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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What Are My Duties If I File Chapter 13 Bankruptcy?

Posted by Wesley Scott on December 11

When you invoke the power of the bankruptcy court, seeking protection from your creditors, you also have duties as well. Section 521 of the Bankruptcy Code outlines many of these duties. Chapter 13 debtors must file a host of schedules with the bankruptcy court and these schedules are verified under penalty of perjury. As such, these schedules must be complete and accurate. Filing inaccurate or incomplete schedules with the bankruptcy court may result in debtor being denied confirmation of the Chapter 13 plan, and worse, a denial of discharge or being charged with bankruptcy fraud.

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Limit Your Financial Stress During the Holidays

Posted by William Kain on December 10

The holidays are a time for parties and gift-giving, as well as travel or hosting out-of-town family and friends. It feels good to find the perfect gift for each loved one or to put out a gorgeous spread for a holiday party, however, increasing credit card balances can be in the back of your head, causing you constant stress during the season that should be joyful. The good news is that the holidays don’t have to be stressful if you follow some simple tips for holiday spending.

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What Is The First Step To Filing A Chapter 13 Bankruptcy

Posted by Wesley Scott on December 9

The first step in filing a Chapter 13 Bankruptcy is to find a competent and local bankruptcy attorney who can represent you in your Chapter 13 Bankruptcy case. There are two major pitfalls to avoid in searching for competent instate licensed and local bankruptcy attorney.

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What Happens To Fraudulent Transfers In Chapter 13 Bankruptcy

Posted by Wesley Scott on December 8

If you were to file a Chapter 7 Bankruptcy and you had transferred an asset to anyone within two years prior to the time you filed the Chapter 7 Bankruptcy, you are going to run into Section 548 of the Bankruptcy Code and you will not like it.

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What Does A Chapter 13 Trustee Do With A Preference?

Posted by Wesley Scott on December 7

We have discussed what the two most common types of preferences are previously. In consumer debtor cases, a preference is typically a payment of $600 or more to a general unsecured creditor made within 90 days prior to filing the Chapter 13 Bankruptcy. It is also considered a preference to pay a family member or business associate $600 or more within the previous one year period prior to filing a Chapter 13 Bankruptcy.

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What Is A Preference In Chapter 13 Bankruptcy And How It Works

Posted by Wesley Scott on December 5

Section 547 of the Bankruptcy Code covers preferences. Think of a preference like this- on the eve of filing bankruptcy, you preferred one creditor over another by paying one creditor and not the others. There are, generally speaking, two types of preferences.

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Why You Should Have an Attorney Complete Your Bankruptcy Petition

Posted by William Kain on December 5

The bills are piling up, and creditors are knocking at your door, so you’ve decided to file for bankruptcy. Because you’re already in a financially difficult situation, you don’t want to take on more debt, and you’ve heard that attorneys are expensive. As a result, you’ve decided to file your bankruptcy petition on your own, which is referred to as proceeding “pro se.” You’ve started filling out the forms and assembling the documents, and the process seems pretty straightforward. While it’s true that you don’t have to have an attorney handle your bankruptcy case, very few pro se bankruptcies are successfully completed. In this post, we’d like to discuss how an experienced bankruptcy attorney can be a tremendous help.

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Facing Foreclosure: Chapter 13 Bankruptcy Can Help

Posted by William Kain on November 29

No one likes to think about losing their home to foreclosure. It’s a scary time - not only are you looking at the possibility of losing your home and having your family displaced, but foreclosure can also be financially disastrous. Aside from the damage to your credit, it also wipes out any value you have paid into the house such as your down payment and monthly mortgage payments. If you’re facing foreclosure, filing for Chapter 13 bankruptcy can help you avoid foreclosure and maybe even keep your home.

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Holiday Spending and Bankruptcy

Posted by William Kain on November 29

It’s that time of the year! The holidays are upon us, which of course includes holiday shopping. It’s no secret that Americans like to shop, and we do the bulk of our shopping in the days leading up to Christmas. The National Retail Federation reports that we will each spend an average of $1,007.24 this year, a significant amount of money. Most of this will be on gifts for others, but let’s be honest - some of it will be spent on gifts for ourselves. And let’s not forget the money spent on gas, parking, and dining out while shopping. If you host parties, travel out of town for the holidays, or have college kids that need airfare, all of it adds up to a pretty hefty expense that can hit you like a pile of bricks in the very near future.

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Frequently Asked Questions about Bankruptcy

Posted by William Kain on November 29


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How Bankruptcy Can Help after a Serious Illness

Posted by William Kain on November 15

It’s widely known that overwhelming medical debt pushes many Americans into bankruptcy, even if the specific percentage of bankruptcy cases is hotly debated. If you’re recovering from a major illness, the overall numbers don’t matter - the important fact is that you’re drowning in medical debt. Maybe you’ve lost income, or maybe you’re now partially or totally disabled as a result of your medical condition. Whatever your situation, you’re probably extremely anxious about your future and understandably so.

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Discharging Debts in Bankruptcy

Posted by William Kain on November 13

The ultimate goal of a consumer bankruptcy case is the discharge of debts. While a discharge can greatly improve your financial situation, it is not a magic eraser that wipes out all types of debts. The following are some frequently asked questions about the debt discharge at the end of a bankruptcy case.

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Posted by Wesley Scott on November 10

So, you are thinking about filing Chapter 7 Bankruptcy and you say to yourself, I don’t want to lose my Harley Davidson Some folks are a lot like me, they have high anxiety and want to know who exactly is involved in this process and what do they do?

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Posted by William Kain on November 9

In an earlier post, I wrote about the decision-making process that our clients go through in determining whether to file a bankruptcy case.  The last post dealt in large part with the advisability of thinking through the financial problems carefully, and involving friends and relatives to get a sense of whether these supporters think the bankruptcy option is a good one.  At the end of the post I wrote that seeing an attorney is essential to good decision-making regarding the wisdom of filing a bankruptcy case.

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Repayment Plans in Chapter 13 Cases

Posted by William Kain on November 8

Instead of liquidating assets, Chapter 13 bankruptcy requires you to make monthly payments for three to five years before you can receive a discharge. The court will want to make sure you have enough regular income to make reasonable payments toward your debts. If you don’t have enough income, you may have to file for Chapter 7 bankruptcy instead of Chapter 13. The following is some additional information about how repayment plans work in a Chapter 13 case.

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