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.

You can search for specific topics or just click around. If you can't find what you're looking for here or in our FAQs please Send Us A Message

5 Ways to Stop Creditor Harassment

Posted by William Kain on June 23

Best-ways-to-eliminate-credit-card-debt.pngDo any of the following situations sound familiar?

  • Do you have creditors breathing down your neck, constantly applying pressure on you for payment?
  • Are you at the point where you have stopped answering the phone, hoping the important callers will leave a message, just to avoid talking to your creditors?
  • Are you constantly worried when your employer will be contacted and your paycheck will start being affected?
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Stipulations for Receiving a Chapter 7 or 13 Bankruptcy Discharge

Posted by Wesley Scott on June 21

A discharge is a legal term used during bankruptcy and refers to the elimination of your liability from your debts. If you file Chapter 7 your discharge will be granted immediately upon case closing or if you file Chapter 13, your discharge occurs after you complete your repayment period.

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Chapter 7 Bankruptcy Process

Posted by Wesley Scott on June 18

To initiate the chapter 7 bankruptcy process you must file a petition. Along with this petition you must file the following:

  • Schedule of assets & liabilities
  • Schedule of current income and expenditures
  • Statement of financial affairs
  • Schedule of executor contracts and unexpired leases
  • Copy of the most recent tax year tax return or transcript
    • Previous unfiled tax returns
    • Tax returns filed during the bankruptcy case
  • Certificate of credit counseling (copy of debt repayment plan completed during credit counseling)
  • Evidence of payment from employers received 60 days before filing
  • Statement of monthly net income (plus any anticipated increase in income or expenses after filing)
  • Record of any interest in federal or state qualified education or tuition accounts
  • Schedule of exempt property
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How a Chapter 7 Bankruptcy Can Alleviate Your Stress

Posted by Wesley Scott on June 16

Your stress will begin to diminish the day you decide to file Chapter 7 bankruptcy. Taking action against your debts will take some of the pressure off – but taking action to abolish your debt completely will have you sleeping peacefully at night.

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What Are My Options for Personal Bankruptcy | Chapter 7

Posted by William Kain on June 11

Chapter 7 Bankruptcy is right for you if you have no assets to lose and, after paying basic monthly expenses, you have no money left to pay off debts. It gives you a fresh start and can alleviate your stress by removing your liability for repaying debt. Primary priorities for Chapter 7 filers should be to keep exempt assets and be relieved of all liability for as many debts as possible.

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A Personal Account of the Minnesota Bankruptcy Process

Posted by Wesley Scott on June 7

The Minnesota Bankruptcy Process isn’t as scary, threatening or intimidating as many believe. In fact, if you have an attorney on your side, these fears will likely be non-existent. It also helps to know that you are not alone. Many people visit bankruptcy attorneys every year – to seek advice, comfort and often assistance through the bankruptcy process. Here is an example of a young couple’s financial struggle and journey to debt freedom, it represents a common set of circumstances we see fairly frequently.

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Getting Access To Credit After a Chapter 7 Bankruptcy

Posted by William Kain on May 30

I meet with many people every month who are struggling financially. Most of these people want to know if filing a Chapter 7 or Chapter 13 bankruptcy case is right for them. Some ask me “what would you do?” in their situation. The complete, thorough answer to this question requires me and my clients to look at their current situation carefully, and then analyze what the outcomes will be to them if they take no affirmative action to resolve their financial problems, what the outcomes will be if the clients decide to attempt an informal agreement with their creditors to pay back all or part of the debt owed without filing bankruptcy, and what the outcomes will be if they file a bankruptcy case - either Chapter 7 or a Chapter 13 case.

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Need to Get Out of Debt Fast? Consider All Your Options

Posted by Wesley Scott on May 25

Let’s say you have $50,000 in credit card debt and your situation has gotten to the point where you can’t keep up with your payments. Something has to be done in order for you to take care of your family, get your life back in control and so on.

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An Eagan MN Bankruptcy Lawyers Explanation of Chapter 7 and 13 Bankruptcy

Posted by Wesley Scott on May 8

Wondering if I can explain to you what a Chapter 7 and Chapter 13 Bankruptcy is so that you can understand it in English? Of course, I can! After all, I am the managing partner at Kain & Scott, Eagan, Minnesota’s oldest bankruptcy law firm - since 1972. Let's start by taking a closer look at the basics of how a Chapter 7 and Chapter 13 bankruptcy actually work.

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Everything You Need To Know About Filing Bankruptcy As A Sole Proprietor

Posted by Erick Bohm on February 24

Operating as a Sole Proprietor can be exciting and stressful at the same time. One of the biggest reasons it can be stressful is because you are personally liable for what happens. Unlike having an LLC, corporation, or partnership, you are personally on the hook for anything that happens. When debts become due, creditors can come after you directly to collect.

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Bankruptcy Basics For Debtors in Minneapolis

Posted by Wesley Scott on January 9

Hi everyone! So you are on line searching for information on the basics of bankruptcy. How does it work? What are the differences between a chapter 7 and a chapter 13? Which bankruptcy looks better on my credit report? These are all great questions right? But, can someone explain them in simple terms? I can! 

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What are my debt consolidation options?

Posted by Wesley Scott on January 6

Debt is stressful, no matter what caused you to fall and lose control of your finances. Whether or not it was poor financial decisions or an unexpected medical emergency that began your spin out of control, debt needs to be handled as soon as it becomes a situation.

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Non-Dischargeable Debts: Debts That won't Go Away in Bankruptcy - Part 3

Posted by William Kain on December 13

In my last two blogs, I looked at debts that aren’t discharged in a bankruptcy case. Two weeks ago I looked at debts that are never discharged - student loans, most income tax debt, obligations to pay child support or spousal maintenance, to name a few. These debts are presumed to be non-dischargeable in a bankruptcy case. That means that the creditor does not have to bring an action in bankruptcy court to determine that these kinds of debts are not subject to a bankruptcy debtor’s general discharge; if there is going to be a judicial determination of dischargeability, the bankruptcy debtor has to bring the action to determine whether the debt can be discharged in the bankruptcy case, and the presumption is that the debt is not subject to discharge.

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Who Is Kain & Scott And Why Does It Matter To Me?

Posted by Wesley Scott on December 9

I seldom like to write about ourselves. I guess it’s my Minnesota upbringing that makes me shy away from tooting our own horn for any reason. But, then it dawns on me, we have to tell our story so our Minnesota guests can understand who we are and why it’s important to those of you reading this blog. If you are considering filing a bankruptcy in the state of Minnesota, this blog is important to you- keep reading!

Finding and meeting a Bankruptcy Lawyer to help you get your life back is very important. This is an emotional time for you and you need someone who understands what you are going through. With this in mind, let me tell you who Kain & Scott is.

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Non-Dischargeable Debts: Debts That won't Go Away in Bankruptcy - Part 2

Posted by William Kain on December 8

Last week, I wrote about 8 debts that a bankruptcy debtor may have that are not discharged, even if the bankruptcy client receives a “general” discharge. The kind of debts I wrote about - child support, most taxes, student loans, to name a few - are debts that are never discharged in a bankruptcy case.

People who file a bankruptcy with the types of debts that are never discharged must bring a lawsuit against the creditor in bankruptcy court if they feel, for some reason, that the debt in question should be discharged, despite its characterization. It’s up to the debtor to do this; if the debtor does nothing to contest the non-dischargeability of the debt, the bankruptcy debtor remains liable for the debt after discharge.

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