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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

  • His knowledge and expertise made a very difficult time in our lives much easier.

    “From start to finish our experience with Mr. Hensel was great. He carefully and thoroughly explained the entire process to us and was always available for any questions or concerns we had. His knowledge and expertise made a very difficult time in our lives much easier. We are very thankful for his help in our situation.”

    Christine and John

  • He always responded quickly and intelligently.

    “Mr. Hensel made a difficult and uncomfortable situation as easy as possible for me. He always responded quickly and intelligently to my questions and never made me feel as if I were bothering him. He explained the unknown aspects of bankruptcy, the court system, and my options in clearly understandable terms. I felt confident that he was handling my case in the best possible manner and in my best possible interests. I feel lucky to have found the Hensel Law Office and I never hesitate to refer others who could use assistance - because I know they will get superior service and help.”

    Kelly

  • 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

  • Mr. Hensel walked me through every step.

    “I would highly recommend the Hensel Law Office!! Mr. Hensel walked me through every step, got my garnishments stopped very quickly (even got garnished wages returned to me!) and told me what to expect along the way. He answered all of my questions in a very timely manner- no matter what time I sent an email or gave him a phone call. Also, I felt his price was very reasonable compared to some of the other places that I called. Mr. Hensel answered plenty of questions that I had before I even became a client.”

    Carl

  • Utmost dedication and professionalism.

    “I chose to work with Tom Hensel after meeting with several big name firms in the area. Tom handled my unique situation with the utmost dedication and professionalism. The personal service I received from him made all the difference in my case. My only regret is that I didn't call him first.”

    Craig