The Layman's Guide to Consumer Bankruptcy Law in Michigan

By Doug Dern

Michigan attorney Doug Dern takes you through the process of consumer bankruptcy. law. The Book explains the difference between a Chapter 7 Bankruptcy and a Chapter 13 Bankruptcy. The book explains the process of consumer bankruptcy in Michigan. Although bankruptcy is governed by federal laws this book zeros in on the Michigan court system.
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• Language: English
• Publisher: Doug Dern
• Release date: Nov 20, 2020
• ISBN: 9781087923987

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The Layman's Guide to Consumer Bankruptcy Law in Michigan

The Layman's Guide to Consumer Bankruptcy Law in Michigan

The Layman's Guide to Consumer Bankruptcy Law in Michigan

Doug Dern, Esq.

Doug Dern, Esq.

Copyright © 2020 by Doug Dern, Esq.

All rights reserved. No part of this book may be reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews.

First Printing, 2020

Disclaimer

This book is not legal advice. It was written by an attorney and intended to be informative and educational. But by reading this book in way are you represented by the author. Any information that you use in this book is at your own risk. The author takes no responsibility for your action as a result of reading this book. If you chose to represent yourself after reading this book you do so at your own risk. The information in this book is based on the author’s understanding of the law at the time it was written. Remember the law changes daily and it is advised that you seek legal counsel before taking any legal actions in any court of law.

Preface

This book is written for anyone who wants a good overview of consumer bankruptcy. If you are considering filing bankruptcy, or if you are researching it, or if you are an attorney that doesn’t practice bankruptcy and you want to give some advice to a client.

Let’s face it law books can be boring. And bankruptcy which is sort of like administrative law is not exception. I wanted to write a book that was fun to read and explains the nuts and bolt of a typical consumer bankruptcy. I think if you read this short little book cover to cover you will fully understand the concepts of consumer bankruptcy. And I have worked really hard to not get boring. There are some bankruptcy code quotes in here that you can read if you want or you can skim to get the point. Other than that the rest of the book is original thought based on almost 20 years of experience working in the field.

My goal is for you to read this book. Have fun and understand consumer bankruptcy. I have sprinkled my contact information throughout the book. I have no problems with you calling me or emailing me. Of course, it is my hope that this book helps a lot of people and sticks around a long time. Hopefully a long time after my demise. If that is the case then my contact information might change.

With that I say enjoy and understand.

Doug Dern

October 1, 2020

Table of Contents

Introduction

Chapter 1. Debt Relief

Chapter 2. Discharge

Chapter 3. Automatic Stay

Chapter 4. Bankruptcy Estate and Exemptions

Chapter 5. The Players of the Bankruptcy System

Chapter 6. The Means Test

Chapter 7. Chapter 7

Chapter 8. Chapter 13

Chapter 9. Common Issues in Bankruptcy

Chapter 10. Life After Bankruptcy

Chapter 11. Ways to Avoid Bankruptcy

Chapter 12. Conclusion.

About the Author.

Introduction

The Layman’s guide to Consumer Bankruptcy in Michigan

Hello, greetings and welcome. I have chosen to write a book about consumer bankruptcy law with the intent of making a complex subject easy for the layman, everyday citizen, non-bankruptcy attorney, or anyone interested in the subject easy to understand. It is my hope that anyone reading this simple book will have a grasp on the topic. In the days of the Internet, almost any topic can be distorted. As a practicing bankruptcy attorney, I have people come into my office and say I heard this or that on Google. Or I hear people say, my friend told me that I cannot do this or I have to do that. I am writing this book to dispel myths. I am intentionally keeping this book short and simple. I want the reader to grasp the basics. Bankruptcy law can get very complicated. But most consumer Chapter 7 cases are very simple.

I will spend a great deal of time discussing Chapter 7 cases. If you understand the inter-working of a chapter 7 you will certainly be able to grasp the Chapter 13 workings. Most of the laws of Chapter 7 apply to a Chapter 13 as well. I will not be discussing Chapter 11, 12, or Chapter 9 as they do not fall under the realm of consumer bankruptcy.

Right out of the gate people want to know what the difference is between a Chapter 7 and a Chapter 13. A Chapter 7 is a liquidation and a Chapter 13 is a reorganization. In other words, a Chapter 13 is the one where you pay some of your debt back. As you will be reorganizing. There are many reasons why a person would do this. For instance, to stop a foreclosure, tax debt, or you can’t qualify for a Chapter 7. I will discuss more about this later on.

Although bankruptcy is Federal law and most of the laws are universal around the United States this book is going to focus in on Michigan. The Federal laws and cases are a lot the same, but there are local court rules, local trustees, and Michigan Statutes that need to be considered.

This book is not met to be a guide that you can do your own bankruptcy. This book is not met to be inclusive of everything there is to know. And this is certainly not a law book. By that I mean I hope no one takes this book into a courtroom and quotes it as persuasive argument. This book is meant to be a simple book to give you an overview to help you understand bankruptcy law.

If you are wondering what my qualifications are, I am a bankruptcy lawyer. I did my first bankruptcy in 2002 in Flint Michigan. And I have been doing bankruptcy cases ever since. As of this writing, according to Pacer I have been involved in over 1500 cases as the attorney of record. This includes Chapter 7,