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What Bankruptcy can do about wage garnishment

Michigan Wage Garnishment

Wages are protected by federal non bankruptcy law, and by state wage garnishment laws, which are generally more generous than the Federal wage garnishment protection. There are typically exceptions to this exemption for things like child support, and other priority debts.
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Michigan Tools of Trade Exemptions
 
Michigan WildCard Exemption

Updated: 2020-08-26 by

Federal Non-Bankruptcy Law (available in all states)

Federal "non-bankruptcy" law also offers exemption protection for wages.

US Bankruptcy Code § 522 Wage Garnishment Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Michigan allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Michigan residents can use the Federal or State exemption systems.

Michigan has passed a special set of exemptions designed only to be used in bankruptcy cases (found in Section 600.5451). Although debtors can use the the exemptions in Michigan's "bankruptcy only" exemption statute, as well as ANY OTHER exemptions found in other Michigan statutes, such as exemptions for life insurance. (See In re Sasasak, 426 B.R. 680.)

 

Michigan Tools of Trade Exemptions
 
Michigan WildCard Exemption

You may also be interested in:

  • Michigan Tools of Trade Exemptions

    Most states allow an exemption for "tools of trade or profession"... this can include tools, books, even vehicles. Sometimes can be an alternative to the motor vehicle exemption.

  • Michigan WildCard Exemption

    Almost every state has an exemption for "any property" which is sometimes called the "wildcard" or "grubsteak" exemption. Generally this exemption is useful because it can be combined with other exemptions to fully protect equity that might otherwise go unprotected.

  • Does Michigan Adjust Exemptions for Inflation?

    The Federal Government adjusts Federal exemption amounts every three years. Does Michigan adjust exemption amounts?

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Michigan: Law

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