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.

 

Charles Nguyen

Recent Posts

What Information Is Included When I File for Bankruptcy?

Posted by Charles Nguyen on January 21

When you file for bankruptcy, you’re seeking relief from your debts, but you’re also declaring and disclosing all your assets, liabilities and income. You must submit your petition and complete 10 different schedules, a complete statement of financial affairs and calculate a means test. The purpose of the means test is to see whether or not you can file a chapter 7 bankruptcy.

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Who or what is a bankruptcy trustee?

Posted by Charles Nguyen on December 16

There are a number of parties when you decide to file for bankruptcy.  There’s you, the debtor.  Your attorney, if you choose to hire one, who represents you.  There are your creditors, companies or individuals you owe money to.  And, there’s a trustee.  A trustee is an individual who reviews and investigates your bankruptcy petition and schedules.  They are supervised by the courts and the United States Trustee Program, which is a part of the Department of Justice.

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Secured Vs Unsecured Debts

Posted by Charles Nguyen on November 22

Within your bankruptcy schedules, there are two types of debt that the bankruptcy court require you to disclose – secured and unsecured.  Understanding what type of debt a bankruptcy debtor has will help them understand their bankruptcy better and with their finances once they’ve completed their bankruptcy. 

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Don't Pay Back Your Relatives Before Bankruptcy! | LifeBack Law Firm

Posted by Charles Nguyen on November 14

You’ve decided to file bankruptcy to get rid of your outstanding debt. But, you owe your parents money and don’t want to include them in your bankruptcy. So, you decide to pay them back and then file. While your intentions are good, you’ve made a common mistake of making an insider preferential payment.

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Gambling and Bankruptcy in Minnesota and Beyond | LifeBack Law Firm

Posted by Charles Nguyen on November 9

Gambling is an addiction brought on by a combination of psychological, societal, and familial factors. The repercussions of gambling affects you, your family, your job and other important parts of your life. Serious gamblers take out personal loans, use their retirement accounts, savings, and even borrow against their home or car loan.

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What Is a Summons and Complaint in Minnesota? | LifeBack Law Firm

Posted by Charles Nguyen on November 8

If you have been unable to pay your debt back for some time, your creditors may seek legal action against you to collect that debt. Usually, when you miss a payment, your creditors will they start with phone calls, then letters, or e-mails, and they get more aggressive.

After some time, they will start a lawsuit and you will know by receiving a summons and complaint. If you receive a summons and complaint, do not ignore it like a phone call or regular letter!

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Your Car in a Minnesota Chapter 7 Bankruptcy | LifeBack Law Firm

Posted by Charles Nguyen on November 4

With the possible exception of your home, your car is usually your most important asset. You need it to get to work, buy groceries, take your child to their doctor appointment, etc. When you file a chapter 7 bankruptcy, you may be able to keep your car, but that depends are a number of factors.

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How Does Bankruptcy Affect Eviction in Minnesota? | LifeBack Law Firm

Posted by Charles Nguyen on October 22

Since mid-2020, an eviction moratorium has been in place to assist renters due to the ongoing Covid-19 pandemic. This has been a great lifesaver for renters, but the moratorium won’t last forever and your obligation to pay rent will continue when the moratorium ends.

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What Does It Mean to Reaffirm Your Loan After Bankruptcy? | LifeBack

Posted by Charles Nguyen on October 12

A common question I hear when clients decide to move forward in a bankruptcy is – will I lose my home or will I lose my car? A lot of the time the answer is, no. If there’s a secured loan attached to your property and I’m able to apply the applicable law to protect the equity, then you won’t lose it. Of course, some secured creditors want you to sign a reaffirmation agreement.

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When Should You Wait to File Bankruptcy in Minnesota? | LifeBank Law

Posted by Charles Nguyen on October 11

Bankruptcy is a last option for many people. Before making a decision to file, most people will struggle with their rent or mortgage and other bills. Due to ongoing stress, mistakes will occur, such as paying a credit card bill instead of an electric bill or paying the monthly balance on a personal loan instead of their home owner’s association fee.

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What Happens After You File Bankruptcy in Minnesota? | LifeBack Law

Posted by Charles Nguyen on October 7

Filing a chapter 7 or chapter 13 bankruptcy can be a scary process, but in the right hands of a proper attorney, it doesn’t have to be. Let’s say you file and now you want to know what happens after you’ve filed.

First, the automatic stay is applied when your case is filed. This stay prevents your creditors from pursuing any further collection activity, including lawsuits or garnishments.

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Can Bankruptcy Stop Eviction in Minnesota?

Posted by Charles Nguyen on September 27

Since mid-2020, an eviction moratorium has been in place to assist renters due to the ongoing Covid-19 pandemic. This has been a great lifesaver for renters, but the moratorium won’t last forever and your obligation to pay rent will continue when the moratorium ends.

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How Are Civil Lawsuits and Bankruptcy Connected in Minnesota?

Posted by Charles Nguyen on September 23

Imagine having job security, being able to pay your bills, and life being just fine. Then, you lose your job and you can’t keep up with your bills and all of the sudden you’re sued for not paying your credit card or a creditor bringing you to court for breaching your contract to them. This happens all the time.

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What Is a Chapter 13 Cram Down in Minnesota?

Posted by Charles Nguyen on September 20

As you may know, a chapter 13 bankruptcy is a reorganization bankruptcy where you establish a repayment plan that usually lasts 5 years. Typically, the repayment plan is based on a budget that is created by looking at your net income and then your expenses.  One of the many benefits of a chapter 13 bankruptcy is the availability to lower or “cram down” a debt from the current loan balance to the value of that debt.

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Should You Wait to File Bankruptcy in Minnesota?

Posted by Charles Nguyen on September 16

Bankruptcy is a last option for many people. Before making a decision to file, most people will struggle with their rent or mortgage and other bills. Due to ongoing stress, mistakes will occur, such as paying a credit card bill instead of an electric bill or paying the monthly balance on a personal loan instead of their home owner’s association fee. They may even skip one or two mortgage payments to pay an unsecured debt.

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How Does Wage Garnishment Work in Minnesota?

Posted by Charles Nguyen on September 9

A garnishment is when someone, usually a creditor or someone you owe money to, goes into your bank account or paycheck to obtain money that you owe.

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Additional 2021 Child Tax Credit and Bankruptcy in MN

Posted by Charles Nguyen on September 2

On March 11, 2021, the American Rescue Plan Act was signed into law. Part of this law expended the existing child tax credit for tax year 2021.

Instead of applying up to $2,000 per qualified child, the amount was increased to $3,600 for a child under the age of 6 and $3,000 for a child aged 6 – 17. In addition, a household would receive half of either $3,600 or $3,600 in direct monthly payments between the months of July and December 2021.

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Understanding Minnesota Law to Protect Your Property – Part VIII

Posted by Charles Nguyen on August 24

In this discussion, I am going to focus on Minn. Stat. § 550.37, subd. 12 and 12a, referencing how bankruptcy can affect manufactured homes and vehicles in Minnesota.

I am going to skip over subdivision 11, which covers “beneficiary associations” because this law was found unconstitutional. See the court decision, In re Tveten, 402 N.W.2d 551 (Minn. 1987).

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Should I File Chapter 7 or Chapter 13 Bankruptcy in Minnesota?

Posted by Charles Nguyen on August 5

Individuals looking for a fresh start seek a bankruptcy to get rid of their overwhelming debt. They may be able to file under a chapter 7 or chapter 13, or they may be eligible for just a chapter 13.

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Understanding Minnesota Law to Protect Your Property – Part 7

Posted by Charles Nguyen on March 22

In Minnesota, you are allowed to exempt or protect proceeds stemming from the death of your spouse or parent up to $50,000. You may protect or exempt $12,500 more for each dependent or child. If you have received funds from an unfortunate event such as this and are considering filing bankruptcy, consider letting Kain & Scott help you protect your property and funds.

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Understanding Minnesota Law to Protect Your Property - Part 6

Posted by Charles Nguyen on March 19

In my last installments about understanding Minnesota law to protect your property (Part 5), I discussed tools of the trade and farm machine. In those cases, I was able to find case law to help describe those laws as viewed by a court. Here, the case law is sparse, so I’m going to keep it brief, but still speak on the subject if when you are allowed to exempt property in Minnesota.

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Understanding Minnesota Law to Protect Your Property - Part 5

Posted by Charles Nguyen on March 14

Under Minn. Stat. § 550.37, subd. 6, you are allowed to exempt property if your interest in that property consists of “tools, implements, machines, instruments, office furniture, stock in trade, and library reasonably necessary in the trade, business, or profession of the debtor…”.

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Understanding Minnesota Law to Protect Your Property - Part 4

Posted by Charles Nguyen on February 22

From the ancient Mississippian people who grew crops near present-day Winona, to European immigrants farming in Jordan, and to present-day family farms, Minnesota has a rich farming history.

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Understanding Minnesota Law to Protect Your Property - Part 3

Posted by Charles Nguyen on January 29

Under Minn. Stat. § 550.37, subd. 4, “[a]ll wearing apparel, one watch, utensils, and foodstuffs of the debtor and the debtor's family; and (b) household furniture, household appliances, phonographs, radio and television receivers of the debtor and the debtor's family...” are exempt. See In re Irwin, 232 B.R. 151 (Bankr. Minn. 1999).

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What You Need to Know About Property And Bankruptcy - Part 2

Posted by Charles Nguyen on May 29

In a previous post, I wrote about some simple rules for determining ownership of property.  The concept of property is important in both chapter 7 and chapter 13 bankruptcy cases – it affects the administration of chapter 7 cases and the amount paid in monthly chapter 13 plan payments, since the debtor’s property composes what’s called the bankruptcy estate.  And in most cases, property ownership is pretty easy to determine.  But there are some cases in which who owns property – and how much the property is worth – can get complicated.  Here are a few examples:

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