Recently, I came across a set of circumstances that left me baffled. LifeBack Law Firm chose to represent bankruptcy clients where the clients had an original attorney of record who refused to complete their representation in bankruptcy. LifeBack Law would never leave a client stranded and left to their own devices. And yet, this original attorney of record did exactly that. She left the clients dangling even the though she is and still is the client’s original attorney of record.

There are many options to try and resolve an abundance of debt.  Many of our clients seek these options before filing bankruptcy and that’s okay, since bankruptcy can be an intimidating process.  So, let’s breakdown your other options.

One of the most common questions we field this time of year is whether personal income tax debt is dischargeable. So many people are under the impression that tax debt can never be discharged in a bankruptcy, but that is not always the case! As with many things in life, and bankruptcy, the answer is not a simple yes or no. Read more to find out if your tax debt might be discharged in a bankruptcy.

A common question I receive is whether there is a minimum debt requirement to file a bankruptcy? Good news! The answer, which may surprise you, is no.

In bankruptcy, a debtor sometimes has property that is nonexempt, meaning not legally protected from being taken to satisfy debts owed to creditors.  In a chapter 7 bankruptcy case, this means the debtor must surrender the nonexempt property to the trustee, or pay the trustee to keep it, which the trustee then uses to pay towards the debtor’s debts. In a chapter 13 case, the debtor is permitted to keep the nonexempt property but must pay, at minimum, the value of the nonexempt property to their unsecured creditors in their repayment plan.  

If you have filed a bankruptcy, or are considering filing a bankruptcy, and have done any research, you may have come across the phrase “preference payment” and asked yourself, “what does that mean?” Well, rest assured, you are not alone in asking this question. This post will discuss preference payments and what they mean with respect to a bankruptcy filing.

I am reminded often of how we go the distance with clients at Kain & Scott. Part of our job at Kain & Scott is to make sure the client has the best fresh start possible. Sometimes that means bringing claims on behalf of the client without charging the client. In fact, at Kain & Scott, we often bring objections, responses, and motions and then attend the hearings on behalf of the client all for free. Why do we do this? Because it is the right thing to do. Sometimes these claims would cost the client far more in attorney’s fees than they are worth pursuing. I think the creditors and trustees often know this so these claims remain just that, claims.

 If you are considering filing Chapter 7 or 13 Bankruptcy in Mankato, Minnesota, avoid this. You will find that bankruptcy law firms advertise in Mankato. You will also find that some firms claim to have an office open in Alexandria from 7 am to 9 pm. And yet, when you go to the location during these hours, the doors are locked. Moreover, the location is in the basement of a building actually belongs to another law firm altogether.

Have you ever been interested in a topic and wanted to research it but there was no one place to research everything you want and need to know about the topic? That is more than frustrating right? I could not agree more. That is why Kain & Scott set out to build and maintain Minnesota’s LARGEST Chapter 7 and 13 Bankruptcy website at www.kainscott.com. At www.kainscott.com you will find everything you are looking for about what is Chapter 7 and 13 Bankruptcy, what is the bankruptcy process, what are the costs, and many do’s and don’ts before and after filing bankruptcy.

So, you are thinking about filing Chapter 7 Bankruptcy and you say to yourself, I don’t want to lose my Harley Davidson Some folks are a lot like me, they have high anxiety and want to know who exactly is involved in this process and what do they do?

In an earlier post, I wrote about the decision-making process that our clients go through in determining whether to file a bankruptcy case.  The last post dealt in large part with the advisability of thinking through the financial problems carefully, and involving friends and relatives to get a sense of whether these supporters think the bankruptcy option is a good one.  At the end of the post I wrote that seeing an attorney is essential to good decision-making regarding the wisdom of filing a bankruptcy case.

In an earlier post, I started writing about a common issue in chapter 13 bankruptcy cases: a change in income experienced by the debtor while the chapter 13 plan is open.  The last post looked at why this is an issue - namely, the 2005 revision of the bankruptcy law that required chapter 13 bankruptcy debtors to annually send the chapter 13 trustee copies of filed state and federal income tax returns.  It’s from that tax information that a chapter 13 trustee can ask individuals already in confirmed chapter 13 plans to adjust their income and expense schedules to more accurately reflect the debtor’s month-to-month financial situation.

A chapter 13 bankruptcy is a very helpful tool for many people who are encountering overwhelming financial problems.  For individuals dealing with a potential mortgage foreclosure, chapter 13 offers a structured, affordable way to keep families in their homes.  For a person who has a car payment that has unexpectedly become too expensive, chapter 13 offers a way to restructure the car loan to make the payment more affordable.  For the person who is dealing with child support arrears, or back income taxes, chapter 13 provides a structure to pay these important obligations. 

So, you are thinking about filing Chapter 7 Bankruptcy and you say to yourself, I don’t want to lose my Harley Davidson worth 8k and no liens against it right? So, what do you do? You transfer the title to the Harley to your brother for nothing. Problem solved right? Wrong!

To understand what a reaffirmation agreement is in Chapter 7 Bankruptcy, you first must understand what the goal of a Chapter 7 Bankruptcy is. The goal of a Chapter 7 Bankruptcy is to obtain a Chapter 7 Bankruptcy discharge. A Chapter 7 Bankruptcy discharge absolves you of your personal liability for the underlying debt. Creditor must write the debt off and is not able to pursue debtor for the debt again.

I think one of the most anxiety producing events for a client is the meeting of creditors or 341 meeting. This is the meeting where the Chapter 7 trustee has debtor verify that the information on the schedules is true and correct and complete.