Michigan Bankruptcy
Guide to Law & Courts
  How to file Chapter 7 or Chapter 13 with a Michigan bankruptcy lawyer.

Michigan Bankruptcy Schedules:

In all Michigan bankruptcy cases under Chapters 7 and 13, debtors must provide the court with required disclosures including all assets, liabilities, and creditors. In addition, many other financial disclosures are required. The compiled set of disclosures comprise multiple schedules of items according to classifications used by the court. Stated similarly, schedules are lists of items requested by the court in a format required by law. All Michigan bankruptcy courts require conformity with the Federal Rules of Bk. Procedure which incorporate local rules in all Michigan bankruptcy proceedings.

11 U.S.C. §110(h): (1) Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to the debtor. (2) The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).(3) The debtor, the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2).(4) A bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order to turn over funds within 30 days of service of such order."

NOTICE OF AMENDED FORMS AND AUTOMATIC ADJUSTMENTS TO DOLLAR AMOUNTS: On April 1, 2004, automatic adjustments to the dollar amounts stated in various provisions of the Code will become effective in Michigan Bankruptcy Courts. The new dollar amounts will apply to cases filed after the effective date. These amended dollar amounts will affect the eligibility of a debtor to file under Chapter 13 of the Code, certain maximum values of property that a debtor may claim as exempt, the maximum amount of certain claims entitled to priority, the minimum aggregate value of claims needed to commence an involuntary petition, and the value of luxury foods and services deemed to be nondischargeable. The Michigan Bankruptcy Courts will adopt new forms to incorporate these changes beginning April 1, 2004.

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