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

Michigan Bankruptcy Trustee:

In Michigan bankruptcy cases filed under Chapters 7 and 13, a trustee is appointed by the court to review legal compliance for all documents filed by debtors, recommend the disposition of the case, and file a final accounting. Trustees serve the U.S. Department of Justice, though the U.S. Trustee's Office, and are generally local attorneys acting as Assistant US Trustees for Michigan bankruptcy proceedings. Trustees represent the interest of the DOJ & U.S. Trustee.

11 U.S.C. §307: "The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title"

11 U.S.C. §323: "(a) The trustee in a case under this title is the representative of the estate. (b) The trustee in a case under this title has capacity to sue and be sued"

11 U.S.C. §330(a): "(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a professional person employed under section 327 or 1103 - (A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by any such person; and (B) reimbursement for actual, necessary expenses."

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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