below exemptions will change on April 1, 2014. It may take several days to update this article. To get up-to-date dollar figures that will<br /><a class="moretag" href="https://whychoosebankruptcy.com/common-michigan-exemptions/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/common-michigan-exemptions/">Common Michigan Exemptions</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/common-michigan-exemptions/">Common Michigan Exemptions</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Some of the more commonly used Michigan exemptions are listed below. All law references are to the Michigan Compiled Laws unless otherwise indicated.</p>
<p>Note: The dollar amounts for many of the below exemptions will change on April 1, 2014. It may take several days to update this article. To get up-to-date dollar figures that will apply if you file your bankruptcy case on or after April 1, 2014, see Michigan Bankruptcy Exemption Amounts to Increase on April 1, 2014.)</p>
<p>Homestead Exemption</p>
<p>The homestead exemption protects the equity that you have in your residence up to $37,775 (if you are over 65 or disabled the limit is $56,650). 600.5451(1)(n).</p>
<p>Motor Vehicle Exemption</p>
<p>The motor vehicle exemption protects equity that you have in your vehicle up to $3,475. This exemption can only be applied to one vehicle. 600.5451(1)(g).</p>
<p>Household Goods and Personal Property</p>
<p>This exemption protects your household goods such as furniture, utensils, books, appliances, and jewelry valued up to $600 per item and $3,775 total. 600.5451(1)(c). In addition:</p>
<p>There is no limit as to the amount of clothing that you can keep. 600.5451(1)(a)(iii).<br />
Computer accessories are protected up to $650. 600.5451(1)(n).<br />
There is no limit to the amount of family pictures that you can keep. 600.5451(1)(a)(i).</p>
<p>Pension and Retirement Accounts</p>
<p>Most pension and retirement accounts are completely protected with a few exceptions.</p>
<p>Individual Retirement Accounts and Annuities are fully protected with the exception of amounts that are contributed within the 120 days prior to filing for bankruptcy. 600.5451(1)(l).<br />
Traditional, Simple, or Roth IRA’s are protected up to $1,245,475. (This amount is adjusted every three years. For the most recent figure, see Your Retirement Account in Bankruptcy.) 11 U.S.C. § 522(b)(3)(C)(n). Education IRA’s are protected up to $6,225. 11 U.S.C. §541(b)(5)(c).<br />
A pension, profit sharing, stock bonus, or other qualified plan is fully protected with the exception of amounts contributed in the 120 days prior to filing. 600.5451(1)(l).</p>
<p>Wages</p>
<p>You can protect up to 60% of earned but unpaid wages for head of household and up to 40% for others. The head of household can keep at least $15 per week plus $2 per week for each dependent other than the spouse and $10 per week for others. 600.531.<br />
Insurance Benefits</p>
<p>Insurance benefits are fully protected regardless of the amount. 500.2207. Benefits paid on behalf of an employer are fully protected. 500.2210. Benefits paid by any stock, mutual life, health, or casualty insurance are also fully protected. 600.5451(1)(i).</p>
<p>Public Benefits</p>
<p>The public benefits listed below are fully protected regardless of the amount received.</p>
<p>Crime victims’ compensation (18.362)<br />
Unemployment compensation (421.30)<br />
Korean War veterans’ benefits (35.977)<br />
Vietnam War veterans’ benefits (35.1027)<br />
Welfare benefits (400.63)<br />
Worker’s compensation benefits (418.821)</p>
<p>Tools of Trade</p>
<p>Your interest in the tools, implements, materials, stock, and other items necessary to carry on your profession, trade, occupation, or business is protected up to $2,525. 600.5451(1)(i).<br />
Researching Exemption Statutes</p>
<p><a href="http://michiganbankruptcyfacts.com/wp-content/uploads/2015/03/aaaaa.jpg"><img fetchpriority="high" decoding="async" class="alignnone size-medium wp-image-229" src="http://www.michiganbankruptcyfacts.com/wp-content/uploads/2015/03/aaaaa-300x300.jpg" alt="aaaaa" width="300" height="300" /></a></p><p>The post <a href="https://whychoosebankruptcy.com/common-michigan-exemptions/">Common Michigan Exemptions</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/common-michigan-exemptions/">Common Michigan Exemptions</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>6th Circuit Says Michigan Debtors Can Use Bankruptcy-Only Exemptions</title>
		<link>https://whychoosebankruptcy.com/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Thu, 15 Jan 2015 03:18:08 +0000</pubDate>
				<category><![CDATA[Bankruptcy Exemptions]]></category>
		<category><![CDATA[Michigan Bankruptcy Exemptions]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2015/01/15/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/</guid>

					<description><![CDATA[<p>On August 20, 2012, the United States Court of Appeals for the Sixth Circuit ruled that people filing for bankruptcy in Michigan may use Michigan’s set of bankruptcy-only exemptions. The decision (in In re Schafer, 2012 WL 3553294 (6th Cir. August 20, 2012)) is good news for those filing for bankruptcy in Michigan. The issue<br /><a class="moretag" href="https://whychoosebankruptcy.com/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/">6th Circuit Says Michigan Debtors Can Use Bankruptcy-Only Exemptions</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
<p>The post <a href="https://whychoosebankruptcy.com/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/">6th Circuit Says Michigan Debtors Can Use Bankruptcy-Only Exemptions</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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										<content:encoded><![CDATA[<p>On August 20, 2012, the United States Court of Appeals for the Sixth Circuit ruled that people filing for bankruptcy in Michigan may use Michigan’s set of bankruptcy-only exemptions. The decision (in <em>In re Schafer</em>, 2012 WL 3553294 (6<sup>th</sup> Cir. August 20, 2012)) is good news for those filing for bankruptcy in Michigan.</p>
<p>The issue first hit the courts in 2011, when the Sixth Circuit Bankruptcy Appellate Panel held that Michigan’s bankruptcy-specific exemptions (found in Mich. Comp. Laws §600.5451) were unconstitutional.</p>
<p>Here’s what this all means.</p>
<p><strong>What Are Bankruptcy Exemptions?</strong></p>
<p>In Chapter 7 bankruptcy, exemptions allow you to keep certain types of property, often up to certain amounts of equity. For example, if the law provides you with a motor vehicle exemption up to $5,000, it means you can protect up to $5,000 in equity in your car. If your car is worth $3,000, the bankruptcy trustee cannot take it since all of the equity is covered by an exemption. Exemptions play a role in Chapter 13 bankruptcy too.</p>
<p><strong>Bankruptcy-Only Exemptions</strong></p>
<p>Federal bankruptcy law provides a set of exemptions. Each state has a set of exemptions as well.  Usually, those exemptions can be used in bankruptcy and to protect property from judgment creditors. But some states, like Michigan, have a set of state exemptions that apply only in bankruptcy. They cannot be used to protect property from judgment creditors. These are referred to as bankruptcy-only exemptions.</p>
<p><strong>The Constitutionality of Bankruptcy-Only Exemptions</strong></p>
<p>The Bankruptcy Appellate Panel in the 6<sup>th</sup> Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) held that Michigan’s bankruptcy-only exemptions were unconstitutional.  But four days ago, the 6<sup>th</sup> Circuit Court of Appeal reversed that decision – ruling that bankruptcy-only exemptions are constitutional. This means that once again, bankruptcy filers in Michigan can choose from three sets of exemptions:  the federal exemptions, Michigan’s regular exemptions (those that also apply to judgment creditors), and Michigan’s bankruptcy-only exemptions.</p>
<p><strong>What Does This Mean for Michigan Bankruptcy Filers?</strong></p>
<p>For bankruptcy filers, this is good news. It’s always better to have more options, and for many filers, the bankruptcy-only exemptions will protect more property.  For example, the homestead exemption in Michigan’s bankruptcy-only exemptions is significantly higher than the homestead exemption in Michigan’s general exemption scheme. So for filers that have a home, the bankruptcy-only exemptions may help those filers keep their home.</p>
<p><a href="http://michiganbankruptcyfacts.com/wp-content/uploads/2014/12/a1.jpg"><img decoding="async" class="alignnone size-medium wp-image-215" src="http://www.michiganbankruptcyfacts.com/wp-content/uploads/2014/12/a1-300x86.jpg" alt="a1" width="300" height="86" /></a></p><p>The post <a href="https://whychoosebankruptcy.com/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/">6th Circuit Says Michigan Debtors Can Use Bankruptcy-Only Exemptions</a> first appeared on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p><p>The post <a href="https://whychoosebankruptcy.com/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions/">6th Circuit Says Michigan Debtors Can Use Bankruptcy-Only Exemptions</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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