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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William Kain

William Kain
I have been practicing law for over 30 years, more than 20 of those have been with Kain & Scott, P.A. I continue to enjoy helping those who fall into unfortunate financial situations get back on their feet. St. Cloud is the community where I live, work and play, and I take great pride in helping and supporting my fellow community members in their time of need.
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Recent Posts

Am I Going To Lose My House? - Part 2

Posted by William Kain on October 16

Last week, I wrote about the issue of home protection in bankruptcy. And it’s a fairly complicated issue. But the bottom line is that if you are a homeowner that lives in Minnesota, and you need to file a bankruptcy case to resolve your financial issues, the equity in your home is almost certain to be exempt - that is, your home can’t be taken from you by a bankruptcy trustee if you want to protect it.

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How Chapter 7 Bankruptcy Erases Your Debt Fast

Posted by William Kain on October 6

If you’re serious about eliminating your debt and recharging your financial future, chances are you have heard of Chapter 7 bankruptcy. Chapter 7 bankruptcy gives you a fresh start by erasing your debt fast and immediately stopping aggressive collections actions and calls from creditors that can cause stress and anxiety, negatively impacting your quality of life. Without your debt to hold you back or creditors to harass you night and day, you have the freedom to make the most of your fresh financial start.

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Bankruptcy: Am I Going To Lose My House?

Posted by William Kain on October 3

Financial problems make people anxious. And when clients come to visit with me about their finances, it is normal that they are anxious and stressed about their money situation. The anxiety comes, in large part, from the feeling that there’s not enough money to pay the bills - and the consequences that go along with that. The anxiety can be intense in these situations: worries about whether a person can be jailed if there is a civil judgment taken for an unpaid debt is common (no, the person is not going to jail). If a person files a bankruptcy case, who will know about it (creditors certainly will, but friends and neighbors almost always don’t).

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Dangers of Debt Consolidation Programs

Posted by William Kain on September 30

You’ve heard them on the radio and seen them on TV. They make promises about eliminating your debt in no time at all, at no cost to you. All you have to do is make the phone call and your debt can be put in the past. Well this sounds great, and your first conversation may go great, too. However, debt consolidation programs like to put all of the exciting benefits and the promise of a better tomorrow at the front, so you don’t see what lives behind the curtain.

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How to File for Chapter 13 Bankruptcy

Posted by William Kain on September 23

If you’re filing Chapter 13 bankruptcy in Minnesota, you may be aware of the stress and time-commitment required when filing your bankruptcy petition without an attorney. But did you know that with the wrong bankruptcy attorney the process can still be long, difficult, and stressful?

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What is a Priority Creditor - Part 2

Posted by William Kain on September 21

Last week, I wrote about priority debt - the type of unsecured debt that Congress decides should take priority over general unsecured debt in a bankruptcy case. Holding priority debt can be very beneficial for creditors, since in a chapter 7 case, all priority debt is paid, in full (if there are sufficient funds available) before any general unsecured debt is paid, and in a chapter 13 case, all priority debt must be paid in full in order for a chapter 13 plan to get confirmed and for the chapter 13 debtor to receive a discharge.

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What is a Priority Creditor?

Posted by William Kain on September 14

When the lawyers at Kain & Scott file bankruptcy cases, one of our jobs is to “classify” debt. There are three classes of debt in bankruptcy cases: unsecured, secured and priority.

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What Happens If You Transfer Money Prior To Filing Bankruptcy?

Posted by William Kain on September 8

Last week I wrote about a common concern that people who are thinking about filing a bankruptcy case have: the entanglement of family members in the potential client’s financial affairs. I wrote about the effect a bankruptcy has on a non-filing spouse and the issues in bankruptcy that come up when a relative has co-signed on a financial obligation with a bankruptcy debtor.

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How Can I Keep My Family Out Of My Bankruptcy?

Posted by William Kain on September 7

Most of the people that I see at my office who are experiencing financial problems are feeling a significant amount of stress about their money problems. And many of the people with whom I meet are concerned about what will happen to family members if they choose to file bankruptcy. The concerns come from many fact situations.

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Why Filing Chapter 7 Could Save Your Life

Posted by William Kain on August 25

Filing Chapter 7 bankruptcy turns lives around by eliminating debt. Our clients are proof that by filing Chapter 7 you can get a fresh start and be free from the burden of debt that is holding them back financially, emotionally and even physically. Dealing with debt problems is a heavy burden to bear and it often causes stress and anxiety. The American Psychological Association’s annual stress survey revealed that approximately one-quarter of Americans experience high levels of stress with concerns about money, jobs and the economy being named as the top sources of stress for many. Unfortunately, unpaid bills can harm your health, arguably even more than it harms your credit rating.

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Pros and Cons of Chapter 7 Bankruptcy

Posted by William Kain on August 16

Making the decision to file a bankruptcy case is never easy; however, bankruptcy may be the best solution to your debt problems.  Bankruptcy offers many advantages that other debt solutions do not offer. Although there are numerous advantages, there are also some disadvantages. To help you weigh your options, our attorneys discuss all of the pros and cons of Chapter 7 during your free bankruptcy consultation.  Below are some of the common pros and cons of Chapter 7 that apply in most cases filed in Minnesota.

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When Should I File for Bankruptcy?

Posted by William Kain on August 14

Answering the question, “When should I file for bankruptcy” is a difficult thing to do when you are immersed in the overwhelming stress caused by debt. Worrying about how you will pay your bills and take care of your family, while dealing with aggressive debt collectors and threatening lawsuits, can quickly take its toll. This is precisely when you should meet with an experienced bankruptcy attorney. Doing so before things get out of hand and you are tempted to do something drastic will payoff in the long run.

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What Are The Requirments to File Chapter 7 Bankruptcy?

Posted by William Kain on August 14

When I meet with clients who are facing financial difficulty, I tell them that the first thing we have to decide is if they need to do something to resolve their debt issues, other than just using the same debt reduction strategies that they’ve been using up until the time we met. For the vast majority of the people I meet with, the answer to that question is yes - the reason they are in my office is that they don’t see a good financial outcome by maintaining the status quo.

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The Requirements To File A Chapter 7 Bankruptcy

Posted by William Kain on August 12

Last week I wrote about the Requirements to File a Chapter 7 Bankruptcy Case. I wrote who (or what) can file chapter 7 case, the means testing requirement involved in chapter 7 cases, and the requirement that a chapter 7 debtor have a credit counseling briefing prior to filing a chapter 7 case. This week, I will look at the question that, while it does not come up often, can be quite important in the few cases where it is an issue: the venue of the bankruptcy case. Then I will write about what a chapter 7 debtor has to do to obtain a discharge.

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Inheritances in Chapter 7 and Chapter 13 Bankruptcy

Posted by William Kain on August 10

The clients with whom I meet to discuss filing bankruptcy come in all ages, and genders. Some of my clients are very low-income wage earners; others have fairly high salaries. But my clients have one thing in common: they haven’t had very much good luck financially. For many of these people, filing a bankruptcy case, whether under chapter 7 or chapter 13, is the best option they have to resolve their financial issues. For a small percentage of these people who file bankruptcy cases, the years of bad luck that they experienced prior to filing is changed suddenly when they learn that they will inherit money or property from a deceased loved-one’s estate.

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