Claimin Bankruptcy in Michigan: The Process
Claiming Bankruptcy in Michigan begins with Article I, Section 8, of the United States Constitution which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases including claiming Bankruptcy in Michigan.
The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the "Bankruptcy Rules") and local rules of each bankruptcy court including the Michigan Bankruptcy Court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.
A debtor's involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor after filing Chapter 7 Bankruptcy in Michigan will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting" because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.
A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:
[I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.
Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, my office handles Chapter 7 and Chapter 13 Consumer Bankruptcy cases in Michigan. The cases are traditionally given the names of the chapters that describe them. If you would like a free Michigan Bankruptcy Case Evaluation. Contact my office for a Fresh Start with Bankruptcy.
There are 2 basic types of bankruptcy cases for consumers that are provided for under the Bankruptcy Code, my office handles Chapter 7 and Chapter 13 Consumer Bankruptcy cases in Michigan. The cases are traditionally given the names of the chapters that describe them. If you would like a free Michigan Bankruptcy Case Evaluation. Contact my office for a Fresh Start with Bankruptcy.
Why should you hire a Board Certified Bankruptcy Specialist? For over 15 years, I have been helping Michigan residents through the bankruptcy process. My practice is focused on handling only consumer bankruptcy matters, and only in Michigan. My office has handled over 10,000 bankruptcy cases in Michigan and will apply this experience to your case as well. My office prides itself on fast, detailed, personal service. There are many different aspects to a bankruptcy case. Some of the different aspects are listed on the links below for you to explore. If you have any questions while exploring this site or would like a free Michigan Personal Bankruptcy consultation, contact my office at (313) 962-4656 or toll free 888-777-FILE.
I am thoroughly committed to protecting my clients’ rights and providing them with a shield to stop creditor abuse. Many families and individuals have entrusted their personal bankruptcy cases to me, allowing me to help them address and dismiss the stress that financial problems may cause. As a Board Certified Specialist in consumer bankruptcy from the American Board of Certification, I pride myself on the high level of expertise I possess. This expertise always results in savings that vastly outweigh the amount of money spent on legal fees and in a bankruptcy case.
Contact me, Detroit bankruptcy lawyer Walter Metzen today to schedule your free initial consultation. Declaring Bankruptcy in Michigan can be a difficult process and you need the help of a Michigan Bankruptcy Attorney Board Certified. I also offer clients flexible appointment times and same day appointments if necessary. Walter Metzen is a Board Certified Michigan Bankruptcy Lawyer Get in touch with me today to learn how filing bankruptcy may be beneficial for you and your family. Why should you hire a Board Certified Bankruptcy Specialist? Click Here