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Frequently Asked Questions

Michigan Bankruptcy Lawyer in Sterling Heights

Considering filing for bankruptcy? Below you will find some frequently asked questions about the bankruptcy process.

Will I be able to obtain credit after bankruptcy?

Yes, you will be able to rebuild your credit over time. There are many steps that you can take to improve your credit score that a Michigan bankruptcy attorney can explain.

Can I file for bankruptcy more than once?

Yes, under certain circumstances. If you are filing a Chapter 7, you will have to wait 8 years before you can file again. Chapter 13 rules are different, allowing you to file for bankruptcy more frequently.

Will I have to file a joint bankruptcy petition if I am married?

No, you have the option of filing as an individual or as a couple.

Will I still get calls from creditors after I file my petition?

Once your bankruptcy petition has been submitted, the court will issue an automatic stay which will stop all creditor collection activities, including phone calls, letters, and emails.

Can I eliminate my tax debt through bankruptcy?

You may be able to discharge tax obligations more than 3 years old depending on the situation.

Will all of my assets get sold in a Chapter 7 bankruptcy?

Only non-exempt assets will be liquidated in a Chapter 7 bankruptcy. There are both state and federal guidelines that cover what type of property must get sold.

How will I know if I qualify for bankruptcy?

Your eligibility for Chapter 7 bankruptcy is determined by the means test. If you do not meet the criteria for Chapter 7, you will be able to file for bankruptcy under Chapter 13.

I'm several months past due on my house payment, and I've received notice that my mortgage company has started foreclosure proceedings. Is it too late to save my house?

No. Chapter 13 can allow you to stop the foreclosure process and permit you to propose a plan to pay the amount that you're past due back to the mortgage company over time.

My paycheck is presently being garnished due to a collection lawsuit. Can bankruptcy stop this?

Absolutely. The "automatic stay" of proceedings afforded by the bankruptcy code can immediately stop a garnishment. In many cases, bankruptcy can force a judgment creditor to return garnished wages to you!

Can I get rid of my student loans by filing bankruptcy?

No. Except in the rarest of circumstances.

I'm considering filing a Chapter 7, but I have one particular loan that my mother co-signed on. What happens in this situation and can I protect her?

When there are two parties who are obligated on the same debt, generally the debt is discharged as to the party filing bankruptcy but not as to the party who didn't file. In order to protect mom from collection action, a reaffirmation agreement may be entered into with this particular creditor. Such an agreement re-establishes your obligation on this debt - and so long as you keep up your payments, no action will be taken against mom.

Do I need an attorney to help me file for bankruptcy?

Technically no. However, technically you don't need a surgeon to perform an appendectomy either. Bankruptcy is a complicated area of the law. To say it is a good idea to hire a professional to assist you would be an understatement.

My co-worker filed Chapter 7 and received a discharge of all of his debts. Can I do the same thing?

Every case is different. Each case depends on the financial circumstances of the individual or married couple. Call for a free consultation to determine exactly what your options are.

My mortgage interest rate adjusted, so now I can't afford my house payment and I can't sell it due to the depressed real estate market. Is there a way that I can walk away from my house?

Yes. By invoking your rights under the bankruptcy code you can elect to surrender your home without exposing yourself to personal liability on the note. Also, depending on your situation, you may be able to do a Deed In Lieu of Foreclosure - without even having to file bankruptcy.

Do I need to go to Court if I file bankruptcy?

Yes. In a Chapter 7 proceeding, you will need to appear once (in most situations). In Chapter 13 you may be required to appear on two separate dates. Attorney Hensel will accompany you at all hearings.

Client Testimonials

We couldn't have gotten through this difficult process without Tom.
“We couldn't have gotten through this difficult process without Tom. We evaluated a number of bankruptcy attorneys and found Tom to be the most knowledgeable and compassionate. He takes the time to explain all aspects of the process and answers your questions thoroughly and promptly both in person and via email. He knows the law and ensures that you receive the best treatment possible depending on your particular situation.”

T & J
Mr. Hensel walked me through every step.
“I would highly recommend the Hensel Law Office!! Mr. Hensel walked me through every step, got my garnishments stopped very quickly (even got garnished wages returned to me!) and told me what to expect along the way. He answered all of my questions in a very timely manner- no matter what time I sent an email or gave him a phone call. Also, I felt his price was very reasonable compared to some of the other places that I called. Mr. Hensel answered plenty of questions that I had before I even became a client.”

Carl
Professional, competent, empathetic attorney.
“My husband and I were forced into a position to file for Chapter 7 bankruptcy. We were devastated and mortified that we had to choose that route, but Tom eased our stress about the filing and court hearing process, as he thoroughly explained what Chapter 7 entails, as well as exactly what to expect during and after the filing process; he was accurate on each point that he advised us on. Tom also kept in frequent contact with us and responded quickly to any questions or concerns that we had while we worked with him. Tom's expertise and tact was invaluable for us, and we will absolutely recommend him to any of our friends and relatives that may find themselves in similar positions to ours. Thank you, Tom, for your dedicated help during this process.”

EJO
Tom Hensel is definitely the right attorney to call!
“I was referred to Tom Hensel by a friend. My first impression was not only was Tom professional but he's so kind and caring too. He helped my husband and I through an embarrassing, scary situation and definitely made it more positive one. He guided us through our options and helped us make the right decision for us which ended up being a chapter 7 bankruptcy. Tom was so knowledgeable and helped us throughout the whole process. He never once made us feel uncomfortable or dumb when we had questions. He was also very easy to get a hold of when questions would come up and would always return our calls and emails promptly. I strongly recommend Tom to anyone going through this kind of financial nightmare. Do yourselves a favor and call him right away. He will help you get on the right path again. Our only mistake was waiting so long to call him!! When we in court waiting our turn all the other attorneys referred to their clients as "The debtors" Tom on the other hand acknowledged us by our names. Little things mean a lot and that left a lasting impression with us. Tom Thank You again for all your help!!”

Stacy S.
Sincerest thanks for all of your help in affording me what I consider a real "fresh start."
“I wanted to give you my sincerest thanks for all of your help in affording me what I consider a real "fresh start". My divorce was unfortunate but definitely a needed change for the better. However, the financial side of things still seemed to keep that past linked, which makes this an enormous weight lifted. I just can't believe the impact it's made on my outlook with...everything.I will be sure to keep your business cards handy to distribute along with highly favorable words of recommendation should the needs arise.Thank you again for your time and professional guidance.”

Michelle