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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19647
Experience:  B.A.; M.B.A.; J.D.
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After forclosure how likely is it for the mortgage company

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After forclosure how likely is it for the mortgage company to come back after you for the deliquency, here in michigan? And if they do come back after you can you file for banckruptcy? Thank you!

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: After forclosure how likely is it for the mortgage company to come back after you for the deliquency, here in michigan?

 

Response 1: Not very likely.

 

And if they do come back after you can you file for banckruptcy

 

Response 2: Yes, you can if you are eligible. You may be eligible to file for chapter 7 bankruptcy protection, if you meet the means test--the income test. If your income is equal to or less than the current income guidelines for your household size in your state, you would be eligible to file for a Chapter 7 bankruptcy all things being equal. In Chapter 7, if the Court grants you a discharge your debts will be wiped out. You would get a clean state, a fresh start.

 

 

These are the current income guidelines for the State of Michigan:

Household of one person $442,562.00
Household of two persons $50,738.00
Household of three persons $60,161.00
Household of four persons $71,758.00
Add $7,500.00 for additional individual

 

 

The filling fee is $299.00. You may able to waive this filing fee if your income is 150% below the current poverty guidelines. Click here for current poverty guidelines:

 

http://www.uscourts.gov/bankruptcycourts/resources.html

 

 

You must receive budget and credit counseling from an approved credit counseling agency and receive a Certificate of Credit Counselling that would be filed with your petition. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.

 

It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm

 

 

After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

 

You may also be able to waive the credit counseling fees based on your income. The credit counseling agency that you would choose would make this determination.

 

Consult a local bankruptcy attorney for further explanations of your rights and responsibilities.

 

The sites below are good resources for finding bankruptcy attorneys in your area:

 

http://www.nacba.org/

 

http://www.naca.net/

 

http://www.justia.com/

 

http://www.lawyers.com/

 

http://www.avvo.com/

 

If you cannot afford an attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. Click on the links below for some of the bankruptcy petition preparers. You can do some searches on Google or Yahoo if you do not like the ones on the links below.

http://bridgeportbankruptcy.com/bridgeport/index.asp


http://usabankruptcyassociates.com/usabk/moreinfo.asp#wedo

 

 

Phillips Esq. and other Bankruptcy Law Specialists are ready to help you