AV Preeminent Peer Rated Attorneys
Rudyard Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Rudyard Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Rudyard Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 150 Water, Sault Ste. Marie, MI 49783

  • 402 Ashmun St., Sault Ste. Marie, MI 49783

  • 9911 N. Straits Hwy., Cheboygan, MI 49721

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  • 138 Ridge St., Ste. 202, Sault Ste. Marie, MI 49783

  • 1010 S. Main St., Cheboygan, MI 49721

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Looking for Bankruptcy Lawyers in Rudyard?

Bankruptcy lawyers help individuals and businesses find relief from overwhelming debt. They analyze your financial situation and guide you through processes like Chapter 7 liquidation or Chapter 13 reorganization. Their goal is to stop creditor harassment, protect your assets, and provide a legal path to a fresh financial start.

About our Bankruptcy Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
50 %

4 Client Reviews

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4.5

37 Peer Reviews

Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can a spouse file for bankruptcy without the other party being involved?

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Answered by attorney Jackie Ferguson Graham (Unclaimed Profile)
Bankruptcy lawyer at Ferguson & Ferguson
One spouse can file a bankruptcy without involving the second spouse at all. However if you have lived together in the last six months then all the household income information has to be provided to the Court. In addition if you have joint debts then the non-filing spouses has to be notified of the bankruptcy filing.
One spouse can file a bankruptcy without involving the second spouse at all. However if you have lived together in the last six months then all the household income information has to be provided to the Court. In addition if you have joint debts then the non-filing spouses has to be notified of the bankruptcy filing.
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How long after nonpayment on a loan can they start the garnishment process?

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Answered by attorney Leonard T Schwartz (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Slotnick & Schwartz
There is no time limit. However, they must sue you and get a judgment against you before they can garnish wages.
There is no time limit. However, they must sue you and get a judgment against you before they can garnish wages.

Can I rent my home out while I am in a Chapter 13 bankruptcy?

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Answered by attorney Kathryn Ursula Tokarska (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Kathryn Tokarska
I'm assuming that you are in California, as this is where your question was posted. Answer relates to CA only. You have not YET wiped out the 2nd lien because the lien strip order, read it carefully, states that the second will be removed ONLY upon the successful completion of the chapter 13. If your case ends up in dismissal that second loan is not stripped off. I'm unsure about renting the place. In order to wipe out the 2nd, there are some requirements, one of which is that the property be a primary residence of the debtor. While I assume the property is or was a primary residence at the time you filed your case I haven't seen any case law about what happens if the property is a primary residence upon filing of the case but then later during the pendency of the case becomes a rental. This doesn't mean that there isn't a case out there on point. If there isn't a case it doesn't mean that a creditor might not want to bring such a case to court as a case of first impression. If you were the creditor, subject to a lien strip order that will cause you to lose significant money, and got wind of the fact that the house is no longer a primary residence of the debtor, you might consider seeking some legal recourse like maybe bringing action to court to vacate the order, arguing that the property is no longer a primary residence and under these circumstances a lien strip can no longer be granted. How that would play out, I'm not sure. It is incorrect to say that your house is not included in the bankruptcy. All of your assets are the estate of the bankruptcy and all debts must be disclosed in your bankruptcy case. If you have received a lien strip order, most certainly the debts and the property is listed in the petition. This is a common confusion among petitioners in that they think that just because they get to keep an asset, neither the debt nor the asset is part of the bankruptcy.
I'm assuming that you are in California, as this is where your question was posted. Answer relates to CA only. You have not YET wiped out the 2nd lien because the lien strip order, read it carefully, states that the second will be removed ONLY upon the successful completion of the chapter 13. If your case ends up in dismissal that second loan is not stripped off. I'm unsure about renting the place. In order to wipe out the 2nd, there are some requirements, one of which is that the property be a primary residence of the debtor. While I assume the property is or was a primary residence at the time you filed your case I haven't seen any case law about what happens if the property is a primary residence upon filing of the case but then later during the pendency of the case becomes a rental. This doesn't mean that there isn't a case out there on point. If there isn't a case it doesn't mean that a creditor might not want to bring such a case to court as a case of first impression. If you were the creditor, subject to a lien strip order that will cause you to lose significant money, and got wind of the fact that the house is no longer a primary residence of the debtor, you might consider seeking some legal recourse like maybe bringing action to court to vacate the order, arguing that the property is no longer a primary residence and under these circumstances a lien strip can no longer be granted. How that would play out, I'm not sure. It is incorrect to say that your house is not included in the bankruptcy. All of your assets are the estate of the bankruptcy and all debts must be disclosed in your bankruptcy case. If you have received a lien strip order, most certainly the debts and the property is listed in the petition. This is a common confusion among petitioners in that they think that just because they get to keep an asset, neither the debt nor the asset is part of the bankruptcy.
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