When a person files for chapter 7 bankruptcy, they are allowed to claim certain property as “exempt,” or legally protected from creditors up to a certain value. Property that is exempt cannot be taken by the chapter 7 trustee to be used to pay the debtor’s creditors, whereas “nonexempt” property can be taken for that purpose. Minnesota allows debtors to elect either “State exemptions” or “Federal exemptions” to exempt, and protect, their property. The Federal exemptions are those specifically provided in the Federal Bankruptcy Code. State exemptions include any Minnesota State law, or applicable Federal law, not provided for in the Bankruptcy Code. Deciding whether to use State or Federal exemptions is complicated and better elaborated upon in other blogs. However, it is imperative that the debtor select the correct exemptions to use, as it often drastically impacts how much property they will be able to exempt. This is why it is also a good idea to discuss one’s potential bankruptcy case with an experienced bankruptcy attorney before filing one’s bankruptcy case.

If you have recently sold your home or are planning to sell your home prior to filing bankruptcy there are things to consider and discuss with your bankruptcy attorney regarding any remaining home proceeds from the sale. After the sale of the home, the proceeds should be kept separate from general income: wages, bonuses, pension income, and funds from the sale of other assets. The proceeds from the home sale maybe exemptible, if you qualify to use Minnesota exemptions and the sale of the home was within one year of the bankruptcy filing. (Your attorney can help you determine if you are eligible for Minnesota exemptions). It is important to note that home proceeds are not exemptible infinitely. If the home was sold over a year from the filing of the bankruptcy petition and proceeds remain from the home sale, these funds are not exemptible using the Minnesota homestead exemption. 

When you file for bankruptcy, you’re basically asking the bankruptcy court to relieve you of the obligation to pay some or all of your debts. As part of that process, you need to demonstrate to the court that you can’t pay all of your creditors in full. As a result, you will need to submit what may seem to be an overwhelming amount of paperwork to the court and the other parties to your bankruptcy case. This is intimidating for many people, especially if they don’t have an attorney to represent them. The documentation you submit is critical if you want your case to be successful - failing to submit the correct documents can jeopardize your case and even result in it being dismissed.

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.