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Wayne County Bankruptcy Law Blog

After decades, Supreme Court finally defines bankruptcy concept

Although the basic premise behind personal bankruptcy is relatively easy to comprehend, the legal framework supporting this method of debt relief is anything but simple. Michigan residents who have successfully completed bankruptcy probably know this to be true.

For nearly 150 years, one concept in bankruptcy has remained unclear. The bankruptcy code provides that debts can be discharged unless the filing party demonstrates "fraud or defalcation." The former legal issue is pretty well understood, but "defalcation" has long been a nebulous concept.

Debt collection practices compared to robo-signed foreclosures

At the height of the economic recession, many homeowners in Michigan found themselves facing the possibility of foreclosure. Given the high rate of foreclosures, mortgage lenders tried to find shortcuts to move forward with proceedings. As a result, a number of institutions adopted the error-prone practice of robo-signing. Now, it appears as though similar -- and equally troubling -- processes have spilled into debt collection.

Robo-signing is considered to be the practice of approving important financial documents, relating to foreclosures or debt collection, without actually examining them. Through this process, a number of people in need of debt relief have faced unwarranted scrutiny from lenders.

Michigan coupon company saved by acquisition during Chapter 7

Not long ago, the Michigan-based coupon book manufacturer Entertainment made the deicision to file for Chapter 7 bankruptcy. Through this process, the company would liquidate its assets to pay back creditors before having the remaining debts discharged. Upon filing Chapter 7, the company initially closed its doors, but a recent recent move allowed the company to reopen and remain in business.

The son of the company's founders made the decision to buy the company during the bankruptcy proceedings. By purchasing the company from the investment group that most recently owned it, the man was able to restart operations. In fact, most of the company's former employees are expected to return to work at the Oakland County headquarters.

Experimental car company faces hearings as it mulls bankruptcy

As the cost of oil and other natural resources continues to rise, there has been a growing effort to look for alternative forms of energy and transportation. As such, the federal government has been offering assistance to startup companies looking to be part of the solution. One of those businesses, electric-hybrid car manufacturer Fisker Automotive has run into financial trouble and is considering bankruptcy, a development that may interest many in Detroit's business community.

In 2010, the federal Department of Energy approved a $529 million loan to help the company develop its product. After a portion of the loan was distributed to the company, financial troubles began to set in as the company failed to maintain enough capital to continue research and ramp-up production.

April is a perfect time to explore debt relief options

In addition to the income tax filing deadline, April is national Financial Literacy Month. While many Michigan residents have dealt with financial concerns over the last several weeks, they may also be looking for a way to solve their persistent debt problems.

Personal bankruptcy is often seen as a solution to eliminate debt and get back on the path to financial stability. While this is definitely a viable and sound option for many people struggling with debt, it's still important to understand what filing for bankruptcy means before deciding to file.

In a rare move, court discharges student debt in bankruptcy

Recent college graduates keenly understand how difficult it can be to deal with student loan debt at a time when the job market in Michigan is still recovering. Yet when individuals fall behind on bills and they decide to file for personal bankruptcy, it's unlikely they will be able to discharge their student loans.

In a recent court decision, however, a woman received approval to have $25,000 worth of student loans discharged. By demonstrating that she was "destitute" and had no means to pay back the student loan debt, the court granted an exception to the typical rule. The woman in this case had paid as much as she possibly could over the course of 11 years and could no longer afford to do so in the future.

How will changes to trustee audits affect personal bankruptcy?

When Detroit residents make the decision to file for personal bankruptcy and submit the necessary documents, the U.S. bankruptcy court assigns a trustee to their case. This individual works between the filers and the court to help oversee bankruptcies. Although the trustee helps see the bankruptcy process through, they aren't acting on behalf of the indebted person.

When lawmakers changed bankruptcy laws in 2005, there was concern that people weren't honest about their bankruptcy filings. Whether or not concerns about fraud were valid at the time, Congress installed rules for auditing bankruptcies through the U.S. Trustee Program. Since then, the program itself has run into financial trouble and has been suspended for an indefinite period.

Drained of assets, Michigan brewer seeks Chapter 7 relief

Although the microbrewery phenomenon has really gained tremendous popularity in the last few years, the Michigan Brewing Co. was over a decade ahead of the trend. The company was successful in the past, but its most recent owner has run into financial trouble personally and with his business, which likely began with the brewery's closure last year.

Not long ago, the man made the decision to file for Chapter 7 bankruptcy, which will hopefully allow him to shed nearly $11 million worth of personal debt. Court documents show that the man's obligations -- including over 350 creditors -- significantly outweigh any assets he currently holds.

Bankruptcy sale ushers in the return of Twinkies

When Hostess Brands filed for liquidation bankruptcy, many wondered what the future would hold for a number of iconic products, including Twinkies and Wonder Bread. Michigan snack food enthusiasts may be able to breathe a collective sigh of relief, because a bankruptcy judge recently approved the sale of the Twinkies brand.

According to reports, Hostess sold the rights to Twinkies to two investment firms. A leader from one of the firms has indicated that production could soon enough that the snack cakes might be back in stores this summer. He has also expressed his interest in expanding the brand by creating new flavors.

Recent college grads look for unique debt relief solutions

Anyone who has graduated from college during the last few years knows how tough the job market is. In fact, 13.1 percent of those between ages 18 and 19 are unemployed, which is "significantly higher than the national rate." The numbers for the Detroit area could be even more concerning, considering regional differences in economic improvement.

What's more is that many young people not only emerge from college with difficulty finding a steady job, but also with significant amounts of student loan debt. Without enough income to pay back the loans, it's not hard to see how the desire for debt relief at a young age can develop. Unfortunately, student loans aren't dischargeable in personal bankruptcy, which may make it a less appealing debt relief option.