Posts Tagged ‘bankruptcy’

Financial Law Group- Bouncing Back From Bad Credit

Hi, I’m Mike Greiner. I’m a bankruptcy attorney with The Financial Law Group located in Warren, Michigan. Our website is financiallawgroup.com and our phone is 586-693-2000. I’m here to talk to you today about repairing your credit after bankruptcy. One of the biggest surprises most of my clients have is how fast their credit bounces back after they’ve filed bankruptcy. I just had one client actually tell me, right now, who’d only been out of his bankruptcy a few months, that he had a 726 credit score. And that’s somebody who really had fallen behind on a number of his debts for a period of time, and so had a credit score down to the low 500s at one point.  It just shows how quickly things can bounce back. I had another client come in the other day and tell me that he was in the high 600s and had just financed a Ford Escape with 1.9% interest rate. It just shows how quickly your credit score can bounce back after bankruptcy.

Really this is a situation where the reports of your death are greatly exaggerated. People think that by filing bankruptcy you’re going to ruin your credit forever and that’s really not the case. The case is that bankruptcy does hit your credit at a certain point. But you start to recover relatively quickly. Most of my clients within a year they find their credit score’s bounced back to where they’re really in a very good situation like the high 600s low 700s, which is consider good credit by any stretch of the imagination. The irony is if you have good credit when you go into bankruptcy actually your credit score tends to bounce back faster. Because really what hurts your credit score the most would be the missed payments that you make over time, whether it be on a mortgage or on a credit card or any other bill that you’re paying. Missing those payments over time every month hits your credit just a little bit more and a little bit more, a little bit more and knocks it down much faster than even the one time hit of a bankruptcy. So in some respects it almost makes sense just file bankruptcy, get the pain over with and start rebuilding your credit from thereon out.

If you want to come to my office and find out more about filing bankruptcy, you can reach us at 586-693-2000. I offer free consultations and I’d be happy to meet with you personally.

The Means Test for Bankruptcy- Warren Attorney, Mike Greiner


Hi. I’m Mike Greiner. I’m an attorney with the Financial Law Group here located in Warren and we specialize in bankruptcy law here at the financial law group. Our phone number is 586-693-2000. Our website is financiallawgroup.com. And I’m here to talk to you today about the means test for bankruptcy.  A lot of people are concerned that since the change in the law a few years ago, that they might not be eligible for chapter 7 bankruptcy anymore. And what I’ve found is that most people that come into my office who are concerned about that, are actually eligible for chapter 7 bankruptcy. In fact, right before the law changed there was a big rush by people to file bankruptcy thinking that they wouldn’t be able to file bankruptcy after the law changed and really, for most of those people, they could have easily filed Chapter 7 bankruptcy.

The requirements for income for your household size are actually quite high and most people who would be eligible for chapter 7 bankruptcy because of the fact that they have a lot of debt would still be eligible for chapter 7 bankruptcy under the, under thee change in the law. The big change in the law was the means test. The means test only applies if most of your debts are related to your consumer affairs as opposed to business affairs. So if you’re a business person and you’ve accumulated a lot of debt related to your business affairs then to start with, the means test doesn’t even apply to you so you don’t even have to worry about it from that point.

Then what happens is the means test looks at the average household income for you.  Your household is the total size of all the dependents that you’ve got living with you. Just because someone’s not a dependent for tax purposes doesn’t mean they’re not a dependent for bankruptcy purposes. So, say you’ve got a son or daughter who’s 25 years old, living with you. That person might not be someone you can claim on your taxes as a dependent, but may still for all practical purposes be a dependent of yours. And so, as a result, the courts have ruled that they could be dependent for bankruptcy purposes. So that also helps expand the size of your household.

Similar situation could be an elderly relative who’s living with you may only receive Social Security. Then what you do is you take a look at all the household sources of income and add them together for the last 6 months and divide that by 6. You come up with an average monthly income over the last 6 months and then that amount gets compared to the average household income for a family the size of your household in Michigan. And you should know in terms of income certain types of income are excluded from this. For example Social Security income, anything related to the Social Security Act and that includes for example unemployment compensation. Those are not considered income for the purposes of the means test. So again that could be something else that makes you eligible for the means test where you might not have thought you were eligible for it. Then if your higher than the average household income for family or size in Michigan, then you continue on. You can take certain deductions, to see if those deductions make it so your eligible. So say for example, if you have high child care costs. If you have to pay child support or alimony. If you have a higher mortgage payment, often times that can make it so you’re eligible for chapter 7 bankruptcy, where you might have been in the past. Also, you can take deductions for charitable contributions you make. If you make regular charitable contributions, to church. Say for example, a lot of my clients have tithed. And for them, that would be the type of thing that would be a deduction that you can take on the Means test.

I’ve also had clients who have union dues, or large deductions for insurance- health insurance, for example, or even disability insurance. Those would be deductions you can take. Life insurance, term life insurance would be a deduction you can take. So, you can see there are a lot of deductions that you can take that might be able to make you eligible for Chapter 7 bankruptcy, where you might not have been eligible for Chapter 7 bankruptcy in the first place.

My suggestion is come into my office. Give us a call 586-693-2000. I’ll be happy to sit down with you and look at all your sources of income. And talk with you about your situation and see if you are eligible for Chapter 7 bankruptcy. But don’t just assume. Because of the fact that if you look at the kind of income you have coming into your household that’s more than you thought would make you eligible for chapter 7 bankruptcy, don’t assume that your automatically ineligible, cause there could be ways working through the means test, that you would become eligible and certainly worth taking the time to look at.

Attorney Mike Greiner Warns About Borrowing Money From A Family Member


Hi, my name is Mike Greiner and I’m a bankruptcy attorney with the Financial Law Group located here in Warren, Michigan. Our phone number is 586-693-2000 and our website is financiallawgroup.com and I’m here to today to make a warning to you if you are struggling with debt, and you are thinking about borrowing money from a family member, and you want to pay back that family member.  My warning to you is, do not do it.  What I’ve seen, and this is the law, is that people prefer to pay back their family members, than to pay back certain credit cards that they may owe. And that is called a preference, for obvious reasons. If you pay back a relative, rather than paying back your other creditors, and then file bankruptcy, then the creditors- as you go through your bankruptcy, will be able to sue you, or sue your relative, to get back the money that you paid to them within the year before you file bankruptcy. So my advice to people is, if you are thinking about borrowing money from a relative to help yourself out of some financial trouble, do not do it. If you’re thinking about paying back a relative to where you owe money to them before you file bankruptcy do not do it. That’s the worst thing you can do.

There are things that we can do to protect assets that you may have as your going through bankruptcy, but if you have already paid back on these, there’s nothing we can do to help you at that point. Your relative might be subject of a lawsuit by the creditors as your, as your going through this process. If you want to discus your options and your dealing with financial problems um, we do have free consultations at my office my phone number if 586-693-2000, and our website is financiallawgroup.com.

Domestic Support Obligations and Bankruptcy- Attorney Mike Greiner


Hi my name’s Mike Greiner, I’m a bankruptcy attorney with the Financial Law Group located in Warren, Michigan and I’m here to talk to you today about domestic support obligations and bankruptcy.
Domestic support obligations are non dis-chargeable in bankruptcy, so don’t even ask about it. One of the bigger concerns that I’ve seen though is where the other spouse or the ex spouse comes in and is concerned about the facts that child support that’s owed for example, it would be discharged when someone files a bankruptcy. That type of debt is non dis-chargeable in bankruptcy and there’s nothing that the ex-spouse can do to get rid of that.

You as the ex-spouse who is owed this money, you do not need to do anything to make sure that that debt gets protected  as your former spouse is going through their bankruptcy. That type of debt is non dis-chargeable under any circumstances. It does not require any kind of law suit or any kind of action on your part to make sure that it does, that it does stay non dis-chargeable. There are certain kinds of debts that are created that through  bankruptcy that might require something action on your part to make sure that they stay non-discharged- for example: I have 1 client who as part of the divorce decree.  The spouse who filed for bankruptcy was going to be responsible for certain tax debts. My client was concerned by the fact that she was being chased by the IRS, so she ended up paying the tax debt and then ended up suing this other person, the ex-spouse who is filing bankruptcy to try to collect on that tax step-down that she paid.

The attorney for the spouse who filed bankruptcy believed that, that debt would be discharged in the bankruptcy. I do not believe it is, but either way when there is a circumstance like that, what I would suggest is that we actually take steps to make sure that the court order gets entered stating clearly that the debt is not discharged to the bankruptcy case. There is a time limit during which that needs to be done and it’s typically within two months after the first meeting of creditors or sometimes in some cases, even a month after the first medium creditors. So there’s a very limited of time during which you have to take steps. If you’re concerned about the destructability of certain kinds of domestic support obligations, feel free to give me a call. I offer free consultations at my office. We’re located here in Warren at 12 and Hoover. My phone number is 586-693-2000 and my website is financiallawgroup.com.

Rebuilding Credit After Bankruptcy- Mike Greiner


Hi. My name is Mike Greiner and I’m a bankruptcy attorney for a financial law group located here in Warren, Michigan. Our phone number is 586-693-2000 and our website is financiallawgroup.com. And I’m here to talk to you today about rebuilding your credit after you file bankruptcy. The concern a lot of my clients have is how long it’s going to take them to rebuild their credit after they file bankruptcy and that’s a valid concern. In many cases if you have very good credit your credit will be hurt by filing bankruptcy. But the good news is, your credit bounces very, very quickly back from the bankruptcy.

I’ve seen a lot of clients within a year or two of filing bankruptcy have their credit bounce back to levels that were higher than they even had before they filed, and that’s a really big surprise to my clients. Many of my clients ask me how long it’s going to take for them to be able to get a car loan. The truth is that, a car loan,you’ll typically be able to get very quickly after filing bankruptcy. Whether you file chapter 13 or chapter 7 bankruptcy. There are a number of dealerships that we’ve had a good experience with in terms of actually financing people as they’re going through bankruptcy.

One example is Avis Ford which is located in Southfield. And they’ve done a good job in terms of financing people. There are a number of other ones and we can suggest that to any of our clients as they’re going through this process. The one cautionary note that I would provide, is that if your in a chapter 13 bankruptcy, you actually need to get permission from the bankruptcy court before you can finance a vehicle as you’re going through that process. But that’s the type of thing that we can help you with, and certainly dealerships like Avis Ford for example have a good track record of knowing what to do in getting us the information that we need in way of going to the court to request permission for you to go ahead and finance a vehicle as you’re going through the process. People often ask me how long it’s gonna take for them to get a mortgage after filling bankruptcy. The old rule used to be about 2 years.

The problem is right now even if you have very good credit and you have a lot of equity in your home, the banks just aren’t lending. So we’re kind of in uncharted territory right now. I can tell you though that a lot of my clients have had good success working on alternate financing arrangements, doing things like land contracts or lease to own arrangements. A number of those arrangements that worked out very well for people even very soon after filing bankruptcy and especially in this day and age where homes just aren’t selling if you’re waiting for mortgages, there are more opportunities out there for alternate financing arrangements where people are looking for them. So that’s what I usually suggest to people.

With respect to credit cards- it’s amazing how quickly you’ll get in the mail, credit card offers. At the beginning, they will not be very good interest rates. They will typically have certain fees associated with them. And they will typically not be a very large balance is available to you. But you don’t care, because what you’re trying to do is rebuild your credit, and the way to do that is just charge a little bit each month. Pay it off on time each month and as you do that, every month you do that with two or three credit cards, especially, your credit score will get better. If for some reason you do not get credit card offers in the mail very quickly which is unusual, but it does happen, if that does happen you can look at gas stations as good opportunities to get a credit card because many of them are in the business of selling gas as opposed to the business of providing credit. I’ve seen that Marathon’s a good example for that.

Another example that I’ve has worked well is what are called secured credit cards. Secured credit cards and if you google secured credit cards you’ll see a bunch of them pop up, the secured credit card is a credit card where you give them like three hundred dollars and they’ll let you charge up to three hundred dollars. It’s not a pre-paid credit card, like you get from 7-11. It’s not a debit card like what you get from your bank. It’s a real credit card, it’s just that they hold onto the money in case you don’t pay and again, the strategy with those should be just charge a little bit each month and paid off on time each month, so you do that your credit score is going to get better. Those work very well in terms of rebuilding your credit.

I can recommend one more website to help rebuild your credit it’s a website called Credit Karma, creditkarma.com. It’s a website that I use actually personally because I find it very helpful.  There are a lot of ads out there for getting your credit report and your credit score for free, and most of those web sites are actually not free despite all the singing and the dancing that they have on them. There’s charges for you to be able to do those things and I don’t recommend them. What I do recommend though is, again, is creditkarma.com because that is free. But the way that creditkarma.com works is that they actually make their money off of advertising.  Where what they will do is look at your credit score and look at your credit history, and then suggest certain products that might work well for you based upon that. They may include secured credit cards, they may include unsecured credit cards, and they’ll give you the best deals that really are out there. You don’t mind about the advertising because what your goal is is to find possibly some credit cards that will work under your circumstances, and if you’re interested in that, creditkarma.com is a great place to go for some suggestions in that regard.

I think that in most cases, most of my clients are very surprised at how fast their credit score bounces back.  I think that that really shouldn’t be a concern for people as they are thinking about going through bankruptcy. The truth of the matter is if you have to go through bankruptcy, you have to do it, you don’t have a lot of choices. It’s the best way to get rid of your debt.  Let you live a life where you’re able to take care of your family, and take care of yourself, and not find yourself overburdened in debt. And if that’s the concern, don’t worry about the credit will bounce back. If you want to discuss your bankruptcy options, or rebuilding your credit after bankruptcy as well.  Please feel free to give my office a call. I offer free consultations. My phone number is 586-693-2000, and my website is financiallawgroup.com.