Welcome To The MN Bankruptcy Blog

Inside you will find over 500 helpful articles discussing the Chapter 7 & 13 Bankruptcy Process and other solutions for difficult financial situations.

 

      Amanda Scharber

      Amanda Scharber
      For me, one of the greatest joys of being a bankruptcy attorney is seeing the look on my client’s face after the initial consultation, when they typically realize their burden can be lifted.

      Recent Posts

      I Received a Judgment in Minneapolis, Minnesota, should I file bankruptcy?

      Posted by Amanda Scharber on December 3

      Receiving notice of a judgment can be scary and very unfamiliar. If you have been notified of a judgment from one of your unsecured creditors, you may be wondering what your next step should be.

      Call LifeBack Law to schedule a free consultation with one of our licensed attorneys. We have offices around Minnesota in St. Paul, St. Cloud, Maple Grove, Eden Prairie, Duluth, Eagan, and Brainerd. Appointments can be done in-person or virtually (phone, Zoom, Skype, or FaceTime) and usually last a half hour to one hour. During the appointment the attorney will get information regarding your situation and then discuss options, including whether a bankruptcy is the right fit for you. 

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      What will my Credit Report Look like After Filing Bankruptcy in Minneapolis, Minnesota

      Posted by Amanda Scharber on November 26

      If you live in Minneapolis, Minnesota and have recently filed bankruptcy or are thinking of filing, you may be wondering how bankruptcy will impact your credit. 

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      Bankruptcy Filing Process in Minneapolis, Minnesota

      Posted by Amanda Scharber on November 18

      Filing bankruptcy in Minneapolis, Minnesota with LifeBack Law is a straight forward process. This is because we do not make clients fill out tons of worksheets, we pull your credit report for you, and we have a 90 day credit repair program after you receive your discharge.
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      Filing Bankruptcy in Minneapolis, Minnesota? Here is a Budget Friendly Recipe

      Posted by Amanda Scharber on November 11

      Whether you have filed for bankruptcy already or are considering filing, you may be wondering what budget friendly recipes are out there to feed your family. 

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      Budgeting in Minneapolis, Minnesota

      Posted by Amanda Scharber on November 9

      Before filing bankruptcy in Minneapolis, Minnesota, your bankruptcy attorney will review your entire case with you. They will go through assets, debts, income and expenses, and financial transfers.

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      Is My Bankruptcy Public Information in Minneapolis, Minnesota?

      Posted by Amanda Scharber on November 7

      Technically, every bankruptcy case is public information after it has been filed. This is because all case filings go to the United States Bankruptcy Court website and can be accessed through Pacer. Although the case is public information and anyone can find a bankruptcy case and the documents filed within the case, there are steps you have to take to access this information. 

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      Minneapolis, Minnesota Bankruptcy Basics

      Posted by Amanda Scharber on October 28

      At LifeBack Law we file both chapter 7 and chapter 13 bankruptcy cases. A chapter 7 is referred to as a liquidation bankruptcy, where as a chapter 13 bankruptcy is a restructuring of your debt.

      The timing of your bankruptcy discharge will depend on which chapter you file. With a chapter 7 bankruptcy you will receive your discharge roughly 90 days after filing. For a chapter 13 your discharge date will be three to five years after your case was filed. 

       

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      Why Should I File Bankruptcy in Minneapolis, Minnesota

      Posted by Amanda Scharber on October 23

      Although, there are many great reasons to file bankruptcy, below are five of the biggest reasons a lot of clients decide to file. 

      The biggest reason is a chapter 7 or chapter 13 bankruptcy is going to discharge your unsecured debts (there are exceptions). Although this list is not exclusive, exceptions include, fines or penalties, student loans, taxes, and domestic support obligations. 

       

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      What Do I Need to File Bankruptcy in Minneapolis, Minnesota

      Posted by Amanda Scharber on October 12

      If you are looking at filing bankruptcy in Minneapolis, Minnesota, you may be wondering what steps you have to take and what you need to file. Every case is different, therefore the below is a general guideline and idea. 

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      Can I File Bankruptcy on My Utility Provider in Minneapolis, Minnesota

      Posted by Amanda Scharber on October 8

      Life happens, we do not set out to owe our creditors money we cannot payback. If you are in a situation where you owe your utility providers for a current service you use, you may be wondering, can I include my utility provider as a creditor in my bankruptcy?
      The answer, is yes. Although, you can include your utility providers, read on to find out requirements for doing so.

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      Where Will My Bankruptcy Case Be Filed?

      Posted by Amanda Scharber on September 30

      Almost every client wants to know where their case will be filed and whether the county they live in is the location for filing. The county you live in does determine where your case is filed, but your case will not be filed in your local county courthouse. 

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      Chapter 13 Bankruptcy: My Income Has Changed

      Posted by Amanda Scharber on September 14

      If you are in a current chapter 13 or thinking of filing a chapter 13, you may be wondering what happens if your income changes during your pending bankruptcy. This is an excellent question, as a chapter 13 bankruptcy commits your disposable income during the 3-5 years of the case.  

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      Co-Signors in Bankruptcy

      Posted by Amanda Scharber on September 13

      It is very common that two people will co-sign on each other’s debt. Whether this is a spouse, parent, child, or significant other. If one liable party on the loan decides to file bankruptcy, you may be wondering what will happen to the other party/the co-signor? 

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      Can My Bankruptcy Discharge Not Go Through?

      Posted by Amanda Scharber on September 9

      If you are filing bankruptcy you may be wondering, can my bankruptcy discharge possibly not go through? This is a common worry and I can see why. If you do all the work of filing a bankruptcy, you don’t want to last second not receive a discharge of your debts. I am here to tell you not to worry- read on to find out why. 

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      Will My Non-Filing Spouse be Impacted by My Bankruptcy?

      Posted by Amanda Scharber on September 7

      Just because you file bankruptcy does not mean your spouse has to file with you. If your spouse does not file, you may be wondering, will they be impacted by my filing? 

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      What is An Adversary Proceeding in bankruptcy?

      Posted by Amanda Scharber on September 5

      For most chapter 7 and chapter 13 cases, the words adversary proceeding will not come up. Most clients will complete their bankruptcy without having any. If you have an adversary proceeding or there is a chance that you may, you may be wondering what it is? An adversary proceeding is litigation within your bankruptcy case.

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      Reaffirmation Agreements in bankruptcy: What They Are and Why You Shouldn’t Sign One

      Posted by Amanda Scharber on August 24

      A bankruptcy filing will discharge your personal liability on most debt. This includes secured assets, for example, vehicles or mortgages. Although your personal liability on the loan is dischargeable, if you want to keep the secured property you have to keep making payments. Some creditors will also request you sign a reaffirmation agreement after your chapter 7 bankruptcy is filed. A reaffirmation agreement typically says that you will keep your terms of your debt the same as if you had not filed bankruptcy, including your personal liability on the loan. 

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      Example of a Preference in Bankruptcy

      Posted by Amanda Scharber on August 20

      A preference is essentially a payment that benefits one creditor over others. This commonly occurs with payments to unsecured creditors of $600 or more in the 90 days prior to filing or to a relative of $600 or more in the 1 year prior to filing. The trustee in your chapter 7 bankruptcy will want the funds received from this preference, to distribute to all of your creditors. 

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      Examples of Fraudulent Transfers in Bankruptcy

      Posted by Amanda Scharber on August 15

      A fraudulent transfer is a transfer before a bankruptcy filing with some type of fraud that the bankruptcy trustee can claw back. Common examples are when something is sold or transferred with the intent to hinder, delay, or defraud your creditors or you transfer something under fair market value before filing. But there are other types of fraudulent transfers as well. Your attorney will go through your case with you and should let you know if there is any risk with filing and fraudulent transfers. Your attorney should be able to discuss if there are any possible defenses, as well. Under federal law the look back period for fraudulent transfers is two years. 

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      Chapter 7 Liquidation Examples

      Posted by Amanda Scharber on August 11

      A chapter 7 bankruptcy is referred to as a liquidation bankruptcy. This is because any assets above what the bankruptcy exemptions cover will have to be liquidated or you will have to pay their value to keep them. Non-exempt assets can happen in both Minnesota and Federal exemption cases. That being said, they are more common in Minnesota exemption cases. Let’s look at a few examples:

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      How Will Bankruptcy Impact My Mortgage?

      Posted by Amanda Scharber on July 23

      When you file for bankruptcy you have to list all of your creditors, including those you intend to keep. For example, even though you may want to keep your home and keep paying your mortgage, the mortgage company will have to be listed in the case and receive notice of the filing. If you are thinking about filing bankruptcy or already have, you may be wondering how your mortgage company receiving notice of your filing will impact your mortgage.

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      Can I File bankruptcy on Medical Debt?

      Posted by Amanda Scharber on May 24

      Medical debt is dischargeable in bankruptcy, both in chapter 7 and chapter 13 cases.

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      Where Can the Attorneys at LifeBack Law Firm File Your Bankruptcy Case?

      Posted by Amanda Scharber on May 20

      Here, at LifeBack Law Firm, we make filing bankruptcy as simple as we can. There are not countless worksheets to fill out, we do the drafting for you, and a licensed attorney will be working with you during the bankruptcy process. All the attorneys at LifeBack Law Firm are licensed to practice in Minnesota. Therefore, we can only file bankruptcy cases in Minnesota.

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      Why Should You Hire An Attorney To File Your Bankruptcy?

      Posted by Amanda Scharber on May 18

       I was at a hearing just the other day where someone filed their chapter 7 bankruptcy case pro se, meaning they did not have attorney representation. Although, it is perfectly legal to file a case for yourself, typically it is not a good idea to do so. This is because bankruptcy law is vast and nuanced.

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      How Long Does a Bankruptcy Case Take?

      Posted by Amanda Scharber on May 16

       We file two different kinds of bankruptcy cases at LifeBack Law, both Chapter 7 and Chapter 13. How long each will take and a timeline of what happens in each differs. Below we will go through both.

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      Who is the Trustee?

      Posted by Amanda Scharber on May 12

      The trustee is another attorney who is assigned to your case by the US Trustee to represent the bankruptcy estate. The trustee is the person who administers your estate and distributes any funds that come in during your case. They also make sure what you said in your bankruptcy case is truthful and correct and verify the information you provided. You will meet with the bankruptcy trustee at the 341 hearing, usually about 4 to 6 weeks after your case is filed.

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      Can I File bankruptcy on Medical Debt?

      Posted by Amanda Scharber on April 11

      Medical debt is dischargeable in bankruptcy, both in chapter 7 and chapter 13 cases.

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      Can Gambling Debt be Included in Bankruptcy?

      Posted by Amanda Scharber on April 7

      Gambling debt can be included and discharged in your bankruptcy case.

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      What Do I Provide to The Trustee in a Chapter 7?

      Posted by Amanda Scharber on April 3

      In a chapter 7 bankruptcy, typically, the only hearing you will attend is the 341 hearing. This happens about 4-6 weeks after your case is filed.

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      What Hearings Do I Attend in Bankruptcy?

      Posted by Amanda Scharber on March 29

      In most chapter 7 and chapter 13 cases, there is only one hearing you will need to attend.

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      Can I Add a Creditor After Filing?

      Posted by Amanda Scharber on March 21

      It is typically easiest if all of your creditors are listed in your case correctly when the case is first filed. But, that cannot always happen. Sometimes you are unsure that a debt went to collections, maybe it was sold, maybe the creditor is finally trying to collect after years of not doing anything with the debt, or maybe you even forgot it existed. You can add creditors after your case is filed, but there are a few exceptions.

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      Do I Have to File a Joint Bankruptcy?

      Posted by Amanda Scharber on March 11

      If you are considering filing bankruptcy and wondering whether your spouse will have to file with you, the answer, which may surprise you, is no.

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      What Shouldn’t You Do Before Filing Bankruptcy?

      Posted by Amanda Scharber on March 1

      If you are planning on filing bankruptcy there are a few things you should try to avoid before your case is filed.

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      Will Bankruptcy Stop a Garnishment?

      Posted by Amanda Scharber on February 28

      Bankruptcy filing stops creditor collection efforts from continuing. It will stop calls, letters, statements, judgments, garnishments, and more. The protection you receive from bankruptcy comes from the automatic stay. 

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      Interesting Facts about Bankruptcy

      Posted by Amanda Scharber on February 25

       Bankruptcy is a big topic, with many interesting facts. 

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      What Exemptions Should I Use in Minnesota?

      Posted by Amanda Scharber on February 8

      There are two sets of exemptions you can use in Minnesota, state and federal exemptions. You can use whichever is the most beneficial to you. Below are a few examples of why you may pick one over the other.

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      Interesting Facts about Bankruptcy Continued

      Posted by Amanda Scharber on February 7

      Bankruptcy has a wide variety of interesting facts. A few are listed below:  

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      Can I Keep My Lease in Bankruptcy?

      Posted by Amanda Scharber on February 3

      If you are considering filing bankruptcy, you may be wondering whether you can keep your lease. 

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      Is There a Minimum Debt Requirement to File Bankruptcy?

      Posted by Amanda Scharber on January 25

      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.

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      How Could My Employer Find Out About My Bankruptcy?

      Posted by Amanda Scharber on January 23

      You may be wondering whether your employer will find out about your bankruptcy filing. Below we explore possible ways your employer can be informed of your filing.

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      What Deadlines Are There in Bankruptcy?

      Posted by Amanda Scharber on January 10

      When you file bankruptcy your creditors will receive a notice of filing. This goes out to all of the creditors listed in your bankruptcy case. On this notice of filing there are certain deadlines listed that your creditors, the trustee, and you will need to abide by. The following are the deadlines listed on the notice of filing:

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      Will My Minor Children Be Involved in My Bankruptcy?

      Posted by Amanda Scharber on January 4

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      What is the Filing Process at Life Back Law?

      Posted by Amanda Scharber on December 28

      If you are considering filing bankruptcy, you likely are wondering what you will have to do in order to file. At Life Back Law we make the process easy for those considering filing bankruptcy.

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      What Happens to My Co-signor When I File Bankruptcy? | LifeBack Law

      Posted by Amanda Scharber on November 7

      When you receive your bankruptcy discharge, your liability on the debt is discharged, but your co-signors isn’t. What will happen to them after you file and whether their credit will be impacted by your filing are common questions.

      If the co-signor is someone not filing a joint Chapter 7, Chapter 13, or other bankruptcy with you, like a spouse, they should not be impacted by your filing as long as payments on the debt stay current. This includes their credit, if payments stay current after filing, there shouldn’t be a drop in your co-signors credit, even though you filed for bankruptcy.

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      What Are My Obligations During My Bankruptcy Case in Minnesota?

      Posted by Amanda Scharber on September 28

      During your Minnesota bankruptcy case there are going to be moving parts. There will be at least one hearing you have to attend (typically only one), your date for discharge, and other details of which you should be aware.

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      Can I Get Rid of My Vehicle and Vehicle Loan in Bankruptcy?

      Posted by Amanda Scharber on September 22

      Say you have a vehicle, that for whatever reason, you do not want to keep anymore. Maybe it needs significant repair, maybe you can’t afford it anymore, or maybe you just do not want it. Whatever the reason, you may be wondering whether you can get rid of the vehicle and its loan in bankruptcy? The answer is yes.

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      I Received a Motion to Dismiss My Chapter 13 in Minnesota, Now What?

      Posted by Amanda Scharber on September 17

      A Motion to Dismiss your chapter 13 case is generally brought by the chapter 13 trustee. This motion is usually brought by the trustee to dismiss your case, because of failure to follow some sort of provision in your plan or the bankruptcy code.

      Commonly, Motions to Dismiss are brought for the following reasons, failure to make your plan payments, failure to turn over tax refunds or other property of the bankruptcy estate, and failure to provide your tax returns.

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      Is There Confidential Information Listed in My Minnesota Bankruptcy?

      Posted by Amanda Scharber on September 11

      Bankruptcy filings like Chapter 7 and Chapter 13 are technically public record. The full case and associated documents are filed with the court. The case and associated filings are then accessible on the United States Bankruptcy Court’s website.

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      What Happens During a Bankruptcy Case in Minnesota?

      Posted by Amanda Scharber on August 23

      During your bankruptcy case there are going to be moving parts. There will be at least one hearing you have to attend (typically only one), your date for discharge, and more.

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      What are the Timing Requirements for Filing Bankruptcy After a Prior Filing in Minnesota?

      Posted by Amanda Scharber on June 26

      When you have filed and received a discharge in a prior chapter 7 or chapter 13, timing matters if you want to receive a discharge in a new case.

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      What Are Non-Exempt Assets in Bankruptcy in Minnesota?

      Posted by Amanda Scharber on June 25

      In bankruptcy there are certain exemptions you can choose from. These exemptions are what protect your assets from liquidation and asset seizure.

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      What Is a Chapter 13 Plan Modification in MN and Do I Need One?

      Posted by Amanda Scharber on June 15

      During the three to five years of a chapter 13 bankruptcy your life will likely change. Whether it is because of finances, relationships, property, or your health. That is why chapter 13 bankruptcy plans can ebb and flow with you.

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      How Can Disposable Income Impact My MN Bankruptcy Case?

      Posted by Amanda Scharber on April 7

      You may have heard the words disposable income come up when you have researched bankruptcy. Disposable income is what is left after you take your income and minus all reasonable and necessary expenses. In terms of bankruptcy, what does it actually mean and can it impact you?

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      What to Expect at Your Bankruptcy 341 Meeting in Minnesota

      Posted by Amanda Scharber on March 6

      As a refresher, the 341 meeting or meeting of creditors, is a 5-to-10-minute hearing, where the bankruptcy trustee for your case asks you questions. Typically, these questions are yes or no response and are used to verify the information in your case.

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      When Can I File Bankruptcy Again in Minnesota?

      Posted by Amanda Scharber on February 23

      When you have filed and received a bankruptcy discharge in a prior chapter 7 or chapter 13 in Minnesota, timing matters if you want to receive a discharge in a new bankruptcy case.

       

      Read on for the time restraints on filing Chapter 7 or Chapter 13 after a previous bankruptcy. Take note that the times are different depending on which chapter, chapter 7 or chapter 13, you previously filed.

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      Is There a Minimum Debt Requirement to File Bankruptcy in Minnesota?

      Posted by Amanda Scharber on February 18

      Whether there is a minimum debt requirement to file bankruptcy is a common question. The answer is no, there is no legally defined minimum amount of debt you need to file either a chapter 7 or chapter 13 bankruptcy. 

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      Minnesota Chapter 13 Bankruptcy Explained in Simple Terms

      Posted by Amanda Scharber on February 13

      Maybe chapter 13 has been mentioned to you or maybe you googled it. You know that a chapter 13 is different than a chapter 7, but how does it really work?

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      Why Your Location Is Important in a Bankruptcy in Minnesota

      Posted by Amanda Scharber on January 28

      Your location is important in a bankruptcy, because it will determine the district you file in and applicable exemptions.

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      What Is the Means Test?

      Posted by Amanda Scharber on January 15

      The Means Test is used to determine whether your income will allow you to file a chapter 7 bankruptcy.

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