Chapter 13 Bankruptcy in Michigan

The repayment plan that lets you keep your house, your car and your things while you catch up. Handled personally by Jesse Sweeney, board certified in consumer bankruptcy law.

What it is

A court-approved repayment plan, not a liquidation

Stops

Foreclosure, repossession, wage garnishment, frozen bank accounts

Plan length

36 to 60 months, depending on income and affordability

Unsecured debt

Usually repaid at pennies on the dollar, not in full

What you keep

Your house, your car and your possessions

Cost to start

From $0 down if you are W2 employed. Attorney fees are paid through your plan, subject to court approval.

$0

down · Chapter 13 for W2 employed filers. Not including vehicle/repossession cases. Attorney fees are paid through your plan, subject to court approval.

36–60

month plan, set by income

$313

court filing fee

What Chapter 13 actually does

Chapter 13 is a repayment plan approved by the bankruptcy court. Instead of liquidating what you own, you make one monthly payment to a trustee for 36 to 60 months, and the trustee distributes it among your creditors. Secured debts like a mortgage or a car loan are brought current through the plan. Unsecured debts are paid whatever your income can afford.

It is the chapter people use when there is something they need to protect: a house with arrears, a car they cannot lose, a garnishment already taking money out of every cheque. Filing puts the automatic stay in place and replaces whatever is happening now with one fixed, affordable payment.

The best part of Chapter 13? You get to keep your stuff.

Will I lose my house or my car?

In most Chapter 13 cases, no. The plan exists so you can keep secured property while you catch up on what is behind. Mortgage arrears are folded into the plan and paid across its length, and a scheduled sale is stopped as long as you keep the plan payment and the ongoing mortgage payment current.

Cars work the same way. A vehicle facing repossession can be kept and, in some cases, paid for through the plan at a figure the court approves. What is protected in your own case depends on Michigan exemptions and on the numbers, and that is the first thing we work out on the call.

What it stops the day we file

In most cases, the automatic stay takes effect the moment the petition is filed. It stops:

If you have a sheriff’s sale date or an active garnishment, timing matters more than anything else on this page. Call rather than filling in a form.

How long the plan runs

Plans run 36 to 60 months. Which applies depends on your income measured against the Michigan median and on what the plan has to pay for. A plan can be completed early if circumstances change, and it can be adjusted if your income drops during the case.

What you actually pay back

The plan payment is built from what you can afford after reasonable living expenses, not from the total of what you owe. Secured arrears, priority debts such as recent taxes and support obligations, and the trustee fee are paid in full through the plan.

Unsecured creditors — credit cards, medical bills — are not paid back everything you owe. In most cases they are paid pennies on the dollar. Whatever remains unpaid at the end of the plan is discharged.

What it costs to start

For W2 employed filers, Chapter 13 starts from $0 down. Attorney fees are paid through the plan and approved by the court, and the court filing fee can be paid in installments.

You should not have to book a consultation to find out what something costs. That is why the figures are on this page.

Do I qualify?

Chapter 13 requires regular income, debts within the statutory limits, and a plan that pays creditors at least what they would receive in a Chapter 7. Most people who are working and trying to protect a house or a car qualify. We check the means test and your disposable income on the first call, before you commit to anything.

Chapter 13 or Chapter 7?

The two chapters do different jobs. This is the short version.

QuestionChapter 13Chapter 7
What it isA repayment planNot a payment plan
Your propertyYou keep your stuffIn some cases you can lose property
Duration36–60 monthsAbout 4 months
Cost to startFrom $0 down, W2 employedFrom $1,499 down, single filers
Unsecured debtUsually pennies on the dollarMost of it discharged
Mortgage arrearsCaught up through the planNot addressed
On your credit7 years from filing10 years

Find out what your case costs

Your details are private and are never shared. No obligation.

Or call

What actually happens

1

A free call

Tell us what is happening. No forms to fill in first.

2

We look at the real numbers

Income, debts, assets, and what you are trying to protect.

3

We tell you which chapter fits and what it costs

In plain English, before you commit to anything.

4

We file, and collection stops

In most cases, the automatic stay takes effect the moment we file, and garnishments, calls and sale dates stop.

What clients say

Questions people actually ask

You can file Chapter 7 every eight years from the filing date, and you must wait four years after a Chapter 7 to receive a discharge in a Chapter 13.

You attend a 341 meeting of creditors. You typically never appear before a judge.

Your employer is not notified when you file. If a garnishment is in place, the payroll office is told to stop it, and that is usually the only contact.

A Chapter 7 stays on your credit report for 10 years. Most clients start rebuilding straight after the discharge, because the old balances are reported as discharged rather than past due.

Two years of tax returns, two months of proof of income, and a list of your creditors and what you owe them.

Chapter 13 Bankruptcy filings handled from five Michigan offices

We also handle cases statewide by phone and video.