Minnesota Bankruptcy: Bankruptcy or Wage Garnishment?

Minnesota Bankruptcy: Bankruptcy or Wage Garnishment?

Sometimes when someone owes a debt he or she can’t pay, the person will consider avoiding the creditors completely. First creditors make phone calls, then threats of legal action. Sometimes debtors have assets or income even though they are unable to repay a debt. Sometimes the debtor’s income is consumed by payments for necessities – for…

Bankruptcy is a Better Alternative to Ignoring Creditors

Bankruptcy is a Better Alternative to Ignoring Creditors

When a person owes a debt and can’t pay it, they often feel there is little they can do. First creditors begin calling the debtor, asking the debtor to pay up. Next, creditors begin threatening the debtor that the creditors will hire a collection agency or take legal action against the debtor if the debtor…

The Creditors’ Collection Efforts and the Alternatives to Bankruptcy

The Creditors’ Collection Efforts and the Alternatives to Bankruptcy

In order for a creditor to collect a debt that the debtor hasn’t paid, a creditor will begin legal action against the debtor. If you are the debtor, this can make the relentless phone calls and non-stop badgering from creditors seem minor. You should contact an attorney. An attorney can help you determine whether bankruptcy…

The First Debt Collection Efforts of Creditors Before Bankruptcy

The First Debt Collection Efforts of Creditors Before Bankruptcy

Minnesota Bankruptcy: The First Debt Collection Efforts of Creditors Before Bankruptcy The first steps a creditor may take in trying to collect debt from you, if you haven’t already filed for bankruptcy and had the debt discharged, is to obtain a judgment against you. Creditor Steps in Taking Legal Action A judgment is an order…

The Main Bankruptcy Courts and the Bankruptcy Appeals Courts

The Main Bankruptcy Courts and the Bankruptcy Appeals Courts

Minnesota Bankruptcy Litigation: The Main Bankruptcy Courts and the Bankruptcy Appeals Courts Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Litigation in the bankruptcy court is conducted in much the same way…

Minnesota Bankruptcy Process: From Petition to Objections

Minnesota Bankruptcy Process: From Petition to Objections

Are you struggling with overwhelming debt due to unexpected expenses, job loss, or other financial setbacks? Are your creditors harassing you with collection calls, lawsuits, or wage garnishment? Are you considering filing for bankruptcy but feel intimidated by the legal jargon, the complex procedures, and the uncertain outcomes? Don’t worry, you are not alone, and…

Minnesota Bankruptcy: Protections for Members of the Military

Minnesota Bankruptcy: Protections for Members of the Military

The brave men and women serving in our military put their lives on the line to defend our country. However, their service can take a significant toll on their personal and financial lives. That’s where the Servicemembers Civil Relief Act (SCRA) comes into play. In this article, we’ll explore the essential protections provided by the…

Debtors Living Apart to Combine Incomes for Chapter 13 Plan

Debtors Living Apart to Combine Incomes for Chapter 13 Plan

Minnesota Bankruptcy Case: Statute Requires Debtors Living Apart to Combine Incomes for Chapter 13 Plan The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Harman v Fink (In re Harman), 2010 WL 3447772 (B.A.P. 8th Cir. (Mo.) 9/3/10) (Kressel, C.J.) Case Summary: Statute…

Minnesota Bankruptcy Discharge: Timing of Discharge

Minnesota Bankruptcy Discharge: Timing of Discharge

Bankruptcy can be a daunting process to navigate, with many different filing options and potential outcomes. It’s important to understand which debts can be discharged and which cannot, as well as the different types of bankruptcy filings available. In this blog post, we’ll explore the ins and outs of bankruptcy and provide a helpful guide…

Attempt to Modify Plan to Increase Commitment Period from 30 to 60 Months Rebuffed

Attempt to Modify Plan to Increase Commitment Period from 30 to 60 Months Rebuffed

Minnesota Bankruptcy Case: Trustee’s Attempt to Modify Plan to Increase Commitment Period from 30 to 60 Months Rebuffed The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Bailey, 425 B.R. 825 (Bankr. D. Minn. 3/10/10) (O’Brien, J.). Case Summary: Trustee’s Attempt…

Consumer Debt and Case Dismissed as Substantial Abuse

Consumer Debt and Case Dismissed as Substantial Abuse

Minnesota Bankruptcy Case: Home Loan Not Signed by Debtor is Consumer Debt and Case Dismissed as Substantial Abuse The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Lapke v. Mutual of Omaha Bank (In re Lapke), 428 B.R. 839 (B.A.P. 8th Cir. (Neb.)…

Closing an Individual Chapter 11 Case Before Discharge

Closing an Individual Chapter 11 Case Before Discharge

Minnesota Bankruptcy Case: Whether to Close Individual Chapter 11 Case Before Discharge is Within Court’s Discretion The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Shotkoski v. Fokkena (In re Shotkoski), 420 B.R. 479 (B.A.P. 8th Cir. (S.D.) 11/24/09) (Saladino, J.). Case Summary:…

Minnesota Business Bankruptcy & Alternative Options

Minnesota Business Bankruptcy & Alternative Options

It’s not uncommon for business owners to encounter unforeseeable problems. Owning a business is a risk. Business owners considering bankruptcy often find themselves dealing with the psychological factors, considering alternatives, and trying to understand the process. This article summarizes these areas. The Psychological Toll Often the thought of filing bankruptcy triggers anxiety, stress, and sometimes…

Amended Franchise Rule | Starting a Franchise in Minnesota

Amended Franchise Rule | Starting a Franchise in Minnesota

Are you interested in starting a franchise in Minnesota? An important first step is understanding the FTC’s amended Franchise rule. Note: This series of posts covering the admended Franchise Rule does not modify the amended Rule. It explains the requirements of the amended Rule. Moreover, it does not exhaustively cover every requirement contained in the…

Minnesota Business: The Automatic Stay Preventing Collection Efforts During the Bankruptcy Process

Minnesota Business: The Automatic Stay Preventing Collection Efforts During the Bankruptcy Process

Often times, people who begin getting behind on their bills do not believe they will have to file for bankruptcy. They make every effort to pull themselves out of debt and get on top of their bills. At first, it may seem feasible. Eventually, the amounts owed may pile up faster than they can be…

Minnesota Bankruptcy: Determination & Section 341 Meeting After Filing

Minnesota Bankruptcy: Determination & Section 341 Meeting After Filing

People who are in debt know the routine of debt collectors and collection agencies all too well. A person in debt is called a debtor. The person who must be repaid for the debt is called a creditor. Everyone has heard the term bankruptcy. Most people think a bankruptcy involves the ability to no longer…

The Chapter 7 Bankruptcy Process in Minnesota

The Chapter 7 Bankruptcy Process in Minnesota

There are bankruptcy provisions for businesses, bankruptcy provisions for individuals, bankruptcy provisions for reorganization, and bankruptcy provisions for liquidation. Each individual or business must determine his, her, or its own needs and abilities when considering bankruptcy. Chapters of the Bankruptcy Code Chapter 7 bankruptcy is often referred to as the liquidation provision. There are alternatives…

Minnesota Bankruptcy: Don’t Forget to List Every Single Debt

Minnesota Bankruptcy: Don’t Forget to List Every Single Debt

If you are filing for bankruptcy in Minnesota, one of the biggest mistakes you can make is forgetting to list one of your debts or intentionally hiding it. If you don’t list a debt, you can’t get rid of that debt in bankruptcy. This point was recently emphasized on a bankruptcy case in the 7th…

Minnesota Bankruptcy Credit Counseling

Minnesota Bankruptcy Credit Counseling

If you live in Minnesota and plan to file for bankruptcy protection, you must get credit counseling from a government-approved organization within 180 days before you file. You also must complete a debtor education course to have your debts discharged in a Minnesota bankruptcy. Your Minnesota bankruptcy attorney will help explain this process. If you…

Common Minnesota Bankruptcy Questions

Common Minnesota Bankruptcy Questions

The following questions and answers regarding bankruptcy law in Minnesota are provided for people in Minnesota who are considering filing for bankruptcy. For advice specific to your situation, you should consult with a Minnesota bankruptcy lawyer. Will creditors stop harassing me if I file for bankruptcy? Yes. Once creditors are notified of your bankruptcy, they…

Minnesota Bankruptcy Law Overview

Minnesota Bankruptcy Law Overview

The following is an overview of Minnesota bankruptcy law. This Minnesota Bankruptcy Law Overview includes the following sections: Origin of Minnesota Bankruptcy Law Minnesota Bankruptcy Courts Types of Bankruptcy in Minnesota Eligibility for Minnesota Bankruptcy Property That Is Exempt in a Minnesota Bankruptcy Property That Is Excluded in a Minnesota Bankruptcy Origin of Minnesota Bankruptcy…

What Possessions Can I Keep?

What Possessions Can I Keep?

When I meet with people in Minnesota who are considering filing for bankruptcy, they often ask me about what exactly they will lose if they file for bankruptcy. In other words, what assets were possessions must they turn over in bankruptcy? Most importantly, people want to know whether they will be able to keep their…

Minnesota Bankruptcy: After Filing Bankruptcy Once, When Can I File Again?

Minnesota Bankruptcy: After Filing Bankruptcy Once, When Can I File Again?

This article provides help for people who have already filed for bankruptcy once and again find themselves in a difficult financial situation. Bankruptcy courts permit people, businesses, and other organizations to file for bankruptcy when they are unable to pay current bills under their current circumstances. The Bankruptcy Code is the set of laws permitting…

Minnesota Bankruptcy: The Bankruptcy Code, the Bankruptcy Rules, the Bankruptcy Courts, and the Bankruptcy Trustee

Minnesota Bankruptcy: The Bankruptcy Code, the Bankruptcy Rules, the Bankruptcy Courts, and the Bankruptcy Trustee

A person or business files for bankruptcy in order to get back on top. The three main ways to do this are under Chapter 7, Chapter 11, and Chapter 13 of the Bankruptcy Code. The Bankruptcy Code Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject…

Minnesota Bankruptcy Options: Terms to Understand

Minnesota Bankruptcy Options: Terms to Understand

Navigating any portion of the legal system can be very confusing to non-lawyers. Lawyers and judges, and sometimes creditors, become so accustomed to the legal language they use that they sometimes forget that many debtors do not often understand the terms they use. While there are many difficult legal terms in bankruptcy proceedings, some basic…

Complications and Consequences of Mistakes | Minnesota Bankruptcy Process

Complications and Consequences of Mistakes | Minnesota Bankruptcy Process

Filing for bankruptcy can be a complex process requiring much attention to detail. Corporations and partnerships are required to have an attorney in order to file for bankruptcy. While not required for individual people, having an attorney through the bankruptcy process may help protect more of your assets and discharge more of your debt, in…

Minnesota Bankruptcy Debt Elimination: What’s Eliminated and When?

Minnesota Bankruptcy Debt Elimination: What’s Eliminated and When?

Some types of debt are dischargeable through bankruptcy. This means that they are extinguished by the bankruptcy court and need not be repaid. Some types of debt are not dischargeable through bankruptcy. This means that despite successful completion of the bankruptcy proceedings, the debtor must still repay this debt. Credit card debt is dischargeable and…