Westland Chapter 7 Bankruptcy Lawyer

One of the Best Chapter 7 Bankruptcy Attorneys in Westland, MI

Office Location

23843 Joy Rd
Dearborn Heights, MI 48127

Monday:        9 AM-5:15 PM
Tuesday:        9 AM-5:15 PM
Wednesday:  9 AM-5:15 PM
Thursday:      9 AM-5:15 PM
Friday:           9 AM-5:15 PM
Saturday:      9 AM-12 PM
Sunday:         Closed

We offer late night appointments as late as 6:30 by phone or in person Mon-Thur.

Highly Recommended

Get a Free Consultation

Westland Chapter 7 Bankruptcy Attorney

Chapter 7 bankruptcy is a lifeline for individuals and businesses drowning in unmanageable debt, however, navigating its complexities demands careful guidance. As a legal process, it allows for the liquidation of assets to settle debts, providing a fresh start for filers in Westland.

At Frego & Associates Law Firm, our experienced Westland Chapter 7 lawyers possess extensive knowledge of the legal procedures, qualifying criteria, and nuances of filing. We ensure the entire bankruptcy process is handled effectively to reduce stress for you.

Contact us at 1-800-646-0075 to get a free consultation. Schedule an in-person or online appointment today.

Our Chapter 7 attorneys will expertly manage your bankruptcy case and pave the way to a renewed financial life.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a legal remedy enabling the liquidation of assets to discharge debts for consumers, businesses, and corporations. It offers you the opportunity to eliminate most unsecured debts, including credit card debt, medical bills, and utility bills.

This type of bankruptcy plan aims to provide you with a fresh start by either liquidating your assets to pay off debts or wiping out eligible debts during times of financial difficulties. [1]

Key points:

  • Chapter 7 bankruptcy enables you to sell off your assets to repay creditors.
  • In the Chapter 7 process, unsecured priority debts are addressed first, followed by secured debts, and finally nonpriority unsecured debts.
  • The process of filing for Chapter 7 generally requires the completion of specific forms, and a trustee will conduct a thorough evaluation of assets.
  • Chapter 7 filing initiates an automatic stay on debt collection efforts by creditors.

Upon filing, legal protections prevent further creditor harassment and offer protection from creditors, ensuring immediate cessation of collection activities. The main goal is to afford debt relief and a stable financial life.

Eligibility Criteria for Filing Chapter 7 in Westland, Michigan

To qualify for Chapter 7 bankruptcy in Westland, you must meet specific income criteria based on household size. Exceeding the designated income range or possessing too many assets may lead to disqualification.

Eligibility Criteria for Chapter 7:

Chapter 7 relief is open to individuals, partnerships, or corporations, per 11 U.S.C. §§ 101(41), 109(b). It requires passing a means test; however, it is available regardless of debt amount or solvency.

A person cannot file for Chapter 7 or any other chapter if, in the last 180 days, a previous bankruptcy case was dismissed because of the debtor’s willful nonappearance or noncompliance with court orders, or if the debtor voluntarily dismissed it after creditors sought to recover liened property. 11 U.S.C. §§ 109(g).

In addition, to file under Chapter 7, individuals must get credit counseling from an approved agency within 180 days before filing. 11 U.S.C. §§ 111.

In emergencies or when there aren’t enough approved agencies to offer the necessary counseling, exceptions can be made. If a debt management plan is formulated during the required credit counseling, it must be filed with the court.

Eligibility Criteria for Chapter 7

What is the Means Test?

The Means Test is an assessment used to determine eligibility for filing Chapter 7 bankruptcy. It was established to prevent high-income earners from discharging debts without repaying creditors. The test compares your monthly income against the median income for your household size in the state of Michigan.

The table below shows the median income for various household sizes in Michigan: [2]

1 Member Household – $44,072.00
2 Member Household – $52,540.00
3 Member Household – $61,110.00
4 Member Household – $74,863.00
5 Member Household – $82,963.00
6 Member Household – $91,063.00
7 Member Household – $99,163.00
8 Member Household – $107,263.00
9 Member Household – $115,363.00
10 Member Household – $123,463.00

If your income exceeds the state’s median, further calculations are performed to assess disposable income by deducting allowable expenses.

Passing this test indicates that your financial situation qualifies for Chapter 7 bankruptcy, allowing you to eliminate unsecured debts and achieve a fresh financial start.

What Debt Does Chapter 7 Bankruptcy Not Get Rid Of in Westland?

In Westland, Chapter 7 bankruptcy offers relief primarily from unsecured debts such as credit card fees, medical bills, and utility bills. However, it does not eliminate secured debts, which are loans backed by an asset, and certain other liabilities.

Here is a list of what Chapter 7 does not discharge:

  • Secured debts (car loans and mortgages)
  • Certain unsecured debts (alimony, child support, and most student loans)
  • Recent taxes (federal, state, and local taxes from recent years)

Individuals seeking Chapter 7 relief must meet specific income and asset criteria. If they exceed these limits, they may need to consider Chapter 13 bankruptcy, which involves a court-managed repayment plan.

Potential Challenges During Filing Chapter 7 Bankruptcy

Filing for Chapter 7 Bankruptcy involves navigating several potential challenges. Primarily, eligibility is defined by income and asset limitations, which necessitate careful evaluation to ensure qualification.

Potential issues include:

  • Unpaid Taxes: Certain tax obligations may persist despite bankruptcy proceedings.
  • Foreclosure Threats: Bankruptcy doesn’t always prevent property foreclosure, especially if mortgage payments are not maintained.
  • Non-Dischargeable Debts: Not all debts, such as student loans or child support, are discharged. Secured debts like mortgages and car loans are not automatically discharged.
Potential Challenges During Filing Chapter 7 Bankruptcy

How Our Westland Chapter 7 Bankruptcy Lawyer Can Assist You

Frego & Associates’ Westland bankruptcy attorneys can offer you 24/7 invaluable legal assistance in navigating the intricate bankruptcy process.

With over 100 years of collective experience, our local Westland chapter 7 bankruptcy attorneys can support you by assisting with the following: 

  • Eligibility Assessment: Our law firm helps determine if you qualify for Chapter 7 relief under Chapter, considering income limits and asset restrictions.
  • Automatic Stay Initiation: Upon filing, an automatic stay is triggered, halting creditor harassment and protecting you from debt collectors.
  • Determining Exempt vs. Nonexempt Property: We guide you in retaining exempt property while facilitating the sale of nonexempt assets to address creditor obligations.
  • Assisting With Debt Discharge: Our attorneys help you secure a discharge for numerous debts, providing relief and a chance for a financial fresh start.
  • Proposing Alternative Solutions: Should Chapter 7 bankruptcy not suit your needs, we can explore other debt relief options or develop a debt repayment plan.
  • Paperwork Management: Filing for bankruptcy involves extensive documentation, which our Chapter 7 lawyer meticulously prepares and submits on your behalf.
  • Court Representation: Our Westland bankruptcy lawyers represent you at mandatory hearings, such as the meeting of creditors, to advocate on your behalf and address any concerns.
  • Post-Bankruptcy Guidance: After discharge, our experienced attorney can provide advice on rebuilding credit and maintaining a healthy financial plan.

We are open now to assist you in exploring your options if you need debt relief and are considering filing for bankruptcy. Get your free Chapter 7 Bankruptcy consultation today. 

Sources:

[1] Chapter 7 – Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/court-programs/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics

[2] Michigan Bankruptcy Means Test – Chapter 7? (n.d.). http://www.michiganbankruptcy.com/means-test/

Received Accolades:
206-2010, 2012, 2014-2021

American Bankruptcy Institute

Certified as a Bankruptcy Specialist by ABC

National Association of Consumer Bankruptcy Attorneys

Better Business Bureau

Office Location

23843 Joy Rd
Dearborn Heights, MI 48127

Monday:        9 AM-5:15 PM
Tuesday:        9 AM-5:15 PM
Wednesday:  9 AM-5:15 PM
Thursday:      9 AM-5:15 PM
Friday:           9 AM-5:15 PM
Saturday:      9 AM-12 PM
Sunday:         Closed

We offer late night appointments as late as 6:30 by phone or in person Mon-Thur.

Highly Recommended

Get a Free Consultation

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