Bankruptcy Attorney in Royal Oak, Michigan
Financial hardships are inevitable, especially in these challenging times. If you are one of the people who is struggling financially, you may need the services of a Michigan bankruptcy attorney. Fortunately, Michigan’s courts have a great deal of options and helpful debt-relief solutions available to you. Filing Chapter 7 Bankruptcy has always been regarded as a wise decision; it is one of the best ways to start fresh.
Hammerschmidt Stickradt & Associates is a prominent bankruptcy law firm in Michigan that has handled Chapter 13 and Chapter 7 bankruptcy, and stopped abusive creditors. Our substantial expertise of more than 15 years enables us to eliminate your financial problems effectively. If you or someone you know considers filing for Chapter 7 bankruptcy, please visit our website to begin a free consultation.
Why do I need a Bankruptcy Attorney in Michigan?
Obtaining legal assistance from an attorney should also be a concern. Before filing a bankruptcy, you should consider the following great qualities of a bankruptcy lawyer:
- Specialization. Bankruptcy proceedings are difficult to handle. While many attorneys claim to be Bankruptcy experts, only a few consistently are. You don’t want to hire a criminal law expert to tackle your problem with crippling debt. Choose someone who specializes in bankruptcy.
- Experience. Aside from expertise, you, as a client, should consider the bankruptcy lawyer‘s notable years of experience. A lawyer who has been practicing bankruptcy for many years becomes well-versed in bankruptcy laws and complex bankruptcy cases. You are likely to save a lot of time and money if your lawyer is unquestionably an expert.
- Reputable. Without a doubt, a reputable lawyer in the state is helpful. The local attorney and district judges in the court are aware of their competency. As a result, your attorney can make the process smoother than it usually should.
Finding a competent lawyer does not have to be complicated; you just need to look into the attributes that they possess. We at Hammerschmidt Stickradt & Associates are dedicated to assisting you in protecting the things you value and providing for your family a debt relief.
We have established an excellent reputation in Michigan due to our significant experience specializing in bankruptcy and handling different types of debt. With all of our capabilities as bankruptcy experts, we are certain that we can make a difference in your case.
What is Chapter 7 Bankruptcy?
In Michigan, Chapter 7 bankruptcy is one of the most effective legal help for getting rid of unsecured debts. It entails giving up undesired personal property to have a fresh start. Normally, the bankruptcy process takes 4-5 months, but bankruptcy court protection is instantaneous once the case is brought to them. This includes stopping creditor letters and calls, legal measures, and collection pressure, including creditor harassment.
How to file this type of bankruptcy in Michigan?
Before contacting a bankruptcy lawyer, it is vital to understand the process and evaluate the meaningful action that you take. This also allows you to monitor the status of your case. The steps on how to file Chapter 7 Bankruptcy in Michigan are outlined as follows:
- Learn and study Chapters 7 and 13 under the Bankruptcy Code.
- Determine whether or not bankruptcy will eliminate your debt
- Find out if you can still retain your property.
- Check the qualifications and see if you can qualify or not
- Hire an expert bankruptcy lawyer
- Refrain from paying qualifying debts
- Get all the needed financial documents
- Enroll in a credit counseling education
- Accomplish all the file paperwork
- Submit all the necessary financial documents
- Attend the 341 creditor’s meeting
- Turn in the certification obtained from debtor’s education course
- Obtain your debt discharge
Retaining property when filing Bankruptcy case in Michigan
When filing bankruptcy, you are not going to lose everything. In order to protect your property, you must use your bankruptcy exemption provisions to maintain your property.
- Nonexempt and exempt property. Under the bankruptcy law, you can maintain your property by virtue of exemption. In case when the exemption does not cover it, there is a chance that you will lose it in Chapter 7.
- Choose between federal or state exemptions. You can select either the federal exemption list or the state bankruptcy exemptions. Just don’t use them both at the same time. Petitioners who use state exemptions are likewise eligible to use the federal non-bankruptcy exemptions.
- Doubling exemptions. When spouses are filing the petition for bankruptcy jointly, they can double the exemptions. However, not all exemptions will be considered if both of them own property. For example, spouses cannot double the exemption of homestead.
- Retirement accounts can be protected by filers. You can maintain up to $1,362,800 in tax-free retirement accounts, including 401(k)s, 403(b)s, profit-sharing and money-purchase plans, SEP and SIMPLE IRAs, defined benefit plans, and standard and Roth IRAs (as of June 2021). (11 U.S.C. 522(b)(3)
What happens after filing Chapter 7 Bankruptcy?
If you apply for Chapter 7 Bankruptcy, you will enjoy debt relief since creditors will stop collecting money after you file. The Bankruptcy Court will notify the creditor of the “automatic stay,” which stops them from engaging in collection activities. What follows are as follows:
- You will surrender your financial documents to prove the amounts and statements enshrined in your bankruptcy paperwork
- You will attend the 341 meeting of creditors
The following things must happen first before you can get your Chapter 7 bankruptcy discharge.
Schedule A Consultation With A Trusted Bankruptcy Attorney Now!
Financial issues may be extremely frustrating – you may find it difficult to sleep soundly at night. Medical bills, credit cards, and other obligations keep you overthinking and can significantly affect how you live. You might not have known this, but in Michigan, Hammerschmidt Stickradt & Associates has been specializing in Bankruptcy for more than 15 years. If you are looking for an expert bankruptcy attorney, you can save a lot of time and money if you choose us. If you still have queries regarding how to file Chapter 7 Bankruptcy in Michigan, allow us to help you.
Other than assisting you in filing Chapter 7 or Chapter 13 Bankruptcy, we also offer legal help against abusive creditors, automatic stay in Bankruptcy, stop foreclosure, and wage garnishment. If you want to discuss your case, and start your journey with us, start a free consultation today and know your best options!