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

How Bankruptcy Can Protect What Matters Most

Posted by Wesley Scott on December 6

Many people who don’t understand bankruptcy believe that bankruptcy means loss. They think that bankruptcy means losing all of your material things: your home, vehicles, and your stuff. They also tend to think that bankruptcy means losing non­-material things: your pride, your dignity, and your financial security.

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A Debt “Solution” to Avoid: Debt Consolidation

Posted by Wesley Scott on December 5

A day ago, I had a conversation with a new client and it started out with a simple statement: “My wife and I are currently working with a debt relief company but it doesn’t seem to be working. We are $40,000 in debt now.”

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The Difference Between Chapter 7 and 13 Bankruptcy in Rochester, MN

Posted by Wesley Scott on December 4

Many people in Rochester know they need to file bankruptcy, but they are not always confident they know the difference between Chapter 7 and 13 Bankruptcy. I am going to explain the basic differences between a Chapter 7 and 13 Bankruptcy so it is easily understandable.

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Want To File Chapter 7 Bankruptcy in Rochester, MN? Do This Now

Posted by Wesley Scott on December 3

If you are contemplating filing a Chapter 7 Bankruptcy in or near Rochester, MN, do this now! Go now to www.kainscott.com and either set up a FREE strategy session to learn how you can resolve a debt problem for good or spend time researching Minnesota’s LARGEST bankruptcy website. You could literally read at www.kainscott.com for days and still not finish reading everything there is to read about bankruptcy that we have produced or written.

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Looking For The Best Bankruptcy Law Firm in Rochester, MN?

Posted by Wesley Scott on December 2

By the time you finish reading this blog it will be clear to you which firm is the best bankruptcy firm in Rochester, MN. If you spend 15 minutes on these questions, you are going to find an awesome Rochester, MN bankruptcy law firm.

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What is a Bankruptcy Going to Cost Me?

Posted by Wesley Scott on November 28

Most people’s bottom line is cost. When researching potential bankruptcy attorneys, it is an obvious deciding factor. How much is this entire process going to cost? Or maybe, what is going to be the cost if I do not go through with the process?

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Learn What To Expect From Your Free Bankruptcy Consultation

When is the Right Time to File For Bankruptcy?

Posted by Wesley Scott on November 27

“Timing is everything.” We have all heard the old adage. We have agreed with it at some point in our lives and rolled our eyes at it during others. Regardless of how one feels about the phrase, it certainly rings true when deciding at what point one should take the plunge and file for bankruptcy. By filing at the wrong time you may be taking needless risks with your money and assets by filing too late or not gaining all the benefits you could be by filing too early.

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Modifying, Amending, or Converting Your Bankruptcy Case

Posted by Wesley Scott on November 26

Change is healthy (and inevitable) fact of life. It can be welcome or not, it can be wonderful or it can be terrible. The bottom line is that we are all going to experience it in our lives –a lot!

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When Minnesotans Need to File Chapter 7 or 13 Bankruptcy, They Turn To Kain & Scott

Posted by Wesley Scott on November 25

When I need professional help of any kind, I turn to professionals. I always use a three prong approach for choosing a professional. Number 1—I want a professional who is experienced and really is the authority on the subject. Number 2—I want a professional who has awesome communication skills. I don’t baby sit professionals and neither should you. Number 3—I expect the professional to be kind to me, always—even if I am under stress and ask numerous questions, which I will.

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What is a Preference in a Chapter 7 Bankruptcy

Posted by Wesley Scott on November 24

Section 547 of the Bankruptcy Code lays out Preferences and what they are. In lay man’s terms, a bankruptcy Preference is simply when you “prefer” one creditor over another creditor. I think an example is in order. Say you paid 10k to MasterCard 30 days before filing Chapter 7 Bankruptcy. Now let’s assume during that same time frame you paid your other unsecured creditors nothing. The creditors who receive nothing say, wait a minute, because of MasterCard’s aggressive collection activities, MasterCard received 10k and the rest of us creditors received nothing and that is not fair.

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What is a Fraudulent Transfer in Chapter 7 Bankruptcy

Posted by Wesley Scott on November 23

For this article, we only focus on what is a fraudulent transfer under Section 548 of the Bankruptcy Code? There are other state based fraudulent transfer and conveyance statutes but that discussion is for a different blog article.

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The Truth About Student Loan Debt and Bankruptcy

Posted by Wesley Scott on November 20

Student loan debt is what we have done to our children. The promise to the children is this: go to school, get a degree, and make more money and have a better life right? The price tag for this promise? Crippling student loan debt that can survive your death even. Like a gimmicky infomercial that promises some get-rich-quick scheme, colleges are infomercials on steroids. The price tag for an infomercial product or service may be 2-10k. The price tag for a college degree can easily exceed 100k. And who gets duped in the end and left holding the bag for this empty promise? You!

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If You Represent Yourself in Bankruptcy, You Have a Fool for a Client

Posted by Wesley Scott on November 20

I can remember in law school the professors pounding into our heads that if you, even as a lawyer, try to represent yourself in a legal matter you have a fool for a client. This is especially true for non-lawyers who try to represent themselves in Chapter 7 or Chapter 13 Bankruptcy proceeding in Minnesota. Why? Bankruptcy is a complicated area of the law—one that takes years for a lawyer to master. 

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Avoid Minnesota Bankruptcy Law Firms That Are Gimmicky

Posted by Wesley Scott on November 19

I had a client of ours the other day comment on how she loved our website and she said something that really stuck with me. She said that are marketing presence was not “gimmicky”. That word “gimmicky” resonates with me because that is the opposite of what Kain & Scott is striving to do. We are striving to be the opposite of “gimmicky”. What did she mean by this?

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Avoid Doing This Before Filing Chapter 7 Bankruptcy in Rochester, MN

Posted by Wesley Scott on November 15

When you are thinking strongly about filing a Chapter 7 Bankruptcy in Rochester, MN, you will be tempted to do one thing you definitely should NOT do before filing the bankruptcy. You will be tempted to pay family and friends on debts you owe them. We understand this temptation. But if you pay family and friends money before you file bankruptcy, so you can avoid listing them as a creditor on the bankruptcy or just because you want them to get paid back even though others creditors are not getting paid any money, that may be considered a “preference” and the trustee may be able to avoid that preference.

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