Legal Question in Bankruptcy in Michigan

Bankruptcy Qualifications

I have had a great deal of hardship in the past year financially. I am receiving numerous collection letters and today, a lawsuit for the debt on a credit card. What needs to be met to qualify to file bankruptcy? Can I keep my home, car and boat? You may laugh, but the boat isn't worth a great deal but has a loan on it. Thanks in advance.


Asked on 2/15/05, 6:59 pm

1 Answer from Attorneys

Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Bankruptcy Qualifications

Call me toll free and I'll explain in detail 1-888-31-SWEENEY. In brief, however, I can tell you the following: There are no real qualifications for filing bankruptcy in general, except that you are not able to pay your debts as they come due. Depending on your income to expense ratio, you would file either a Chapter 7 or Chapter 13. If you have more than $200 left over at the end of the month after you pay expenses (not including credit cards), you more likely than not qualify for a Chapter 7. If you have a lot more than that left over, you would probably need a Chapter 13. If you have a lot of assets and you would like to keep them, a 13 is the way to go - but there are specifics which time and space do now allow me to explain here. As a general rule, you can keep most of your stuff when filing a Chapter 7 so long your personal property does not exceed a certain value. Feel free to call or email and I will get into details based on what you tell me about your income, expenses, debts and property.

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Answered on 2/15/05, 7:15 pm


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