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	<title>Covid-19 Virus &amp; Bankruptcy - Michigan Bankruptcy Facts 734-722-2999</title>
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	<title>Covid-19 Virus &amp; Bankruptcy - Michigan Bankruptcy Facts 734-722-2999</title>
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		<title>Chapter 7 Bankruptcy and the Current Eviction Moratorium</title>
		<link>https://whychoosebankruptcy.com/chapter-7-bankruptcy-and-the-current-eviction-moratorium/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=chapter-7-bankruptcy-and-the-current-eviction-moratorium</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 30 Jul 2021 03:46:24 +0000</pubDate>
				<category><![CDATA[Automatic Stay Laws]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Chapter 7]]></category>
		<category><![CDATA[Covid Evictions]]></category>
		<category><![CDATA[Covid-19 Virus & Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/?p=1151</guid>

					<description><![CDATA[<p>Do you owe thousands of dollars in unpaid rent due to COVID19? Read below to see how Chapter 7 bankruptcy can help discharge past due rent. It’s expensive to live in the state of Michigan since rent takes a hefty chunk of an individual’s total income. Therefore, it is not unusual for many Michigan tenants<br /><a class="moretag" href="https://whychoosebankruptcy.com/chapter-7-bankruptcy-and-the-current-eviction-moratorium/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/chapter-7-bankruptcy-and-the-current-eviction-moratorium/">Chapter 7 Bankruptcy and the Current Eviction Moratorium</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/chapter-7-bankruptcy-and-the-current-eviction-moratorium/">Chapter 7 Bankruptcy and the Current Eviction Moratorium</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Do you owe thousands of dollars in unpaid rent due to COVID19? Read below to see how Chapter 7 bankruptcy can help discharge past due rent. It’s expensive to live in the state of Michigan since rent takes a hefty chunk of an individual’s total income. Therefore, it is not unusual for many Michigan tenants to be behind in their rent while some teeter on the verge of eviction. To make matters worse, evictions are currently soaring nationwide due to the coronavirus crisis.</p>



<p>The COVID-19 pandemic and the subsequent economic impact has already affected millions of Americans and thousands of renters in Michigan are at risk of homelessness due to inability to pay their rent. Fortunately, tenants are temporarily getting protection from eviction for non-payment of rent under various emergency government measures.</p>



<h3 class="wp-block-heading">Federal CDC Eviction Moratorium</h3>



<p><img fetchpriority="high" decoding="async" width="300" height="225" srcset="https://devrieslegal.com/wp-content/uploads/2021/01/Bankruptcy-4.jpg 300w, https://devrieslegal.com/wp-content/uploads/2021/01/Bankruptcy-4-50x38.jpg 50w, https://devrieslegal.com/wp-content/uploads/2021/01/Bankruptcy-4-150x113.jpg 150w" src="https://devrieslegal.com/wp-content/uploads/2021/01/Bankruptcy-4.jpg" alt=""></p>



<p>Because of the unemployment and financial struggles due to the pandemic, there was a statewide ban on housing evictions in Michigan that came into effect on April 1<sup>st</sup>&nbsp;2020. This moratorium on evictions has been extended five times over the course of six months but ends July 31st. </p>



<p>The last Michigan eviction moratorium, which expired on September 1<sup>st</sup>, has been extended to December 31<sup>st</sup> under the Centers for Disease Control and Prevention (CDC) recent order. <strong>The 2<sup>nd</sup> stimulus package extends this moratorium until January 31, 2020. </strong>The CDC federal moratorium puts a temporary ban on landlords taking action against tenants for non-payment of rent and other utility service charges and was change to July 31st 2021. </p>



<p>So Michigan families who can’t pay rent due to Covid-19 related financial hardships such as layoffs, loss of household income or huge out-of-pocket medical expenses can continue to get protections under this CDC eviction moratorium.</p>



<p><em><strong>Criteria:</strong></em>&nbsp;Tenants who are seeking relief under the federal moratorium must meet the criteria outlined by the CDC. To qualify for protection, the tenant:</p>



<ul class="wp-block-list"><li>Must expect to earn no more than $99,000 or $198,000 if filing a joint return in 2020</li><li>Has received an economic stimulus check under the CARES Act@</li><li>Was not required to report any income to the IRS in 2019</li><li>Has sought all available government assistance to make their rental payments</li></ul>



<h3 class="wp-block-heading">Limitations of Eviction Moratorium</h3>



<p>The moratorium looks like a panacea for all problems but this is not true. The most important thing about the eviction moratoriums is that they are temporary and do not forgive or reduce rent payments. This means, unfortunately, the moratorium will not help renters pay rent but it just delays the threat of eviction and there are some loopholes in it that put certain renters at risk of removal.</p>



<p>This federal protection is quickly disappearing and, it is already expired. You are already several months behind on rent and continue to accumulate debt during this period and when this temporary halt of evictions end on December 31, 2020, your landlord may demand payments in full that you’re not made prior to and during the temporary halt.</p>



<p>Without the extension of eviction ban and other federal financial support, many renters could be facing homelessness when the eviction moratorium expires on July 31 (now extended by one more month under the new coronavirus stimulus deal, lasting through January 31, 2021). On top of that, most landlords will not even consider a tenant with a previous eviction record.</p>



<p>Housing is undeniably a basic human necessity and those who are evicted often lose their jobs, possessions, community connections, and even health. If you are depending on the anti-eviction provisions of the CARES Act to protect you from being evicted from where you’re living, then it would make more sense to consider filing for bankruptcy.</p>



<h3 class="wp-block-heading">Using Chapter 7 Bankruptcy to Stop an Eviction for Rent Arrears</h3>



<p>Filing Chapter 7 bankruptcy can put an automatic stay on eviction actions and also prevent the landlord from collecting any past due rent that you owe. You can receive a discharge of past-due rents by filing a Chapter 7 bankruptcy, but you can still be evicted. So if you plan on moving but only looking to get relief from the past due rent you owe, then filing Chapter 7 is the best option for you.</p>



<p>In general, the automatic stay can provide relief to tenants by preventing the landlords from beginning or continuing with eviction proceedings. But in 2005, the bankruptcy law was revised that give landlords more power to evict tenants who file for bankruptcy, despite the automatic stay. There are two situations where bankruptcy will not stop an eviction:</p>



<ol class="wp-block-list"><li>The landlord obtains a judgment of possession of the property before the tenant filed for bankruptcy</li><li>The landlord claims that the tenant is endangering the property or illegally using drugs</li></ol>



<p>Waiting too long to file for bankruptcy can limit your power to retain control over the situation and comes with the consequence of losing your home. So in order to stop an eviction through bankruptcy, it is critical for you to act immediately by filing your case before the landlord gets an order of possession. <strong>Please call Firebaugh &amp; Andrews for a free consultation 734-722-2999</strong></p><p>The post <a href="https://whychoosebankruptcy.com/chapter-7-bankruptcy-and-the-current-eviction-moratorium/">Chapter 7 Bankruptcy and the Current Eviction Moratorium</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/chapter-7-bankruptcy-and-the-current-eviction-moratorium/">Chapter 7 Bankruptcy and the Current Eviction Moratorium</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>The wave of Covid bankruptcies has begun</title>
		<link>https://whychoosebankruptcy.com/the-wave-of-covid-bankruptcies-has-begun/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-wave-of-covid-bankruptcies-has-begun</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Sun, 04 Jul 2021 02:40:15 +0000</pubDate>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Covid Evictions]]></category>
		<category><![CDATA[Covid-19 Virus & Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/?p=1138</guid>

					<description><![CDATA[<p>18 months into the pandemic, bankruptcies have soared for businesses in real estate, energy, retail and other industries that can no longer pay their bills. A New Albany, Ohio, music school offering piano, guitar and violin lessons racked up under nearly $1 million in loans and $35,000 in credit card debt. A fine-dining restaurant in<br /><a class="moretag" href="https://whychoosebankruptcy.com/the-wave-of-covid-bankruptcies-has-begun/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/the-wave-of-covid-bankruptcies-has-begun/">The wave of Covid bankruptcies has begun</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/the-wave-of-covid-bankruptcies-has-begun/">The wave of Covid bankruptcies has begun</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>18 months into the pandemic, bankruptcies have soared for businesses in real estate, energy, retail and other industries that can no longer pay their bills.</p>



<p>A New Albany, Ohio, music school offering piano, guitar and violin lessons racked up under nearly $1 million in loans and $35,000 in credit card debt.</p>



<p>A fine-dining restaurant in Providence, R.I., received more than $450,000 in federal small-business funds to help pay workers but still had to close its doors.</p>



<p>A nonprofit overseeing the Kit Carson Home and Museum in Taos, N.M., welcomes visitors to learn about the famous frontiersman but listed just $17,000 in assets even after every bone-handled knife, buffalo hide apron and flintlock musket had been tallied.</p>



<p>Nearly a year since&nbsp;coronavirus-related shutdowns began affecting large swaths of the American economy, more businesses are filing for bankruptcy as Chapter 11 filings were up nearly 20 percent in 2020 compared with the previous year, court records show.</p>



<p>Data on a subset of businesses ― those registered as corporations ― shows that some sectors are faring much worse than others, with restaurants, retailers, entertainment companies, real estate firms and oil and gas ventures filing for protection in far greater numbers than in previous years, according to New Generation Research.</p>



<p>Bankruptcies filed by entertainment companies in 2020 nearly quadrupled, and filings nearly tripled for oil and gas companies, doubled for computer and software companies and were up 50 percent or more for restaurant owners, real estate companies and retailers, compared with 2019, data from the research firm shows. Among those industries most affected, there were 5,236 Chapter 11 filings in 2019 but 6,917 last year, a tally at least 30 percent higher than any of the previous four years.</p>



<p>Economists are&nbsp;<a rel="noreferrer noopener" href="https://www.washingtonpost.com/business/2021/02/20/economy-growth-pandemic/?itid=lk_inline_manual_11" target="_blank">predicting</a>&nbsp;strong economic growth this year overall. But the bankruptcy data show that despite $3.7 trillionin federal stimulus spending to combat the recession triggered by the pandemic, and another $1.9 trillion being proposed by President Biden, businesses in certain industries have become particularly vulnerable and may take years to recover enough to pay their bills. Others will not recover at all.</p>



<p>Other sectors have so far not fared as badly as one might expect, as only 77 hotel or gaming companies filed for protection in 2020, down from 92 in 2019 ― a year when the tourism industry thrived.https://3ac7c9fe1e80353cf95a10043cb8e49b.safeframe.googlesyndication.com/safeframe/1-0-38/html/container.html</p>



<p>Because bankruptcy filings lag other signals of economic distress, experts say the worst may be yet to come. Bankruptcies stemming from the 2007 financial crisis didn’t peak until 2010.</p>



<p>“Bankruptcies don’t cause damage to the economy,&#8221; said Ed Flynn, a consultant to the American Bankruptcy Institute. &#8220;The damage has already been occurred when the bankruptcy is filed. Higher bankruptcies is more a symptom of economic harm than the cause.”</p>



<p>Michigan-based&nbsp;<a rel="noreferrer noopener" href="https://www.barflyventures.com/" target="_blank">BarFly Ventures</a>&nbsp;operated three small restaurant chains ― HopCat, Stella’s Lounge and Grand Rapids Brewing ― and had more than a dozen restaurants throughout Michigan and down to Florida at its peak. Although BarFly received $6.6 million in Paycheck Protection Program funds from the Small Business Administration, the company was forced to lay off staff and close some locations permanently, according to filings. It&nbsp;<a rel="noreferrer noopener" href="https://www.prnewswire.com/news-releases/barfly-ventures-reopens-restaurants-take-out-and-delivery-now-available-dine-in-coming-june-13-301070126.html" target="_blank">filed</a>&nbsp;for bankruptcy in June.</p>



<p>“BarFly has faced a number of challenges in recent years, including increased industry competition and craft beer saturation,” founder Mark Sellers&nbsp;<a href="https://www.mlive.com/news/grand-rapids/2020/10/hopcat-restaurants-emerge-from-bankruptcy-sold-to-new-owner.html" target="_blank" rel="noreferrer noopener">announced</a>. “However, we were meeting these challenges, and operationally the business was sound until the recent global pandemic pushed us into an unforeseen economic crisis and a 100 percent drop in revenue for almost three months.&#8221;</p>



<p>BarFly owed more than $1.7 million to a food provider, according to its bankruptcy filing. Sellers said he hoped the move would “allow us to emerge as a financially stronger company.&#8221; In October, BarFly&nbsp;<a href="https://www.mlive.com/news/grand-rapids/2020/10/hopcat-restaurants-emerge-from-bankruptcy-sold-to-new-owner.html" target="_blank" rel="noreferrer noopener">announced</a>&nbsp;it was being purchased by two investment firms.</p>



<p>Restaurants have been one of the hardest-hit sectors on almost every measure during the pandemic, and experts say the worst of the fallout is likely still to come. </p>



<p>If your business needs help reorganizing call us today for your free consultation. 734-722-2999</p>



<p></p><p>The post <a href="https://whychoosebankruptcy.com/the-wave-of-covid-bankruptcies-has-begun/">The wave of Covid bankruptcies has begun</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/the-wave-of-covid-bankruptcies-has-begun/">The wave of Covid bankruptcies has begun</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>Laid Off Due to the Coronavirus (COVID-19)? Bankruptcy Can Help</title>
		<link>https://whychoosebankruptcy.com/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help</link>
		
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		<pubDate>Thu, 19 Nov 2020 01:19:08 +0000</pubDate>
				<category><![CDATA[Covid-19 Virus & Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2020/04/19/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/</guid>

					<description><![CDATA[<p>No one wants to file for bankruptcy. But if you’re one of the millions laid off because of the&#160;coronavirus outbreak, it might make sense—especially if you’re struggling with debt. Learn how a “last resort” bankruptcy plan can give you a sense of control during this unpredictable time and, if necessary, help get you back on<br /><a class="moretag" href="https://whychoosebankruptcy.com/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/">Laid Off Due to the Coronavirus (COVID-19)? Bankruptcy Can Help</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/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/">Laid Off Due to the Coronavirus (COVID-19)? Bankruptcy Can Help</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>No one wants to file for bankruptcy. But if you’re one of the millions laid off because of the&nbsp;coronavirus outbreak, it might make sense—especially if you’re struggling with debt. Learn how a “last resort” bankruptcy plan can give you a sense of control during this unpredictable time and, if necessary, help get you back on your feet financially.</p>
<p>Don’t know much about bankruptcy? Start by learning the&nbsp;basics of Chapter 7 and 13.</p>
<p><a href="http://michiganbankruptcyfacts.com/wp-content/uploads/2020/03/ala2-1.jpg"><img decoding="async" class="alignnone size-medium wp-image-16237" src="http://michiganbankruptcyfacts.com/wp-content/uploads/2020/03/ala2-1-300x169.jpg" alt="" width="300" height="169"></a></p>
<h2>The Coronavirus Crisis: Financial Instability After a Layoff</h2>
<p>Losing your job due to a&nbsp;layoff&nbsp;means one crucial thing—there’s less money to pay the bills. No matter how much effort you put into turning down the thermostat or eating in, such measures rarely stop the pile of unpaid debt from accumulating.</p>
<p>Fortunately, local, state, and federal governments, along with many creditors, are working hard to provide safety nets during the COVID-19 crisis. And for many, cash payments and increased unemployment benefits will do the trick—especially when coupled with the mandated holds placed on evictions and utility shut-offs in many areas.</p>
<p>Even so, it’s unlikely that these measures will keep everyone afloat if the crisis lasts longer than expected. So it’s prudent to have a plan that assumes a best-case scenario while providing for the worst. Just in case.</p>
<h2>Coronavirus Stimulus: Will It Be Enough for You?</h2>
<p>Stimulus packages&nbsp;can certainly help. But the truth is that for many, they’ll be useful in the short term, but won’t go as far as most people will need. Evaluating the real impact on your finances will be crucial.</p>
<p>The key here is to pay special attention to payment requirements. Does the plan simply shift payment to a later date? When will you be expected to pay?</p>
<p>For instance, in many areas, local and state governments have put a stop to evictions. The policy, designed to help people shelter-in-place, keeps people inside instead of on the streets spreading disease and works well to fight the coronavirus.</p>
<p>These plans don’t waive payment, however, which is a contractual issue between you and the landlord. Instead, the government is essentially closing all courtrooms to landlord/tenant cases for three months, which is within its power. So once the stay lifts, you should assume that the missed rent will be due unless the government puts further protections in place (such as subsidizing rent).</p>
<p><strong>IMPORTANT TIP.</strong> Remember that you must pay deferred payments later. Find out if you’ll have to pay immediately after the coronavirus outbreak ends, or if you’ll get additional time.</p>
<h2>Coronavirus Layoff: Making Arrangements With Creditors</h2>
<p>The first step? Learning about programs that will help you conserve money now. Keep in mind that most will require you to prove that you or a family member has been affected by the coronavirus outbreak. A layoff that occurred post-pandemic will likely be enough.</p>
<p>Here’s a list of some of the bills you’ll want to pay special attention to:</p>
<ul>
<li><strong>Mortgage, car, and credit card payments.</strong>&nbsp;Many creditors will tack one-to-three months of payments onto the end of the&nbsp;loan.</li>
<li><strong>Student loans.</strong>&nbsp;The government pledged to&nbsp;defer student loan payments temporarily. Holders of private student loans should check into similar options.</li>
<li><strong>Utility bills.</strong>&nbsp;Many cities have prohibited utility shut-offs during the crisis. But that could leave a sizeable unpaid balance later. Unless you know otherwise, plan to repay these debts (or discharge them in bankruptcy).</li>
<li><strong>Other debt&nbsp;types.</strong>&nbsp;See if you can waive other payments, and on what terms.</li>
</ul>
<p><strong>IMPORTANT TIP.</strong>&nbsp;Don’t stop making a payment based on the information you’ve read online or heard on the news. You’ll have to apply for programs with the creditor, or your state or local government. Even then, wait until you receive qualification confirmation—preferably in writing, and especially in the case of mortgage payments. A mistake could result in&nbsp;losing your home to foreclosure.</p>
<h2>Coronavirus Layoff: Developing Your Financial Strategy</h2>
<p>After speaking with creditors, you’ll be in a better position to plan. If you don’t have enough income from unemployment or other sources to make all regular payments, consider deferring bills and setting aside the funds you’d use to pay them. Then you’ll take an either/or approach:</p>
<ul>
<li>Either the virus clears up in short order, and you use the saved funds to catch up on payments, or</li>
<li>the outbreak lasts longer than anticipated, and you use all available funds for food and other necessary items.</li>
</ul>
<p>This strategy ensures that if filing for bankruptcy is inevitable, you won’t waste money paying a bill that you could erase in your bankruptcy case. Even so, you’ll still have another chance to avoid bankruptcy—keep reading.</p>
<h2>After the Coronavirus Outbreak: Negotiating Debt</h2>
<p>If enough of the funds you’ve set aside remain after the crisis ends, negotiating a lesser payment amount with outstanding creditors—including your landlord—will likely be possible (although you can’t count on it). Recent history bears this out.</p>
<p>After the economy came to a halt in 2008, money was tight, and creditors were willing to accept whatever they could get. Similarly, after the coronavirus crisis holds lift, many people will likely find themselves deeply in debt. Landlords and other creditors might be willing to adjust how much they’ll take in full payment. You might find an opportunity to settle with your creditors and avoid bankruptcy.</p>
<p>That said, if you can’t negotiate your obligations, filing for bankruptcy will likely be inevitable. But you’ll know that you did your best to avoid it and that you maximized the money available to you.</p>
<p><strong>IMPORTANT TAX TIP.</strong>&nbsp;Tax laws require you to&nbsp;pay tax on any amount over $600 forgiven&nbsp;by a creditor. You’ll want to take potential tax liability into account when weighing whether to negotiate debt or file for bankruptcy. (An exception exists for insolvency, but it’s a fine line between negotiating debt to avoid bankruptcy and declaring bankruptcy. Talk with your accountant.) Also, be sure that you can settle with all creditors before paying one. If you settle with some creditors but not all, and file for bankruptcy instead, you’ll have thrown away the payments, and any tax assessed on the forgiven amount won’t be dischargeable in bankruptcy.</p>
<h2>Qualifying for Bankruptcy: Your Plan of Last Resort</h2>
<p>Sometimes filing for bankruptcy is inevitable. If you can’t find a clear financial pathway through the coronavirus outbreak after your layoff, bankruptcy might be your best course of action. The sooner you file, the faster you’ll rebuild your credit and get back on your feet.</p>
<p><strong>ENCOURAGING TIP.</strong>&nbsp;It’s possible to qualify for a home mortgage as soon as two years after receiving a bankruptcy discharge. Learn more about&nbsp;mortgages after bankruptcy.</p>
<h3>Wiping Out Debt With Bankruptcy After COVID-19</h3>
<p>One of the most significant benefits of bankruptcy is its ability to&nbsp;wipe out (discharge)&nbsp;credit card balances, medical bills, and rent—the same types of debts that will likely get out-of-hand during the coronavirus crisis.</p>
<p>It doesn’t discharge all debts, however. Domestic support arrearages, newly acquired tax debt, and student loan balances are a few&nbsp;debts you can’t get rid of in bankruptcy, so filing for Chapter 7 bankruptcy won’t help you. By contrast, Chapter 13 won’t wipe out these debts, but you’ll get more time to pay (three to five years).</p>
<p>Here are more details about the two chapters most individuals file.</p>
<h3>Choosing Chapter 7 Bankruptcy After a Layoff</h3>
<p>Most people prefer filing for Chapter 7, if possible, and use this chapter almost exclusively shortly after being laid off. It’s quick—taking about four months to complete—you won’t pay creditors anything, and you’ll keep the property you need to work and live, which for many, is everything they own.</p>
<p>Keep in mind that you will have to give up luxury items, such as a vacation home, an expensive diamond necklace, or a valuable coin collection in exchange for a debt discharge. Ultimately, your state decides the&nbsp;bankruptcy property you can exempt&nbsp;(keep). Each state lists protected property in the state’s exemption laws.</p>
<p><strong>IMPORTANT TIP.</strong>&nbsp;You’ll want to think carefully before dipping into an ERISA-qualified retirement account to pay a bill that a bankruptcy discharge can wipe out. Many debtors, not realizing that&nbsp;retirement accounts are protected in bankruptcy, make the mistake of trying to avoid bankruptcy by exhausting retirement funds. Most debtors would do far better to file sooner and retain their retirement savings than to file later and find themselves left with nothing.</p>
<h3>Qualifying for Chapter 7 After a Layoff</h3>
<p>You’ll take the&nbsp;means test&nbsp;to find out if this chapter is available to you. Your income must be at or below the median income for your state to be eligible for a Chapter 7 discharge. Two exceptions exist, however:</p>
<ul>
<li>If your gross income is too high, you might qualify using the second portion of the means test—it allows you to deduct certain expenses.</li>
<li>If most of your&nbsp;debts are business-related, you’ll be exempt from the means test.</li>
</ul>
<p>Don’t assume that just because you’re not making anything now that you’ll qualify. The means test looks at your income over the last six months. So if your employer just laid you off of a high-paying job, you might have to wait a few months before qualifying. (You’ll add your gross income over the last six months, divide it by six, and multiply it by 12 to find the yearly amount you’ll compare to your state’s median income.)</p>
<p><strong>IMPORTANT TIP.</strong>&nbsp;Paying close attention to timing is essential. You’ll want to be sure that the worst is past, and that you don’t anticipate accumulating additional bills, such as medical debt. Why? Filers can only receive a&nbsp;discharge in Chapter 7 once every eight years. Also, only debts owed before the filing date get erased.</p>
<p>Learn when&nbsp;Chapter 7 is a better choice than Chapter 13.</p>
<h3>Filing for Chapter 13 After Returning to Work</h3>
<p>Most newly unemployed people don’t have the income needed to file this chapter. It’s intended for those with higher-income who can pay some amount toward bills, or who need time to catch up on past-due mortgage or car payments to avoid foreclosure or repossession. Filers can keep all of their property, but they must pay all discretionary income into a&nbsp;three- to five-year repayment plan.</p>
<h2>Consult With a Bankruptcy Lawyer</h2>
<p>It’s never a good idea to stop paying bills if you don’t know whether you’ll qualify for bankruptcy for the simple reason that it can be hard to catch up on payments (although sometimes you don’t have a choice). If you’re considering bankruptcy, speak with a local bankruptcy lawyer as soon as possible. Most offer a free consultation and can help you&nbsp;file for bankruptcy even if you’re quarantined during the coronavirus outbreak. Call Firebaugh &amp; Andrews for a free consultation 734-722-2999</p><p>The post <a href="https://whychoosebankruptcy.com/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/">Laid Off Due to the Coronavirus (COVID-19)? Bankruptcy Can Help</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/laid-off-due-to-the-coronavirus-covid-19-bankruptcy-can-help/">Laid Off Due to the Coronavirus (COVID-19)? Bankruptcy Can Help</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>COVID-19 Changes Everything, Including the U.S. Bankruptcy Code</title>
		<link>https://whychoosebankruptcy.com/covid-19-changes-everything-including-the-u-s-bankruptcy-code/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=covid-19-changes-everything-including-the-u-s-bankruptcy-code</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 03 Nov 2020 00:36:48 +0000</pubDate>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Covid-19 Virus & Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2020/04/03/covid-19-changes-everything-including-the-u-s-bankruptcy-code/</guid>

					<description><![CDATA[<p>Tuesday, March 31, 2020 In response to the COVID-19 pandemic, President Donald J. Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) to provide a $2 trillion economic stimulus package to support U.S. businesses and individuals impacted by COVID-19. The CARES Act includes revisions to certain provisions of the U.S.<br /><a class="moretag" href="https://whychoosebankruptcy.com/covid-19-changes-everything-including-the-u-s-bankruptcy-code/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/covid-19-changes-everything-including-the-u-s-bankruptcy-code/">COVID-19 Changes Everything, Including the U.S. Bankruptcy Code</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/covid-19-changes-everything-including-the-u-s-bankruptcy-code/">COVID-19 Changes Everything, Including the U.S. Bankruptcy Code</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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										<content:encoded><![CDATA[<div class="view view-content-meta view-id-content_meta view-display-id-block_2 view-dom-id-0d4f913e752012cfd84bfe06fef92b1d">
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<div class="views-field views-field-created"><span class="field-content">Tuesday, March 31, 2020</span></div>
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<p>In response to the COVID-19 pandemic, President Donald J. Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) to provide a $2 trillion economic stimulus package to support U.S. businesses and individuals impacted by COVID-19. The CARES Act includes revisions to certain provisions of the U.S. Bankruptcy Code in an effort to provide better and more effective bankruptcy relief to small businesses and individuals during this unprecedented time.</p>
<h3><strong>More small businesses will qualify for a more streamlined and affordable bankruptcy process under the Small Business Reorganization Act of 2019.</strong></h3>
<p>The CARES Act amends the Small Business Reorganization Act of 2019 (the “SBRA”), which became effective February 19, 2020, to temporarily increase the debt threshold for filing for relief under the new Subchapter V of Chapter 11 of the Bankruptcy Code from $2,725,625 of debt to $7,500,000.  The eligibility threshold will revert to $2,725,625 after one year.  The SBRA is designed to enable small business debtors to reorganize their financial affairs in a more efficient and cost-effective manner while also maintaining more control over their businesses.  Historically, Chapter 11 reorganization has not been a viable option for most financially struggling small businesses due to the length and unmanageable expense of the process.  Some of the key features of the SBRA are as follows:</p>
<ul data-rte-list="default">
<li>Debtors (businesses or individuals) with at least 50% of their debts being commercial debt and total debts not exceeding $7.5 million are eligible to file for relief under Subchapter V of Chapter 11 of the Bankruptcy Code.</li>
<li>Subchapter V debtors can take advantage of many of the protections of Chapter 11 without being subject to the same timelines.  In an SBRA case, the bankruptcy process will be quicker.  In fact, the deadline for filing a plan is just 90 days (versus 120 days in a Chapter 11 case) after the case is commenced.</li>
<li>Subchapter V debtors are not obligated to pay quarterly U.S. Trustee’s fees, which in a traditional Chapter 11 case can be significant.</li>
<li>In an SBRA case, a creditors committees will generally not be appointed.  Among other things, this will help to minimize the chances of disputes and distractions that a Subchapter V debtor might face in a Chapter 11 case.</li>
<li>A standing trustee will be appointed in every SBRA case.  The trustee’s supervisory role will include: (i) helping the Subchapter V debtor to formulate a plan; (ii) reporting fraud or misconduct, and (iii) and monitoring distributions under the plan.  Unlike a trustee that might be appointed in a Chapter 11 case, a SBRA trustee is not concerned with operating the Subchapter V debtor’s business.  Instead, the trustee’s goal is to help the debtor resolve issues with creditors and move the SBRA case along.</li>
<li>In an SBRA case, only the debtor is permitted to file a plan of reorganization, eliminating the risk of competing plans being filed by creditors.</li>
<li>In an SBRA case, a disclosure statement is not required, unless the Court orders otherwise.</li>
<li>A Subchapter V plan may be confirmed even if all impaired classes vote to reject the plan.  In a regular Chapter 11 case, a Court cannot confirm the plan unless at least one impaired class of unsecured claims votes to accept the plan.</li>
<li>Unlike a typical Chapter 11 debtor, in an SBRA case, a small business debtor may stretch payment of administrative expense claims out over the term of the plan.</li>
<li>Equity holders may be able to keep their equity interests in the business without the need to contribute new value because there is no “absolute priority rule” under Subchapter V.  This means that business owners can keep their interests in the company even if unsecured creditors will not be paid in full under the plan.</li>
</ul>
<h3><strong>More consumers will receive greater bankruptcy benefits and protections.</strong></h3>
<p>The CARES Act also amends certain provisions under Chapters 7 and 13 of the U.S. Bankruptcy Code to help consumers who will be or have been financially harmed by the COVID-19 pandemic.  The key changes that consumers should be aware of are as follows:</p>
<ul data-rte-list="default">
<li>Chapter 13 debtors with existing confirmed plans who have suffered a “material financial hardship” due to COVID-19 will be allowed to seek plan modifications, including extending their payments for up to seven years after their first plan payment was due, thereby reducing their monthly payment obligation.</li>
<li>Coronavirus related payments received by families and individuals from the federal government, as a result of the CARES Act and other stimulus, will not be included in the definition of “income” for eligibility purposes, nor will such payments be included in the calculation of “disposable income” for plan confirmation purposes.  This change is designed to permit consumer debtors to receive the full benefit of stimulus payments</li>
</ul>
<p>Call Firebaugh &amp; Andrews for a free consultation we can help you make the right decision 734-722-2999</p><p>The post <a href="https://whychoosebankruptcy.com/covid-19-changes-everything-including-the-u-s-bankruptcy-code/">COVID-19 Changes Everything, Including the U.S. Bankruptcy Code</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/covid-19-changes-everything-including-the-u-s-bankruptcy-code/">COVID-19 Changes Everything, Including the U.S. Bankruptcy Code</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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		<title>The COVID-19 Corona Virus and filing bankruptcy.</title>
		<link>https://whychoosebankruptcy.com/the-covid-19-corona-virus-and-filing-bankruptcy/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-covid-19-corona-virus-and-filing-bankruptcy</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 22 Sep 2020 01:58:43 +0000</pubDate>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Covid-19 Virus & Bankruptcy]]></category>
		<guid isPermaLink="false">https://whychoosebankruptcy.com/index.php/2020/03/22/the-covid-19-corona-virus-and-filing-bankruptcy/</guid>

					<description><![CDATA[<p>Last Updated: 3/20/2020 The Bankruptcy Court has been closely monitoring and following recommended guidelines from the Centers for Disease Control and Prevention (CDC) and local public health officials, and preparedness guidelines from the Administrative Office of the U.S. Courts (AO) regarding the Coronavirus Disease 2019 (COVID-19) and is releasing updates almost daily. Bankruptcy is a very<br /><a class="moretag" href="https://whychoosebankruptcy.com/the-covid-19-corona-virus-and-filing-bankruptcy/">+ Read More</a></p>
<p>The post <a href="https://whychoosebankruptcy.com/the-covid-19-corona-virus-and-filing-bankruptcy/">The COVID-19 Corona Virus and filing 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/the-covid-19-corona-virus-and-filing-bankruptcy/">The COVID-19 Corona Virus and filing bankruptcy.</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 class="sc-kAzzGY zsihZ">Last Updated: 3/20/2020</p>
<p class="sc-kAzzGY zsihZ">The Bankruptcy Court has been closely monitoring and <a href="https://www.cdc.gov/coronavirus/2019-ncov/index.html">following recommended guidelines</a> from the Centers for Disease Control and Prevention (CDC) and local public health officials, and preparedness guidelines from the Administrative Office of the U.S. Courts (AO) regarding the Coronavirus Disease 2019 (COVID-19) and is releasing updates almost daily.</p>
<p>Bankruptcy is a very complicated process that needs a professional to make sure everything is properly filled out and filed. With the ongoing pandemic many are falling behind on their bills and may have to consider bankruptcy, with all the uncertainty and the complications of government offices being closed its more important than ever to have a professional making sure you understand your options and timeline with Covid-19 forcing major closings.  Call Firebaugh &amp; Andrews for your free consultation and ask about our financing program. 734-722-2999</p>
<p class="sc-kAzzGY zsihZ"><b>VERY IMPORTANT!</b></p>
<p class="sc-kAzzGY zsihZ"><b>Each court is publishing announcements online almost daily. For the latest news about your court, visit </b><a href="https://www.uscourts.gov/about-federal-courts/federal-courts-public/court-website-links"><b>your court’s website</b></a><b>. Updates can most likely be found on the homepage in the “News” section of their website. </b></p>
<p class="sc-kAzzGY zsihZ"><b>Contact your attorney to get the latest updates. </b></p>
<p class="sc-kAzzGY zsihZ">Most hearings are being changed to telephonic hearings. If you have a hearing coming up in your case, Your attorney will keep you up to date on the hearing.</p>
<p class="sc-kAzzGY zsihZ">The Office of the United States Trustee handles everything related to the 341 meetings. At the moment, all in-person 341 meetings scheduled through April 10, 2020, have been moved to a later date that is yet to be determined. To find out what accommodations, if any, are being made in your region, your attorney can let you know when th 341 meeting will take place.</p>
<h3 id="what-can-i-expect-overall-when-it-comes-to-my-bankruptcy-case" class="Displayh__H3-sc-790c37-3 dSrmFr">What can I expect overall when it comes to my bankruptcy case?</h3>
<p class="sc-kAzzGY zsihZ">Expect Delays! As of today, the courts are open but many courts are operating with limited staff or staff working remotely. We have seen some smaller courts close for 14 days due to possible exposure. There will be delays in the processing of documents and both hearings and 341 meetings are being rescheduled by many courts.</p>
<p class="sc-kAzzGY zsihZ">Upsolve is still operating as normal, allowing users to complete the questionnaire, answering questions and releasing forms to be filed.</p>
<h2 id="can-i-still-file" class="Displayh__H2-sc-790c37-2 eGJZNQ">Can I still file?</h2>
<p class="sc-kAzzGY zsihZ">For the time being, yes. Updates are being published almost daily. Check with your attorney to see whether they are open and accepting new filings. Although many courts are open they are not allowing face-to-face contact with the clerks.</p>
<h3 id="what-can-i-expect-if-i-need-to-go-to-court" class="Displayh__H3-sc-790c37-3 dSrmFr">What can I expect if I need to go to court?</h3>
<p class="sc-kAzzGY zsihZ"><b>Until further notice, filers should not visit their court. </b>Check with the your attorney for rescheduled times.</p>
<p class="sc-kAzzGY zsihZ">Know that some courts are screening visitors before they enter the court by asking questions about recent travel from domestic or international areas with a high number of confirmed cases. They may also ask if you have been exposed to someone who is a confirmed case or if you are experiencing some of the symptoms described by the CDC. In most cases, if you state “yes” to any of these questions you will be denied entrance to the building or courthouse.</p>
<h3 id="should-i-still-pay-the-filing-fee-or-file-my-paperwork-on-time" class="Displayh__H3-sc-790c37-3 dSrmFr">Should I still pay the filing fee or file my paperwork on time?</h3>
<p class="sc-kAzzGY zsihZ">Yes! Debtors should continue to pay their filing fee and now we offer financing for your bankruptcy contact us for details 734-722-2999</p>
<h3 id="my-trustee-sent-me-an-affidavit-of-debtor-regarding-a-telephonic-hearing-do-i-need-to-sign-it" class="Displayh__H3-sc-790c37-3 dSrmFr">My trustee sent me an Affidavit of Debtor regarding a telephonic hearing. Do I need to sign it?</h3>
<p class="sc-kAzzGY zsihZ">Yes. Since the trustee has a duty to check your identity and that’s hard to do when the 341 meeting is taking place via telephone or video conference, your trustee or the court may send you an “Affidavit of Debtor” or similar form to verify your identity.  Your attorney will advise you on the best options.</p>
<h3 id="my-341-meeting-was-scheduled-between-march-16-and-april-10th-what-should-i-do" class="Displayh__H3-sc-790c37-3 dSrmFr">My 341 meeting was scheduled between March 16 and April 10th. What should I do?</h3>
<p class="sc-kAzzGY zsihZ">As of 3/16/2020 many courts have suspended <b>in person</b> 341 meetings and instead will conduct 341 meetings by telephone or TELEPHONICALLY. The court or your trustee will provide a phone number, access code and security code along with specific instructions on what to do on the call. Each trustee may have different procedures to conduct these telephone meetings. Call or email your trustee for more information.</p>
<h3 id="what-does-it-mean-if-my-341-meeting-or-hearing-is-continued-until-a-later-date-to-be-determined" class="Displayh__H3-sc-790c37-3 dSrmFr">What does it mean if my 341 meeting or hearing is “continued until a later date to be determined”?</h3>
<p class="sc-kAzzGY zsihZ">If you had a meeting or hearing (such as a fee waiver or reaffirmation) scheduled between 3/16/20 and 4/10/20 and received notice that it is “continued” your meeting was moved to a new date. If the notice doesn’t list a new date, the new date has not yet been set by the court. Since things are pretty fluid, some courts are not setting new dates for their hearings yet. Remember to check your mail and/or court notices for updates. You can contact your attorney for more information.</p>
<h3 id="will-this-delay-my-discharge" class="Displayh__H3-sc-790c37-3 dSrmFr">Will this delay my discharge?</h3>
<p class="sc-kAzzGY zsihZ">It can. A debtor cannot receive a discharge until after a 341 meeting has been conducted. If 341 meetings are being rescheduled or continued until further notice then that will delay the discharge.  Your attorney will keep you updated.</p>
<h3 id="will-this-affect-my-automatic-stay" class="Displayh__H3-sc-790c37-3 dSrmFr">Will this affect my automatic stay?</h3>
<p class="sc-kAzzGY zsihZ">No.</p>
<h3 id="do-i-need-to-contact-my-creditors" class="Displayh__H3-sc-790c37-3 dSrmFr">Do I need to contact my creditors?</h3>
<p class="sc-kAzzGY zsihZ">No. Your attorney will make sure this is taken care of. Call Firebaugh &amp; Andrews for your free consultation 734-722-2999</p>
<p><a href="http://michiganbankruptcyfacts.com/wp-content/uploads/2020/03/boop-1.jpg"><img decoding="async" class="alignnone size-medium wp-image-16234" src="http://michiganbankruptcyfacts.com/wp-content/uploads/2020/03/boop-1-300x200.jpg" alt="" width="300" height="200" /></a></p><p>The post <a href="https://whychoosebankruptcy.com/the-covid-19-corona-virus-and-filing-bankruptcy/">The COVID-19 Corona Virus and filing 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/the-covid-19-corona-virus-and-filing-bankruptcy/">The COVID-19 Corona Virus and filing bankruptcy.</a> appeared first on <a href="https://whychoosebankruptcy.com">Michigan Bankruptcy Facts 734-722-2999</a>.</p>
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