Michigan Small Business Bankruptcy

Information for debtors filing Chapter 7 & Chapter 13 under Michigan Bankruptcy laws
 

Michigan Small Business Bankruptcy:

Small business status is permitted in Michigan bankruptcy cases filed under Chapter 11. By qualifying as a small business, court appearances and approvals may be combined into concurrent hearings, and the court may reduce statutory waiting periods required generally in Chapter 11 cases.

11 U.S.C. §101(51C): 'small business'' means a person engaged in commercial or business activities (but does not include a person whose primary activity is the business of owning or operating real property and activities incidental thereto) whose aggregate noncontingent liquidated secured and unsecured debts as of the date of the petition do not exceed $2,000,000

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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