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

Four Dischargeable Debts In A Minnesota Chapter 7

Posted by William Kain on July 1

Just like there is good cholesterol and bad cholesterol, there is also good debt and bad debt. The average Minnesota household has about $134,000 in debt. But much of this debt is secured debt, like mortgages and auto loans. Most people do not mind paying these loans, as long as the terms are reasonable and they like the car, house, or other collateral.

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Some Things To Know About ‘Gray Bankruptcy’ In Minnesota

Posted by William Kain on June 30

Most people see bankruptcy as a last resort. Typically, that strategy is a sound one. It’s usually best to try to work things out with moneylenders before choosing a more radical path.

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Secured Debt vs. Unsecured Debt in a Chapter 13 Bankruptcy

Posted by William Kain on June 29

When you file a bankruptcy, you must include all debts; however, not all debts are treated equally in a Chapter 13 case. For example, student loans and taxes (there are exceptions to this!) are non-dischargeable debts that survive the bankruptcy. This means the debtor is still legally liable for paying the student loans and taxes if the debts are not paid in full through the bankruptcy plan. Unsecured debts may only receive a percentage of what is owed and any balance remaining at the end of the repayment period is discharged forever. To complicate matters, tax claims are generally unsecured debts but they are afforded priority status and paid after secured claims but before general unsecured claims. As you can already see, secured debt and unsecured debt get treated differently in a Chapter 13 bankruptcy case, and it can be a bit confusing to comprehend. With this blog I am hoping it make it a little simpler, to give you a better idea of how your debts would be handled in a Chapter 13.

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Does A Minnesota Bankruptcy Stop Eviction?

Posted by William Kain on June 27

The quick answer is yes, but you have to act quickly.

Before 2005, an eviction was just like a foreclosure. Even if a landlord got a signed court order from a judge, a bankruptcy stopped the eviction process. The Automatic Stay in Section 362 of the Bankruptcy Code applied. But the oddly-named Bankruptcy Abuse Prevention and Consumer Protection Act contained a number of pro-creditor changes, and the interplay between the stay and eviction was one of them.

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Will A Minnesota Bankruptcy Affect My Security Clearance?

Posted by William Kain on June 26

This question presses upon the thousands of people who either serve at one of the National Guard bases in Minnesota or work for a firm which supports these men and women. In many cases, if a person loses a security clearance, the person also loses that job. Such a situation clearly makes the family’s financial situation worse instead of better.

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Filing Chapter 7 In Minnesota - What You Need To Know

Posted by William Kain on June 25

 Most of us occasionally run out of money before we run out of month. In this precarious situation, just one serious financial setback can have a devastating effect. Setbacks like serious illness, divorce, or job loss can happen to anyone at any time. When these situations cause financial turmoil, you basically have two choices. You can watch things get worse or you can do something about it.

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A Chapter 13 Attorney Logically Explains "Why Choose Bankruptcy"

Posted by William Kain on June 24

Struggling with credit card debt is stressful and confusing, but it doesn’t have to be. There are options for consolidating and eliminating your debt, including filing for Chapter 13 bankruptcy. Most clients ask, “Why choose Chapter 13 over hiring a debt consolidation company?” The answer is simple, Chapter 13 allows you to put you and your family ahead of your creditors. Let me explain.

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Four Good Reasons To File Chapter 7 vs. Chapter 13

Posted by William Kain on June 22

Consumer debt is one of the more troubling problems of our time. One in four people experience Post Traumatic Stress Disorder-type symptoms because of such debt. If you belong to this group and you are looking for a way out, Chapter 7 bankruptcy may be the exit strategy you have been looking for.

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WHAT TO DO WHEN YOUR CHAPTER 13 PLAN DOESN’T “WORK” ANYMORE PART 3

Posted by William Kain on June 17

In my last two blogs I’ve written about a common problem with chapter 13: a client’s financial situation has changed during the time the chapter 13 case is pending, and making a monthly chapter 13 payment to the trustee, which once was affordable, is no longer affordable.

In this blog, I’ll write about the options that chapter 13 debtors have when a chapter 13 case no longer “works.” I’ll write about short-term solutions first.

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WHAT TO DO WHEN YOUR CHAPTER 13 PLAN DOESN’T “WORK” ANYMORE - PART 4

Posted by William Kain on June 14

Some clients at Kain & Scott run into problems making their chapter 13 plan payments because of a short-term, temporary financial problem.  For people in a temporary bind, the difficulty in making a chapter 13 payment doesn’t have to spell doom for the chapter 13 case.  Last week I wrote about fixes for short-term problems - catching up on back payments or agreeing to enter into a cure order - to catch up on chapter 13 payments and continue down the financial road to an eventual chapter 13 discharge of debt.

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What Is A Creditor?

Posted by William Kain on May 30

Right before his son went off to the big city in Shakespeare’s Hamlet, Polonius told Laertes “Neither a borrower nor lender be/For loan oft loses both itself and friend.” In other words, be careful about borrowing and lending money to friends. If you lend, they won’t pay it back; if you borrow, you’ll fall out of favor. But loaning and borrowing is not bad. In fact, sometimes both are very good.

His advice is still valid in today’s Minneapolis. People haven’t really changed much since the sixteenth century. So, mixing money and friendship still ends badly most of the time. But sometimes, you need to borrow money. In fact, over two-thirds of the nation’s $13.2 trillion in household debt is mortgage debt. Most of the time, mortgage debt is “good debt.”

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Here's What You Need To Know About Chapter 7 Bankruptcy

Posted by William Kain on May 17

Many Minnesota families have excessive credit card debts. Making matters worse, according to one estimate, 60 percent of cardholders struggle just to make the minimum payment. So, every month, the family goes deeper into debt. This downward debt spiral quickly becomes overwhelming.

Many “debt consolidation” firms only make empty promises. But there is a federal debt relief program that’s designed to do away with excess debt and give Minnesota families a chance to start over. But bankruptcy is a very big decision. Before you file your voluntary petition, it’s important to know everything about Chapter 7 bankruptcy.

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Would Bankruptcy Affect My Partner In Minnesota?

Posted by William Kain on May 14

Most likely, bankruptcy would affect a business partner. However, the effects are almost all positive.

Sometimes, liquidating a failing business is the best course of action. This issue is very common, as only a small percentage of new businesses survive past the first five years. A failed business does not necessarily mean that you and your partners are poor planners or businesspeople. It just means that, for whatever reason, a particular concept did not work out.

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How Our Minneapolis Bankruptcy Lawyers Know When You Should File 

Posted by William Kain on May 10

Last week I wrote about the timing of filing a bankruptcy case when determining how to know if you should file bankruptcy. The focus of that was when to file in the context of the collection process - filing to avoid the execution on a judgment and to avoid the entry of a judgment entirely. The idea was to give the people reading the blog a sense of the collection process and what a bankruptcy filing would create the most protection for someone looking at difficult to manage debt issues . This week I want to continue examining the timing issue, but instead of looking at the collection process, look at timing issues through the lens of the Bankruptcy Code, and its requirements for filing. And I want to spend some time examining the mortgage foreclosure process and how foreclosure affects the decision of when to file a bankruptcy case .

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Minnesota Bankruptcy: What Else Should I Know? (Part 3)

Posted by William Kain on May 4

In my last two blogs, I’ve written about some unexpected consequences that some of our clients experience as a result of filing a bankruptcy case.  These surprises come from different areas - from the fact that ACH payments can be discontinued to the fact that a lapsed car insurance policy can result in a safe driver being dropped into the risk pool when a new auto-owners policy is taken out.  This week I’ll continue to write about expecting the unexpected as a result of filing a bankruptcy case.

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