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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


Posted by William Kain on March 13

One of the reasons people file bankruptcy cases is to preserve vehicle ownership. If the client has a car loan, a chapter 13 case in which the terms of the vehicle loan can be re-set to make the payment more affordable is often attractive.  Or some clients prefer the liquidation approach of a chapter 7, in which other, unsecured debts are discharged, thus freeing up money in the monthly budget to make the car payment easier to afford.

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What Happens Legally After Filing Chapter 7 Bankruptcy?

Posted by William Kain on March 8

Last week I started writing about the outcomes experienced by persons who file a Chapter 7 Bankruptcy case. There are legal, financial and emotional consequences to filing bankruptcy, and last week I wrote about the legal consequences of filing bankruptcy. There’s plenty to write about on this topic - this week I will continue to look at the legal outcomes of filing a chapter 7 case.
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Buying a Home or Car After Chapter 7 Bankruptcy in Minnesota

Posted by William Kain on March 8

If you’re afraid that filing Chapter 7 bankruptcy will prevent you from purchasing your dream home or concerned that you’ll be unable to replace a vehicle that was repossessed, don’t be! While some conditions do apply, it is still possible for you to buy a new house or car after filing for Chapter 7 in Minnesota.

And, if you file for Chapter 7 with Kain & Scott, you can take advantage of our Free 90 Day Credit Repair Program that will help you raise your credit score and obtain financing from one of our trusted Minnesota lenders to help you purchase the things your family needs.

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Posted by William Kain on March 5

Last week I wrote about why being able to file a chapter 13 bankruptcy case quickly is advantageous to debtors. Chapter 13 is often the “emergency” bankruptcy - in many cases that end up being filed as chapter 13s, a mortgage foreclosure is days away, or the repossession agent has been out looking for a client’s car to repossess.  Or in some cases, the repossession has already taken place and the owner has a short period of time in which to redeem the vehicle prior to the vehicle being sold at an auction.  So there are numerous situations in which time matters, and the time is short.  Being able to file quickly is an advantage - and at Kain & Scott we can file a case quickly and professionally.  So the question is, what is there about the Kain & Scott law firm that enables the firm to file a case quickly?

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Can Bankruptcy Protect You From A Lawsuit In Minnesota?

Posted by William Kain on February 28

Just like consumer bankruptcy can stop home foreclosure, wage garnishment, vehicle repossession, and most other types of adverse creditor action, bankruptcy can also stop lawsuits. Even if the trial is scheduled for tomorrow, bankruptcy can halt it.

For many people, a creditor lawsuit is a remote, theoretical possibility. They know it can happen, but they do not believe it will ever happen to them. Suddenly, there’s an unfamiliar knock on the door at an unusual hour and someone, usually a Minnesota peace officer, delivers a summons.

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Posted by William Kain on February 26

It is so common in my practice to meet with clients who have been experiencing financial distress for a long time. The clients have been fighting to keep their financial heads above water for, it seems to them, forever.  I’ve told many people I meet in conference that my best clients are the people who have fought hard to stay out of a bankruptcy and resolve their financial issues informally with their creditors.

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Posted by William Kain on February 21

For the past six weeks we’ve taken a pretty “deep dive” into the nuts and bolts of bankruptcy. This week, I’ll try to wrap this up with a look at the function of the bankruptcy discharge - the “finish line” for bankruptcy. Again, the lens through which I will look at this issue is the twin policy goals of bankruptcy - to treat creditors fairly and to allow debtors to live with dignity.

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Can Bankruptcy Be Filed On Medical Bills In Minnesota?

Posted by William Kain on February 19

Hundreds of your neighbors want to know the same thing, because medical bills are the leading cause of consumer bankruptcy in Minneapolis. For various reasons, these expenses have increased much faster than the cost of other goods and services, so the size of these bills catches many people off guard.

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Protecting Your Privacy During a Minnesota Bankruptcy

Posted by William Kain on February 9

One of the main concerns our clients have about filing for bankruptcy in Minnesota is the protection of their privacy.

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How Does Bankruptcy “Work” - Part 4

Posted by William Kain on February 8

For the last three weeks, I’ve written about the function of bankruptcy to serve the twin purposes Congress set out in passing bills that codified bankruptcy law into the Bankruptcy Code: treating creditors fairly and allowing debtors to live with dignity.  I’ve written about why the bankruptcy debtor has to list assets and liabilities accurately in her schedules, about the specific features of chapter 13, the benefits of the automatic stay in bankruptcy and the requirement that the bankruptcy debtor list all of her creditors in her bankruptcy paperwork.  This week, I’ll continue to look at how bankruptcy law and procedure seeks to meet the policy goals of Congress.

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Can Bankruptcy Stop Evictions In Minneapolis?

Posted by William Kain on February 6

Depending on the timing, bankruptcy’s automatic stay often stops eviction actions in Minneapolis, even if the wolves are already gathering at the door.

To fully answer this question, it’s important to understand how the eviction process works in the Gopher State. In most cases, landlords give notice of the defect and an opportunity to cure. Most Minneapolis evictions are based on unpaid rent. Some other common grounds include a lease violation (e.g. an unauthorized pet or roommate), drug activity, prostitution, weapons violations, or some other public nuisance, and a holdover tenancy. This letter is not a legal eviction notice, even if it contains the E-word.

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How Does Bankruptcy "Work" - Part 3

Posted by William Kain on January 31

In the last two weeks I’ve written about how bankruptcy "works" - the nuts and bolts of bankruptcy law so that the policy goals of bankruptcy law can be met. The two main underpinnings of bankruptcy are to treat creditors fairly and to allow debtors to live with dignity. My first blog dealt with the contents of the bankruptcy petition, schedules and statements - documents that must be filed in every bankruptcy case - and how the information contained in these documents further the policy goals of bankruptcy.

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Are Bankruptcy Discharged Debts Taxable In Minnesota?

Posted by William Kain on January 29

Typically, if someone else pays a person’s debts, the IRS considers such payments to be taxable income. Prominent exceptions include certain student loan repayments and gift repayments. Based on that analysis, many people think the answer to this question is a resounding “yes.” But it is actually a surprising “no,” because bankruptcy discharge is different from debt repayment.

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How Does Bankruptcy “Work” - Part 2

Posted by William Kain on January 24

Last week, I wrote about the nuts and bolts of bankruptcy - how bankruptcy “works.” In doing so, I concentrated on the paperwork any bankruptcy debtor has to file with the court: the bankruptcy petition, schedules and statements.  And I wrote about those documents through the lens of the two goals of bankruptcy: to treat a debtor’s creditors fairly, and to allow the debtor to live with dignity.  This week, I want to take a deeper look at how bankruptcy law attempts to satisfy those two goals.

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How Minnesota Bankruptcy Helps Senior Citizens Get Debt Relief

Posted by William Kain on January 20

Many seniors—perhaps after a lifetime of responsible spending and financial planning—find themselves in debt later in life. Typically, an upsurge in medical bills and related expenses causes seniors to fall behind on payments; because most seniors are on a fixed income, they sometimes lack the additional resources needed to pay for ongoing treatment or hospitalizations. With constant harassment from creditors and worries about liens and other aggressive collections actions, instead of enjoying your retirement you may end up even more stressed about money than ever before.

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