Bankruptcy

<h2>Minnesota Bankruptcy Case: If Omissions are Not Material or Not The Result of Fraudulent Intent, Debtor Will Get a Discharge</h2> The following is a summary of a <a href=”http://minnesotabankruptcyattorney.com/category/minnesota-bankruptcy-cases/”>Minnesota bankruptcy case</a> or a case relevant to Minnesota bankruptcy law. <h2>Minnesota Bankruptcy Case:</h2> <em>Bernhardt v. Radloff (In re Radloff)</em>, 418 B.R. 316 (Bankr. D. Minn. 10/8/09)…

Minnesota Bankruptcy Case: If Omissions are Not Material or Not The Result of Fraudulent Intent, Debtor Will Get a Discharge The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Bernhardt v. Radloff (In re Radloff), 418 B.R. 316 (Bankr. D. Minn. 10/8/09) (Kishel,…

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Tri-State Ins. Co. of Minn. v. Stewart (In re Stewart), ADV 09-3092 (Bankr. D. Minn. 1/15/10) (O’Brien, J.). Case Summary: Embezzlement Established by Collateral Estoppel Stewart was the former owner and operator of a…

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Medlock v. Meahyen (In re Meahyen), 422 B.R. 192 (Bankr. D. Minn. 2/4/10) (Kressel, J.). Case Summary: Real Estate Agent Defrauded His Customer The plaintiff sued the debtor, seeking to except the debtor’s debt…

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Doeling v. Coating Specialties, LLC (In re Toftness), ADV 09-6015 (Bankr. D. Minn. 6/1/10) (O’Brien, J.). Case Summary: Failure to List Assets Results in Denial of Discharge The trustee sued to revoke the debtor’s…

Minnesota Bankruptcy Case: Building Contractors Default Does Not Rise to the Level of Fraud, Theft, or Conversion The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Laudon v. Yozamp (In re Yozamp), ADV 09-6029, (Bankr. D. Minn. 8/3/10) (O’Brien, J.) Case Summary: Building…

Minnesota Bankruptcy Case: One Partner Takes Another for a Ride. Resulting Debt is Nondischargeable The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: West v. Hanson (In re Hanson), ADV 09-6023, (Bankr. D. Minn. 8/3/10) (O’Brien, J.) Case Summary: One Partner Takes Another…

The purpose of bankruptcy proceedings, the reason a person seeks bankruptcy, is to gain relief from bills the person is unable to pay. Under the Bankruptcy Code, a person may gain a discharge through bankruptcy. This means the bankruptcy court determines that the person no longer has to repay that debt – ever. Another potential…

If you owe a debt you have failed to pay, despite a court order to do so, and you have money held at a financial institution, your creditor may garnish your bank account. If you can pay your debt, you should. If you cannot pay your debt, do not hide from it. Consider bankruptcy. Talk…

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…

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…

When debts are owed and unpaid, creditors begin to explore remedies for collection. Creditors may hire collection agencies, which often harass people until they pay. It may be helpful to inform a creditor if you are thinking about bankruptcy. If your debt to the creditor can be negotiated and you no longer have to file…

The world economy is still struggling to recover from the shattering effect of the recent financial depression. Unemployment rates and the dragon of inflation are still widely out of control. Quite naturally, millions of people are struggling to survive in this economically turbulent weather. Under the circumstance it is rather too easy for people to…

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…

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 Case: Means Test Does Not Apply to a Case Converted from Chapter 13 to Chapter 7 The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Chapman, 431 B.R. 216 (Bankr. D. Minn. 6/10/10) (Kishel, J.). Case Summary: Means Test…

Minnesota Bankruptcy Case: Debtors Cannot Modify 60 Month Plan to a 43 Month Plan Unless They Have a Good Reason The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Savage, 426 B.R. 320 (Bankr. D. Minn. 3/25/10) (Kishel, J.). Case Summary:…

Minnesota Bankruptcy Case: Objections to Individual Chapter 11 Plan Overruled The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Feneis, BKY 09-60317 (Bankr. D. Minn. 1/20/10) (O’Brien, J.). Case Summary: Objections to Individual Chapter 11 Plan Overruled The debtor, Feneis, filed…

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Bank Northwest v. Potts (In re Potts), 421 B.R. 518 (B.A.P. 8th Cir. (Mo.) 1/12/10) (Saladino, J.). Case Summary: Chapter 13 Plan May Modify Secured Creditors’ Default Remedies The Eighth Circuit BAP affirms confirmation…

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: McCarthy v. McCarthy (In re McCarthy), 2010 WL 3269801 (D. Minn. 8/17/10) (Doty, J.). Case Summary: Obligation to Pay a Joint Marital Debt Creates a Nondischargeable Debt to Former Spouse The parties to this…