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

What Happens When You File Bankruptcy: Pre-Bankruptcy Activities

Posted by Wesley Scott on May 23

The 2005 bankruptcy reform act significantly changed parts of the pre-filing process. Supposedly, banks approached then-President George W. Bush about such a measure shortly after he took office in 2001. But because of the proposal’s harshness, he said he would not sign it until his second term. The 2005 law made a number of changes which were designed to make it harder to file Chapter 7. These changes are outlined below.

Other parts of the pre-filing process are unchanged. That include the initial consultation with your Minnesota bankruptcy attorney. At Kain & Scott, we believe in very thorough consultations which review all your bankruptcy and non-bankruptcy debt relief options. An extensive consultation also helps clients understand what happens when they file bankruptcy. That is a tremendous advantage for everyone.

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Debt Relief Available in a Chapter 7 vs. Chapter 13 Bankruptcy

Posted by Wesley Scott on May 22

Supreme Court Justice James Clark McReynolds was one of the first Justices to set out the purpose of bankruptcy laws. In 1915, he wrote that bankruptcy is designed to “relieve the honest debtor from the weight of oppressive indebtedness and permit him to start afresh free from obligations and responsibilities consequent upon business misfortunes.” So, most Minnesota bankruptcy debtors are entitled to debt relief.

The nature of this fresh start largely depends on the type of bankruptcy the debtor files. It also depends on a concept called reaffirmation, especially in certain kinds of bankruptcy.

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Looking For A Minneapolis Bankruptcy Lawyer? Here’s Who NOT To Hire

Posted by Wesley Scott on May 21

At Kain & Scott, we want our Minneapolis guests to be careful who they hire to represent them in their bankruptcy case.  Why do you have to be careful who what Minneapolis Bankruptcy Lawyer you hire? Because there are “professionals” who try and solicit you to file bankruptcy with them who are not necessarily the best qualified to represent you in the bankruptcy case.

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The Not So "Minneapolis Bankruptcy Lawyers" To Watch Out For

Posted by Wesley Scott on May 20

At Kain & Scott, we have an all-points bulletin and warning for those of you living in Minneapolis, Minnesota and are looking to file bankruptcy. Be very careful who you choose to file your bankruptcy case. Why? Because there are “professionals” out there that may have their bottom line as a priority over your well-being. Be very careful of people advertising to you who are located out of state. Be careful of those people advertising bankruptcy services on park benches, billboards, or even tv!

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2 Things To Avoid When Hiring A St Paul Bankruptcy Lawyer

Posted by Wesley Scott on May 19

How do you know which St Paul Bankruptcy Lawyer is right for you? How do you know the law firm you select will show you empathy and be helpful and kind to you while you go through this struggle? I absolutely LOVE Google reviews, and lots of them. I am continually amazed at the people who have the courage to file bankruptcy and also the courage to leave a google review. Bravo to them and those reviews are so critically important for other Minnesotans suffering from overwhelming debt. However, there are things you need to avoid while searching for a lawyer too. If you fall prey to this it could make your experience turn into a disaster. How do we know? We've seen it time and time again.

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Does Bankruptcy Wipe Out Student Loans In Minnesota?

Posted by Wesley Scott on May 15

The average debt-laden college graduate has almost $30,000 in student loans. That amount has increased 25 percent since 2008. Even with low interest rates and extended repayment periods, the monthly payment is often several hundred dollars a month. That’s a lot of money for anyone, and especially for young people. Quite understandably, many of these individuals delay major purchases and are overly-cautious with their money.

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St Paul Bankruptcy: The Government Sponsored Debt Consolidation Plan

Posted by Wesley Scott on May 12

I know what you are thinking- what government sponsored debt consolidation plan? Not many people know that the government, indeed, has a government sponsored debt consolidation plan. If people knew about this and understood it, no one would ever try traditional debt consolidation plans and always contact a St Paul Bankruptcy Lawyer first. Let me begin by describing the highlights of this government sponsored plan.

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St Paul Bankruptcy Lawyer Reviews: Why Google's Matter

Posted by Wesley Scott on May 11

 I love “Google Reviews”. Why? Because they are a wonderful barometer of what you will receive for food, service, or anything else with a business. What better way to determine what you will receive from a St Paul Bankruptcy Lawyer than to see the experience others had with the same firm right?

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(Video) Can My Minneapolis Bankruptcy Lawyer Get Rid Of My Medical Debt?

Posted by Wesley Scott on May 8

Having a medical problem is awful enough- but just wait until you get home and receive the medical bills. If you didn’t want to die before, you will now. It shouldn’t be this way. You should not have to go bankrupt to protect your family from medical problems. And yet, our health insurance coverages get worse and the medical out of pocket costs grow larger.

Apart from politicians and large medical providers, who else benefits from a system like this? No one! The problem with overwhelming medical debt is it’s so unpredictable and uncontrollable. You can’t help medical problems for the most part.

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3 Reasons Why The Sooner You Talk To A Minneapolis Bankruptcy Lawyer the Better

Posted by Wesley Scott on May 7

Nobody wants to file for bankruptcy. This is no secret, but for many people in Minneapolis each year it is their only hope for debt relief. At Kain & Scott when most of our clients come to visit us they’ve been struggling with the repercussions of an overwhelming debt problem for a very long time. Far too often this struggle could have been avoided if they would have met with our Minneapolis Bankruptcy Lawyers a lot sooner. Our Lawyers can help you avoid a variety of debt related problems. Here’s how:

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Posted by Wesley Scott on May 1

So, last we spoke, we spoke about Mary’s account being frozen. The creditor had frozen Mary’s 12k 401k loan proceeds and Mary had come in to see me about what her choices were to resolve her debt problem.

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Posted by Wesley Scott on April 27

There are 3 mistakes you should avoid when filing bankruptcy in St Paul, Minnesota. These mistakes have to do with representation in a bankruptcy or a lack thereof. At Kain & Scott, we are Minnesota’s oldest bankruptcy law firm. We have seen a thing or two and we would recommend you avoid the mistakes we have seen others make. For example-

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Posted by Wesley Scott on April 26

Welcome to Woodbury, Minnesota’s best bankruptcy law firm, Kain & Scott. Why Kain & Scott? Good question. We wrote the book, “Filing Bankruptcy Sucks, Your Lawyer Should Not!” We wrote the book because we were frustrated by how Minnesota bankruptcy guests were being treated. Well, let’s break it down, why is Kain & Scott Woodbury, Minnesota’s best bankruptcy law firm? I will give you 5 reasons:

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Posted by Wesley Scott on April 26

The following is based on a true story. The names I use are fictional but the story is real. Mary came into see me about her account being frozen by one of her creditors. Mary had just taken a loan out from her 401k and the 12k in proceeds were in her bank account when the unthinkable happened- the creditor placed a levy on the account and froze 12k. Now, to say this was not good timing is an understatement. Mary is an RN but she was off work for several months due to medical complications. She was not entitled to short term disability and so she was taking the 401k loan out to help her and her husband survive the time when she was out of work.

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Will Bankruptcy Affect My Husband?

Posted by Wesley Scott on April 24

To protect their property and families, thousands of people file bankruptcy in Minnesota every year. Moneylenders want people to feel ashamed when they file bankruptcy, to discourage such actions. But most people file bankruptcy because of medical debt, divorce, unemployment, or some other situation which was totally beyond their control.

Nevertheless, there are still many impediments to filing bankruptcy in Minnesota. Some people worry about how a voluntary petition will affect their jobs. Others worry about how bankruptcy may affect their spouses, and that’s the subject of this post.

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