Voluntary vs Involuntary Bankruptcy

Do you know the difference between voluntary and involuntary bankruptcy? 

Some bankruptcies are filed by creditors who gang up on the debtor when payments to those creditors are substantially delinquent. This is referred to as an “involuntary petition.” On the other hand, when the debtor files a petition for bankruptcy, that’s considered “voluntary.” Involuntary bankruptcy can occur under Chapters 7 and 11, but not under Chapter 13.

Learn more in our latest article.

Creditors Can Trust Michigan Collection Services

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To make use of our Michigan collection services, call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Bankruptcy: Chapters 7, 11, and 13

Are you familiar with the three most common types of bankruptcy?

The most common “chapters” (or types) in bankruptcy are Chapters 7, 11, and 13. A simple explanation of each chapter follows:

Chapter 7, straight liquidation: In a chapter 7 bankruptcy, the debtor’s assets are divided into two categories:

• Exempt: A debtor’s exempt assets are protected in whole or in part from being taken to pay creditors. For example, exemptions protect formal retirement accounts, Social Security benefits, home equity, and some personal property. The rules of exemption are a bit tricky – exemption can be capped at different levels based on state law, and eligibility for an exemption may also depend on how long the debtor has owned the asset.
• Nonexempt: The debtor’s nonexempt assets are sold, or liquidated, and the cash proceeds are given to the bankruptcy trustee for distribution to creditors (the trustee being an individual appointed by the court to oversee that process).

Chapter 11, business reorganization: Sometimes a business that’s in financial trouble will want to try to stay in business, rather than go through liquidation under Chapter 7. The bankruptcy court allows the company to stay in business and to remain in possession and control of its assets, while implementing a plan to repay creditors based on the debtor’s assets and income.

Chapter 13, wage earner bankruptcy: This form of bankruptcy is similar to a Chapter 11 reorganization, but is limited to wage earners or nonbusiness entities. An ordinary individual or married couple with regular income, whose unsecured debt isn’t outrageous, can file Chapter 13 and enter into a repayment plan very similar to the plan described for Chapter 11. 

Read more in our latest article. 

Creditors Can Trust Michigan Collection Services

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To make use of our Michigan collection services, call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

What is a Receivership?

Is your debtor claiming that their assets are under a receivership?

Although less common than bankruptcy, you may encounter situations where your debtor’s assets are under receivership. A receivership is set up to protect a debtor’s assets for a specific purpose, such as during the course of a foreclosure. The creditor may ask the court to appoint a receiver to protect its interest in the debtor’s assets (for example, in a foreclosure, the assets would include the land, buildings, fixtures, etc.) until the action is resolved.

In appointing a receiver, the court accepts the creditor’s argument that the debtor can’t be trusted to preserve and maintain the value of its assets until the legal proceedings are over. The court then appoints an independent person, the “receiver,” to receive the debtor’s assets on behalf of the court and to exercise possession and control of the assets until the court ends the receivership.

Learn more in our latest article.

Struggling to Collect Debt in Michigan?

Are you struggling with an uncommunicative debtor?

Take the burden off your shoulders and give it to our Michigan debt collection experts. Muller attorneys can help you from start to finish! To get started or ask questions, call (248) 645-2440 or submit a contact form.

Where to Find Bankruptcy Records

It’s your right to follow your debtor’s bankruptcy case. Do you know where to look for info? 

Set up an account with the federal bankruptcy court through the U.S. Bankruptcy Court’s website: www.uscourts.gov. Click “Electronic access to courts,” and follow the instructions to set up a PACER (Public Access to Court Electronic Records) account. Access to court records through PACER is simple, fast, and cheap, and allows you to easily determine if a bankruptcy was filed and its current status. In less than five minutes, you can log in and learn about any bankruptcy filing. Use the notice from the bankruptcy court, or ask your debtor what name was used for the bankruptcy and what case number it was assigned. PACER will give you the rest.

Similarly, bankruptcies are tracked by internet credit report providers such as Accurint (www.accurint.com) and Autotrack (www.autotrack.com), and may appear in their reports. Although they charge fees, setting up an account with either company will give you access to a great deal of information.

Learn more in our latest article.

Struggling to Collect Debt in Michigan?

Are you struggling with an uncommunicative debtor?

Take the burden off your shoulders and give it to our Michigan debt collection experts. Muller attorneys can help you from start to finish! To get started or ask questions, call (248) 645-2440 or submit a contact form.