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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Should I pull asset and credit reports before filing Chapter 13 Bankruptcy?

Posted by Wesley Scott on December 24

So, you are preparing to file Chapter 13 Bankruptcy. You have hired a licensed and local Chapter 13 Bankruptcy attorney in your state. You have not called any out of state companies and you have dismissed any law firm that would have you meet with a paralegal.

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What happens to my co-debtors in a Chapter 13 Bankruptcy?

Posted by Wesley Scott on December 23

Many debtors have co-debtors on the debts they owe. For example, debtor may have had a relative or friend co-sign their vehicle loan. If debtor does not pay on the loan, bank will look to co-signor for payment. Co-debtor or a co-signer is a person who pledges their liability on the loan should debtor refuse to or not be able to pay on the loan. Banks routinely ask for co-signers as a way of protecting the loan and making sure the bank is repaid. Co-signing is a form of collateral for the bank, protection against the loan going unpaid if you will.

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Can A Debtor Waive Their Right To A Bankruptcy Discharge in a Contract?

Posted by Wesley Scott on December 22

Think about this for a moment. Can a creditor write in a contract, any contract, that you waive your right to file bankruptcy on this debt/contract, and therefore, further protect creditor’s ability to get paid back on a debt? Wouldn’t this be clever for a creditor to do this? Wouldn’t all creditors do this? If this were possible, and enforceable, all lawyers for creditors would be committing malpractice if they failed to write a provision into every contract waiving debtor’s right to file bankruptcy on this debt.

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What Happens After A Chapter 13, 341 Meeting, Motion For Relief?

Posted by Wesley Scott on December 21

After a Chapter 13 341 meeting, what happens next? There are a variety of things that can happen after a Chapter 13 341 meeting. One of those events that could happen is a creditor may bring what we call a motion for relief from the automatic stay.

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What Happens After A Chapter 13 Hearing? Adversary Proceedings

Posted by Wesley Scott on December 20

People often want to know what happens after a Chapter 13 Bankruptcy hearing. The next step is a confirmation hearing where the bankruptcy court approves or “confirms” the Chapter 13 Bankruptcy plan. But, prior to the confirmation hearing, creditors also have a chance to object to debtor discharging debts with creditor for certain reasons identified in Section 523 of the Bankruptcy Code.

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What Happens and Who Attends A Chapter 13 Meeting Of Creditors?

Posted by Wesley Scott on December 19

Section 341 of the Bankruptcy Code requires debtor(s) to submit to an examination, under oath, by the Chapter 13 trustee, or a representative of the trustee. The general purpose of the meeting is for the trustee to examine the debtor and debtor’s schedules to make sure all debtor(s) assets and debts are listed on the schedules and that debtor has listed all of her income and expenses as well. Part of the function of a Chapter 13 trustee is to determine whether debtor(s) schedules and proposed plan comply with federal bankruptcy law.

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Can Credit Card Companies Fight a Discharge?

Posted by William Kain on December 18

Credit card debt is a major reason why people file for bankruptcy in Minnesota. Credit card debt can get out of control for many different reasons, some of which are beyond your control. If a household member loses a job or suffers a serious illness, you need to rely on credit cards to pay your bills and cover basic expenses. Meanwhile, you may only be able to afford the minimum monthly payment, which can result in excessively inflated balances due to high interest rates. Before you know it, you may see no possible way that you will be able to pay off your credit cards.

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What Are The Chapter 13 Bankruptcy Trustee's Duties?

Posted by Wesley Scott on December 17

I have often described Chapter 13 Bankruptcy like a “government sponsored debt consolidation plan”, because that is what it is. In simple terms, the function of a Chapter 13 trustee is to collect funds from debtor(s) and disburse those funds to debtor(s)’s creditors based on an approved plan. Now, the trustee must examine the schedules, and the plan, to make sure the proposed plan complies with all legal requirements under the law. If the plan does not, the Chapter 13 trustee’s job is to object to debtor’s plan until it does.

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What Happens And Who Attends The Chapter 13 Meeting Of Creditors?

Posted by Wesley Scott on December 16

Section 341 of the Bankruptcy Code requires debtor(s) to submit to an examination, under oath, by the Chapter 13 trustee, or a representative of the trustee. The general purpose of the meeting is for the trustee to examine the debtor and debtor’s schedules to make sure all debtor(s) assets and debts are listed on the schedules and that debtor has listed all of her income and expenses as well. Part of the function of a Chapter 13 trustee is to determine whether debtor(s) schedules and proposed plan comply with federal bankruptcy law.

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Looking For A Bankruptcy Attorney in Mankato, MN?

Posted by Wesley Scott on December 15

If you are looking for a bankruptcy attorney in Mankato, Minnesota, it pays to look at the law firm’s website first. Only select the law firm with the LARGEST Chapter 7 and Chapter 13 Bankruptcy website in Minnesota. Why would you want to research bankruptcy on a bare bones site when you can research to your hearts content on Minnesota’ LARGEST Chapter 7 and 13 Bankruptcy website?

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Do I Have To Get Credit Counseling Before Filing Chapter 13 Bankruptcy

Posted by Wesley Scott on December 14

Yes, you do. As part of the bankruptcy law changes handed down in 2005, Congress now requires each debtor in bankruptcy to have to go through a US Trustee qualified credit counseling and obtain a certificate (which gets filed with the bankruptcy court) prior to filing Chapter 13 Bankruptcy. If you fail to complete this course and file a certificate with the bankruptcy court, your bankruptcy case will get dismissed. Crazy stuff right?

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New Year’s Resolution: Taking Control of Your Debt

Posted by William Kain on December 13

Many people make New Year’s resolutions to exercise more, eat healthier, or be kinder to others. But what about resolving to address your financial situation? A lot of people facing financial stress and debt tend to sweep it under the rug. It may feel so overwhelming that they think there is nothing that can be done about it. This is not the case, however, as our experienced bankruptcy attorneys have helped many people overcome even the most serious financial situations. The following are only some debt-related resolutions that can make for a happier 2019.

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Common Information Needed To File Chapter 13 Bankruptcy

Posted by Wesley Scott on December 12

Once the decision to file Chapter 13 Bankruptcy has been made, there are documents that you should gather to make the process of filing bankruptcy easier. We already know that credit reports and asset reports should be pulled as part of the process. But, there is more information that is needed by your attorney. If you would like to be your attorney’s hero, starting gathering these documents now.

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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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