Why is Flint Charter Revision Important!

September 7, 2014

Charter Revision is important to you if you wish to change the image of Flint. It is a way to overthrow the culture of nonsense politics in Flint to sever the domination of downtown economic interests for quality of life interests in Flints neighborhoods . In Flint we feel unsafe, unhappy, and without control of our destiny. When in this state citizens have a right and a duty to change their government.

A call to change our local constitution is on the November 2014 Ballot . Vote yes then elect good neighborhood people to the charter commission.


File Flint Chapter Seven Bankruptcy you will not be alone. Call 235-1970

September 23, 2012

HAVING PROBLEMS PAYING YOUR DEBTS? FLINT BANKRUPTCY 235-1970

Because of our poor economy nationally and in Michigan many families have economic problems. Do you? Having problems paying your debts? Is your family threatened with garnishment, foreclosure or repossession? If yes you are not alone. see http://goodmorningflint.blogspot.com/2012/09/having-problems-paying-your-debts-flint.html

We are a debt relief agency helping you as a Flint Bankruptcy Lawyer file and get relief.

Bankruptcy is a way to deal with these problems.

You Did know you have the right under federal law to file for bankruptcy relief from your creditors.

The theory of Bankruptcy is that it is a legal proceeding in which a person can get a fresh financial start. Do you need as fresh start?

Try to pay your bills before filing bankruptcy because you can do so only once every six years. In most cases, you will want to save this valuable option until you really need it. Also, you may not need to file bankruptcy even though creditors are threatening you because you may have no nonexempt property or wages.

This means you have nothing the creditors can take from you. You can’t be put in jail for failing to pay your civil debts (other than fines or other court ordered amounts).

Just like Wall Street got their Fresh start a chapter seven Flint Bankruptcy is your fresh start.
https://dumpmycreditors.wordpress.com/2011/11/15/your-persoanl-wall-street-type-bailout-a-chapter-sebven-bankruptcy-810-235-1970/

Some things bankruptcy can do:

Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts.
Stop foreclosure of your home and allow you to catch up on missed payments.
Stop repossession of a car or other property, or, in some situations, force the creditor to return property even after it has been repossessed.
Stop wage garnishments.
Stop debt collection harassment.
Restore or prevent termination of utility service for nonpayment of previous bills (you will probably have to pay a deposit, but the deposit cannot be more than 1-1/2 to 2 times your previous regular bills according to the Arizona Administrative Code).
Get your drivers license back if it has been suspended because you didn’t pay court-ordered damages for a driving accident (unless you were driving under the influence of drugs or alcohol).
Some things bankruptcy can’t do
Eliminate certain rights of secured creditors. Some examples of secured debts are car loans and home mortgages. You can force secured creditors to take payments over time, but generally, you cannot keep the collateral unless you continue to pay the debt.
Discharge debts that arise after the bankruptcy has been filed.
Discharge certain types of debts, such as child support, alimony (spousal maintenance), certain other debts related to divorce, most student loans, court restitution orders, criminal fines, and most taxes.
Eliminate the obligation of a co-signer on your loan in most cases.

Chapter Seven Bankruptcy is known as a “fresh start” bankruptcy, or “liquidation”. Your debts are discharged (canceled), but you must give up any nonexempt property to the trustee to pay to your creditors. You can keep secured property if you are current on the payments and continue making the payments regularly.

When you file for bankruptcy you will not be alone.
http://occupyflintlegal.wordpress.com/2012/09/11/when-you-file-for-chapter-seven-bankruptcy-you-will-not-be-alone-810-235-1970/

In Chapter 7 bankruptcy, the trustee must take your nonexempt property and use it to pay your creditors.Most debtors in Genesee County because of our loss of residential value keep all of their possessions that are not encumbered by a loan or mortgage.

If you have property, which is non-exempt, you could sell it before filing bankruptcy and use the money to purchase things, which are exempt; such are food, furniture, or clothing. However, you cannot give property away to friends or relatives, and have them give it back to you after the bankruptcy. Any transfers of property without receiving fair value for it within one year before filing bankruptcy are called a fraudulent transfer. The property could be taken by the bankruptcy court and sold to pay some of your debts. If the court finds you have been dishonest in your bankruptcy, you could be denied your discharge. You could also be charged with federal or state crimes, which carry serious fines and jail sentences.

Also, you cannot prefer one creditor over another by making payments on the debt within 90 days before filing bankruptcy (one year if the person paid is an “insider” (family, friend, etc.) If you do so, the bankruptcy court can take that money away from the person you paid. This is to insure that all creditors are treated equally. This does not apply, however, to regular monthly payments such as your car payment, house payment, rent, utilities.


Filing Chapter Seven Bankruptcy? You are not alone

September 11, 2012

FLINT BANKRUPTCY REPORT 235-1970- You are not alone when filing for Bankruptcy. “ Arkansas coach John L. Smith filed a Chapter 7 bankruptcy petition Thursday for debts he incurred through real estate investments in Kentucky.”[1]

Smith told The Associated Press in July he expected to make the filing but also was trying to avoid it.[1]
Chapter Seven Bankruptcy is not just for the traditional poor or just regular folks.

Bankruptcy filing start with submission of schedules that show your debt and assets.

Bankruptcy debt relief can involve millions of dollars. “Documents filed in U.S. Bankruptcy Court in the Western District of Arkansas show Smith has assets of between $1 million and $10 million and debts of between $10 million and $50 million. The filing is preliminary and more details will be added to the record later.”[1]

You may say I want a Chapter Seven Bankruptcy “A Chapter 7 filing is used to liquidate debts, as opposed to chapters 11 and 13 which are used for reorganization”[1]

Bankruptcy gives you a fresh start. “Smith discussed his dismal financial condition during the summer because he didn’t want his situation to become a distraction when the No. 8 Razorbacks started playing games.”[1]

Why are you in Bankruptcy? Here’s Smiths reason. “Smith said in July that he began the land investments when he was coaching Louisville from 1998-2002 and that he and other investors lost money when the real estate market softened.”[1]

The fresh start of Bankruptcy and its fresh start allows you to stay focused on the issues of life. I am sure Arkansa supporters want Smith not to be distracted.

“After Arkansas fired Bobby Petrino in the spring, Smith came on board for a 10-month contract worth $850,000. He left Weber State, where he had accepted the head coaching job.”[1]

Athletic director Jeff Long told the AP that Smith had been candid about his financial situation and he didn’t hold it against him, especially considering the economy.[1]

Arkansas spokesman Derek Satterfield said he didn’t anticipate the program would issue a statement Thursday.
Messages were left seeking comment from Smith’s attorney, Jill Jacoway of Fayetteville.[1]

YOU SHOULD NOT BE EMBARRASSED TO FILE FOR BANKRUPTCY SMITH IS NOT

Smith said in July he didn’t want his financial woes to impact the school.”From a personal standpoint, I don’t want the university being embarrassed, but I’m not embarrassed,” Smith said at the time. “It’s something that’s happened. I made some mistakes, and to be honest with you, I’m a football coach, not a businessman.”[1]

For your Bankruptcy information call 810-235-1970 Terry Bankert for your Genesee County Michigan Bankruptcy.

[1]
standard.net/stories/2012/09/06/arkansas-smith-files-chapter-7-bankruptcy


Judge Makes Debtor give up part of Tax Return

August 31, 2012

Judge Makes Debtor give up part of Tax Return

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION –– FLINT

IN RE: DANNY R. BOWLES, Case No. 11-35340 Chapter 7 Proceeding Hon. Daniel S. Opperman Debtors. _____________________________________/

OPINION REGARDING CHAPTER 7 TRUSTEE’’S MOTION FOR ENTRY OF ORDER REQUIRING TURNOVER ON NON-EXEMPT PROPERTY OF THE ESTATE

Collene K. Corcoran, the appointed Chapter 7 Trustee in this case, has filed a Motion to compel turnover of Debtor Danny R. Bowles’’ non-exempt portion of his 2011 federal tax refund. The amount at issue is $3,909.58, calculated by taking one-half of the total 2011 federal tax refund of $9,819.17, which is $4,909.58, and reducing such by the $1,000.00 exemption claimed by Debtor.

Debtor asserts that the Trustee’’s calculation is incorrect because a 50/50 split as to his entitlement to the tax refund is not appropriate under the unique facts of this case. A hearing was held on the instant Motion on May 30, 2012, and the parties agreed that the facts are undisputed without further need for evidentiary hearing.

Facts

Debtor filed his petition seeking Chapter 7 relief with this Court on November 22, 2011. Debtor’’s spouse did not file for bankruptcy. On Schedule B, Debtor listed a “”2011 YTD Tax Refund”” in the amount of $1,000.00, representing “”Debtor husband portion of the refund.”” On Schedule C, Debtor again listed the value of his portion of the refund at $1,000.00, and exempted $165.00 pursuant to 11 U.S.C. §§ 522(d)(5), which was the remaining amount available to Debtor under this subsection.

It does not appear that the Trustee disputes the $165 exemption, because the Trustee did not file an objection to the amount of exemption taken. In the Motion for Turnover, the Trustee references a $1,000.00 exemption, and references this amount as the exemption taken in the tax refund. However, the Debtor’’s Schedule C clearly limits the exemption taken to the $165 claimed, as that is all Debtor had remaining to utilize under Section 522(d)(5). Accordingly, Debtor is only entitled to $165.00 exemption for the subject tax refund.

The Trustee objects to the Debtor’’s allocation of the tax refund, asserting that the Debtor should be entitled to half of the $9,819.17 federal tax refund, or $4,909.58, when reduced to Debtor’’s one-half portion. This amount is then further reduced by the $165.00 Debtor has claimed as exempt. The total amount at issue is therefore $4,744.58.

Debtor responds that because his non-filing spouse is the main income earner, his portionof the tax refund is actually $288.00, including his deduction for one of the children. Per the Court’’s calculation, deducting the $165.00 claimed exemption, if the Court were to adopt the Debtor’’s argument, would result in a total of $123.00, which Debtor would be required to turnover to the

Trustee.

Jurisdiction

This Court has subject matter jurisdiction over this proceeding under 28 U.S.C. §§§§ 1334(b), 157(a), and 157(b)(1) and E. D. Mich. LR 83.50(a). This is a core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A) (matters concerning the administration of the estate).

Analysis

The Court begins its analysis with the case of Araj v. Kohut (In re Araj), 371 B.R. 240 (E.D. Mich. 2007), in which District Court Judge Battani held that tax refunds were property of the estate and should be prorated on a per diem basis.

1 The Court calculates the amount as follows: federal tax refund $9,819.17 ÷÷ 365 = $26.90 x 326 (total pre-petition days in 2011) = $8,769.40. 3

It is clear to this Court that this tax refund is property of the estate and that Judge Battani’’s formula of determining the amount of the property of the estate should be followed because it is logical and straightforward. The Araj analysis indicates that of the $9,819.17 federal tax refund, $8,769.40 is in issue.1

Courts across the United States have reached different conclusions as to how tax refunds that are property of the estate should be divided between a husband and wife. One approach holds that the tax refund from a joint tax return should be allocated proportionally between the husband and wife in accordance with their respective tax withholdings during the relevant year. See In re Gartman, 372 B.R. 790 (Bankr. D. S.C. 2007). A second approach is to allocate the joint tax refund proportionally in accordance with income produced. See In Levine, 50 B.R. 587 (Bankr. S.D. Fla.1985); In re Verill, 17 B.R. 652 (Bankr. D. Md. 1982); In re Kestner, 9 B.R. 334 (Bankr. E.D. Va. 1981); In re Colbert, 5 B.R. 646 (Bankr. S.D. Ohio 1980). A third approach courts have adhered to is that a joint tax refund should be allocated equally between the husband and wife without regard to tax withholdings or income produced. See In re Innis, 331 B.R. 784 (Bankr. C.D. Ill 2005); In re Barrow, 306 B.R. 28 (Bankr. W.D. N.Y. 2004); In re Aldrich, 250 B.R. 907 (Bankr. W.D. Tenn 2000); Bass v. Hall, 79 B.R. 653, (W.D. Va. 1987). All of these cases, however, are consistent in that state law governs the determination of the property right. Butner v. United States, 440 U.S. 48, 99 S. Ct. 914 (1979).

Here, it is undisputed that Debtors are owed a refund of $9,819.17, and that the refund is joint. Since Michigan law governs, the Court notes that M.C.L. §§ 557.151 states:

All bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband andwife, or made payable to them as endorsees or assignees, or otherwise, shall be held by such husband and wife in joint tenancy unless otherwise therein expressly provided, in the same manner and subject to the same restrictions, consequences and conditions as are incident to the ownership of real estate held jointly by husband and wife under the laws of this state, with full right of ownership by survivorship in case of the death of either.

Accordingly, Michigan law holds that the refunds in this case are jointly held as an “”other evidence[s] of indebtedness””. Moreover, tax refunds and liabilities are often divided equally in the event of divorce or separation.

In this case, the total combined federal and state refund was $9,819.17, of which $8,769.40 is the prorated amount. Each Debtor is apportioned $4,384.70. Debtor claimed $165.00 as exempt. Accordingly the Trustee is entitled to turnover of the remaining $4,219.70. The Trustee is directed to prepare an Order consistent with this Opinion. . Signed on August 28, 2012 /s/ Daniel S. Opperman Daniel S. Opperman United States Bankruptcy Judge


BANKRUPTCY IN FLINT MICHIGAN 235-1970

May 7, 2012

THE BANKRUPTCY PROCESS

I represent good people in economic hardship.We are called a debt relief agency under the law. In reality I am a local Flint attorney that practices bankruptcy. We try to educate you as to the process and your full set of rights in bankruptcy.

BANKRUPTCY FLINT MICHIGAN

Talk to Flint Bankruptcy Attorney Terry Bankert at 810-235-1970. Questions for Bankruptcy Lawyer Terry Bankert can be found at http://www.attorneybankert.com

Within a month of your filing bankruptcy a mandatory attendance at a meeting with a Bankruptcy Trustee is required. This is called a creditors meeting or a 341 Hearing after the Code Section.

The Trustee is an attorney that is not a judge and does not work for one. The trustee works for the U.S.Attorney a Federal Prosecutor.

In Flint the 341 hearing is held in the basement of the Federal Building. The bankruptcy trustee chairs the meeting. The trustee’s job may begin with finding you not eligible for a chapter 7 bankruptcy if your income is too great. The core purpose of the trustee is to have you swear an oath that the information you provided to the Bankruptcy Court is true. You can be federally prosecuted if it is not.

The trustee will question you about the information you provided to the court. You will be asked if all property was listed. How did you determine the value for the property you listed. Inquiry will be made of the net equity you have in personal and real property. Too much value in some property and you will not be able to exempt it from the bankruptcy.

Following is a list of topics the bankruptcy trustee may ask you about:

-inconsistencies that point to your being less than honest.
-your failure to file necessary documents.
-a decision that you must file for Chapter 13 instead of Chapter 7
-what methods did you use to arrive at the value of big ticket items that you are claiming as exempt like a car or house.
– what have done with your most recent tax refund

If the trustee sees items non dischargeable in bankruptcy you will be asked about them. Most people discharge all their debt like credit cards, medical and legal debts. The most common types of debt not dischargeable in bankruptcy are:
-non dischargeable taxes and the debts incurred to pay them.
-court-imposed fines and rstitution
-back child support and alimony
-debts owed to an ex spouse in a divorce or separation
-loans owed to a retirement system such as a 401(k)
-student loans
-federal and state loans that were due less than three years before you filed.
-fines for driving under the influence of alcohol
-personal injury claims resulting from your drunk driving

Some debts not listed above will survive bankruptcy if the creditor seeks an order excluding the debt. These debts most often are: fraudulent transactions, recent credit card charges for luxuries and willful and malicious acts causing personal injury or property damage.

Your creditors seldom show up. If they do they can ask you questions. The purpose of the meeting is for the trustee to ask you questions. Your attorney will say very little at these meetings.


DEBTOR IN BANKRUPTCY MUST HAVE RECENT CREDIT COUNSELING. QUESTIONS? CALL 235-1970

January 25, 2012

When you are involved in the bankruptcy process you are required to have recently completed credit counseling. We you do not follow the rules your case can be dismissed .
On January 20, 2012, Debtor filed a voluntary petition for relief under Chapter 13, and a
“Certificate of Counseling” (Docket # 5), which states that on June 3, 2011, Debtor received “an
individual [or group] briefing that complied with the provisions of 11 U.S.C. §§ 109(h) and
111.”

Debtor is not eligible to be a debtor in this case under 11 U.S.C. § 109(h)(1). That
section provides in relevant part, that
an individual may not be a debtor under this title unless such
individual has, during the 180-day period ending on the date of
filing the petition by such individual, received from an approved
nonprofit budget and credit counseling agency described in section
111(a) an individual or group briefing (including a briefing
conducted by telephone or on the Internet) that outlined the
opportunities for available credit counseling and assisted such
individual in performing a related budget analysis.
Debtor did not receive the required credit counseling briefing during the 180-day period
preceding the date of the filing of her petition. Debtor received the credit counseling briefing 231
days before her petition was filed. Accordingly,
IT IS ORDERED that this case is dismissed.
.
Signed on January 23, 2012,UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 12-41245
SABRINA WADE, pro se, Chapter 13 , Judge Thomas J. Tucker


FLINT BANKRUPTCY LAWYER TERRY BANKERT 810-235-1970

December 28, 2011

Did you know that when a bankruptcy case is filed by or against a spouse while a divorce is pending, exclusive jurisdiction over the property of the debtor spouse (the bankruptcy estate) is automatically transferred to the bankruptcy court. See In re White, 851 F2d 170, 173 (6th Cir 1988).

Posted here by Flint Bankruptcy Attorney Terry Bankert 235-1970. See Http://www.attorneybankert.com

In the law of Bankruptcy all your possessions and debt become what is called an estate. The bankruptcy estate is created when the bankruptcy case is filed (whether filed voluntarily by the debtor or filed involuntarily against the debtor by creditors meeting the requirements of 11 USC 303). The bankruptcy estate consists of all property of the debtor. 11 USC 541 defines property of the estate very broadly; generally, it includes all property of the debtor “wherever located and by whomever held.” See 11 USC 541 discussed in §§17.5–17.6.

Family distress comes in many forms, financial and emotional.When a bankruptcy is filed by (or against) a spouse while a divorce case is pending in state court, the state court’s ability to take action against property of the debtor’s estate is automatically stayed or limited by 11 USC 362. There are some exceptions to the automatic stay pertaining to family law matters, which are found in 11 USC 362(b)(2).

see Michigan Family Law ch 17 (Hon. Marilyn J. Kelly et al eds, ICLE 7th ed 2011), at
http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2011553510&chapter=17
(last updated 12/16/2011).


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