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Frequently Asked Questions

Michigan Bankruptcy Lawyer in Sterling Heights

Considering filing for bankruptcy? Below you will find some frequently asked questions about the bankruptcy process.

Will I be able to obtain credit after bankruptcy?

Yes, you will be able to rebuild your credit over time. There are many steps that you can take to improve your credit score that a Michigan bankruptcy attorney can explain.

Can I file for bankruptcy more than once?

Yes, under certain circumstances. If you are filing a Chapter 7, you will have to wait 8 years before you can file again. Chapter 13 rules are different, allowing you to file for bankruptcy more frequently.

Will I have to file a joint bankruptcy petition if I am married?

No, you have the option of filing as an individual or as a couple.

Will I still get calls from creditors after I file my petition?

Once your bankruptcy petition has been submitted, the court will issue an automatic stay which will stop all creditor collection activities, including phone calls, letters and emails.

Can I eliminate my tax debt through bankruptcy?

You may be able to discharge tax obligations more than 3 years old depending on the situation.

Will all of my assets get sold in a Chapter 7 bankruptcy?

Only non-exempt assets will be liquidated in a Chapter 7 bankruptcy. There are both state and federal guidelines that cover what type of property must get sold.

How will I know if I qualify for bankruptcy?

Your eligibility for Chapter 7 bankruptcy is determined by the means test. If you do not meet the criteria for Chapter 7, you will be able to file for bankruptcy under Chapter 13.

I'm several months past due on my house payment, and I've received notice that my mortgage company has started foreclosure proceedings. Is it too late to save my house?

No. Chapter 13 can allow you to stop the foreclosure process and permit you to propose a plan to pay the amount that you're past due back to the mortgage company over time.

My paycheck is presently being garnished due to a collection lawsuit. Can bankruptcy stop this?

Absolutely. The "automatic stay" of proceedings afforded by the bankruptcy code can immediately stop a garnishment. In many cases, bankruptcy can force a judgment creditor to return garnished wages to you!

Can I get rid of my student loans by filing bankruptcy?

No. Except in the rarest of circumstances.

I'm considering filing a Chapter 7, but I have one particular loan that my mother co-signed on. What happens in this situation and can I protect her?

When there are two parties who are obligated on the same debt, generally the debt is discharged as to the party filing bankruptcy but not as to the party who didn't file. In order to protect mom from collection action, a reaffirmation agreement may be entered into with this particular creditor. Such an agreement re-establishes your obligation on this debt - and so long as you keep up your payments, no action will be taken against mom.

Do I need an attorney to help me file for bankruptcy?

Technically no. However, technically you don't need a surgeon to perform an appendectomy either. Bankruptcy is a complicated area of the law. To say it is a good idea to hire a professional to assist you would be an understatement.

My co-worker filed Chapter 7 and received a discharge of all of his debts. Can I do the same thing?

Every case is different. Each case depends on the financial circumstances of the individual or married couple. Call for a free consultation to determine exactly what your options are.

My mortgage interest rate adjusted, so now I can't afford my house payment and I can't sell it due to the depressed real estate market. Is there a way that I can I walk away from my house?

Yes. By invoking your rights under the bankruptcy code you can elect to surrender your home without exposing yourself to personal liability on the note. Also, depending on your situation, you may be able to do a Deed In Lieu of Foreclosure - without even having to file bankruptcy.

Do I need to go to Court if I file bankruptcy?

Yes. In a Chapter 7 proceeding you will need to appear once (in most situations). In a Chapter 13 you may be required to appear on two separate dates. Michigan Bankruptcy Attorney Hensel will accompany you at all hearings.

Client Testimonials

  • I greatly appreciate your time and effort.

    “It was a great pleasure and relief working with you through that tough time. I greatly appreciate your time and effort on our case. I will gladly and confidently recommend you to anyone I know facing a tough financial time requiring your expertise.”

    Jay

  • Sincerest thanks for all of your help in affording me what I consider a real "fresh start."

    “I wanted to give you my sincerest thanks for all of your help in affording me what I consider a real "fresh start". My divorce was unfortunate but definitely a needed change for the better. However, the financial side of things still seemed to keep that past linked, which makes this an enormous weight lifted. I just can't believe the impact it's made on my outlook with...everything.I will be sure to keep your business cards handy to distribute along with highly favorable words of recommendation should the needs arise.Thank you again for your time and professional guidance.”

    Michelle

  • Thank you very much for getting us through this very hard time in our lives.

    “I just wanted to thank you very much, for getting us through this very hard time in our lives. You did an excellent job. If anyone I know is in need of a lawyer, we will surely give them your name. Again thanks.”

    John and Linda

  • Tom Hensel is definitely the right attorney to call!

    “I was referred to Tom Hensel by a friend. My first impression was not only was Tom professional but he's so kind and caring too. He helped my husband and I through an embarrassing, scary situation and definitely made it more positive one. He guided us through our options and helped us make the right decision for us which ended up being a chapter 7 bankruptcy. Tom was so knowledgeable and helped us throughout the whole process. He never once made us feel uncomfortable or dumb when we had questions. He was also very easy to get a hold of when questions would come up and would always return our calls and emails promptly. I strongly recommend Tom to anyone going through this kind of financial nightmare. Do yourselves a favor and call him right away. He will help you get on the right path again. Our only mistake was waiting so long to call him!! When we in court waiting our turn all the other attorneys referred to their clients as "The debtors" Tom on the other hand acknowledged us by our names. Little things mean a lot and that left a lasting impression with us. Tom Thank You again for all your help!!”

    Stacy S.

  • He is respectful and down to earth with his approach to very complicated legal matters.

    “Hensel Law Office has helped me during a very difficult time in my life. Tom has done a wonderful job with my Chapter 13 case. He always kept in touch with me and explained everything in terms I could understand. I would highly recommend Mr. Hensel to anyone who is facing any bankruptcy filing. He is respectful and down to earth with his approach to very complicated legal matters.”

    Sandra