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

Commonly Asked Questions About Secured Debt and Bankruptcy

Posted by William Kain on December 8

For the last three weeks, I’ve tried to answer some very commonly-asked questions: what’s the difference between chapter 7 and chapter 13 bankruptcy?  The answer to that question is fairly easy - chapter 7 is a liquidation approach to money problems, while chapter 13 is a repayment program.  And the mechanics of the two chapters - the preparation of a petition, schedules and statements, the filing of the petition and schedules, and the steps to obtain a discharge - are also fairly easy to explain.  But since it’s taken me four weeks-worth of blogs to cover this topic, it’s the follow-up question “what’s the best chapter for us?” is more complex.  This week, I’ll write some more about the differences between the two chapters.

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How to File Bankruptcy in Minnesota

Posted by William Kain on December 5

One of the most frequent questions potential clients ask us is, “do I really need a lawyer to file bankruptcy?” The answer is an overwhelming “yes!” While there is no law that requires you to hire a lawyer to handle your bankruptcy, it’s a good idea and can save you a significant amount of time and money.

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Commonly Asked Questions About Your Credit & Chapter 13 Bankruptcy

Posted by William Kain on November 30

When the lawyers at Kain & Scott meet with potential bankruptcy clients, we always make it a point to ask what questions or concerns the client has during our first appointment.  Almost everyone we meet with has worries about filing a bankruptcy case, and many of the questions that spring from that worry are the same from client to client.  Let’s look at some of the commonly-asked questions we get from our clients - and get some answers.

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How Do I Get Over the Fear of Filing Chapter 7 Bankruptcy In St. Cloud, MN?

Posted by William Kain on November 28

There are better words in the English dictionary than bankruptcy. If you are not nervous about filing Chapter 7 Bankruptcy, you are weird. But to the team at Kain & Scott, suffering from overwhelming debt is not unusual or weird. It’s called life. The humility of being alive.  No one dreams of getting married and going through a horrible divorce, no one dreams of starting a business and have it turn into a nightmare, no one dreams of having cancer so you can’t work or pay your bills and yet these things happen all the time.

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The #1 Commonly Asked Question About Chapter 7 vs Chapter 13 Bankruptcy

Posted by William Kain on November 24

Last week I tried to answer some of the questions that are commonly asked by clients who are thinking about filing a bankruptcy case.  We talked about the impact of bankruptcy on credit scores, the removal of debts discharged in a bankruptcy case from a credit report and the amount of time needed for a client of Kain & Scott to file a chapter 13 bankruptcy case.  This week, I will do my best to answer other questions that commonly come up with potential clients.  And let’s start with a basic question.

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Defeat Your Credit Card Debt with Minnesota Bankruptcy

Posted by William Kain on November 22

With the holiday season approaching, many Minnesotans are planning on using credit cards to get through the annual spending splurge. With so many purchases this time of year—gifts, airplane tickets, gas, food, and trimmings—many families drastically increase their amount of credit card debt every holiday season. A recent study suggests that the average American household will spend $422 this year on gifts for each child in their household: that’s enough green to make anyone see red!

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How to Stop Snowballing Debt Fast with Minnesota Bankruptcy

Posted by William Kain on November 16

Is your debt snowballing out of control this winter?

If there’s one thing that Minnesotans know, it’s snow. With an average annual snowfall of between 36 and 70 inches, The North Star State has experience handling whatever Old Man Winter throws its way.

But if you have snowballing debt, you will need more than a shovel and mittens this Minnesota winter.

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St. Cloud Bankruptcy – How to File Chapter 7 with Kain & Scott

Posted by William Kain on November 15

In the age of YouTube tutorials and do-it-yourself blogs, it’s now easier than ever to find “how to” information online. From building furniture, to fixing a leaky faucet, to how to prepare a perfect child’s birthday cake, “how to” videos and tutorials empower the average layperson to expand their knowledge base and become more self-sufficient.

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Bankruptcy vs Foreclosure - Which Will You Choose?

Posted by William Kain on November 11

Is one option, bankruptcy vs. foreclosure, a better alternative when compared to the other? While both may seem like bleak routes, one alternative is actually significantly better when compared to the other. 

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What Monopoly Got Wrong: The Benefits of a Minnesota Bankruptcy

Posted by William Kain on November 10

For many people, one of the first experiences they have with bankruptcy is playing Monopoly. In the game, when a player doesn’t have enough assets to pay their debts either to the bank or to another player, they are bankrupt and lose the game. Complete with orange card declaring “Bankruptcy! Do not pass Go, do not collect $200,” the game makes it clear that once you reach bankruptcy, for you the game is over -- you lose.

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5 Reasons Why You Should Choose Kain & Scott for Your Minnesota Bankruptcy

Posted by William Kain on November 6

One of the most frequent questions we encounter from prospective clients is why they should hire Kain & Scott as their Minnesota bankruptcy lawyers. Whether referred to us by another satisfied client or finding us on their own, clients want to know that the Minnesota bankruptcy law firm they select has their best interests in mind when eliminating their debt.

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Pre- and Post-filing Credit Counseling Requirements in Bankruptcy

Posted by William Kain on October 31

Before you can file for Chapter 7 or Chapter 13 bankruptcy, you must consult with a nonprofit credit counseling agency. There are two courses you must complete. One is pre-filing and one is post-filing. Most people attend these courses online but they can be completed over the phone as well. The purpose of the first course is to see whether there are any options outside of filing for bankruptcy and the purpose of the second course is to educate you on your budget moving forward.

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Frequently Used Terms by Bankruptcy Attorneys

Posted by William Kain on October 27

There are many common words and phrases that are used in bankruptcy cases - terms that aren’t commonly used in our everyday life, but that have specific meaning in bankruptcy cases. Knowing what these words and phrases mean eliminate some of the mystery that a person considering bankruptcy might experience in making a decision as to whether a bankruptcy case is in his/her best interest. Let’s look at some of these words and phrases below:

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Am I Going To Lose My House? - Part 3

Posted by William Kain on October 25

Last week, I finished writing about the way that Minnesota state law treats home ownership in bankruptcy cases. If you recall, Minnesota is one of 15 states nation-wide that allow people who file bankruptcy to either use the property protections found in the Federal Bankruptcy Code or the property protections found in Minnesota Statutes to protect their interests in property - both real estate and personal property. In bankruptcy cases, when property is protected, the property is termed “exempt.” For many of my clients, the anxiety they feel regarding the decision of whether to file a bankruptcy case has to do with making sure that the property they own and want to retain is exempt.

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How Can I Keep My Family Out Of My Bankruptcy? – Part 2

Posted by William Kain on October 20

I’ve been writing about the interaction between a bankruptcy debtor and the debtor’s relatives for the past three weeks. During that time, I’ve looked at the complications that can arise from having relatives involved in a debtor’s financial affairs - and how almost every debtor who has been my client very much wants to keep family members from getting entangled in the debtor’s bankruptcy case.

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