Michigan Bankruptcy Pre 1989 Agreements

State:
Multi-State
Control #:
US-OG-696
Format:
Word; 
Rich Text
Instant download

Description

This document addresses the question of Bankruptcy in pre-1989 agrements, stating specifically that the granting of relief under the Bankruptcy Code to any Party to this Agreement as debtor, this Agreement should be held to be an executory contract under the Bankruptcy Code, then any remaining Party shall be entitled to a determination by debtor or any trustee for debtor within thirty (30) days.

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FAQ

The corresponding Michigan state exemption for most debtors is currently $40,475 and will rise to $46,125 on March 30, 2023. The Michigan exemption for those who are over age 65 or disabled will rise from the current value of $60,725 to $69,200.

Personal Property Exemptions Up to $3,525 would be protected for household goods. This includes furniture, appliances & jewelry. Up to $600 in equity would be protected for computer accessories. There is no limit on the amount of clothing that you can keep.

A Chapter 7 bankruptcy wipes out mortgages, car loans, and other secured debts. But if you don't continue to pay as agreed, the lender will take back the home, car, or other collateralized property using the lender's lien rights.

People using the Michigan system of exemptions can protect up to $30,000 of equity in their homes. People using the federal system of exemptions are entitled to $21,626 for individual filers and $43,250 for joint filers.

Wildcard Exemption This is an exemption that can be used to protect something that would normally not be exempt. Some of these items might include a classic car you have restored, a comic book collection, or other such items.

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see Michigan bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

In most cases, bankruptcy exemptions in Michigan allow you to keep exempt property that you need to maintain a household and job. This includes personal property like clothing, home furnishings, and the equity you have in your car.

In a Chapter 7 bankruptcy, if you meet the eligibility requirements, you may be able to discharge many of your debts such as credit cards and medical bills. If you want to keep your house you must continue to make your mortgage payments.

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Michigan Bankruptcy Pre 1989 Agreements