Welcome To The MN Bankruptcy Blog

Inside you will find over 500 helpful articles discussing the Chapter 7 & 13 Bankruptcy Process and other solutions for difficult financial situations.

 
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Wesley Scott

Wesley Scott
I love being a Minnesota bankruptcy attorney because it allows me to give people hope that, together, we can get their lives back. People call us because of business failure (many businesses fail, that is a fact of life), income drop (bad economy or otherwise), divorce (happens to many), medical problems (how can you help that?), and bad financial decisions (we have all made them!). I understand the financial pressures my clients face because I experienced many of these same pressures growing up. I know that most of my clients end up in debt through no fault of their own. I became a bankruptcy attorney to give these people the help and support they need in this time of trouble.
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Recent Posts

Should I pull asset and credit reports before filing Chapter 13 Bankruptcy?

Posted by Wesley Scott on December 24

So, you are preparing to file Chapter 13 Bankruptcy. You have hired a licensed and local Chapter 13 Bankruptcy attorney in your state. You have not called any out of state companies and you have dismissed any law firm that would have you meet with a paralegal.

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What happens to my co-debtors in a Chapter 13 Bankruptcy?

Posted by Wesley Scott on December 23

Many debtors have co-debtors on the debts they owe. For example, debtor may have had a relative or friend co-sign their vehicle loan. If debtor does not pay on the loan, bank will look to co-signor for payment. Co-debtor or a co-signer is a person who pledges their liability on the loan should debtor refuse to or not be able to pay on the loan. Banks routinely ask for co-signers as a way of protecting the loan and making sure the bank is repaid. Co-signing is a form of collateral for the bank, protection against the loan going unpaid if you will.

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Can A Debtor Waive Their Right To A Bankruptcy Discharge in a Contract?

Posted by Wesley Scott on December 22

Think about this for a moment. Can a creditor write in a contract, any contract, that you waive your right to file bankruptcy on this debt/contract, and therefore, further protect creditor’s ability to get paid back on a debt? Wouldn’t this be clever for a creditor to do this? Wouldn’t all creditors do this? If this were possible, and enforceable, all lawyers for creditors would be committing malpractice if they failed to write a provision into every contract waiving debtor’s right to file bankruptcy on this debt.

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What Happens After A Chapter 13, 341 Meeting, Motion For Relief?

Posted by Wesley Scott on December 21

After a Chapter 13 341 meeting, what happens next? There are a variety of things that can happen after a Chapter 13 341 meeting. One of those events that could happen is a creditor may bring what we call a motion for relief from the automatic stay.

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What Happens After A Chapter 13 Hearing? Adversary Proceedings

Posted by Wesley Scott on December 20

People often want to know what happens after a Chapter 13 Bankruptcy hearing. The next step is a confirmation hearing where the bankruptcy court approves or “confirms” the Chapter 13 Bankruptcy plan. But, prior to the confirmation hearing, creditors also have a chance to object to debtor discharging debts with creditor for certain reasons identified in Section 523 of the Bankruptcy Code.

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What Happens and Who Attends A Chapter 13 Meeting Of Creditors?

Posted by Wesley Scott on December 19

Section 341 of the Bankruptcy Code requires debtor(s) to submit to an examination, under oath, by the Chapter 13 trustee, or a representative of the trustee. The general purpose of the meeting is for the trustee to examine the debtor and debtor’s schedules to make sure all debtor(s) assets and debts are listed on the schedules and that debtor has listed all of her income and expenses as well. Part of the function of a Chapter 13 trustee is to determine whether debtor(s) schedules and proposed plan comply with federal bankruptcy law.

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What Are The Chapter 13 Bankruptcy Trustee's Duties?

Posted by Wesley Scott on December 17

I have often described Chapter 13 Bankruptcy like a “government sponsored debt consolidation plan”, because that is what it is. In simple terms, the function of a Chapter 13 trustee is to collect funds from debtor(s) and disburse those funds to debtor(s)’s creditors based on an approved plan. Now, the trustee must examine the schedules, and the plan, to make sure the proposed plan complies with all legal requirements under the law. If the plan does not, the Chapter 13 trustee’s job is to object to debtor’s plan until it does.

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What Happens And Who Attends The Chapter 13 Meeting Of Creditors?

Posted by Wesley Scott on December 16

Section 341 of the Bankruptcy Code requires debtor(s) to submit to an examination, under oath, by the Chapter 13 trustee, or a representative of the trustee. The general purpose of the meeting is for the trustee to examine the debtor and debtor’s schedules to make sure all debtor(s) assets and debts are listed on the schedules and that debtor has listed all of her income and expenses as well. Part of the function of a Chapter 13 trustee is to determine whether debtor(s) schedules and proposed plan comply with federal bankruptcy law.

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Looking For A Bankruptcy Attorney in Mankato, MN?

Posted by Wesley Scott on December 15

If you are looking for a bankruptcy attorney in Mankato, Minnesota, it pays to look at the law firm’s website first. Only select the law firm with the LARGEST Chapter 7 and Chapter 13 Bankruptcy website in Minnesota. Why would you want to research bankruptcy on a bare bones site when you can research to your hearts content on Minnesota’ LARGEST Chapter 7 and 13 Bankruptcy website?

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Do I Have To Get Credit Counseling Before Filing Chapter 13 Bankruptcy

Posted by Wesley Scott on December 14

Yes, you do. As part of the bankruptcy law changes handed down in 2005, Congress now requires each debtor in bankruptcy to have to go through a US Trustee qualified credit counseling and obtain a certificate (which gets filed with the bankruptcy court) prior to filing Chapter 13 Bankruptcy. If you fail to complete this course and file a certificate with the bankruptcy court, your bankruptcy case will get dismissed. Crazy stuff right?

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Common Information Needed To File Chapter 13 Bankruptcy

Posted by Wesley Scott on December 12

Once the decision to file Chapter 13 Bankruptcy has been made, there are documents that you should gather to make the process of filing bankruptcy easier. We already know that credit reports and asset reports should be pulled as part of the process. But, there is more information that is needed by your attorney. If you would like to be your attorney’s hero, starting gathering these documents now.

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What Are My Duties If I File Chapter 13 Bankruptcy?

Posted by Wesley Scott on December 11

When you invoke the power of the bankruptcy court, seeking protection from your creditors, you also have duties as well. Section 521 of the Bankruptcy Code outlines many of these duties. Chapter 13 debtors must file a host of schedules with the bankruptcy court and these schedules are verified under penalty of perjury. As such, these schedules must be complete and accurate. Filing inaccurate or incomplete schedules with the bankruptcy court may result in debtor being denied confirmation of the Chapter 13 plan, and worse, a denial of discharge or being charged with bankruptcy fraud.

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What Is The First Step To Filing A Chapter 13 Bankruptcy

Posted by Wesley Scott on December 9

The first step in filing a Chapter 13 Bankruptcy is to find a competent and local bankruptcy attorney who can represent you in your Chapter 13 Bankruptcy case. There are two major pitfalls to avoid in searching for competent instate licensed and local bankruptcy attorney.

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What Happens To Fraudulent Transfers In Chapter 13 Bankruptcy

Posted by Wesley Scott on December 8

If you were to file a Chapter 7 Bankruptcy and you had transferred an asset to anyone within two years prior to the time you filed the Chapter 7 Bankruptcy, you are going to run into Section 548 of the Bankruptcy Code and you will not like it.

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What Does A Chapter 13 Trustee Do With A Preference?

Posted by Wesley Scott on December 7

We have discussed what the two most common types of preferences are previously. In consumer debtor cases, a preference is typically a payment of $600 or more to a general unsecured creditor made within 90 days prior to filing the Chapter 13 Bankruptcy. It is also considered a preference to pay a family member or business associate $600 or more within the previous one year period prior to filing a Chapter 13 Bankruptcy.

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