Kostopoulos Bankruptcy Law

Category: Bankruptcy

What Disqualifies You From Filing Chapter 7 in Michigan?

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If you’re struggling with debt, Chapter 7 bankruptcy might seem like a viable solution. But what disqualifies you from filing Chapter 7 in Michigan?

You may be disqualified from Chapter 7 if your disposable income is high enough to repay debts through a Chapter 13 repayment plan. Other disqualifying factors include:

  • Failing the Means Test: If your income exceeds Michigan’s median income and you have enough disposable income to repay debts.
  • Previous Bankruptcy Filings: If you received a Chapter 7 discharge within the last eight years or a Chapter 13 discharge within six years.
  • Fraudulent Activity: If you attempted to hide assets, committed bankruptcy fraud, or misrepresented financial information.
  • Failure to Complete Credit Counseling: You must complete a court-approved credit counseling course before filing.

With decades of experience helping Michigan residents navigate bankruptcy, I’ve assisted countless individuals in determining their eligibility. Let’s break down these disqualifications in detail to help you understand your options.

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FAQs About Chapter 7 Bankruptcy in Michigan

Can I qualify for Chapter 7 if my income is above the limit?
Yes, if you pass the means test, you may still qualify despite having higher income.
What happens if I miss the credit counseling deadline?
Your case may be dismissed, and you’ll need to restart the process after completing counseling.
How does Chapter 13 differ from Chapter 7?
Chapter 13 involves repaying debts over time, while Chapter 7 eliminates most debts through liquidation.
Can I keep my house in Chapter 7 bankruptcy?
If your home equity is within Michigan’s homestead exemption, you can usually keep your house.
What happens if I’m accused of fraud during bankruptcy?
Your case may be dismissed, and you could face fines or criminal charges.
What is non-exempt property in bankruptcy?
Non-exempt property includes assets like high-value vehicles, vacation homes, or luxury items not covered by exemptions.
How long does the Chapter 7 process take?
Most cases are resolved within four to six months.

Can Chapter 13 Stop Foreclosure in California?

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If you’re facing foreclosure, you may be wondering: Can Chapter 13 bankruptcy stop foreclosure in California?

Yes, Chapter 13 bankruptcy can stop foreclosure in California. The automatic stay immediately halts foreclosure proceedings, and the structured repayment plan allows homeowners to catch up on missed mortgage payments over three to five years.

With decades of experience helping Californians protect their homes from foreclosure, I’ve assisted countless homeowners in using Chapter 13 to regain financial stability. Let’s explore how this process works and what you need to know to safeguard your home.

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What to Expect After Filing Chapter 7 Bankruptcy in California

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If you’re considering bankruptcy, you may be wondering: What happens after filing Chapter 7 bankruptcy in California?

After filing Chapter 7 bankruptcy in California, an automatic stay immediately halts all creditor collection efforts, including wage garnishments, foreclosures, and lawsuits. The court will notify creditors of your case, and you’ll be required to attend a 341 Meeting of Creditors before your eligible debts can be discharged.

With decades of experience helping individuals navigate bankruptcy, I’ve guided countless Californians through the Chapter 7 process to achieve financial relief. Let’s break down what you can expect after filing and how to prepare for the next steps.

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How Much Does it Cost to File Bankruptcy in California?

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If you’re considering bankruptcy, one of your biggest concerns might be the cost. You may be wondering: How much does it cost to file bankruptcy in California?

As of 2025, the court filing fees for bankruptcy in California are:

  • $338 for Chapter 7
  • $313 for Chapter 13

Beyond court fees, attorney costs can range from $1,000 to $5,000, depending on the complexity of your case. Other expenses may include credit counseling courses and miscellaneous administrative fees.

With decades of experience assisting Californians through the bankruptcy process, I’ve helped countless individuals understand the financial aspects of filing. Let’s explore the full cost breakdown and what to expect when filing for bankruptcy in California.

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Are There Any Exemptions for Specific Assets in California Bankruptcy Cases?

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If you’re considering bankruptcy in California, you might be wondering: Are there any exemptions for specific assets in California bankruptcy cases?

Yes, California offers specific asset exemptions under two exemption systems: Section 704 and Section 703. The 704 system provides stronger protections for home equity, while the 703 system offers flexibility for personal assets. Exemptions cover vehicles, jewelry, household goods, retirement accounts, and more, ensuring you can retain essential property during bankruptcy.

Having helped countless individuals protect their most valuable assets in bankruptcy, I know how important it is to choose the right exemption strategy. Let’s break down the key asset protections available under California law.

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How Can I Protect My Assets When Filing for Bankruptcy in California?

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Filing for bankruptcy can be a difficult decision, especially when you’re concerned about losing your assets. How can you protect your assets when filing for bankruptcy in California?

In California, you can protect your assets by using the state’s bankruptcy exemptions, which shield essential property like home equity, vehicles, retirement accounts, and personal belongings. Choosing the right exemption system—either the 703 or 704 set—can help maximize protection and allow you to keep critical assets while discharging eligible debts.

With decades of experience helping clients secure their financial future, I understand the strategies that can help preserve your property during bankruptcy. Let’s explore the best ways to safeguard your assets under California law.

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What Are the Differences Between Chapter 7 vs. Chapter 13 in Michigan?

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If you’re considering bankruptcy, choosing between Chapter 7 and Chapter 13 is a critical decision. You might be wondering: What are the differences between Chapter 7 vs. Chapter 13 in Michigan?

The biggest difference is that Chapter 7 eliminates unsecured debts through liquidation, while Chapter 13 allows you to reorganize your debts into a structured repayment plan.

  • Chapter 7: Discharges unsecured debts (credit cards, medical bills, personal loans) but may require selling non-exempt assets.
  • Chapter 13: Lets you keep your property while making structured payments over 3–5 years to catch up on secured debts like a mortgage or car loan.

With decades of experience assisting Michigan residents through bankruptcy, I’ve helped countless individuals determine which option best suits their financial situation. Let’s break down the key differences and eligibility requirements for both Chapter 7 and Chapter 13 in Michigan.

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FAQs About Chapter 7 vs. Chapter 13 in Michigan

What is the main difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 eliminates unsecured debt by liquidating non-exempt assets, while Chapter 13 reorganizes debts into a repayment plan and allows you to keep your assets.
Which bankruptcy chapter is faster to complete?
Chapter 7 is quicker, generally taking 4–6 months to complete, whereas Chapter 13 extends over a period of 3–5 years.
Can Chapter 13 bankruptcy stop foreclosure?
Yes. Chapter 13 allows you to catch up on mortgage payments and prevent foreclosure through a repayment plan.
Do I need regular income to file for Chapter 7?
No. Chapter 7 does not require regular income but does require passing the means test.
Can I discharge taxes through Chapter 13?
Yes. Chapter 13 can help discharge certain taxes that are not eliminated in Chapter 7.
What happens to secured debts in Chapter 7 vs. Chapter 13?
In Chapter 7, you must stay current on secured debts to keep property, while Chapter 13 lets you catch up on arrears over time.
How can an attorney help me choose the right bankruptcy chapter?
An attorney evaluates your financial situation, explains the benefits of each chapter, and ensures you meet eligibility requirements.

What Are Chapter 7 Income Limits in Michigan?

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Determining whether you qualify for Chapter 7 bankruptcy depends largely on your income. You might be asking: What are the Chapter 7 income limits in Michigan?

The income limits for Chapter 7 bankruptcy in Michigan are based on the state’s median income. As of the most recent figures, the income limits are:

  • $53,815 for a one-person household
  • $67,015 for a two-person household
  • $80,465 for a three-person household

If your income is below these thresholds, you may qualify for Chapter 7. If your income exceeds these limits, you may still be eligible by passing the Means Test, which accounts for necessary expenses.

To qualify for Chapter 7 bankruptcy in Michigan, you must pass the means test, which compares your income to the state median. If your income is too high, you may need to file Chapter 13 instead. Other factors include debt type and previous bankruptcy filings. Consult a bankruptcy attorney for eligibility.

With decades of experience helping Michigan residents through bankruptcy, I’ve guided countless individuals in determining eligibility and securing financial relief. Let’s take a deeper look at the Chapter 7 income requirements and how they may apply to your situation.

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FAQs About Chapter 7 Income Limits in Michigan

What happens if my income exceeds the Chapter 7 income limits?
If your income exceeds the limits, you must pass the means test to qualify. Alternatively, you may consider filing for Chapter 13 bankruptcy.
How often are the Chapter 7 income limits updated?
Chapter 7 income limits are updated annually by the U.S. Trustee Program to reflect changes in median income levels.
Is all income included in the Chapter 7 means test?
Most income is included, but Social Security benefits and certain other types of income may be excluded.
Can I qualify for Chapter 7 with high medical expenses?
Yes. High medical expenses or other special circumstances can be factored into the means test to help you qualify.
Does Michigan use federal or state income limits for Chapter 7 bankruptcy?
Michigan uses federal income limits based on the state’s median income levels to determine Chapter 7 eligibility.
Can I still file for bankruptcy if I fail the means test?
Yes. If you fail the means test, you may qualify for Chapter 13 bankruptcy, which offers a structured repayment plan.
How can an attorney help me pass the means test?
An attorney can help by identifying allowable deductions, organizing your financial records, and advocating for exceptions, increasing your chances of qualifying for Chapter 7 bankruptcy.

How Much Does Chapter 7 Bankruptcy Cost in Michigan?

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If you’re considering filing for Chapter 7 bankruptcy in Michigan, you might wonder, “How much will it cost?” Here’s the answer.

In Michigan, the cost of filing Chapter 7 bankruptcy includes a $338 court filing fee, attorney fees typically ranging from $1,000 to $3,500 depending on case complexity, and credit counseling fees of around $50. Fee waivers or payment plans may be available for those who qualify.

Understanding the costs associated with Chapter 7 bankruptcy can help you plan for the process and avoid surprises. With decades of experience helping Michigan residents with bankruptcy cases, I’m here to provide clear guidance and personalized support. In this article, I’ll break down each expense and share ways you can manage these costs effectively.

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FAQs About Chapter 7 Bankruptcy Costs in Michigan

Are the court filing fees refundable?
No, court filing fees are non-refundable once submitted.
Can I file for Chapter 7 bankruptcy without an attorney?
Yes, but hiring an experienced attorney is highly recommended to navigate the complex process.
How do I know if I qualify for a fee waiver?
If your household income is less than 150% of the federal poverty guidelines, you may request a fee waiver.
Are there hidden costs in Chapter 7 bankruptcy?
Hidden costs are rare, but always request a detailed estimate from your attorney to avoid surprises
How can I reduce the cost of filing for bankruptcy?
Consider working with a nonprofit credit counseling agency or seeking pro bono legal services.
Do I have to pay upfront for credit counseling and debtor education?
Yes, but many agencies allow you to pay reduced fees or offer payment plans.
Is there financial assistance available for filing bankruptcy?
Yes, legal aid organizations and some nonprofits provide financial assistance or free services for qualifying individuals.

Can I Keep My Retirement Savings If I File for Bankruptcy in California?

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For those considering bankruptcy, protecting retirement savings is a top concern. You might be asking: Can you keep your retirement account if you file bankruptcy in California?

Yes, you can typically keep your retirement accounts when filing for bankruptcy in California. State and federal laws provide exemptions for most retirement accounts, including 401(k)s, IRAs, and public employee pensions, ensuring they are protected from creditors.

With decades of experience guiding Californians through bankruptcy, I’ve helped many safeguard their retirement savings during financial hardships. Let’s explore how these exemptions work and what steps you can take to secure your future.

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FAQs About Retirement Savings and Bankruptcy

How does the Means Test affect eligibility?
The Means Test determines whether you qualify for Chapter 7 bankruptcy by comparing your income to the state median. If your income is above the threshold, you must pass additional calculations to demonstrate limited disposable income. Those who don’t qualify for Chapter 7 can explore Chapter 13 as an alternative.
What happens to pensions in bankruptcy?
Pensions are generally protected under federal and state exemptions, particularly if they are ERISA-qualified. However, pensions not covered by ERISA could be subject to creditor claims in a bankruptcy case. Consulting an attorney ensures your specific pension is safeguarded.
Are retirement accounts protected in bankruptcy?
Yes, most accounts, such as 401(k)s and IRAs, are protected under ERISA or state exemptions.
What happens if I withdraw retirement funds before filing?
Withdrawn funds become part of your personal assets and may be subject to creditors.
Can I choose between federal and California exemptions?
No, California requires you to use state-specific exemptions.
How can I rebuild credit after bankruptcy?
Paying bills on time, maintaining a secured credit card, and staying current on your mortgage can help.

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