Bankruptcy Attorney in Alpena, Michigan

Mission Statement

To provide Alpena quality Bankruptcy Attorney assistance as a Bankruptcy Attorney, Bankruptcy Lawyers, Real Estate Attorney and Real Estate Lawyers.

Carl C. Silver Attorney at Law meeting your Bankruptcy Attorney needs since 1976.

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We understand that deciding which attorney to use can be difficult. The best advice for anyone needing legal services is to retain an experienced attorney for a successful outcome.

For over 35 years our firm has been providing expert legal advice throughout Northeast Michigan. At the Law Firm of Carl C. Silver your case is handled by an experienced attorney not by a paralegal or law clerk. Although we handle a lot of cases, our focus is always on the individual client or business. Our experienced, supportive, compassionate staff will assist you through your entire legal process.

We invite you to take a few moments and read through the information provided in our web site. Please call us with any comments or questions.

It's time to call for your Free Initial Consultation from your local Alpena Law Office Attorney.

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Carl C. Silver

I Received My Juris Doctorate From The Detroit College Of Law In 1976, Continuing My Great-grandfather And Grandfather's Legal Profession. i Have Been A Sole Practicing Attorney For 35 Years In Northeast Michigan And Have Specialized In Bankruptcy And Social Security Disability Law. My Office Has Filed Thousands Of Cases Since Opening In 1976. Every Client I Represent Is Given The Utmost Care And Attention Regarding Their Unique Situation. practicing Law Is Similar To Sports In That The More You Practice The Better You Become. Since Bankruptcy Law Is So Complex And Constantly Changing Only An Experienced Bankruptcy Law Attorney Who Has Practiced In The Us Bankruptcy Court Can Provide You The Expertise You Need. i Have Practiced In Nearly Every Area Of The Law During The Course Of My 35 Year Career And Have Extensive Trial Court Experience. My Trial Court Experience Gives You A Great Advantage If It Is Ever Necessary For Your Case To Go To Trial On A Bankruptcy Issue Of Law Or A Valuation Hearing.

1) Ch. 7

Chapter 7 is designed for debtors with financial difficulties who do not have the ability to pay their bills. The simplest definition of bankruptcy is that one has inability to pay his or her bills as they become due.

Under Chapter 7, depending on how much property a person has, you are entitled to exempt (or keep) a certain amount of property. In fact, most of the time debtors will keep all of their property and lose nothing. However, there are times when a bankruptcy estate has a lot of debt and many assets. In this case, the Chapter 7 Trustee will take possession of property, sell it and distribute the proceeds from the sale of that property to the debtor's creditors. However, even in these cases, the debtor will be able to use his or her exemptions to keep certain basic items that they need for a fresh start.

As indicated, in most cases debtors do not lose anything. If it appears that the debtor is going to lose property that they do not want to lose then a Chapter 13, as explained later, will be carefully explored.



The purpose of filing a Chapter 7 is to obtain a discharge of existing debts. In rare circumstances, a person may be found to have committed certain kinds of conduct such as fraud, embezzlement, or liability as the result of operating a vehicle while legally impaired or drunk by the use of alcohol or drugs. In those rare occasions the debtor will find that a certain debt is not discharged or the debtor is denied a discharge entirely.

Even if one receives a discharge, some debts are never dischargeable in a Chapter 7 or 13. Therefore, you may still be responsible for certain debts such as: taxes less than three years old, student loans, alimony and child support, criminal restitution and fines.

2) Ch. 12

Chapter 12 is exclusively for farmers. It gives a farmer a lot of leeway in reorganizing his debts. It will enable a farmer to write the amount owed on his farm real estate down to the value rather than what he actually owes on it. Also, the farmer might have a lot of machinery that is financed but it is not worth as much as he owes. Again the farmer can propose a plan where he pays what the machinery is worth rather than what he owes on it.

3) Ch. 13

Hapter 13 is designed for individuals who have a regular income from any source who are temporarily unable to pay their bills and would like to pay them in installments over a period of time. Only individuals and/or persons conducting business under an assumed name are eligible to file Chapter 13. Corporations are not allowed to file Chapter 13. Also, you may not be eligible to file Chapter 13 if your total unsecured debts exceed $360,475 and/or secured debts exceed 1,081,400. (These dollar amounts are adjusted by Congress from time to time).

In a Chapter 13 you, working with your attorney, prepare and file a plan with the court to repay your creditors either all or part of the money that you owe using your future earnings or income. Income includes essentially any money that comes into the household including: child support, unemployment, social security income, pension income, disability pay, etc. The minimum period allowed by the court to repay your debts is three years and the maximum period is five years. Your plan must be approved by the court before it can take affect. In most consumer cases, the approval of the plan takes place automatically if there are no objections. If there are objections, those objections are usually satisfied prior to the date the debtor's case is scheduled to be approved or confirmed by the court.

The fundamental of Chapter 13's is that you keep all of your property whether exempt or non-exempt. However, sometimes you want to surrender or return property to a secured creditor (such as a vehicle) so you do not have to pay for that property anymore.

After completion of all payments under your plan, all of your debts are discharged except any alimony and child support, student loans, debts and criminal fines and restitutions, and debts for death or personal injury caused by driving while intoxicated from alcohol or drugs.

Service Locations

Bankruptcy Attorney Alpena  -  Bankruptcy Lawyers Alpena  -  Real Estate Attorney Alpena
Real Estate Lawyers Alpena  -  Social Security Lawyer Alpena  -  Probate Attorney Alpena

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Updated as of 5/8/2024

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