There are any number of reasons that may cause people in Michigan and elsewhere to fall behind on their financial obligations. Those who are struggling with overwhelming debt may consider options such as filing for Chapter 7 bankruptcy in order to regain control of their finances and achieve a fresh start.
According to the U.S. Courts, to be eligible forÂ Chapter 7 protection, peopleâ€™s current monthly incomes must be below the state median, or their petitions must be determined non-abusive under the means test. Additionally, those who file for Chapter 7 cannot have had another filing dismissed within the previous 180 days because they willingly did not appear before or comply with orders by the court, nor can they have voluntarily dismissed their cases after their creditors pursued property held as collateral through the bankruptcy court. Filers must also complete credit counseling with a state-approved agency within 180 days before submitting their petitions.
The court appoints a trustee to administer Chapter 7 cases and to liquidate the non-exempt assets of filers. The proceeds obtained through the sale of this property is then applied toward their outstanding debts.
According to FindLaw, aÂ discharge hearingÂ is held to deal with peopleâ€™s remaining debts. Any unsecured debts, those that are not secured by property, may be discharged by the court. This means that the filer is no longer liable for them and creditors are prohibited from pursuing further collection activity for them. Not all debts are dischargeable, however. After a Chapter 7 case, people are still liable for child support, most tax debts, student loans and debts created through fraud. To resolve their secured debts, filers must pay their creditors the value of the property, return the property or reach a new repayment agreement.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Lâ€™Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witnessâ€™s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.
William Weber, owner of Weber Security Group Inc., was accused by former Macomb County Prosecutor Eric Smith of falsifying an invoice that allegedly confirmed the installation of a security system at Smithâ€™s home. Despite the caseâ€™s complexity, Lucido & Manzella, P.C. successfully defended Mr. Weber against four felonies, which included larceny by conversion, forgery, aiding and abetting, and concealing stolen property.