If Omissions are Not Material or Not The Result of Fraudulent Intent

If Omissions are Not Material or Not The Result of Fraudulent Intent

<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: Debtor Will Get a Discharge

Minnesota Bankruptcy Case: Debtor Will Get a Discharge

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,…

Building Contractors Default Does Not Rise to the Level of Fraud, Theft, or Conversion

Building Contractors Default Does Not Rise to the Level of Fraud, Theft, or Conversion

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…

One Partner Takes Another for a Ride. Resulting Debt is Nondischargeable

One Partner Takes Another for a Ride. Resulting Debt is Nondischargeable

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…

Minnesota Bankruptcy Discharge: The Ban on Collection

Minnesota Bankruptcy Discharge: The Ban on Collection

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…

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…

Objections to Individual Chapter 11 Plan Overruled

Objections to Individual Chapter 11 Plan Overruled

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…

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.)…

Chapter 13 Plan May Modify Secured Creditors’ Default Remedies

Chapter 13 Plan May Modify Secured Creditors’ Default Remedies

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…

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:…

Obligation to Pay a Joint Marital Debt Creates a Nondischargeable Debt

Obligation to Pay a Joint Marital Debt Creates a Nondischargeable Debt

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…

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…

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…