Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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.)…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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:…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

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…

Attorney Aaron Hall

Where to File & What Happens After | Minnesota Bankruptcy Court

A bankruptcy case normally begins by the debtor filing a petition with the federal bankruptcy court. There are federal courts all over the country. State courts are not permitted to hear bankruptcy cases. State courts do not have authority over bankruptcy cases. Who May File a Bankruptcy Petition and Other Documents? A petition may be…

Attorney Aaron Hall

Chapters 7, 9, 11, 12, 13, 15 | Minnesota Bankruptcy Court System

Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. Federal Bankruptcy Courts Most cases are filed under…