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

Michigan Reaffirmation Agreements:

In Chapter 7 cases, Michigan bankruptcy courts allow debtors to retain collateral used as security for dischargeable debts. Past due amounts must be brought current. Debtors must agree in writing to continue payments. Court approval is required yet seldom denied. In effect, a reaffirmation agreement excludes a specific secured debt from discharge.

Rule 4008 of the Federal Rules of Bankruptcy Procedure provides "Discharge and Reaffirmation Hearing. Not more than 30 days following the entry of an order granting or denying a discharge, or confirming a plan in a chapter 11 reorganization case concerning an individual debtor and on not less than 10 days notice to the debtor and the trustee, the court may hold a hearing as provided in Sec. 524(d) of the Code. A motion by the debtor for approval of a reaffirmation agreement shall be filed before or at the hearing."

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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