Legal Question in Bankruptcy in Michigan

Our income is $3000 a month. We are not behind on any bills but I continue to take $1000 a month our of my SEP to meet monthly bills. If we file bankruptcy, will we be able to keep our home?


Asked on 2/08/11, 1:13 pm

1 Answer from Attorneys

Adel Fakhouri Latinis, Fakhouri & Haddad, PLC

You will almost positively be able to keep your house should you file Bankruptcy either under a Chapter 7 or Chapter 13, so long as the house is current and you can show that you will be able to maintain the current mortgage. There are always exceptions of course. There is a couple of facts we, as a bankruptcy firm will need to discuss. For example:

1) Is there equity in the home? If so, how much?

2) Are you current, or do you have an arrearage amount that you will need to "catch-up"

3) Is it in your best interest to keep the home? For example, many people find themselves 100s of thousands of dollars "under water." If this is the case in your financial life, does it make sense for you to maintain an asset that is heavily encumbered?

We would be happy to discuss an option for bankruptcy, or alternatively, options that are available to you outside of bankruptcy to see what option most benefits you. Our consultations are absolutely free. We also offer payment plans, and focus on educating our clients, not "selling" them. If you would like to discuss this further please do not hesitate to contact us or visit us on the web.

Sincerely,

Latinis, Fakhouri, & Haddad, PLC

Adel Fakhouri, Esq.

www.lfhlawgroup.com

(248) 945-3400

Southfield, MI

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Answered on 2/08/11, 1:48 pm


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