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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 08-23-2005, 07:32 PM
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Join Date: Aug 2005
Posts: 19
Question

question on keeping money


What is the name of your state? Michigan.

I am going for a chapter 7. I have no assets, and all my debts are credit cards or medical bills. From what I have read, they only keep money if they have creditors to pay back. I am in way over my head due to an injury at work. Off 2 months and workers comp still not paying a dime. I am still not back on my feet, but getting there slow but sure. Had to stop paying the CC's just to pay for food and rent. Now my question is, when I declare BK, will they take any of my workers comp, if and when they finally pay me, and also my tax refund? I always have a lot taken out so I get it back to carry me over when I am off 2 months every year. (Not to be confused with the 2 months I was off due to injury, as that was a seperate situation.) This would be I believe what is a non-asset case. Yes I am back to work, finally.

Any help would be appreciated, thanks in advance.
  #2  
Old 08-24-2005, 12:30 AM
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Posts: 33
From a book I read on this, if you have a settlement, or refund, the trustee can take it and put it towards the debts.
  #3  
Old 08-24-2005, 06:18 AM
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Join Date: May 2001
Posts: 6,454
Mi. allows you to choose either state or federal exemptions. Both appear to allow some protection for wc claims.

[url]http://www.thebankruptcysite.com/bankruptcy-exemptions/michigan.php[/url]

This late in the year, it's likely the trustee will claim some part of your tax return as property of your bk estate.
Most bk lawyers give free initial consultations. Talk with a couple and get all of your options explained. Hurry, bk reform takes afect on 10/17.
  #4  
Old 08-24-2005, 03:49 PM
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Join Date: Aug 2005
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Wink

Thanks


Thanks for all your help. Just to clarify, I would only get back wages from the WC, no settlement. I think you have helped me. Thanks.
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