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.

 

Wesley Scott

Wesley Scott
I love being a Minnesota bankruptcy attorney because it allows me to give people hope that, together, we can get their lives back. People call us because of business failure (many businesses fail, that is a fact of life), income drop (bad economy or otherwise), divorce (happens to many), medical problems (how can you help that?), and bad financial decisions (we have all made them!). I understand the financial pressures my clients face because I experienced many of these same pressures growing up. I know that most of my clients end up in debt through no fault of their own. I became a bankruptcy attorney to give these people the help and support they need in this time of trouble.
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Recent Posts

How Does a Chapter 13 Bankruptcy Really Work Minnesota?

Posted by Wesley Scott on September 14

You are sitting at home, at your kitchen table, and you are working your way through a pile of bills that need to be paid. Some of these bills are past due. When you whip out the calculator and add all of the credit card debt, medical bills, and unsecured lines of credit, you get a total of $75,000.00 with monthly payments that total $3,250.00 to service just the minimum payments on all of the debts.

Is chapter 13 bankruptcy in Minnesota something you should start considering?

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Should You Ever Give a Bankruptcy Attorney a Lien on Your Own Clothing?

Posted by Wesley Scott on September 10

Unfortunately, in the bankruptcy world, there are some very unseemly practices. There are some companies who disguise themselves as law firms only to be referral agencies in reality. They take your phone call and have non-lawyers sign you up, and then refer you back to a Minnesota bankruptcy attorney. If you want crappy service, you should definitely do this.

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Can You Imagine a Bankruptcy Lawyer Taking Your Clothes as Collateral for Fees?

Posted by Wesley Scott on September 6

We cannot either. Recently, we heard of one Minnesota law firm that seems so hard up for money they actually take their clients clothing, along with furnishings and appliances, as collateral for their fees. We cannot imagine anything more distasteful than this. Bankruptcy lawyers are supposed to protect their clients assets not expose them to creditors, and especially themselves. Instead, the lawyer seizes an opportunity to take their clients property as collateral? Ridiculous. At LifeBack Law Firm we would never engage in this kind of chicanery to get paid.

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Minnesota's Largest Bankruptcy Law Firm Has a New Name

Posted by Wesley Scott on June 22

We wanted to create a name that was congruent with who we are. We wanted to create a name that answered what do we do and have it more relevant to our marketing ethos in Minnesota. So we kicked back and brain stormed different names. We were going from Kain & Scott, P.A. to what name would fit us the best? After muddling our way through close to 500 names, we chose LifeBack Law Firm, P.A.!

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What Does Bankruptcy Do to My Credit in Minnesota?

Posted by Wesley Scott on June 21

A lot of people who suffer with debt want to know how does bankruptcy affect my credit? There are all kinds of misconceptions about bankruptcy in the marketplace. I have had some people tell me they didn’t think they could get any credit after they filed a bankruptcy.

This is not true at all. Over the many decades, LifeBack Law Firm has helped literally tens of thousands of Minnesotans get their lives back and most of them go on to obtain credit. Most go on to purchase homes and vehicles and all sorts of other items.

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What Is Chapter 7 Bankruptcy and How It Works in Minnesota

Posted by Wesley Scott on May 17

Bankruptcy is a serious legal tool that shouldn't be entered into lightly. Fortunately, it can, in specific situations, help you move forward toward greater financial freedom.

Chapter 7 is a specific chapter in the federal bankruptcy laws that represents what is known as straight or liquidation bankruptcy and that can wipe your financial slate clean.

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What Is Chapter 13 Bankruptcy And How It Works In Minnesota

Posted by Wesley Scott on May 10

If you’re currently facing financial issues, it can color everything you do and can make your financial future seem bleak at best. If your financial situation seems insurmountable, help may be available in the form of a Chapter 13 bankruptcy. While bankruptcy is obviously not the answer for everyone in every financially dire situation and is a fairly drastic move, it can – in certain situations – give you the kind of financial reboot you need to move forward with renewed confidence and purpose.

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What is Bankruptcy? A Minnesota Bankruptcy Lawyer Explains...

Posted by Wesley Scott on May 7

Bankruptcy is a legal process that offers individuals and companies facing overwhelming debt with the opportunity of a fresh start. The bankruptcy process can eliminate debt and halt the efforts of your creditors. In the long run, it can also improve you credit score and ability to obtain a loan.

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What Happens when you File Bankruptcy in Minnesota?

Posted by Wesley Scott on May 3

Filing for bankruptcy in Minnesota could be the first step on your path to a financial fresh start. However, the exact steps along that path will depend on a few factors including the type of bankruptcy proceeding you have selected.

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What Happens to My Bankruptcy Co-Signer When I File in Minnesota?

Posted by Wesley Scott on April 21

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.

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How Does Chapter 7 Bankruptcy Really Work in Minnesota?

Posted by Wesley Scott on April 15

A lot of Americans want to know, how does a Chapter 7 Bankruptcy really work? This article dissects a Chapter 7 Bankruptcy from the moment it becomes a thought in your head to when you actually get your life back after bankruptcy.

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Kain & Scott IS Minnesota's Bankruptcy Law Firm

Posted by Wesley Scott on April 1

Kain & Scott has been protecting Minnesotans from their creditors since 1972. We have ironed out the process for filing bankruptcy in Minnesota to make it the smoothest possible for our guests. At Kain & Scott, we have no worksheets to fill out and our staff HELP you all the way. We don’t sign our guests up and say good luck to them. No, at Kain & Scott, from the very moment you reach out to us, we hold your hand through the whole process.

We know it took courage for you to reach out to us for help. We honor that courage by delivering the most kind, helpful, professional, and exceptional customer service of any bankruptcy law firm in Minnesota. How do we know this to be true? Kain & Scott is Minnesota’s HIGHEST Google reviewed bankruptcy law firm in Minnesota.

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Minnesotans Needing to File Bankruptcy Turn to Kain & Scott

Posted by Wesley Scott on March 28

At Kain & Scott, we promise you, “we don’t judge you, we HELP you get your life back!” To us, getting your life back means eliminating debt and repairing your credit using Kain & Scott’s FREE 90-Day Credit Repair Program. So debt gone + repairing your credit = life back.

How do we eliminate unwanted debt? Easy, we turn to either Chapter 7 or Chapter 13 Bankruptcy to help eliminate unwanted debt. Following your discharge, we send you through Kain & Scott’s FREE 90-Day Credit Repair Program, valued at up to $3,250.00.

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Filing Bankruptcy in MN? Know That You Are Not Alone

Posted by Wesley Scott on March 26

In today’s world, it can be easy to feel like you are alone. I actually think that “loneliness” is one of the biggest health challenges we face in the world today. Prior to the pandemic, we were already tail spinning our way into a world where we communicate virtually (think Facebook, Twitter, and a myriad of other ways). Once the pandemic hit, our tail spin has become a complete vertical drop into the virtual abyss. The farther away we get from human to human contact, the worse it becomes.

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What Happens After the 341 Bankruptcy Meeting in MN?

Posted by Wesley Scott on March 10

As a refresher, the 341 meeting is a 5-10 minute meeting with the bankruptcy trustee. During the meeting the trustee will ask you questions to verify the information in your case. Typically these meetings take place a month after your case has been filed.

What happens after the 341 meeting will depend on what type of case you have and whether you file a chapter 13 bankruptcy, a chapter 7, or have a no asset case or an asset case.

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Searching for a Chapter 7 Bankruptcy Lawyer Near Edina, MN?

Posted by Wesley Scott on March 2

Not far down the road from Edina, there is a Kain & Scott fully staffed bankruptcy law office 40 hours per week just inside Eden Prairie, Minnesota. In fact, Kain & Scott has the most full time staffed offices in Minnesota than any other Minnesota bankruptcy law firm, all focused on helping you through your bankruptcy in Edina, MN.

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You Are Not Alone

Posted by Wesley Scott on February 28

One of the benefits of being an alumnus of Saint John’s University is having access to a daily reflection written by one of the monks at Saint John’s Abbey. Every morning at 1:00 a short reflection by Fr. Don Talafous drops into my email timeline.

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Are You Looking for a Bankruptcy Attorney Near Me in Foley, Minnesota?

Posted by Wesley Scott on February 16

Just down the road from you is St. Cloud, MN where you will find Kain & Scott, Minnesota’s HIGHEST Google reviewed bankruptcy law firm. We can meet you in person or we can meet with you via phone, Skype, or even Zoom. If you find yourself a resident of Foley, Minnesota, or the surrounding area, and you are suffering with debt, Kain & Scott is nearby, and we can help you get your life back!

Most people like to choose a bankruptcy professional that is not from their hometown for privacy reasons. I totally understand this as I like my privacy as well. Reaching out to Kain & Scott in nearby St. Cloud, Minnesota gives you the closeness you want, but yet the confidentiality you demand too. Over the years, Kain & Scott has helped numerous residents of Foley and the surrounding area get their lives back by smacking the reset button and moving on with your life.

At Kain & Scott, we understand the courage it takes to reach out for help, and we honor that courage by having the most kind, helpful, professional staff that deliver the best customer service of any other bankruptcy law firm in the state of Minnesota. Want proof? Just read our Google reviews and see for yourself what our clients and former clients have to say about our level of service to our guests. You will read words like friendly, kind, helpful, professional, etc.

By reading our Google reviews you don’t have to take our word for it, take the word from your own family and friends that have used Kain & Scott to get their lives back over the years too.

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Why Kain & Scott Doesn't Use Any Review Software to Game Google or BBB Reviews

Posted by Wesley Scott on February 11

We live in a world where reviews matter. What people think of a business matters to those prospects who are looking at doing business with a merchant, law firm, or vendor. Unfortunately, there are law firms who insist on using software to game the reviews and make it appear as if the law firm has stronger Google and BBB reviews than they actually do. How is this done?

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What Are the Risks of Filing Bankruptcy Without a Lawyer in MN?

Posted by Wesley Scott on January 25

I received a phone call from someone who had recently filed a bankruptcy case by herself. She had read all of the information she could find regarding the bankruptcy process and filing bankruptcy without using a lawyer,

She had prepared the bankruptcy petition, schedules and statements to the best of her ability. She was calling me now after she had received a phone call from an assistant for the bankruptcy trustee who had been assigned to her case – and the questions the assistant asked her was making her nervous. She was looking for help.

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What Is a Trust? Do I Need One in Minnesota?

Posted by Wesley Scott on January 23

A trust is an estate planning tool. Trusts can allow individuals to protect assets, avoid taxes, avoid probate and ensure that the grantor’s assets are distributed according to the grantor’s specifications.

Once a trust is created, it needs to funded. This means that the grantor, the person with the assets, needs to move assets into the trust. If the asset is real estate, the deed to the property needs to be re-deeded in the name of the trust, if the asset is a bank account, the funds need to be moved into an account titled in the name of the trust.

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Are You Looking for a Chapter 7 Bankruptcy Lawyer Near Me in St. Cloud, MN?

Posted by Wesley Scott on January 22

Kain & Scott has 9 office locations in Minnesota. 7 out of the 9 are staffed full time by real live Kain & Scott people. Rochester and Mankato are staffed by appointment only. In our St. Cloud, Minnesota office we have 3 Chapter 7 and 13 Bankruptcy lawyers and numerous staff that are waiting to help you get your life back now.

Kain & Scott has been protecting St. Cloud, Minnesota residents from their creditors since 1972, longer than any other Minnesota bankruptcy law firm. What have we learned about bankruptcy since 1972? We have learned that our guests love to get their lives back and never regret the decision to file Chapter 7 Bankruptcy.

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Are You Looking for a Bankruptcy Attorney Near Me in Eden Prairie, MN?

Posted by Wesley Scott on January 21

Minnesota’s largest bankruptcy law firm has an office in Eden Prairie, MN that is staffed full time. This is not one of those pretend law office locations to trick Google into appearing on Google Maps “Law Offices”. This is a fully functional and staffed bankruptcy law firm right in Eden Prairie, MN, right where you live.

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Why Is Your Bankruptcy Disclosure Statement in MN So Important?

Posted by Wesley Scott on January 9

A bankruptcy consultation typically occurs when a person seems to have run out of options. Whether it’s medical debt, trying to catch up on bills, divorce, foreclosure, etc., we completely understand that it is a difficult decision to decide to give us a call. Let us be the advocate, the listener, the adviser when life has taken some unexpected turns.

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How Will a 341 Meeting in MN Have Changed Since COVID-19?

Posted by Wesley Scott on January 8

Since this pandemic has begun, it has changed our day-to-day lives in major ways. It has also drastically affected the court buildings and court systems throughout the nation. As part of the Chapter 7 and Chapter 13 bankruptcy process, there is a hearing with a trustee, referred to as a 341 meeting of creditors. This is a hearing where creditors have an opportunity to ask questions on the record regarding the debtor—it is very common for creditors to not appear though.

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Why a Corporation Is a Legal Entity Separate From Its Owners

Posted by Wesley Scott on January 7

Debt is a common threat that plagues businesses and individuals alike. Sometimes, the last resort is to consider bankruptcy. Do not worry, there are personal and business related bankruptcy options for you! But first, let’s discuss the basics of business entities and debtors.

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Can Creditors or Can Child Support Take My Stimulus Check in MN?

Posted by Wesley Scott on January 5

In March of this year, Congress passed the CARES Act as a result of the Covid-19 outbreak. As you may already know, included in the CARES Act were stimulus checks to individuals and families that qualified based on certain income limitations. Qualified individuals received up to $1,200 each plus $500 per child. Many Kain & Scott clients worried that their creditors would be able to levy the stimulus checks before they received the money. Mostly, clients worried about the IRS or Minnesota Revenue taking the funds to pay for any tax debt they may have. The good news is that Congress made sure to protect the stimulus checks from most creditors, including all tax agencies. That means, not even the IRS could take a stimulus check from someone.

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I Failed the Bankruptcy Means Test: Now What? Part 2

Posted by Wesley Scott on January 4

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) includes a means test set forth primarily in subsection 707(b) of the Bankruptcy Code. The Code provides that a case may be dismissed if "the granting of relief would be an abuse of the provisions of this chapter." The formula for determining whether a presumption of abuse exists is called the means test. 

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Finding a Bankruptcy Attorney Near Me in Monticello, MN

Posted by Wesley Scott on January 2

There is not a single law firm in Monticello, Minnesota that focuses 100% on Chapter 7 and Chapter 13 Bankruptcy. However, just miles to the west in St. Cloud, MN or miles to the east in Maple Grove, MN, you will find the same law firm that does 100% Chapter 7 and Chapter 13 Bankruptcy work. When looking for a bankruptcy attorney it is best to choose a law firm that dedicates 100% of their time to helping people in and around Monticello, MN get their lives back by 1) getting rid of unwanted debt and 2) using Kain & Scott’s unique and FREE 90-Day Credit Repair Program.

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How to Search for a Bankruptcy Attorney Near Me in Maple Grove, MN

Posted by Wesley Scott on January 1

People suffering with debt search for a bankruptcy lawyer near me because they want their lawyer to be their rock during their difficult period of life. People who are suffering with debt want empathy and compassion, not coldness and rudeness. That is exactly why residents in and around Maple Grove who are suffering with debt search Google and other search engines for phrases like “bankruptcy lawyer near me in Maple Grove, MN”. 

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How Can I Find the Best Bankruptcy Attorney Near Me in Hutchinson, MN?

Posted by Wesley Scott on December 31

I am not aware of a single bankruptcy law firm in Hutchinson, MN. What I am referring to is this: I don’t believe there is a single law firm in or around Hutchinson, MN who does 100% Chapter 7 and 13 Bankruptcy work. However, Kain & Scott is close enough in St. Cloud, MN where we have an office and numerous staff dedicated 100% to helping you get your life back. A lot of residents of Hutchinson and the surrounding area prefer to look out of town for a bankruptcy attorney for privacy reasons too. No problem—we understand. Yet with technology, we can easily meet with you easier than ever.

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Where Can I Find a Bankruptcy Attorney Near Me in Brainerd, MN?

Posted by Wesley Scott on December 30

There are many lawyers in and around Brainerd, MN. However, there is only one law firm that is in Brainerd, MN and whose practice is dedicated 100% to the practice of Chapter 7 and 13 Bankruptcy. Why is that important to you? Let me ask you a question. Would you want an eye doctor to perform heart surgery on you? Of course not. Would you want a foot doctor to perform heart surgery on you? Of course not. Would you like a doctor who does heart, eye, and foot surgery on your heart? Of course not. You want a heart surgeon that does only heart surgery to do your heart surgery right? Of course.

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How Can I Find a Bankruptcy Attorney Near Me in Duluth, MN?

Posted by Wesley Scott on December 29

Hi! I am Wes Scott, the managing partner at Kain & Scott. When you do a Google search, the title of this blog strikes at the intention of most searchers on Google. You may not be looking for a “bankruptcy attorney near me in Duluth, MN” but my point is how often have you added those words in a Google search, “near me”? A lot right? Well, if you are suffering with a debt problem in Duluth, MN, you have come to the right place. Kain & Scott is located in Duluth and we staff our Duluth office with real people during our stated hours on our Google Map listing.

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Trouble Finding a Good "Bankruptcy Attorney Near me" in Roseville, MN?

Posted by Wesley Scott on December 28

The title of this blog strikes at the intention of most Google searchers in Roseville, MN looking for a bankruptcy attorney. How often have you caught yourself Googling something “near me”? I know I have a lot. Now wouldn’t it be nice if that Google search pulled up results that reflected real-life? Like, wouldn’t it be great if I searched “Roseville, MN bankruptcy attorney near me” that the search results actually produced results including “a bankruptcy attorney near me”?

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Can I Find Bankruptcy Help Near Me in Rochester, MN?

Posted by Wesley Scott on December 23

Having debt is no fun. We all want to pay our bills as they become due. Yet, if you live in Rochester, Minnesota and you are suffering with not just debt, but crippling debt, bankruptcy offers a chance to get your life back sooner than later. At the end of the day, every one of us is the same. We all want to pay our bills; but, if you put me in a position where I am forced to choose between my family and my creditors, my family should and must win.

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The Best Website for Information on Filing Bankruptcy in Eden Prairie

Posted by Wesley Scott on December 22

When I research a topic, I really get annoyed at reviewing a website that doesn’t give me thoughtful and meaningful information. When I land on a website that provides useful and actionable information, I am super happy! When you are researching a topic and become frustrated because the information you are coming across is trying to use a gimmick to get you to call the law firm, you should know that they are not really committed to helping you.

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I Failed the Bankruptcy Means Test: Now What? Part 1

Posted by Wesley Scott on December 21

The Bankruptcy Means Test is a legislative attempt at a formula that measures the ability of debtors to repay unsecured creditors over a period of time. The means test is a backward-looking litmus test using mathematical computations to help the court determine if the debtor is abusing the system by filing a Chapter 7 bankruptcy. The objective of the bankruptcy means test was to remove judicial discretion from the process of determining if the abuse exists.

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Life After Bankruptcy Chapter 13 in Duluth, MN: Julie's Story

Posted by Wesley Scott on December 18

We’ve used a different name to protect her anonymity, but let’s call her Julie. Julie is a single woman who lives in Duluth, MN. She is highly successful and earns quite a bit of money. But like many of us, Julie suffers with short bouts of depression from time to time. When she goes through these bouts of depression her credit card use can get out of control. She gambles and buys things she often does not even need. In the end, her credit card debt simply got too high for her to manage by herself. That is when Julie called Kain & Scott, P.A.

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Where Can I Find the Best Bankruptcy Information in Eagan, MN?

Posted by Wesley Scott on December 17

If you're like me, when I am looking for information on a subject I am not looking for “gimmicky” websites or superficial information. I am looking for heartfelt good information on the subject I am researching. The same is true for bankruptcy information. If you are researching Chapter 7 or 13 Bankruptcy information in Eagan, Minnesota, you want great information on what is a Chapter 7 and Chapter 13 Bankruptcy, what is the bankruptcy process and what is it like, and what are the bankruptcy fees in one spot. If this is what you are looking for you will be happy to learn that www.kainscott.com is Eagan, MN’s largest bankruptcy website.

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Will I Lose My Car If I File Bankruptcy in Eagan, MN?

Posted by Wesley Scott on December 16

Many Eagan, Minnesota residents want to know, can I lose my car if I file Chapter 7 Bankruptcy? This question really is a two-part question. First, can you lose your car if you file Chapter 7 Bankruptcy when you are in an agreement with an auto lender? Second, can you lose your car in Chapter 7 Bankruptcy as a decision by your Chapter 7 trustee?

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What Kind of Bankruptcy Should I File? Comparing C13 and C7 Bankruptcy

Posted by Wesley Scott on December 15

If you live in or around Eden Prairie, Minnesota there is an easy way to determine if you file bankruptcy, which Chapter you will end up in. For those of you who have the ability to make a payment back to your creditors, you must do so. For those of you who cannot make a payment back to your creditors you likely will not be doing so.

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3 Steps for Choosing a Bankruptcy Lawyer in Roseville, MN

Posted by Wesley Scott on December 14

If you are looking for a bankruptcy lawyer, a Chapter 7 or Chapter 13 Bankruptcy law firm in Roseville, Minnesota, there are some things you need to be aware of. Before scheduling an appointment with a law firm, you should really take 5 minutes to research the law firm you're interested in. 5 minutes could save you a lot of head ache down the road. You don’t want to be like a client who says, “I only wish I would have read more reviews on the firm before scheduling an appointment.” We hear this all the time from clients who were dissatisfied with other law firms.

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Why You Should Read Law Firm Reviews Carefully Before Filing Bankruptcy in Roseville, MN

Posted by Wesley Scott on December 11

The single biggest complaint we receive from clients who used other law firms and had a bad experience with them, is this: “I wish I would have read more reviews BEFORE scheduling an appointment with the law firm.” In other words, had prospective clients simply taken a few more minutes to read, like binge read, the law firm’s Google reviews, the client would never have scheduled an appointment with the law firm to begin with and would have avoided a lot of pain. I feel bad for these clients.

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How to Spot a Fake Law Firm Advertising Chapter 7 Bankruptcy

Posted by Wesley Scott on December 10

Unfortunately, there are some law firms that lease a small space, stick a Google Map Listing on it, and call it a law office. In reality, these small spaces are occupied by someone from the law firm very sparingly. A prospective client looking at their advertisement and seeing their business hours may think the law firm has a formidable presence in Eden Prairie, when they do not. It is designed to be a mirage. A bait and switch if you will; to draw you into calling that law firm first and not someone else.

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What Are Non-Exempt Assets in Chapter 7 Bankruptcy?

Posted by Wesley Scott on December 9

When you file a Chapter 7 Bankruptcy with the bankruptcy court, you are invoking the power of the court to put into place an immediate court order restricting your creditors from collecting from you on most pre-petition debts. It is an awesome power debtors have. The focus in a Chapter 7 Bankruptcy is primarily on debtor’s assets. Debtor(s) are required to fully disclose all their assets wherever located in the world. The purpose of this is to show a Chapter 7 trustee, and creditors, what debtor owns for assets and are those assets exempt or non-exempt?

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Should I Stop Paying My Bills Before Bankruptcy in Minnesota?

Posted by Wesley Scott on December 8

One of the most common questions from our bankruptcy clients that we encounter daily is “Can I stop paying my bills?” The answer is an emphatic “YES!” In fact, not only CAN you stop paying your bills, but you SHOULD stop paying your bills!

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What Is Life After Bankruptcy Like in Eden Prairie, MN?

Posted by Wesley Scott on December 8

I am high anxiety. I totally understand the anxiety of bankruptcy and the thought of filing bankruptcy. And yet, hundreds of thousands of Americans muscle their way through the bankruptcy process each year. In Minnesota, on an average year, over 13,000 Minnesotans file bankruptcy and get on with their lives. Right, now, as you read this blog there are thousands of Minnesotans just like you contemplating the thought of filing bankruptcy or who are actually in the process of filing bankruptcy and getting their lives back.

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Do I Qualify to File Chapter 7 Bankruptcy in Eden Prairie, MN?

Posted by Wesley Scott on December 7

A lot of people who live in and around Eden Prairie, Minnesota want to know if they qualify to file a Chapter 7 Bankruptcy. To qualify for a Chapter 7 Bankruptcy you must not have filed a previous Chapter 7 Bankruptcy (where you received a discharge) in a case filed in the previous 8 years. You also do not qualify for a Chapter 7 Bankruptcy discharge if you filed a Chapter 13 Bankruptcy within the previous 6 years (and where you received a Chapter 13 discharge).

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Which Minnesota Bankruptcy Law Firm Is The Most Google Reviewed?

Posted by Wesley Scott on December 5

You might ask, why does this matter? Trust me, it matters a lot. People who file bankruptcy don’t tend to broadcast they have filed bankruptcy on social media. Would you? So for anyone who has filed bankruptcy to leave a Google review--- that is a big deal. Most people do not leave Google reviews unless very upset or very happy. You don’t see a lot of people feeling luke warm about a business willing to leave that business a review, right? I mean when is the last time you left a gas station a review, like great gas guys!? You just don’t right? Now, if the clerk at the gas station swore at you and threw a loaf of bread at you, you might write a nasty bad review right?

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We Are Getting Closer To The COVID Bankruptcy Avalanche

Posted by Wesley Scott on December 4

COVID 19 is the pin prick that will burst the economy and shatter what we consider to be a “normal” economy for a long time to come. The financial devastation can be seen all around you. Vacant store fronts, vacant factories, and millions of people out of work. We still have not fully dealt with the debt problems we were in in the last financial crisis of 2008. The, the Federal Reserve just stoked the fire by pumping trillions of dollars into the economy resulting in an enormous amount of debt lingering from the last financial storm. And now, well now the financial devastation caused by COVID 19 is creating even more debt problems with a Fed that is really out of most of its ammunition to help in any meaningful way.

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Looking To File Chapter 7 Bankruptcy in St Cloud? Watch For This...

Posted by Wesley Scott on December 3

Several years ago I met with a couple who had previously met with a lawyer about bankruptcy. They told me they had to meet him in a shed like building and it was totally weird. And then things got even weirder. It turns out the lawyer, in the middle of a consultation, actually fell asleep. Not wanting to disturb the sleeping lawyer, the couple quietly got up and walked out. Sometime later, the lawyer actually called this coupled and asked, “well, are you going to hire me to do your bankruptcy?”

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How To Choose An Awesome Bankruptcy Lawyer in St Cloud, MN

Posted by Wesley Scott on December 2

First of all, congratulations on having the courage necessary to face debt head on. Each day, thousands of Minnesotans suffer needlessly with debt. Second, once you have decided to solve the debt crisis for good, next you have to pick St. Cloud, Minnesota’s best bankruptcy law firm. How do you make sure you have the best bankruptcy attorney in St. Cloud, Minnesota? You do research!

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Paying Taxes In A Chapter 13 Bankruptcy

Posted by Wesley Scott on December 1

In a chapter 13 case with priority tax claims, the debtor must pay these claims in full if the chapter 13 plan is to be confirmed. When the priority tax claim arises under § 507(a)(8)(C), such tax claims are an exception to the discharge under the general rule of § 1328.

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Chapter 13 Voidable Preferences To Creditors

Posted by Wesley Scott on November 30

Preferential transfers to creditors may be avoided under Section 547(b) of the Bankruptcy Code, if the transfer was made on or within 90 days before the date of the filing of the petition. In a Chapter 7 case, the appointed trustee steps into the debtor’s shoes, taking control of the debtor’s assets and seeing that every effort is made to enhance the estate for full distribution to the creditors. The Chapter 7 trustee increases the assets of the estate by avoiding a preferential transfer.

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St Cloud, Minnesota's Residents Turn To Kain & Scott For Bankruptcy

Posted by Wesley Scott on November 28

If you live within a 50 miles radius of St. Cloud, Minnesota, do like most people do, and turn to Kain & Scott if you are contemplating bankruptcy. Since 1972, area residents have trusted Kain & Scott to deliver the most kind, helpful, professional, and exceptional customer service to our residents suffering from overwhelming debt. Each year, hundreds of area residents use Kain & Scott to get their lives back---you can too.

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The Single Best Way To Determine If You Should File Bankruptcy

Posted by Wesley Scott on November 27

I know of a single way to determine if you should file bankruptcy. At Kain & Scott we have been around since 1972. We have seen all the reasons for people to file bankruptcy. Every single one of these people are good Minnesotans who simply fell on hard times. Over and over we see the same themes which propel good people into bankruptcy.

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Who Is Minnesota's Nicest Bankruptcy Law Firm?

Posted by Wesley Scott on November 26

Kain & Scott is Minnesota’s nicest bankruptcy law firm guaranteed or 100% off your fees™*. What does this mean? You can find our complete guarantee on our website at www.kainscott.com. Basically, if you don’t think Kain & Scott is Minnesota’s nicest bankruptcy law firm (most kind and helpful) and you tell us within 30 days of filing the bankruptcy case, and we cannot rectify the problem to your complete satisfaction, we will not only refund 100% of the attorney fees you paid us thus far, but we will also pay for you to have another bankruptcy lawyer complete your bankruptcy for you. Now is that confidence or what? You don’t guarantee your service will be the most kind and helpful unless it really is the most kind and helpful.

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Business Turmoil, COVID 19 and Bankruptcy

Posted by Wesley Scott on November 25

If you are a business owner COVID 19 presents challenges regardless of which kind of business you own. But for some businesses, COVID 19 is altogether disastrous. Take the restaurant industry as one example. In Minnesota, restaurants were closed for a certain period of time. While the PPP loan stimulus kept many afloat short term, those funds are now long gone. The trouble is the business has not come back though and the funds are gone. Sure restaurants in Minnesota are allowed to be open under strict guidelines, but when you have a wary public of any kind public gatherings, the number of people actually go to restaurants to eat in side is far less.

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COVID 19 Will Cause A Massive Bankruptcy Wave

Posted by Wesley Scott on November 24

There is no question about the financial devastation that is befalling American businesses all across the country due to Covid 19. Oh sure some businesses will actually do well due to Covid 19, but many businesses will stumble and fail from Covid 19. All you have to do is take a look at any businesses that has the public visit it in any way to see the carnage. Movie theatres, restaurants, concert venues, sporting arenas, airlines, and many more are literally sustaining drops in business as high as 80%. Even in the best of times most of these businesses will struggle to produce a profit. Now imagine your business revenue falling 20% in revenue much less 80%?

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The Solution To Overwhelming Debt Is Bankruptcy

Posted by Wesley Scott on November 23

Don’t listen to the supposed “gurus” who tell you to avoid bankruptcy. Some of these supposed “gurus” filed bankruptcy themselves. And now, they tell you not to file bankruptcy. I sometimes wonder who is paying these people to say this. Is it big corporations or credit card companies? If bankruptcy was good for the guru why is it not good for you too? One even has to be careful with “debt consolidation” companies who are owned in whole or in part by big finance companies.

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What Do Minnesotan's Say After They've Filed Bankruptcy?

Posted by Wesley Scott on November 22

If I were a Minnesotan looking to file bankruptcy one of the things I would love to know is what do people think, who have already filed bankruptcy in Minnesota, after they filed the bankruptcy? Do these people regret the decision they made to file bankruptcy? Are they thankful they made the difficult decision to file bankruptcy? Would they file bankruptcy again knowing what they know now? These are all wonderful questions I would want to know before I stuck my toes in the bankruptcy waters. Thankfully, there is no need to wonder about these questions. You see, our former guests know exactly how you feel right now. The nerves, the apprehension, and the scared out of your mind feelings you have. Our former guests all felt the same way. But what our guests found is once they filed the bankruptcy and got their lives back, they never regretted the decision to file.

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Have You Heard The Recent News About Chapter 13 Bankruptcy?

Posted by Wesley Scott on November 21

COVID 19 has changed a lot of things for a lot of people. If you have a Chapter 13 Bankruptcy plan that was confirmed prior to March 27, 2020, you may have the ability to extend your plan. Under the CARES ACT, Congress extended the maximum Chapter 13 plan to 84 months from 60 months. But this only applies to those people who already have Chapter 13 plans confirmed as of March 27, 2020. Also, there is a sunset provision in the Act. You must have a plan confirmed by March 27, 2021 to qualify for the extension.

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Filing Bankruptcy Sucks, Your Lawyer Should Not - 2

Posted by Wesley Scott on November 20

At Kain & Scott we authored the book on bankruptcy and attorneys, “Filing Bankruptcy Sucks, Your Lawyer Should Not”. Isn’t this a great title for a bankruptcy book? I love it! It speaks to exactly how one feels about bankruptcy and lawyers who help you through it. Just the thought of filing bankruptcy for some can send them into a full blown panic attack. I get this. The thought of filing bankruptcy can be daunting and very scary. At Kain & Scott, we honor the courage it takes for you to file bankruptcy. We honor that courage by having the most helpful and kind bankruptcy team of staff and lawyers in the state of Minnesota, period!

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Want To Help The Economy? File Bankruptcy Now

Posted by Wesley Scott on November 19

I can only imagine the thoughts coming across your mind as you read this title. One of the policy considerations behind bankruptcy is the idea that bankruptcy is good for the economy. What? How can this be true? Let me ask you a simple question; do people who are suffering from enormous debt purchase things? No, they do not. They don’t purchase things because they cannot afford to purchase anything because most of their net income goes to service their debts.

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Minnesotan's Who File Bankruptcy Trust Kain & Scott

Posted by Wesley Scott on November 18

Minnesotans who file bankruptcy trust Kain & Scott. As Minnesota’s oldest, largest, and most Google reviewed bankruptcy law firm, our Google reviews speak for themselves. These reviews come from the heart of our clients, former clients, and people who know and love us. I am always humbled to read reviews left by people. They put such thought into their reviews and you can tell the reviews are left with much heart and meaning. You see, at Kain & Scott, we honor the courage it takes for our guests to reach out to us for help.

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Looking Into Student Loan Discharge Options - Part 2

Posted by Wesley Scott on November 17

As stated in the previous blog, Congress has covered their donors by making student loans non-dischargeable in bankruptcy unless the student/debtor can prove undue hardship. Congress has placed the burden of proving undue hardship squarely on the backs of students/debtors and not big banks which is where the burden should be. After all, the big banks and schools profit immensely off students investing loans into educations, no degrees, and worthless degrees, knowing or should knowing these students had no business a) in college to begin with, b) where in the wrong program for them because there was no testing done to begin with to see what the student’s gifts and aptitude is, and c) these students/debtors were investing far more money into these classes than they could ever recoup in a job they were likely to get.

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Kain & Scott Is Looking Into Student Loan Discharge Options

Posted by Wesley Scott on November 16

Student loans are an abomination. What we have done to our children is reckless and wanton destruction of their future. Yes, America has abolished slavery, but when you look at some of these people saddled with overwhelming student loan debt, and many with no accompanying degrees of any kind, it is little wonder the economy is sluggish. With all these Americans saddled with overwhelming student loan debt who has surplus money to spend on anything else?

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Kain & Scott's Free 90 Dy Credit Repair Program After Bankruptcy

Posted by Wesley Scott on November 11

Getting rid of debt in bankruptcy is a huge step toward getting your life back. But the second step is important too. Repairing your credit is an important step to getting your life back. For example, a lot of people find out after they file bankruptcy that bankruptcy itself doesn’t clear the public records of judgments entered against you pre-bankruptcy filing. People also find out their credit reports are wrong and need helping fixing them. We had a lot of people calling us and asking us who we recommend for auto and home financing and also can you give me some nuggets to rebuild our credit?

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Why Do I Have To Pay Bankruptcy Trustee In Chapter 7 Bankruptcy?

Posted by Wesley Scott on November 10

Some people are confused as to why they have to pay a trustee when they file a Chapter 7 bankruptcy. I get the confusion. Often, it can feel a little bit like being picked on when you are down and out. It is not meant to be that way though. You see, when you file bankruptcy, you must disclose the existence of all your assets. Upon filing the Chapter 7 Bankruptcy you technically do not own your assets anymore, a bankruptcy estate does.

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The One Thing You Will Do Immediately After Filing Bankruptcy

Posted by Wesley Scott on November 9

 Jump for joy! Yes, this is exactly what you will do immediately after filing bankruptcy. I realize you have better things to do than file bankruptcy. Many things come to mind really. A walk in the park, playing with your children, playing the banjo, any number of things. But, if you have anxiety like I do, there is no better feeling than solving a problem that has plagued you for good. And such as it is with crippling debt. Crippling debt destroys your physical, mental, and financial life. It sucks the life out of you. And to have something that destructive out of your life for good is joyous!

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What On Earth Is A Motion For Relief From The Automatic Stay in Bankruptcy?

Posted by Wesley Scott on November 8

What on earth is a motion for relief from the automatic stay in bankruptcy? In bankruptcy, like any other legal field there is legal jargon that is often hard to recognize unless you spend your days in the trenches like we bankruptcy lawyers do. When a petition for bankruptcy is filed with the bankruptcy court, debtor automatically invokes a court ordered injunction against all her/his creditors barring the creditor from doing all sorts of things to debtor to try and collect on a pre-petition debt. This court order is called the automatic stay. It is a powerful weapon against creditors who are abusive and threatening. The automatic stay legally prevents creditors from collecting from debtors. It is a time out if you will.

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What About Borrowed Assets in Bankruptcy

Posted by Wesley Scott on October 30

A lot of people get by, by borrowing items that they either do not want to purchase or they cannot purchase. 

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Minnesotans Who File Bankruptcy Trust Kain & Scott

Posted by Wesley Scott on October 21

Minnesotans who file bankruptcy trust Kain & Scott. As Minnesota’s oldest, largest, and most Google reviewed bankruptcy law firm, our Google reviews speak for themselves. These reviews come from the heart of our clients, former clients, and people who know and love us. I am always humbled to read reviews left by people. They put such thought into their reviews and you can tell the reviews are left with much heart and meaning. You see, at Kain & Scott, we honor the courage it takes for our guests to reach out to us for help.

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Business Turmoil, Covid-19, and Bankruptcy

Posted by Wesley Scott on October 20

If you are a business owner COVID 19 presents challenges regardless of which kind of business you own. But for some businesses, COVID 19 is altogether disastrous. Take the restaurant industry as one example. In Minnesota, restaurants were closed for a certain period of time. While the PPP loan stimulus kept many afloat short term, those funds are now long gone. The trouble is the business has not come back though and the funds are gone. Sure restaurants in Minnesota are allowed to be open under strict guidelines, but when you have a wary public of any kind public gatherings, the number of people actually go to restaurants to eat in side is far less.

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Want to Help the Economy? File Bankruptcy Now

Posted by Wesley Scott on October 20

I can only imagine the thoughts coming across your mind as you read this title. One of the policy considerations behind bankruptcy is the idea that bankruptcy is good for the economy. What? How can this be true? Let me ask you a simple question; do people who are suffering from enormous debt purchase things? No, they do not. They don’t purchase things because they cannot afford to purchase anything because most of their net income goes to service their debts.

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Who is Minnesota's Nicest Bankruptcy Law Firm?

Posted by Wesley Scott on October 19

Kain & Scott is Minnesota’s nicest bankruptcy law firm guaranteed or 100% off your fees™*. What does this mean? You can find our complete guarantee on our website at www.kainscott.com. Basically, if you don’t think Kain & Scott is Minnesota’s nicest bankruptcy law firm (most kind and helpful) and you tell us within 30 days of filing the bankruptcy case, and we cannot rectify the problem to your complete satisfaction, we will not only refund 100% of the attorney fees you paid us thus far, but we will also pay for you to have another bankruptcy lawyer complete your bankruptcy for you. Now is that confidence or what? You don’t guarantee your service will be the most kind and helpful unless it really is the most kind and helpful.

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Covid-19 Will Cause a Massive Bankruptcy Wave

Posted by Wesley Scott on October 18

There is no question about the financial devastation that is befalling American businesses all across the country due to Covid 19. Oh sure some businesses will actually do well due to Covid 19, but many businesses will stumble and fail from Covid 19. All you have to do is take a look at any businesses that has the public visit it in any way to see the carnage. Movie theatres, restaurants, concert venues, sporting arenas, airlines, and many more are literally sustaining drops in business as high as 80%. Even in the best of times most of these businesses will struggle to produce a profit. Now imagine your business revenue falling 20% in revenue much less 80%?

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The Solution to Overwhelming Debt in Bankruptcy

Posted by Wesley Scott on October 17

Don’t listen to the supposed “gurus” who tell you to avoid bankruptcy. Some of these supposed “gurus” filed bankruptcy themselves. And now, they tell you not to file bankruptcy. I sometimes wonder who is paying these people to say this. Is it big corporations or credit card companies? If bankruptcy was good for the guru why is it not good for you too? One even has to be careful with “debt consolidation” companies who are owned in whole or in part by big finance companies.

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After Minnesotans File Bankruptcy

Posted by Wesley Scott on October 17

If I were a Minnesotan looking to file bankruptcy one of the things I would love to know is what do people think, who have already filed bankruptcy in Minnesota, after they filed the bankruptcy? Do these people regret the decision they made to file bankruptcy? Are they thankful they made the difficult decision to file bankruptcy? Would they file bankruptcy again knowing what they know now? These are all wonderful questions I would want to know before I stuck my toes in the bankruptcy waters. Thankfully, there is no need to wonder about these questions. You see, our former guests know exactly how you feel right now. The nerves, the apprehension, and the scared out of your mind feelings you have. Our former guests all felt the same way. But what our guests found is once they filed the bankruptcy and got their lives back, they never regretted the decision to file.

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Have You Heard The Recent News About Chapter 13 Bankruptcy

Posted by Wesley Scott on October 16

COVID 19 has changed a lot of things for a lot of people. If you have a Chapter 13 Bankruptcy plan that was confirmed prior to March 27, 2020, you may have the ability to extend your plan. Under the CARES ACT, Congress extended the maximum Chapter 13 plan to 84 months from 60 months. But this only applies to those people who already have Chapter 13 plans confirmed as of March 27, 2020. Also, there is a sunset provision in the Act. You must have a plan confirmed by March 27, 2021 to qualify for the extension. 

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Filing Bankruptcy Sucks, Your Lawyer Should Not - 1

Posted by Wesley Scott on October 16

At Kain & Scott we authored the book on bankruptcy and attorneys, “Filing Bankruptcy Sucks, Your Lawyer Should Not”. Isn’t this a great title for a bankruptcy book? I love it! It speaks to exactly how one feels about bankruptcy and lawyers who help you through it. Just the thought of filing bankruptcy for some can send them into a full blown panic attack. I get this. The thought of filing bankruptcy can be daunting and very scary. At Kain & Scott, we honor the courage it takes for you to file bankruptcy. We honor that courage by having the most helpful and kind bankruptcy team of staff and lawyers in the state of Minnesota, period! 

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The Single Best Way to Determine if you Should File Bankruptcy

Posted by Wesley Scott on October 15

I know of a single way to determine if you should file bankruptcy. At Kain & Scott we have been around since 1972. We have seen all the reasons for people to file bankruptcy. Every single one of these people are good Minnesotans who simply fell on hard times. Over and over we see the same themes which propel good people into bankruptcy. 

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The One Benefit of Bankruptcy So Many People Miss

Posted by Wesley Scott on October 14

There is a benefit to filing bankruptcy that so many people miss. And after they file the bankruptcy and get a discharge they are surprised to learn of this benefit. You see, so many people mistakenly believe that bankruptcy ruins your credit, and maybe forever. The truth is, just the opposite occurs. People are always surprised to learn that they are able to get credit after bankruptcy. I speak to numerous people who a year after bankruptcy are buying homes, cars, and get credit cards and other lines of credit. They should not be surprised by this at all. You see future lenders don’t care if you fail to pay your creditors, what they really care about is are you going to pay us back if we lend you money?

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Minnesota's Go-To Bankruptcy Law firm

Posted by Wesley Scott on October 13

Many of your neighbors and friends have turned to Kain & Scott for help in resolving a debt problem in Minnesota. They trusted us to take care of them in their time of despair. When we crushed their debt burden and treated them well they left us glowing reviews. We do not take these reviews for granted at all. We cherish them all and are reverent to them all. You see, at Kain & Scott we are here to serve humans in their time of need and despair and convert them into feeling the most hope they have felt in years. It is a beautiful thing to take someone from a place of despair to sheer joy and hope again.

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Legal Lingo in Bankruptcy

Posted by Wesley Scott on October 12

You may hear your attorney throw out quite a few terms in your bankruptcy case. What do they all mean?

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Legal Lingo in Bankruptcy Part 2

Posted by Wesley Scott on October 11

In Legal Lingo in Bankruptcy, we discussed common terms you may hear in a bankruptcy. 

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Filing Bankruptcy In Minnesota

Posted by Wesley Scott on October 11

Be careful of any out of state companies who are trying to solicit you into filing bankruptcy through them, sort of. I say through them sort of because they really don’t handle your bankruptcy case. Instead, some of these companies or purported law firms refer your case back to a Minnesota licensed attorney. How the fees you pay are split between the out of state company and this Minnesota based lawyer is not clear. What is clear is that there is a fee split between the two entities. You don’t need an out of state company to refer you to a qualified Minnesota bankruptcy lawyer. In fact, some of these lawyers are definitely not the most qualified bankruptcy lawyers in Minnesota. 

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Debt Gone In Bankruptcy + Credit Repaired With Kain & Scott = Life Back

Posted by Wesley Scott on October 10

In Minnesota, our clients want their lives back. They want the suffering from overwhelming debt to end and they want a new beginning. In my opinion, you don’t have your life back until 1) your debt is gone in bankruptcy and 2) your credit is repaired using Kain & Scott’s FREE 90 day credit repair program. Now, we can eliminate your debt in either a Chapter 7 or Chapter 13 Bankruptcy. Both bankruptcies have their pros and cons. Every person’s case is different and no two cases are the same. Sometimes people profile like one or the other except for that one fact that makes them the opposite case you would think. For example, suppose a person profiles like a Chapter 7 Bankruptcy except they are 5k behind on the house loan and they desperately want to keep the house? With that additional fact, they might be best suited to a Chapter 13 Bankruptcy where we can cure mortgage arrears over time and keep their home.  

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Can I Be Discriminated Against Because I filed Bankruptcy?

Posted by Wesley Scott on October 9

Section 525 of the Bankruptcy Code does stipulate protections against discriminatory treatment for bankruptcy filers. The code provides that a, “governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise deny employment to, terminate employment of…” a bankruptcy debtor. 11 U.S.C. § 525. Additionally, no private employer may terminate employment or discriminate against a debtor solely because the debtor filed bankruptcy.

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What Should You Do if You Receive A Motion for Relief

Posted by Wesley Scott on October 8

Creditors file a motion for relief, when they want relief from the automatic stay. Typically this is done if the creditor wants to take collection steps against the bankruptcy filer. For example, this could be proceeding with foreclosure, repossession, or other forms of collection.  

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What Are Non-Exempt  Assets

Posted by Wesley Scott on October 7

One of the biggest concerns when our clients file a bankruptcy is regarding what will happen to their home. The amount of equity a client has in their home, determines how we will proceed with protecting their assets using the bankruptcy code. If a single debtor has more than $25,000 of equity in their home, we will use Minnesota exemptions to protect it. Minnesota exemptions can protect upwards of $400,000 of equity in a home—and that exemption is referred to as the homestead exemption. With the protection in place, our clients need to be aware of exempt assets and non-exempt assets. What does that mean? Assets refer to the items you own, exempt means they are afforded protection and non-exempt means they do not fit under a protected category according to Minnesota bankruptcy law.

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Mortgage Vocabulary Through the Bankruptcy Lens

Posted by Wesley Scott on October 6

A mortgage and the intervening terminology involved can be difficult to understand. We wanted to highlight a few terms that tend to pop up when people are considering bankruptcy or are already in an active bankruptcy. Learn all you can about your mortgage lender and develop a mutual relationship so that if unforeseen circumstances do arise, they will graciously assist you.

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What is a Bankruptcy Estate?

Posted by Wesley Scott on October 5

What is a bankruptcy estate?

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Why Would A Law Firm Send Me Solicitations to File Bankruptcy?

Posted by Wesley Scott on October 4

I find this a distasteful thing for lawyers to do. When you are down and out lawyers are sending you solicitations to file bankruptcy; and with them? I do not like this approach at all. I think it is super invasive in terms of privacy and very presumptuous on the part of bankruptcy law firms in Minnesota. You will never see a personal solicitation mailed to you from Kain & Scott—period. 

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The Latest About Filing Bankruptcy In Minnesota?

Posted by Wesley Scott on October 3

Filing bankruptcy in Minnesota has never been easier or smooth for a prospective bankruptcy client. During COVID 19, the bankruptcy courts and United States Department of Justice have relaxed a lot of guidelines as to the bankruptcy process. For example, you used to be required to attend what we refer to as a 341 meeting or a first meeting of creditors after you filed bankruptcy. Now, this meeting is conducted either telephonically or by zoom. 

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What Can You Do About A Rude Creditor in Bankruptcy

Posted by Wesley Scott on October 2

Creditors and collection agencies can be a mixed bag. You never know if you will receive someone understanding and nice or someone who is less than understanding about your situation. 

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Creditor Information in Bankruptcy

Posted by Wesley Scott on October 1

When a bankruptcy case is filed, you state that you have listed all of your assets and creditors in the case. 

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Choosing A Minnesota Bankruptcy Law Firm? There is Only One Choice

Posted by Wesley Scott on September 29

 Choosing the right Minnesota bankruptcy law firm is critical. All you have to do is read the Google reviews from different bankruptcy law firms to know there is a huge difference in the firm you choose. I feel bad for people who choose the wrong bankruptcy law firm. I think sometimes we feel like all professionals are the same, right? Trust me when I tell you that is far from the truth.

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Repossessed vehicles

Posted by Wesley Scott on September 28

In Minnesota if you are in default (i.e. are not making your monthly payments) on your car loan, then the bank can take possession of your car even if they don’t have a court order to do so – as long as they don’t “breach the peace”. Minn. Stat. Section 336.9-609. Once the creditor has possession of your vehicle, the creditor can move forward with the sale of the vehicle. 

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Filing for Bankruptcy and Laughing at Yourself

Posted by Wesley Scott on September 26

 For those of us with high anxiety having someone laugh at you can be devastating. Of Course, as you get older, those sort of things become less irritating to you. In fact, as you get older you become perfectly fine with someone laughing at you or you laughing at yourself. But, can filing bankruptcy be a laughing matter? Of course it can be. I tell my children all of the time, if you are going to get pissed off at everything that goes wrong in your life you will be pissed off a lot. 

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The One Thing You Should Never Do Before Filing Bankruptcy

Posted by Wesley Scott on September 25

We all have anxiety. We all worry about things. And in this day and age you can Google your worst fears and people often do. So it is with bankruptcy. Every single bankruptcy case I have ever handled was slightly different than others. No two bankruptcies were exact. So how can you Google your exact situation? You cannot. But that does not stop us from doing it right? We all have. But it is very dangerous to do so.

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Minnesota's Nicest Bankruptcy Law Firm Guaranteed or 100% off your Fees

Posted by Wesley Scott on September 24

When you are down and out. When you are faced with overwhelming debt, you want a Minnesota bankruptcy law firm that understands your fear of filing bankruptcy. We are so confident that Kain & Scott is Minnesota’s nicest bankruptcy law firm we guarantee it! Now—you can see the details of our guarantee on our website. A firm that is willing to guarantee their service is the nicest (most kind and helpful) has confidence in the service you will receive. 

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Best Bankruptcy Law Firm in St. Cloud, Minnesota

Posted by Wesley Scott on September 23

I know, everyone says they are the best right? But don’t take our word for it. Take the word of the hundreds of satisfied clients of Kain & Scott and you too will agree, Kain & Scott is St. Cloud, Minnesota’s best bankruptcy law firm hands down. I admire the clients who are willing to write and leave, on a public forum, Google reviews about bankruptcy. Trust me, you have to overwhelm clients with kindness, helpfulness, professionalism and exceptional customer service before they will agree to leave one. I think that is a good thing. Clients who feel luke warm about your service do not leave Google reviews.

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Receiving Solicitations from a Bankruptcy Lawyer After Getting a Judgment

Posted by Wesley Scott on September 22

Have you ever had the experience of having a creditor get a judgment against you only to have a bankruptcy lawyer send you a letter soliciting you to file bankruptcy? Don’t you think this personal solicitation is a little cheesy? I mean it is bad enough to have a creditor get a judgment against you but then you have lawyers swooping in to profit off your misery? This does not seem ethical or professional at all. At Kain & Scott we never will send you a letter asking that you file bankruptcy with us because a creditor got a judgment against you. 

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Bankruptcy and Term Limits go Together

Posted by Wesley Scott on September 21

 You might be reading this title and thinking, what does bankruptcy and term limits have to do with each other? Whether you identify as a republican, democrat, independent, or any other party have you ever wondered how it is that someone could be in Congress for 30 years? Our government was supposed to be a government by the people, of the people, for the people. In other words, our government was supposed to be a citizenry government. 

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Read Google Reviews Before Hiring a Minnesota Bankruptcy Lawyer

Posted by Wesley Scott on September 20

 If I had one suggestion to someone looking for a bankruptcy lawyer in Minnesota it is this; read a lot of Google reviews before you call to set up an appointment with the bankruptcy law firm. Don’t read just a few Google reviews, and ignore 5 star reviews with no comments, I don’t believe them. Instead, binge read Google reviews on the Minnesota bankruptcy law firm before setting up an appointment. Do you notice anything troubling? Do you see Google reviews that express the same frustration? If so, move on to the next Minnesota bankruptcy law firm.

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You Can Always Tell When Bankruptcy Law Firm Places Profits Over People

Posted by Wesley Scott on September 19

You can always tell when a bankruptcy law firm places profits over people. Their employees are miserable and their clients are unhappy. Don’t believe me? Take a look at a bankruptcy law firm’s Glassdoor reviews and read it for yourself. Sometimes, you need to take these Glassdoor reviews with a grain of salt because, in some cases, there are rumors of employers incentivizing employees to leave rosy Glassdoor reviews. 

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How You Feel Before Filing Bankruptcy is Polar Opposite How You Feel After Filing

Posted by Wesley Scott on September 19

You don’t need to suffer from high anxiety to be emotionally drained from the thought of having to file bankruptcy. For most of us, the thought of bankruptcy is initially devastating. At Kain & Scott, we know exactly how you feel right now. How? All of our former clients felt the same way you do at this very moment. But do you know what our clients found? Once they got on the other side of bankruptcy, they a) never regretted filing the bankruptcy and b) they are happier than they were before they filed the bankruptcy. This is why the way you feel now will not last forever.

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Filing Bankruptcy is Good for Your Health, Dr. Scott Says

Posted by Wesley Scott on September 18

 We attorneys joke all the time with each other about being doctors. I mean, we really are doctors. If you are a lawyer you have a Juris Doctorate degree which mean you are a doctor. So when I am referring to Dr. Scott, I am referring to myself as a licensed attorney. Now let us get on with the subject at hand.

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Who Will Know I filed bankruptcy?

Posted by Wesley Scott on September 17

 A lot of prospective clients want to know, who will know that I filed bankruptcy? This is a good question and one that I would also like probed before I filed bankruptcy. Filing bankruptcy is public information. However, this is not state court it is federal court. You cannot go down to your local courthouse and look up your neighbor’s bankruptcy because it will not be there. Instead, there are federal data bases that hold information on who filed bankruptcy and when. These data bases are password protected and you have to pay or link a credit card to the data base to gain access to it. Who among us is going to go through the trouble of a) finding the data base, b) sign up for an account, and c) link your credit card to the account to gain access to check on whether someone did or did not file bankruptcy?

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Filing Chapter 7 Bankruptcy in Duluth MN

Posted by Wesley Scott on September 16

Duluth, Minnesota is a nostalgic place I have been visiting since I was a child. To see the city nestled on the banks sloping down to Lake Superior and the vast lake with the sounds of the waves and seagulls brings back memories.  Sometimes this tranquil setting can be the background to not too tranquil problems like debt. Having debt is not tranquil it is stressful and really painful. It can consume you with mental and physical stress. 

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Minnesotan's Beware: Many Google Map Listings Are Fraudulent

Posted by Wesley Scott on September 15

Minnesotans looking to file bankruptcy in Minnesota should be aware that many purported Google Map Business Listings are fraudulent. What do I mean by fraudulent? Google Maps are supposed to be accurate and give the consumer accurate information on which merchants are where and when they are open and staffed on Google Maps. The trouble is pernicious businesses dupe Google into believing that the business’s request for a local Google Map Listing is not false but is a real location staffed and open during its stated hours. For example, to obtain a local Google Map Listing for a law firm, the law firm must operate full time at that location (not by appointment only). So if the law firm represents they are open and staffed from 8:00 a.m. to 5:00 p.m. Monday through Friday that is what Google then believes and represents to the public on Google Maps even if it is false. Why would a law firm dupe Google into publishing false advertising? Because it is big business for the law firm.

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Minnesotan's Needing To File Bankruptcy Turn To Kain & Scott

Posted by Wesley Scott on September 14

There is no worse feeling than suffering from overwhelming debt. The weight of the debt burden crushes you like a rock. It is all you think about night and day. The stress of debt permeates everything from your own physical and mental health to your relationships with co-workers and your family. Even your children feel the stress you are under.

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Where Will My Bankruptcy Take Place?

Posted by Wesley Scott on September 12

The question often arises, “where will my bankruptcy case take place?” I find that some are worried about filing in their hometown or attending a hearing in their county courthouse.

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Can You Pay Off a Chapter 13 Bankruptcy Early?

Posted by Wesley Scott on September 11

The filing of a chapter 13 bankruptcy is voluntary. In chapter 13 bankruptcies, debtors make monthly payments to the trustee’s office to pay off a portion of their debts. The length of the payment plan can range from 36 months to 60 months.

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What Really Happens To My Credit After Chapter 7 Bankruptcy?

Posted by Wesley Scott on September 10

Out of all the questions we bankruptcy lawyers get, this is probably the #1 question asked most frequently. If you have high anxiety, like me, filing bankruptcy can conjure up some pretty bizarre images in your mind. I remember thinking before I was a bankruptcy lawyer that once you file bankruptcy the bankruptcy people would probably follow you in the grocery store and ask why are you buying steak? Ridiculous right? But it is not so ridiculous for those of us with high anxiety. These kind of crazy images come to our mind right off the bat.

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What Is A Chapter 7 Bankruptcy And How Scary Is It Really?

Posted by Wesley Scott on August 31

      A Chapter 7 Bankruptcy is like smacking a re-set button on your life with debt. You hit the reset button and poof the debt is gone and your stress goes away. Tens of thousands of Americans each year smack that reset button and move on with their lives, you can too. The only regret you will have is not filing Chapter 7 Bankruptcy sooner. I am not joking.

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Preference Payments And Why They Are Important

Posted by Wesley Scott on August 30

A “preference payment” is when a debtor treats one or more creditors greater than all of the other creditors. The general idea behind a bankruptcy is that all creditors receive equal treatment, whether in a chapter 7 or chapter 13. Preference payments do not include paying your day-to-day bills and living expenses. The bankruptcy code denotes paying a creditor $600 or more in a 3-month period; however, it is very common that some bills and minimum payments will total $600 or more, such as a mortgage, car payment, credit card minimums, etc. The trustee is looking for disclosure of those payments in your petition and schedules and will likely inquire if you paid above the minimum required payments; getting more than what the regular payment normally is. Disclosure of these payments is required and honesty with your attorney is imperative.

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Common Reasons People Don't Receive Chapter 7 Discharges

Posted by Wesley Scott on August 29

I hate seeing this happen, I really do. If you receive a discharge in Chapter 7 Bankruptcy it is possible to lose the discharge. If you have not received your Chapter 7 discharge yet, it is possible to be denied it. What is the most common reason for losing or being denied a Chapter 7 discharge? Lying on the bankruptcy schedules or lying about your financial affairs under oath.

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What is a Fraudulent Transfer?

Posted by Wesley Scott on August 28

A fraudulent transfer occurs when an individual knowingly transfers property or ownership in property, in an attempt to reduce their assets and the amount of money a creditor can recover. It can also occur when property or assets are sold for less than fair market value. It is aptly termed because in the eyes of the bankruptcy code, transferring your property to someone else with the intent of keeping it from your creditors, is fraud. Not all transfers require intent to defraud your creditors though.

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How To File Chapter 7 Bankruptcy

Posted by Wesley Scott on August 27

Once I have decided to file Chapter 7 Bankruptcy what on earth do I do? What is the first step I should take? Let me ask you a question—if you needed heart surgery would you call a foot doctor or heaven forbid do it yourself? Of course not. The very first thing you need to do is research local quality bankruptcy law firms. And be very careful of some law firms that claim to have a vast local presence when they do not. Now, when you are researching local MN bankruptcy law firms the one thing you must do is read a lot of Google Reviews. These Google Reviews are like gold whether they are positive or negative reviews.

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Businesses File Bankruptcy All The Time Why Can't You?

Posted by Wesley Scott on August 26

Have you ever thought about this? Businesses file bankruptcy all the time. Some seek Chapter 11 Bankruptcy relief and some file Chapter 7 Bankruptcy relief. When these board members get together to discuss the corporation’s debts and assets they don’t invest a lot of emotional energy into the decision to file bankruptcy or not. Filing bankruptcy is either prudent for the corporation to do or not. It either makes good business sense or not.

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Why Some MN Bankruptcy Law Firms Invest In THeir Spaces

Posted by Wesley Scott on August 25

  I have seen many unprofessional office spaces in my day. I have heard of clients meeting with Minnesota bankruptcy lawyers in many other very unprofessional spaces as well. But to get a feel for what these office spaces were like, I travelled to many of them myself. What did I find?

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Debt Consolidation vs. Bankruptcy

Posted by Wesley Scott on August 19

Debt consolidation is the process of taking out a new loan to pay off other liabilities and consumer debt, essentially extending the repayment terms. It does not erase the original debt, but transfers the consumer’s loans to a different lender or type of loan. Debt consolidation usually maximizes the likelihood of creditors collecting from a debtor. 

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What Does Chapter 13 Bankruptcy Mean

Posted by Wesley Scott on August 18

I like to think of a Chapter 13 Bankruptcy like a government sponsored debt consolidation program. In fact, if this is what a Chapter 13 Bankruptcy were called, far more Americans would turn to Chapter 13 Bankruptcy for relief as opposed to being stuck in an endless debt consolidation program through some company. The advantages of a Chapter 13 far outweigh any debt consolidation program out there.

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What Happens If I File a Chapter 13 and My Income Decreases

Posted by Wesley Scott on August 17

In these unprecedented times, there is so much uncertainty in the world that many individuals with steady, good paying jobs, are hunkering down in survival mode for fear of what might happen next. That is a completely normal and healthy response to have in this situation, but if you need help with your finances, you should not let fear of the unknown stand in your way.

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Why You Should Never Delay Filing for Bankruptcy

Posted by Wesley Scott on August 16

Debt is not just a financial problem. It is a physical and mental problem too. Overwhelming debt places an enormous stress on the mind and body that is not healthy for us. Kain & Scott has been around since 1972, we have seen a few things. And one of the things we have seen is the deterioration of health because of debt. Anxiety and depression are common among those people who suffer with overwhelming debt.

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Some Minnesota Bankruptcy Law Firms Invest Little Money in People and Spaces

Posted by Wesley Scott on August 15

Some Minnesota Bankruptcy law firms invest little money in people and spaces and guess who suffers when they don’t? Yes, you do. You see an unhappy workforce results in unhappy clients. There is no other way around this. If an employer has unhappy employees guess what you are going to be? Unhappy! 

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Chapter 7 Bankruptcy Requirements

Posted by Wesley Scott on August 14

Assuming one meets the jurisdictional requirements to file Chapter 7 Bankruptcy, what are the basic requirements to qualify to file a Chapter 7 Bankruptcy? Good question. I have had people over the years who wanted to file a Chapter 7 Bankruptcy but could not. Why? Section 707(b) lays out the elements associated with what we call the “means test”. Basically, if your income is over the median income for your family size in your state, you must go through a “means test” which is a combination of real numbers and set numbers.

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How to Avoid Unprofessional, Unkind, and Unhelpful Bankruptcy Staff in Minnesota

Posted by Wesley Scott on August 13

A law firm should honor the courage it takes for people to reach out for help in resolving a debt problem. Having a debt problem can be embarrassing for many Minnesotans. And instead of seeing Minnesotan’s courage to reach out honored by law firms I found the opposite was happening and it made me mad.

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Dump Debt And Get Your Life Back

Posted by Wesley Scott on August 11

Sometimes, it is ok to hit the reset button in life and move on from an overwhelming problem.  I have never once had anyone regret the decision to dump debt and move on with their lives. The only regret that petered out eventually was the regret that they had not hit the reset button sooner. One of the biggest advantages of filing bankruptcy is not only the debt gone but it goes away tax free. Think about that for a moment. If you owed me 100k and I said forget about it I am going to write off on my taxes as a loss. Well, since I am going to write it off as a loss it has to be income to you.

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Bankruptcy and the Right to be Heard

Posted by Wesley Scott on August 10

 Everyone has the right to be heard. No bias, no judgment, just quiet resignation to being heard by someone who really cares. At Kain & Scott we listen a lot. This is a painful journey for most of our clients and we would be remiss if we didn’t sit back and listen to our guests as they tell their story of what happened to them and overwhelming debt. 

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What is the Deal with Student Loans

Posted by Wesley Scott on August 9

It seems that almost everyone in this country has one thing in common-student loans.  You receive this extensive training, only to find out there are no jobs available in that field, and the skills are non-transferable.  

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What is Chapter 7 Bankruptcy in English

Posted by Wesley Scott on August 8

Chapter 7 Bankruptcy is a bankruptcy where you do not make payments back to your creditors. Instead, your liability on the debt id “discharged” in bankruptcy. Once discharged in bankruptcy, you are no longer liable on the debt, tax free, forever. So while the creditor will write off the debt as a loss on their tax returns, the debt forgiven is not taxable to you under the IRS Code. The IRS Code basically says whatever debt is forgiven as a result of a Title 11 Bankruptcy, which Chapter 7 Bankruptcy is, is not taxable to you. The tax form you should file with your tax return is IRS Form 983.

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What Debts are Discharged In A Chapter 7 Bankruptcy

Posted by Wesley Scott on August 7

If you file a Chapter 7 Bankruptcy, what debts are discharged? This is an excellent question I was just asked a few days ago. This person had some unemployment overpayments, child support, and student loan debt plus about 65k in credit card debt.

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Can I Keep My House If I File Chapter 7 Bankruptcy In Minnesota

Posted by Wesley Scott on August 6

If you are like me and have high anxiety, having debt would cause you to raise this question. If I file Chapter 7 Bankruptcy in Minnesota, can I keep my home? When you file Chapter 7 Bankruptcy in Minnesota, you are able to keep your home. The reason you are able to keep you home is this; there are state of federal exemptions you can use which allow you to keep your home. If you have a lot of equity in your home, you likely will need to use the Minnesota exemptions. If you don’t have a lot of equity in your home, you will likely use the federal exemptions. Do not worry about which set you should use as a quality Minnesota bankruptcy firm will help you with this.

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Do People Survive Bankruptcy?

Posted by Wesley Scott on August 5

I know this headline seems a little silly. But if you have anxiety, this headline is spot on. Yes, people not only survive bankruptcy, they thrive after bankruptcy. Just a few weeks ago I had a former client call me. He said he was in our neighborhood, driving by one of our buildings, and he was reflecting about his own story. He said he remembers being terrified about the prospect of filing bankruptcy. But, he said, after he filed the bankruptcy and got his life back, he never once has regretted the decision to file.

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Have You Been the Victim of Legal Advice Given to you by a Bankruptcy Paralegal in Minnesota

Posted by Wesley Scott on August 2

 At Kain & Scott, we never have potential or current clients receive legal advice from a paralegal. Any legal advice dispensed is always dispensed to you by a licensed Minnesota bankruptcy lawyer. Trouble is, not everyone thinks that it is illegal and unethical for paralegals to give legal advice to Minnesotans suffering from overwhelming debt. 

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How Long Does a Chapter 13 Bankruptcy Take

Posted by Wesley Scott on August 1

 A Chapter 13 Bankruptcy is a government sponsored debt consolidation plan. It is government sponsored because our legislators enacted Chapter 13 Bankruptcy into law under Title 11 of the U.S. Code. 

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How to Qualify for a Chapter 7 Bankruptcy

Posted by Wesley Scott on July 31

The Bankruptcy Code lays out the parameters for who can file a Chapter 7 Bankruptcy. Many of these requirements can be found in Section 109 of the Bankruptcy Code, “Who may be a debtor”. As to who qualifies for a Chapter 7 discharge one needs to look at Section 707 and Section 727 of the Bankruptcy Code. When you put these provisions all together you get a better picture of who can file a Chapter 7 Bankruptcy and who can receive a Chapter 7 Bankruptcy discharge. These two things are quite different.

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When Should I File Chapter 7 Bankruptcy

Posted by Wesley Scott on July 30

When you first realize the boulder coming down the hill is going to run you over. I cannot tell you how many times I have heard clients say, “I just wished I had not waited so long to file.” Personally, I think human beings are far too rough on themselves. We wait far too long before we reach out for help. I think our pride and our vanity gets in the way of taking medicine we often need to take to cure the illness faster. After all, when your finances are sick, isn’t that what you are supposed to do? Find the medicine to cure the ailment and take it? That way, you can move on faster with your life.

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Is There Such Thing as a Covid Bankruptcy?

Posted by Wesley Scott on July 29

The other day, I had a caller ask me is there such a thing as a COVID 19 bankruptcy? I said that is interesting question and the answer is yes and no. No, there is no specific bankruptcy called COVID 19 bankruptcy but yes there are plenty of bankruptcies that are the direct result of COVID 19. It is the same thing as when someone asked about whether there is a bankruptcy dedicated to just medical bills, you know, like a medical bankruptcy. The answer is the same. No, there is no such thing as a medical bankruptcy but medical bills cause a lot of bankruptcies.

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Keeping the House in a Chapter 7 Bankruptcy

Posted by Wesley Scott on July 28

Bankruptcy requires extensive financial disclosure. All debts are listed in your bankruptcy and as well as all of your assets. Even the debts on secured property and the non-dischargeable debts are listed in your bankruptcy. 

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How Much Does Chapter 7 Bankruptcy Cost

Posted by Wesley Scott on July 27

It is natural to want to know how much a Chapter 7 Bankruptcy costs. What are the attorney’s fees and court costs? It can feel a little bit like getting smacked when you are already down. But let’s walk through a typical scenario. Let’s assume you have 50k in unsecured debt that is causing you an enormous headache. You decide to file Chapter 7 Bankruptcy and get your life back which is a smart move. Let’s assume further that your payments on the 50k in debt was $2400.00 per month. Finally, let’s assume you have 3 judgments that have already been entered against you.

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How Often Can You File a Bankruptcy

Posted by Wesley Scott on July 24

There are limits on how often you can receive a discharge in a bankruptcy.  The discharge is where the debtor is released from the liability on their unsecured debts.  

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How Does a Chapter 13 Bankruptcy Work

Posted by Wesley Scott on July 23

This is an excellent question. There are misconceptions out there about what a Chapter 13 Bankruptcy is and how it works. Many people mistakenly think that when you file a Chapter 13 Bankruptcy, and make payments back to your creditors, you are paying all your debt in full. In the vast majority of cases this is not true.

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What Is A Chapter 13 Bankruptcy

Posted by Wesley Scott on July 22

 A Chapter 13 Bankruptcy is a government sponsored debt consolidation program. It is government sponsored debt consolidation program because it is contained under Title 11 of the United States Bankruptcy Code. Built into federal law is a government sponsored debt consolidation program that can be used by many Americans as a tool to get a handle on their debt problem.

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What is the Difference Between a Chapter 7 and Chapter 13 Bankruptcy?

Posted by Wesley Scott on July 21

 Chapter 7 and Chapter 13 Bankruptcy are like different sides of a coin. They are as different as night and day. When most people think about bankruptcy they think about Chapter 7 Bankruptcy. And a lot of people are confused about what a Chapter 13 Bankruptcy is, and is not.

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What is a Chapter 7 Bankruptcy

Posted by Wesley Scott on July 20

A Chapter 7 Bankruptcy is a bankruptcy where you do not make payments back to your creditors. Your liability for your debt goes away and you don’t make any payments back to your creditors. You say, well what’s the catch because this sounds too good to be true? There really isn’t a catch but the focus in a Chapter 7 Bankruptcy is on your assets. If your assets are all “exempt” that means they cannot be taken by a Chapter 7 trustee and used to satisfy your debts. At the end of a 4 month process, whatever debts don’t get paid off, get wiped out, tax free. The vast majority of Chapter 7 Bankruptcies work just like stated.

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What is a Chapter 7 Bankruptcy In St Cloud, MN

Posted by Wesley Scott on July 19

A Chapter 7 Bankruptcy is a bankruptcy where your liability on your debts goes away and you do not make payments back to your creditors. Instead, the focus is on your assets not your income. With assets, the question is, are all your assets protected or are some of them not protected and you will lose. Most people who file bankruptcy in St. Cloud, Minnesota have no assets to lose. In other words, all the assets they own they get to keep.

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How Long Does A Chapter 7 Bankruptcy Take?

Posted by Wesley Scott on July 17

Once you made the decision to file Chapter 7 Bankruptcy, you want to know how long does this process of filing Chapter 7 Bankruptcy take. The answer is approximately 4 months from the time you file the Chapter 7 Bankruptcy until the time you receive your Chapter 7 Bankruptcy discharge. But that is the 2000 foot view of the overall process.

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How To File Chapter 7 Bankruptcy in Minnesota

Posted by Wesley Scott on July 16

You have decided that it is time to end the nightmare staring at you in the form of debt. You summoned the courage and now you want to plow forward. What do you do now? How do you actually file a Chapter 7 Bankruptcy? This is a great question and one has to use a lot of caution here.

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What Is Chapter 7 Bankruptcy

Posted by Wesley Scott on July 15

A Chapter 7 Bankruptcy has often been referred to as a “fresh start” bankruptcy or like hitting a “reset” button. The reason for this is in Chapter 7 bankruptcy you do not make payments back to your creditors. Instead, your liability on those debts gets “discharged” and the creditor can no longer collect on those debts, forever.

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How long should it take to file a bankruptcy?

Posted by Wesley Scott on July 14

At Kain & Scott, we pride ourselves on being able to file a bankruptcy case as quick as any other firm in the country, but the reality is that for many situations, you do not have to rush to file for bankruptcy relief. The decision of “when should you file bankruptcy” can be as important as the question “should I file for bankruptcy” in the first place. This is why it helps to go over your most-important concerns the first time you speak with an attorney to set a timeline.

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How do I know if I can file bankruptcy on certain debts and judgments?

Posted by Wesley Scott on July 13

This question is very simple, yet infinitely complicated, and where the law is grey a bankruptcy judge or jury will decide if any of your debts will survive a bankruptcy filing. It is 11 U.S.C. § 523 (see https://kainscott.com/us-bankruptcy-code/chapter-v/ss-ii/code-523) which states which debts will be excepted from discharge, but unfortunately there is a lot of misinformation out there on the internet about what debts you may get rid of (ie discharge) in a bankruptcy filing. The term is called “excepted” because the default rule is everything gets discharged unless there is an exception.

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Will my employer find out about my bankruptcy filing?

Posted by Wesley Scott on July 10

Filing bankruptcy creates a public record of your request for relief, but it does not mean the general public can search and look-up all the information in your bankruptcy filing. In order to look up the information in a bankruptcy, you need an account in the government’s PACER system, and you are charged for searching through this database. So, while technically most of the information in the bankruptcy filing is public, your coworkers and employer often do not have to know about the bankruptcy filing.

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What is a “secured” debt?

Posted by Wesley Scott on July 9

Secured debt can sound like a foreign term for a lot of people, but it is in fact quite a simple concept. A secured debt simply means your loan or line of credit is attached to some form of property or asset. Secured debts are commonly used for your home (ie mortgage or home equity line of credit), car and equipment loans, or there are even secured credit cards, where the line of credit is attached to funds already deposited.

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Duties involved with filing bankruptcy

Posted by Wesley Scott on July 8

What exactly does filing a bankruptcy involve? Well that largely depends on if you choose to have an experienced bankruptcy lawyer do the work for you or not. What the law requires is stated in 11 U.S.C. § 521. (See https://kainscott.com/us-bankruptcy-code/chapter-v/ss-ii/code-521). These are strict requirements which can result in you being denied a discharge in your bankruptcy, and your debt not being eliminated if you do not comply with the requirements.

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Assets In Bankruptcy

Posted by Wesley Scott on July 7

When a bankruptcy case is filed you are saying to the Court, I have listed everything I own or have an interest in.

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Pros And Cons Of Filing Bankruptcy

Posted by Wesley Scott on July 6

I  like to create lists when I am thinking about the positives and negatives of doing something. It could be buying a vehicle or hiring a professional etc. If you are contemplating filing bankruptcy, I would want to know what are the pros and cons of filing bankruptcy.

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The MN Bankruptcy Law Firm That Honors Your Courage

Posted by Wesley Scott on July 2

At Kain & Scott, we know how much courage it takes to reach out to us for help. We know because all of our former clients felt the same way you do now. And yet, what our clients found is that life on the other side of debt is beautiful. Just yesterday, I had a former client of mine call me and thank me. It was touching to hear his story. He told me I was his attorney 4 years ago in a Chapter 7 Bankruptcy. He said he was driving by our office and wanted to call me and thank me again for helping him and his wife get their lives back. He said he and his wife bought a house, bought new vehicles, and their credit scores are great! He said filing bankruptcy was the best thing he ever did and he was so thankful for help in the process.

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What you need to know about 401(k)s in Bankruptcy

Posted by Wesley Scott on July 1

In my last post, I wrote about issues involving IRAs in bankruptcy cases.  IRAs are a common retirement savings product and Congress and the Bankruptcy Courts have been consistent in giving retirement accounts protection from creditors in bankruptcy cases.

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Chapter 7 Bankruptcy: Process And Fees

Posted by Wesley Scott on June 30

 Chapter 7 Bankruptcy: What is a Chapter 7 Bankruptcy? A Chapter 7 Bankruptcy is frequently referred to as a “fresh start” bankruptcy. The focus in a Chapter 7 Bankruptcy is on your assets. The vast majority of Minnesotans do not lose any assets in Chapter 7 Bankruptcy. Most assets are what we call “exempt” and are not lost to a Chapter 7 trustee. Some assets can be “non-exempt” and those assets get turned over to the estate and liquidated and the proceeds used to pay down your debt. Whatever debt that doesn’t get paid off gets wiped out, tax free, forever. These debts are typically in the nature of credit card debt, unsecured loans, personal guarantees, trade payables etc.

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Everything you need to file bankruptcy in St Cloud, mN

Posted by Wesley Scott on June 29

I recently read one of our Google reviews. It was a review that was describing how thankful our client was that we do all the work. He was also thankful for us doing things behind the scenes he was not aware needed to be done--- because we do them without saying anything to the client.

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Home Mortgages in Bankruptcy

Posted by Wesley Scott on June 28

Perhaps the most common and important question I get from people: “is my home protected in a bankruptcy or do I have to give it up?” The short answer to the question is a qualified YES.

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Chapter 13 Bankruptcy VS Chapter 7 Bankruptcy

Posted by Wesley Scott on June 26

Which is better, a Chapter 13 Bankruptcy or a Chapter 7 Bankruptcy? Honestly, the answer is it depends! Sometimes, you don’t have much of a choice in the matter. As a general rule, if you have the ability to pay back some of your debt you are expected to do so. That means a Chapter 13 Bankruptcy. If you don’t have the ability to pay back your creditors, than maybe we think about a Chapter 7 Bankruptcy. I wish the world was always that simple. Unfortunately, it is not.

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Bankruptcy in MN is normal. Don't be embarrassed.

Posted by Wesley Scott on June 24

Financial trouble brings with it a boatload of negative emotions.  People dealing with money problems experience stress, depression, anxiety and desperation.  Being in a tough spot financially can lead to a feeling of isolation – it’s embarrassing to talk with someone about these troubles, whether that someone be a friend or relative or a stranger.

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What Happens When Someone Dies During a Chapter 13 Bankruptcy

Posted by Wesley Scott on June 22

In my last post I wrote about the rules regarding inheritances as property of the bankruptcy estate – and my focus was on the rules that apply to people in chapter 7 cases. But there’s another chapter that the attorneys at Kain & Scott practice – chapter 13. And inheritances in chapter 13 cases are handled a little differently.

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Self Betterment Through Minnesota Bankruptcy

Posted by Wesley Scott on June 22

As a society we are perpetually telling children to try new things, experience life, fail, grow, and learn. But it seems as we age, we are more reluctant to do any of those things. We like the status quo.  We never want to venture outside of our comfort zone.  But why? Are those not the things that make life worth living-that make you become a more interesting person?  Lately, I have really been trying to push myself to learning new skills.

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Do you have to do a Chapter 13 bankruptcy if you make too much money?

Posted by Wesley Scott on June 18

While the clear majority of bankruptcy cases filed in Minnesota are Chapter 7 (liquidation) bankruptcies. You would be surprised how often people making $50K, $80K, $100K, or even $200K+ need to file for bankruptcy relief. While it is easy to say, “if I made that much money, I could definitely afford my bills and live a normal life.” The problem is, that unexpected events occur (which should now be more obvious than ever), which can cause people earning a high income to no longer afford their bills.

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What if Someone dies During Bankruptcy?

Posted by Wesley Scott on June 17

I’ve posted two recent blogs regarding the concept of property in bankruptcy cases, focusing on property that an individual may not have at the time a bankruptcy case is filed, but which the Bankruptcy Code identifies as property of the bankruptcy estate. I wrote about some common examples of this type of property – earned but unpaid wages, tax refunds, insurance residual payments and real estate commissions. The key point in these examples is that all of these not-yet-received payments were owed to the bankruptcy debtor at the time the bankruptcy case was filed – any wages, refunds, residuals or commissions earned after the filing date belong to the debtor, not the bankruptcy estate.

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Minnesota Bankruptcy Law & Exemption Updates - July 1, 2020

Posted by Wesley Scott on June 16

As attorneys that specialize only in bankruptcy law, Kain & Scott stays on top of all changes to bankruptcy law as they happen through-out the year. Whether this is related to new acts of Congress, such as under the CARES Act which provides specific relief to bankrupt debtors, or Minnesota state law, it is important your bankruptcy attorney stays on top on all changes to the law.

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What happens to your credit after bankruptcy?

Posted by Wesley Scott on June 15

This has to be the most common concern expressed amongst visitors to our website and questions asked during appointments. It is not what you think. What you think will happen does not. People are always surprised to learn that your credit score and overall credit profile typically dramatically improve. Shut the front door right? How can this be true? Sometimes, the images your mind can create are pretty far-fetched. I remember thinking before I did bankruptcy work, I wonder if the “bankruptcy people” like follow you in a grocery store and inventory what you are buying. No! They certainly do not.

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Considering Filing Bankruptcy And Embarrassed?

Posted by Wesley Scott on June 14

I totally get this feeling. I have high anxiety myself and the thought of having to file bankruptcy would be a hurdle that would not be easy for me to jump. How many of us wind up on broken roads we did not expect? If you are honest with yourself you would say every single one of us. Your intentions are wonderful but things don’t always work out the way you hoped. Consider the person who opened a business and hoped to be a millionaire. Don’t we all want this?

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What You Need To Know About IRA's In Bankruptcy

Posted by Wesley Scott on June 13

55% of all the people who are employed in the United States participate in some sort of retirement savings plan – whether that is a pension, a 401(k) or an Individual Retirement Account (IRA).  Congress has been clear in exempting almost all retirement accounts from administration by bankruptcy trustees.  So as a general rule, if you are thinking about the possibility of filing a bankruptcy case you do not have to worry about losing your retirement savings – 401(k)’s and pensions are not part of an individual’s bankruptcy estate and IRA’s are exempt up to more than one million dollars.  So it seems pretty clear that Congress, in passing bankruptcy laws, intended to protect people’s retirement savings from their creditors.

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Minnesota's Most Kind & Helpful Bankruptcy Law Firm

Posted by Wesley Scott on June 12

If you are saddled with debt, you are already stressed out beyond belief. You may also be embarrassed by your situation. At Kain & Scott, we tell you why you should never feel embarrassed about having debt and why there is definitely hope. We have helped people from all walks of life get rid of a debt problem permanently. No one likes to have debt. It sucks. But if you are suffering from a debt problem you do not have to suffer alone.

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Google Map Listing Spam And Minnesota Law Firms

Posted by Wesley Scott on June 8

Unfortunately, there are people in Minnesota who are bent on spamming Google maps and distorting their hours of services or whether they are even actually at a location at all. I recently came across a scenario where the law firm had not been in their purported office location in almost 4 years! This is despite a live Google Map listing showing the law firm had an office at a physical location and the law firm was open like 75 hours per week. In reality, this was not their office and not only was their purported office not open 75 hours a week, they had not been there for almost 4 years.

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Reaffirmation Agreements Explained

Posted by Wesley Scott on June 7

In some situations, a debt can be discharged through a bankruptcy, but a debtor may wish to pay that particular debt. The most common example is a vehicle. Bankruptcy does not prevent a debtor from voluntarily paying a debt that would otherwise be dischargeable. The lender is protected by the security interest attached to the collateral and if the debtor cannot repay the debt, the lender may possess the right to take away the collateral.  A reaffirmed debt is treated as if the debtor never filed for bankruptcy.

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Am I Required to Reaffirm my Mortgage?

Posted by Wesley Scott on June 6

A reaffirmation agreement reinstates that you agree to pay a loan under the same terms and conditions of its original contract. After you have signed a reaffirmation agreement, you are legally bound to that loan and the debt. If something physically happens to your home, you fall behind on payments, or some other breach of contract occurs, you are bound to pay the debt owed after insurance or a foreclosure sale.

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Looking To FIle Bankruptcy in MN? Don't Trust Google Maps

Posted by Wesley Scott on June 4

There is an effort under way to clean up Google Map Business Listings that are complete crap. The effort is called “stop crap on the maps”.  I recently came across 7 Google Map Listings from a single lawyer who claims to have 7 offices and they are all staffed fulltime. How can this be true? How can one lawyer be at all locations, full time? The answer is the lawyer cannot.

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Do I Have Enough Debt To File Chapter 7 Bankruptcy?

Posted by Wesley Scott on June 3

It occurs to me that this is a common question that is asked every day in Minnesota by hundreds of people. In practice, the amount of debt that is “enough” to file a Chapter 7 Bankruptcy will be different for everyone if you think about it. For example, if your income is limited to $675.00 per month in Social Security Disability and you have $5,000.00 in credit card debt, that $5,000.00 may not seem like a lot to you but it is for the person who is making $675.00 per month in Social Security Disability. Plus, what happens if this creditor gets a judgment against this person and threatens to freeze this individual’s bank account?

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Beware of Refinancing Your Debt during this COVID-19 Pandemic.

Posted by Wesley Scott on May 31

Now is a pivotal time for most of us, full of uncertainty, and the decisions you make to deal with the coronavirus and related shut-down can have a huge impact on the rest of your life and business.

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Can I Keep a Couple Credit Cards and Not File Bankruptcy on them?

Posted by Wesley Scott on May 30

Bankruptcy is not something where you pick and choose what goes away and what does not. It takes a snapshot of all your assets and all your liabilities at a particular point in time (ie the date you file bankruptcy), and removes your personal liability for nearly all of them. The question is not what do I get to keep, but what survives a bankruptcy filing? That is: loans attached to vehicles and property (secured debt), debt from a divorce, child/spousal support, criminal court ordered fines, student loans, and most taxes.

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Commissions and Residual Payments In Bankruptcy

Posted by Wesley Scott on May 28

I’ve written a couple posts about property ownership and what owning property means in bankruptcy law.  Determining whether an asset is property of a bankruptcy estate, and thus subject to administration by a chapter 7 bankruptcy trustee is a critical part of a debtor’s attorney’s job.  And as I wrote earlier, one of the tricky issues is that property of the bankruptcy estate can include property that a debtor does not yet control or possess. 

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What is the Bankruptcy Code

Posted by Wesley Scott on May 21

The federal bankruptcy system is grounded on the grant of power contained in the United States Constitution.  This gave Congress the power to create “uniform laws on the subject of bankruptcies.”

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How to choose the right Minnesota Bankruptcy Lawyer

Posted by Wesley Scott on May 20

Don’t settle for less than the best bankruptcy law firm in Minnesota. I am sad when I see clients calling us frustrated because they cannot get a hold of the bankruptcy lawyer they hired. The conversations always go something like this: Client says, “can you help me? I have a problem and I have called my bankruptcy lawyer and she/he will not return my call.” I feel terrible for these people. And the call always puts Kain & Scott in an awkward position. I mean yes, we want to help, always! But, your lawyer is still your lawyer and the person who understands the case the best. So we often say, “look, we are so sorry you are going through this…but we think you should connect with your lawyer and see if you can’t smoke the peace pipe.”

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Property Ownership In Bankruptcy

Posted by Wesley Scott on May 19

A fundamental requirement in bankruptcy law is the determination of the ownership of property.  This applies to both real estate and personal property.  In chapter 7 cases, the ability to exempt property from administration by a bankruptcy trustee can make the difference between retaining or surrendering property.  In chapter 13 cases, the ability to exempt property can have a direct relationship to the amount of the monthly chapter 13 payment.  But who owns property can become surprisingly complicated.  Here are a few guidelines regarding property ownership.

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Can My Tax Debt Be Discharged in a Bankruptcy?

Posted by Wesley Scott on May 19

One of the most common questions we field this time of year is whether 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 bankruptcy, and life, the answer is not a simple yes or no, but it is possible to discharge taxes. Read more to find out if your tax debt might be discharged in a bankruptcy.

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Watch Out For This When Filing Bankruptcy In Minnesota

Posted by Wesley Scott on May 17

There is no shortage of companies and law firms that market to Minnesotans who are suffering with debt. I cringe when I see commercials of companies pedaling solutions to Minnesotans suffering debt through some sort of debt consolidation plan that makes solving the debt problem too good to be true. And often, it is too good to be true. You have no idea how many good Minnesotans get sucked into these plans, many of which front end their fees to make sure they get paid regardless of your success in the supposed plan.

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Minnesotans Filing Bankruptcy Deserve To Be Treated Like Rockstars

Posted by Wesley Scott on May 16

Do you find this headline to be peculiar? I don’t. In fact, we believe this 100% at Kain & Scott. This is not some marketing gimmick at all. We honor the courage it takes Minnesotans to reach out for help. How do we honor the courage it takes to reach out to Kain & Scott? In everything we do from the moment you reach out to Kain & Scott until we are finished putting you through our FREE 90 Day Credit Repair Program and beyond. You see, we are never done with clients at Kain & Scott. Our guests sometimes need things from us years after we represented them in a case. No problem is what you will always hear from us.

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Filing Bankruptcy in MN? Hire a Minnesota Law Firm

Posted by Wesley Scott on May 15

Doesn’t it sound strange to read this? I think it does. Wouldn’t it make sense if you wanted to file a bankruptcy in Minnesota to hire a Minnesota law firm? I think it makes perfect sense. I feel bad for Minnesotans who are solicited by out of state companies or “law firms” to file bankruptcy in Minnesota. You say wait, how does that work? Well, it starts with being very careful when you first communicate with someone about bankruptcy. It turns out, there are companies who solicit you to file bankruptcy in Minnesota by “signing you up” and then referring you back to a Minnesota bankruptcy attorney?

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How To Clear Up Credit Reports After Bankruptcy

Posted by Wesley Scott on May 14

The world is not a perfect place. I am glad it isn’t. Otherwise, life would be very boring indeed! In a perfect world, your credit reports would magically be perfect after filing bankruptcy and receiving a discharge. That does not always occur.

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Coronavirus and Bankruptcy: We Will Get Through This

Posted by Wesley Scott on May 13

There are not too many global events that can affect us all like the Coronavirus can. You may not be personally afraid of the virus but if you are 75 years old and in a retirement home you may be scared to death. We have a collective responsibility to care for one another despite the cost in terms of money.  The Coronavirus has been no fun for anyone. We have literally thousands of scientists all over the world in search for a vaccine. I believe we will 100% have a vaccine for the Coronavirus, the question is when?

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Life After Bankruptcy In Minnesota

Posted by Wesley Scott on May 12

What is life like after bankruptcy in Minnesota? Rarely does this topic get discussed in a blog format. There are all kinds of blogs discussing what to do before bankruptcy, which firm to use, and what bankruptcy is and how it works but very little is written about what really happens to you after bankruptcy is over.

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The Best Birthday Gift To Give Yourself Is Bankruptcy

Posted by Wesley Scott on May 11

If you think I am kidding I am not. One of the best gifts you can give yourself is the gift of mental and physical health. There is no better way to protect your mental and physical health than to shed unwanted debt and repair your credit as fast as you can.

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Never Do This On The Day You File Bankruptcy

Posted by Wesley Scott on May 10

There are things you should never do on the day you file bankruptcy. The date you file bankruptcy is a snapshot of your life that is disclosed to your creditors along with the bankruptcy trustee. From that date, we glean what are your assets and what are your debts. We also see from that date backwards what kind of payments you made to creditors and what kind of transactions you made.

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Filing Bankruptcy For Yourself? You Have a Fool For A Client

Posted by Wesley Scott on May 9

When I was in law school, they always told us the lawyer who tries to represent herself has a fool for a client. Same holds true for non-lawyers trying to represent themselves—especially in a mine laden area of law like bankruptcy. Let me ask you a question--- do you think a heart surgeon would do heart surgery on themselves? Of course not. Do you think a non-heart surgeon would do heart surgery on themselves? Of course not.

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What is the Chapter 7 Bankruptcy Estate

Posted by Wesley Scott on May 8

The Bankruptcy Code provides that filing bankruptcy automatically creates a new legal entity called the bankruptcy “estate.”  The estate separates what property is owned by the individual after bankruptcy from what property is to be sold to pay creditors.  

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Why Minnesotans Should Never Represent Themselves In Bankruptcy

Posted by Wesley Scott on May 7

When I was younger, I remember thinking to myself how much can I save if I do this myself? Sometimes, it made sense and often times it was a major mistake. For example, I remember one time thinking I can change oil in my go-cart right? Wrong! I am not making this up. I was in the process of changing oil on the go-cart when I turned the oil plug just a little too tight. I ended up stripping the oil plug threads. This little snafu cost me several hundred dollars. An oil change would have cost me 20-25 bucks max.

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How To Choose Minnesota's Best Bankruptcy Law Firm

Posted by Wesley Scott on May 6

When I hire professionals, I want the professionals who are not necessarily the “cheapest”, but I want to hire professionals that 1) know what they are doing, 2) treat me like a rock star, and 3) I never have communication problems with. How hard is this to do with bankruptcy lawyers in Minnesota? Harder than you think. The Google reviews are littered with reviews of either bad lawyering or bad communication from the lawyer and his/her staff. This is not right.

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Should I File Bankruptcy or Tough It Out?

Posted by Wesley Scott on May 5

I feel terrible for people suffering from overwhelming debt. Every single one of us wants to pay our bills. I have never met a single person who did not want to pay their bills. Paying our bills is not the question. It is the lack of an ability to pay our bills that we are really discussing. And what it all comes down to is this very relevant question: Should you protect your family over your creditors or not?

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What Is Life Like After Bankruptcy?

Posted by Wesley Scott on May 4

In a word? Wonderful! Why? How can that be? What about my credit? What about my assets in bankruptcy? What about my pride? What if monkeys fly out of my butt? The reason I raise all these questions for you is I have high anxiety. There would be a never ending stream of questions and “what ifs” if I were considering filing bankruptcy. So, we totally understand how you feel right now. All of our current and former clients felt the same way. But what they found is that life on the other side of bankruptcy is wonderful.

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What to avoid when filing bankruptcy in MN

Posted by Wesley Scott on May 3

I remember hiring a lawyer one time. He was juggling many cases. We needed him to represent us in a legal matter that was not overly complicated but we did not have time to do it ourselves. Besides, we learned in law school, that a client who represents themselves has a fool for a client. It is hard to be emotionally detached from a matter and hand the legal matter yourself. That is why even lawyers hire lawyers to represent them.

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Chapter 7 Bankruptcy in Duluth, MN

Posted by Wesley Scott on May 2

A Chapter 7 Bankruptcy is sometimes referred to as a “fresh start” bankruptcy. It’s like hitting the reset button and starting over again or taking a mulligan in golf. It is a wonderful tool that can be used by residents in and around Duluth, MN to get rid of unwanted debt. Each year many Duluth residents opt to get their lives back quickly and are now living without overwhelming debt.

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What to do if your lawyer messed up your bankruptcy

Posted by Wesley Scott on May 1

Unfortunately, we see situations like this all too frequently. We get people who call us up and say basically, can you help us with our bankruptcy? The attorney we hired goofed up and now will not call us back. You would be shocked at how many times Kain & Scott gets this type of phone call. I feel bad for these people but I also wonder, had these good people spent a few more minutes researching Minnesota bankruptcy attorneys, could they have found someone better?

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Coronavirus, Debt And A New Start

Posted by Wesley Scott on April 30

Raise your hand if you have been affected in some way by the Coronavirus? That will be all of us. Now raise your hand if you have been financially devastated by the Coronavirus? That is a lot of us. Now, raise your hand if you wanted to be negatively financially impacted by the Coronavirus? Of course you did not.

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Credit Unions and Cross-Collateralization With Vehicle Debt

Posted by Wesley Scott on April 29

Are you a member of a credit union? Do you have an auto loan on a vehicle with that credit union? Did you know that if you have any other debt with that credit union, it is most likely also secured by your vehicle? Read more to find out why.

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Student Loans and the CARES Act

Posted by Wesley Scott on April 28

On March 27, 2020 the CARES Act was signed into law, which among many things, provided temporary student loan relief. This relief is only for federal student loan borrowers whose loans are held by the US Department of Education. This is an important point. Any private student loans are not affected by this Act, and continue to remain collectable.

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What’s the deal with my credit score and credit report?

Posted by Wesley Scott on April 27

Your credit score is a number that measures how likely you are to repay loans on time. It essentially assesses the risk of an individual not being able to pay back that loan.

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The Background Of Bankruptcy

Posted by Wesley Scott on April 26

The US Constitution authorizes Congress to enact uniform laws regarding bankruptcy. Congress created the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. The Code and Rules set forth the formal procedures and legal processes for individuals and entities experiencing debt.

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How to file bankruptcy in Minnesota

Posted by Wesley Scott on April 25

Debt smothers the life out of you. Everything is dependent upon how much debt you have. Think about it, the kind of vehicle you drive, the kind of home you live in, and even the quality of food you eat is determined by the amount of debt you have. No wonder thousands of Minnesotans each year decide to get their lives back by ridding themselves of debt and repairing their credit using Kain & Scott’s FREE 90 Day Credit Repair Program.

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How to summon the courage to file bankruptcy

Posted by Wesley Scott on April 24

I wonder about this question a lot. If you think it doesn’t take courage to file bankruptcy, you have never done it. My mom used to say that about raising children. She would say, “if you think raising children is easy, you have never done it.” My mom was right about that! Let me ask you a question. When you go to the doctor, and get a physical, do you like doing so? Of course not. We humans are private people and we would prefer not to be exposed. And yet we still go to the doctor. Why? Because we want to protect our health.

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Why Minnesotan's turn to Kain & Scott When They Need to File Bankruptcy

Posted by Wesley Scott on April 23

We know you would rather be fishing, going to the park, or spending time with your family rather than filing bankruptcy. Having debt problems cripples your life. Everything is seen through the prism of the debt you have. Can you purchase this? No, you have too much debt. Can you buy a house? No, you have too much debt. And so the story goes.

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How to improve your credit using Kain Scott's Free Credit Repair Program

Posted by Wesley Scott on April 22

At Kain & Scott, we have two jobs. One is to help our guests eliminate debt using either Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Once the debt is eliminated, we do not leave our guests hanging. We go the distance with our guests.

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What about my coronavirus stimulus check and bankruptcy?

Posted by Wesley Scott on April 21

On March 27, 2020, Congress passed, and the President signed into law the CARES Act, designed by Congress to address the pressing financial concerns facing Americans in light of the  Coronavirus pandemic.

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What is income for bankruptcy purposes?

Posted by Wesley Scott on April 20

The preparation of bankruptcy petitions, schedules and statements, whether for a chapter 7 or a chapter 13 case involves an analysis of how much income is earned by the bankruptcy debtor or debtors.  It’s a factor in the determination of monthly income (the means test) and it’s a factor in scheduling an accurate budget in the bankruptcy schedules.

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Stimulus Checks: What Does It Mean For Your Bankruptcy?

Posted by Wesley Scott on April 19

The CARES Act passed last week by Congress authorized stimulus checks based on income for most Americans.

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What happens to lawsuits in a bankruptcy case?

Posted by Wesley Scott on April 18

One leading reason for people to consider filing a bankruptcy case is becoming a defendant in a lawsuit.  In many cases, being served with a lawsuit is the “last straw” that makes people who have been trying to fight off their financial problems change course and decide to file a bankruptcy case.

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What are the most common causes of bankruptcy?

Posted by Wesley Scott on April 17

Every single client has unique circumstances that brings them into our office. We fully understand that bankruptcy is not what people want to be doing and for that specific reasoning, they don’t want to be in our offices. Please make note, we will never judge you or your circumstances that brought you to us—we will simply help you in the most empathetic and professional way possible.

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How can I build my credit score back up?

Posted by Wesley Scott on April 16

Whether it is after you have received a discharge in your bankruptcy or you are looking for ways to boost your credit score, you have come to the right place! Not only does Kain & Scott specialize in bankruptcy, we also have an in-office credit repair specialist that will make sure your credit report is clear and free of creditors! This is a program we offer free of charge after you receive your bankruptcy discharge.

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Why do my payments change throughout my Chapter 13 bankruptcy?

Posted by Wesley Scott on April 15

On the surface, a Chapter 13 bankruptcy can be kind of a complex configuration of numbers and rules to understand. Our team at Kain & Scott is dedicated to complete transparency and communication with our clients—we want you to understand the ebb and flow of your chapter 13 bankruptcy case!

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BANKRUPTCY: “WE DON’T JUDGE YOU, WE HELP YOU GET YOUR LIFE BACK!™

Posted by Wesley Scott on April 14

If you need to file bankruptcy there is a certain way you would like to be treated by the professional you hire. You would like to be treated with kindness, helpfulness, professionalism, and yes, exceptional customer service. There is one bankruptcy law firm in Minnesota who delivers on these values; Kain & Scott.  These just happen to be the four values Kain & Scott lives by. Those values are the prism for how we hire employees, grade each other, and ultimately the test to see if you can continue to work at Kain & Scott.

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How Many Times Can I File Bankruptcy in MN?

Posted by Wesley Scott on April 9

Just because one event in your life causes you to seek relief in bankruptcy that doesn’t mean it couldn’t happen again. Think about this. You start a business when you are 34. The business ends miserably and you discharge your liability on a large commercial lease, trade payables, and a bank loan in a bankruptcy. Next thing you know you are 48 years old, you suffer a heart attack and you were in the middle of switching jobs and got caught with no health insurance because the Cobra premium was insane and you could not afford it. What do medical bills from a heart attack look like without insurance? I bet the medical bills total 50k or more.

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Coronavirus and Bankruptcy: Is There a Medical Bankruptcy?

Posted by Wesley Scott on April 8

Every once in a while I get asked if there is such a thing as a medical bankruptcy? Well, not really. I mean yes, you can file bankruptcy on medical bills, but there is no “medical bankruptcy” in the sense that there is one particular bankruptcy that handles only medical bills and nothing else.

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Why Minnesotan's Suffering With Debt Choose Kain & Scott

Posted by Wesley Scott on April 7

Minnesotans who are suffering from debt problems go to Minnesota’s largest bankruptcy website: www.kainscott.com. When I am looking for information on a subject, I want the best information I can find. I don’t want to spend days skipping around websites trying to cobble together good information on bankruptcy in Minnesota. If you live in Minnesota and you are contemplating filing a bankruptcy in Minnesota, this is the website you want to go to.

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Coronavirus, Business and Bankruptcy: What is Your passion?

Posted by Wesley Scott on April 6

All across Minnesota, there are tens of thousands of businesses that are suffering because of Coronavirus. Many of these business owners will face bankruptcy through no fault of their own. Who saw a pandemic coming 6 months ago? Even if you could have predicted the pandemic, what would you have done differently? Would it really have changed the course of events in a meaningful way?

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Governor Walz Makes Kain & Scott Essential Business

Posted by Wesley Scott on April 5

There are certain services that are considered essential even during a government ordered Coronavirus shelter in place order/lock down. Getting relief from your debts is one of them. Every Kain & Scott employee is consider an essential worker and will be in the trenches helping good Minnesotans just like you get out from under crippling debt.

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Minnesotans Facing the CoronaVirus and Bankruptcy

Posted by Wesley Scott on April 4

Life is strange and very humbling. For so many of us, just a month ago we were riding stock market highs, good incomes, and plenty of toilet paper. And then, all of sudden someone shut the lights off and everything went dark. The Coronavirus doesn’t care about the economy or your health. It destroys anything in its path. What are Minnesotans to do who have never missed a monthly payment in their life who all of sudden have no income?

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Minnesotans Who File Bankruptcy Go to Kainscott.com

Posted by Wesley Scott on April 3

I am an information junkie. If I am feeling a bit uneasy about a subject I want the most clear and understandable information on the subject so I can get clarity on, and fast. One of the wonderful things about www.kainscott.com is it is written so that an eighth grader can understand it. That is exactly how I want my information on a subject that is a bit foreign to me. I want it so that even an eighth grader can understand it.

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Bankruptcy Is Not The End, It's A New Beginning

Posted by Wesley Scott on April 2

I totally understand the feeling of doom. We people who suffer from high anxiety are all too familiar with that feeling. Don’t ever try to rationalize anxiety because you cannot. If someone says they are afraid of a carrot, trust them, they are afraid of a carrot. And then, add anxiety to bankruptcy, and you get lift off. So many people view bankruptcy as a failure, the end to your credit, and really embarrassing. I totally understand these feelings. We know how you feel. Our formers guests all felt the same way. But what they found, is just the opposite is true.

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Bankruptcy and COVID-19: What the Heck?

Posted by Wesley Scott on April 1

This virus has certainly caused tension and panic, which is very clear. However, Kain & Scott will remain open to answer any questions and to still continue to file Chapter 7 and Chapter 13 bankruptcies. We have had some concerns from current and future clients regarding filing a new case and what will happen with current ones. Below, we will provide some updates and continual assurance that we are here for you during this stressful time!

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What if I want to pay my debt back?

Posted by Wesley Scott on March 31

We have had many clients that come into our office that are truly embarrassed that they have gotten themselves into the situation where they need to file for bankruptcy. You know what? Life does happen and it is going to be okay—we are here help you and never to judge you!

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What if a creditor is not listed on my credit report?

Posted by Wesley Scott on March 30

In this fast paced world we live in many people rely on their credit reports or utilize tools such as Credit Karma to stay up-to-date with who and what is reporting on their credit. We certainly believe this to be an excellent practice, but also would like to provide a word of caution: not all creditors or debts will appear on your credit report.

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Kain & Scott IS MN’s Highest Rated Bankruptcy Law Firm

Posted by Wesley Scott on March 29

When you are in such a vulnerable position like our clients are when they make the decision to file for bankruptcy, the human touch is more important than ever. While any old attorney can file your bankruptcy, having your lawyer and their team wholeheartedly in your court is a rare phenomenon.

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Completing Your Credit Counseling Courses

Posted by Wesley Scott on March 28

No one is going to deny that there is a lot of complicated red tape that those who are filing for bankruptcy have to navigate. And, in addition to that red tape, a whole lot of hoops to jump through as well!

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Why File Bankruptcy and Ignore Your Relatives

Posted by Wesley Scott on March 27

  We all have well-intentioned families. I have heard this a million times. “My dad says I should not file bankruptcy.” “My cousin Louis says I should not file bankruptcy.” “My brother says I should not file bankruptcy.”

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Looking To File Bankruptcy? Hire Kain & Scott

Posted by Wesley Scott on March 26

 If you are looking to file bankruptcy in Minnesota, and you want the highest google reviewed bankruptcy law firm, you want Minnesota’s largest bankruptcy law firm, and you want Minnesota’s oldest bankruptcy law firm, you have all of these in one firm; Kain & Scott.

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Kain & Scott: Minnesota's Bankruptcy Law Firm

Posted by Wesley Scott on March 25

I don’t always root for underdogs. Why? I have a question for you: If you were having heart surgery and I told you, you have a choice between two doctors. The first doctor is a foot and ankle doctor, a family general practitioner and a part time heart doctor. The second doctor has been doing 100% heart surgeries for decades and that’s all she does. Which doctor would you choose to perform your heart surgery? Of course you would pick the second doctor. I would too! There are certain things you just don’t mess around with right? I mean your cousin might say hey, go see Ralph Malph the general doctor and part time heart surgeon but maybe you should consider doing some research yourself.

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Coronavirus and Minnesota's Bankruptcy Law Firm Kain & Scott

Posted by Wesley Scott on March 24

You are not alone. If you feel the earth moving beneath your feet, you are not alone. It is an unsettling feeling. Americans are used of an economic slowdown. But, we are not used to an economic cascading business stop or halt to business. Third world countries and developing countries have experienced these kind of economic halts but not America.

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Kain & Scott's Free Credit Repair Program

Posted by Wesley Scott on March 23

There are numerous things that set Kain & Scott apart from other Minnesotan bankruptcy law firms. Our unbeatable core values, our guaranteed services, numerous locations and attorneys, our proven processes for Chapter 7 and Chapter 13 bankruptcy, our client satisfaction, and our valuable online resources to name a few! Also included in that long list of Kain & Scott assets is Kain & Scott’s FREE 90-day credit repair program.

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Avoid Bankruptcy Professionals That Are Not Professional

Posted by Wesley Scott on March 20

Kain & Scott has been doing Chapter 7 and 13 Bankruptcy work since 1972. In fact, we are Minnesota’s OLDEST bankruptcy law firm. We have seen a thing or two when it comes to so called bankruptcy “professionals”. We have heard it all from our guests who come to us with these horror stories of how they were treated by so called bankruptcy “professionals”.

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Minnesota Bankruptcy Law Firms and Google Reviews

Posted by Wesley Scott on March 19

Have you ever thought about Minnesota bankruptcy law firms and Google reviews? Well, you probably did not unless you are looking for a bankruptcy lawyer right? I have always marveled at the willingness of people who filed bankruptcy to put their names on Google reviews. To me, a guests willingness to put their name on Google reviews either means that they were motivated positively by the way they were treated by the Minnesota bankruptcy law firm or they were motivated negatively by a bad experience they had with a Minnesota bankruptcy law firm.

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Duluth Pros Refer their Bankruptcy Clients To Kain & Scott

Posted by Wesley Scott on March 18

At Kain & Scott we like our clients. We want our clients treated with kindness, helpfulness, professionalism and exceptional customer service. We will not refer our guests to any other professionals, whether they are lawyers, doctors, mortgage brokers, or car sales people, unless the professional agrees to treat our guests exceptionally well.

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Doctors and Lawyers File Bankruptcy in MN Too

Posted by Wesley Scott on March 17

There are some misunderstandings about who files bankruptcy in Minnesota. I think sometimes we tend to categorize people who file bankruptcy. Maybe you think of people who file bankruptcy as a sales person or maybe you think people who file bankruptcy are factory workers. I am here to tell you that bankruptcy filings cross all socio-economic spectrums.

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How To Find Out If you Should File Bankruptcy In Seconds

Posted by Wesley Scott on March 16

Can you imagine an interactive tool you could use to find out if you should be considering filing bankruptcy, and then which chapter you should consider filing? How awesome would it be to spend a few seconds answering a few questions and then have the dial point to what you should do? Imagine the dial pointing to either bankruptcy, do nothing, or debt consolidation.

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Cornoavirus and Bankruptcy in Minnesota

Posted by Wesley Scott on March 14

How will Coronavirus impact bankruptcy in Minnesota? Well, first off, the Coronavirus will cause a number of bankruptcies. Why? Have you seen pictures of the streets in Italy and China? They are virtually ghost towns. The American economy is driven by consumer consumption. It is something like 70% of our economy is driven by consumer likes you and I.

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Before You Hire A MN Bankruptcy Law Firm - Read GlassDoor Reviews

Posted by Wesley Scott on March 14

What a wonderful way to review a Minnesota bankruptcy law firm. Glassdoor.com is a website you can go to read what the current and former employees of a Minnesota bankruptcy law firm have to say about their experience with the firm. I don’t think most people think about www.glassdoor.com as a useful tool in using to decide whether to engage a Minnesota bankruptcy law firm, but consider this: would it make a difference to you, in deciding which bankruptcy law firm to hire, if the former employees had really ugly things to say about the law firm?

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How Kain & Scott Makes Filing For Bankruptcy AFFORDABLE

Posted by Wesley Scott on March 13

One of the things that really sets Kain & Scott apart from other bankruptcy practices is that we offer our clients a payment plan option. A lot of other firms charge 1) for an initial consultation and 2) all of their attorney’s fees upfront! We don’t do either of those things.

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Here is What You Should Know About Chapter 7 & Chapter 13 Bankruptcy

Posted by Wesley Scott on March 12

It’s hard to know where to even start when you are considering filing for bankruptcy. As with any legal proceedings there are so many moving parts and so much red tape! First things first, if you are considering filing for personal bankruptcy you need to know which chapters of bankruptcy are available to you and what the specifics are for each chapter.

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Creditors Harassing You? Make Sure To Do THIS!

Posted by Wesley Scott on March 11

The constant telephone calls, the never-ending e-mails, the over-flowing past due notices. Creditors can be ruthless and heartless when they are attempting to collect a debt. Some use threatening scare tactics in an attempt to get those overwhelmed by debt to cough up every last cent that they have.

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About Your Tax Refund in Chapter 7 Bankruptcy

Posted by Wesley Scott on March 10

If you’re thinking of filing a chapter 7 bankruptcy case, it’s good to know what will happen to your tax refund if you file your case prior to receiving your refund.  For families that are struggling financially, a tax refund can be a difference-maker.  So holding on to the refund through the bankruptcy process is important to a lot of people. 

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You Should File Bankruptcy And Here Is Why

Posted by Wesley Scott on March 9

I have high anxiety. No one analyzes a problem more than people with high anxiety. We scrutinize, we examine, we look under the hood, we go back and forth, and ultimately we end up where we need to be. But not before we think through this problem over and over in our minds. It’s exhausting really.

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Can I Sell My Car After Filing Bankruptcy?

Posted by Wesley Scott on March 8

Picture this: two weeks after you filed a chapter 7 bankruptcy you (finally) get an offer to purchase an older car you own that you’ve had on sales sites for a year.  There’s no loan against the car and the purchase offer – let’s say the offer is $3000 – is less than the maximum amount you can claim for equity in a motor vehicle.  And yes, you could use the cash.  So the question is, can you sell your car (or some other valuable personal property) while you are in your bankruptcy?

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Do I Have To Pay Taxes On Debt Forgiven In Bankruptcy?

Posted by Wesley Scott on March 6

You file a Chapter 7 or Chapter 13 Bankruptcy and you receive your bankruptcy discharge. You think, treats for everyone right? You say, could life get any better? And then, you get a letter from the IRS stating you failed to report debt that was forgiven from one of your creditors. You start to panic. What the hell is going on right? Well, remember that your creditors who sustain a loss will always deduct that loss on their business tax returns. When they report those losses it generates a 1099 to you. Normally, 1099 income from debt forgiveness is taxable to you. You start to really panic now. You are like—wait a minute, I filed bankruptcy on over 100k in debt!

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4 Reasons You Should File Bankruptcy in St Cloud, MN

Posted by Wesley Scott on March 5

There are numerous reasons to file bankruptcy in St Cloud, MN.  But, if I had to limit my top 4 reasons to file either Chapter 7 or Chapter 13 Bankruptcy in St. Cloud, MN, here they are!

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Can I File Bankruptcy With My Spouse?

Posted by Wesley Scott on March 4

One of the questions that does arise from time to time is can one spouse file bankruptcy and the other one not? Yes, one spouse can file bankruptcy and the other one not. There is no requirement that both husband and wife must file a joint bankruptcy. Quite often, there are good reasons why a spouse does not file. Perhaps this is a new marriage and one spouse has no debt and the other spouse came into the marriage with debt wreckage from the previous marriage.

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What You Need To Know About Meeting With A MN Bankruptcy Lawyer

Posted by Wesley Scott on March 3

It might be logistically simple to make contact with a lawyer’s office to make an appointment to discuss the possibility of filing a bankruptcy case.  But it certainly is not easy to do this emotionally.  Many people feel embarrassed to be in a tough financial position, and these people worry that talking openly about these problems will result in a lawyer judging them as somehow not very smart or that they are financial failures.

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An Interactive Dial To See If you Should File Bankruptcy

Posted by Wesley Scott on March 2

I have high anxiety. If I can find comfort in resolving a problem without a lot of stress, well that is what I am going to do. If I was struggling with overwhelming debt, and if I had access to some interactive tool I could use to help me decide if I should a) contemplate filing bankruptcy and b) which chapter I should consider filing, I would do it in a heartbeat!

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Facing Bankruptcy in MN? Go To This Website First

Posted by Wesley Scott on March 1

If you are drowning in debt and you are thinking about filing bankruptcy, there is one bankruptcy site you want to visit. If you are looking for a simple to use website to that will tell you what is bankruptcy, what is the process of filing bankruptcy in Minnesota, and what does it cost, you only need to go to one bankruptcy website in Minnesota. It is the largest bankruptcy website in Minnesota. The website is designed for two people. The first person who simply wants basic information and they want to set up a free strategy session to solve an overwhelming debt problem. The second person wants to dig deep and read as much as they can about bankruptcy in Minnesota.

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What is the Chapter 7 Bankruptcy Process and Fees in St Cloud, MN?

Posted by Wesley Scott on February 28

Wouldn’t it be great if there was one website you could go to and learn about what is Chapter 7 Bankruptcy? What is the process of bankruptcy in Minnesota? What are the bankruptcy fees? Wouldn’t it be great if this information was on one website? Wouldn’t it be great if I could read and understand the information on a basic human level? Surprise! There is a website that has easy to understand information on what is Chapter 7 Bankruptcy in St Cloud, MN and what is the process and fees? Go now to www.kainscott.com and you will see just how easy it is to get your questions answered quickly.

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Wage Garnishments and Bankruptcy

Posted by Wesley Scott on February 27

After the creditor recovers a money judgement (usually by default), the creditor will seek to execute this judgement.  Wage garnishments are common way for creditors to enforce the judgement.  Since wage garnishments threaten your ability to survive, there are exemption statues at both the state and federal level exempting from garnishment a portion of your earnings.  The Federal Wage Garnishment Law applies throughout the United States and provides two limits: (1) a floor preventing any wage garnishment for low income workers; and (2) a maximum percentage that may be garnished for high income workers. The garnishment floor is 30 times federal minimum wage per week.  If you make less than 30 times the federal minimum wage per week, all your wages would be exempt. If you earn over 30 times the minimum wage per week a creditor could garnish the excess up to 25% of your disposable earnings. (“Disposable” wages are the earnings that remain after deducting all withholdings required by law)

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I Need My Car... What Are My Options With Bankruptcy?

Posted by Wesley Scott on February 26

In a Chapter 7 Bankruptcy if you are leasing a vehicle, it is not potential property of the bankruptcy estate and cannot be liquidated. If you own your car or are loaning the vehicle, we determine the amount of equity you have in it. Once determined, we use the applicable exemptions to protect $4,000 (federal) or $4,800 (Minnesota) of equity. If there is more equity than can be protected, an arrangement may need to be made with the trustee to avoid liquidation of the asset; such as a payment plan.

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Do Creditors Get Upset If You File Bankruptcy?

Posted by Wesley Scott on February 25

Have you ever wondered if creditors get upset if you file bankruptcy? Like what would their face look like if they opened a bankruptcy notice on your account? Would the creditor react with shock? Would the creditor cry? Would they laugh? What would the reaction of a creditor be if you filed bankruptcy on their account? Many of our Minnesota guests are surprised to hear that the vast majority of creditors are not shocked and have no reaction to you filing bankruptcy. Why?

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Filing Bankruptcy Sucks, Your Lawyer Should Not

Posted by Wesley Scott on February 20

This the name of a book published by Minnesota’s LARGEST bankruptcy law firm—Kain & Scott. We think the title of the book says it all. We know how much courage it takes to face an overwhelming debt problem for good. And when you summon that courage, the professionals you reach out to for help should honor your courage with kindness, helpfulness, professionalism, and exceptional customer service.

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Bankruptcy Estate Planning

Posted by Wesley Scott on February 19

People who are deciding if they should file a bankruptcy case often are concerned about whether they will be able to retain property that they own as they make their way through a bankruptcy case. It’s an understandable concern. Bankruptcy law sets out a list of property that is “exempt” - that is, the property can be retained by the debtor without the property being administered by the bankruptcy trustee. In chapter 7 cases, debtors have to either turn over to the chapter 7 trustee property that is not exempt or repurchase the property from the trustee. 

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Need to file bankruptcy in Rochester, MN? Avoid this

Posted by Wesley Scott on February 18

Never, and I mean never, call an out of state company to file bankruptcy in Rochester, MN. There are some out of state companies that solicit Rochester, MN residents to file bankruptcy with them. When you see their ad and call the number you end up in a different state. Don’t fall for it. Hang the phone up and call a Rochester, MN based bankruptcy law firm.

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How To File Chapter 7 in Rochester And Get Your Life Back

Posted by Wesley Scott on February 17

Meet Jamie (Fake name). Jamie called us in desperate need of help. You see, his wages were being garnished and Jamie and his significant other just had a baby. Jamie needed all of his wages to keep the roof over his family’s head and to feed his family. Having his wages garnished meant that Jamie was facing a situation where he couldn’t pay rent and pay his bills and keep food on the table.

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Why Bankruptcy Works

Posted by Wesley Scott on February 14

Bankruptcy carries with it a stigma.  It is seen as a refuge for the “deadbeat” - an easy way for someone who knowingly and voluntarily entered into a credit agreement to shed a legal obligation to pay a debt.  So many of the people I meet with to discuss their financial situation express to me that meeting to talk about filing bankruptcy is really their financial last resort - that they have gone to great (and sometimes financial painful) steps to avoid having to make the appointment to start a bankruptcy filing.

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Why Am I Still Getting Letters From The Trustee After Filing?

Posted by Wesley Scott on February 13

 First of all, congratulations on filing bankruptcy and getting your life back! That is wonderful. If you file a Chapter 7 Bankruptcy, the timeline from when you file Chapter 7 Bankruptcy until you get your discharge is about 4 months. However, that does not mean that your case is over.

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What is The WIld Card Federal Bankruptcy Exemption?

Posted by Wesley Scott on February 12

You will sometimes hear bankruptcy lawyers talk about the “wild card” bankruptcy exemption and you wonder what that is. When you file bankruptcy, debtors are required to disclose all their assets on schedules. You are also required to select exemptions if you want to exempt, or protect, your assets. Section 522(d) of the Bankruptcy Code lays out the exemptions you can select under the Federal Bankruptcy Exemptions. You can chose none of the exemptions if you wish to, but we would not recommend that.

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Welcome to St Cloud, Minnesota's Best Bankruptcy Law Firm

Posted by Wesley Scott on February 11

If you live in or around St. Cloud, MN and you are thinking about filing a Chapter 7 or 13 Bankruptcy, look no further than St. Cloud, MN’s LARGEST Bankruptcy law firm. When you visit www.kainscott.com, you will be visiting Minnesota’s LARGEST Chapter 7 and 13 Bankruptcy website. Easy to understand information on what is bankruptcy, what is the bankruptcy process like in Minnesota, and how much will bankruptcy cost me in St Cloud, MN, are all right there for you to review in the comfort of your home.

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How To Avoid Debt Consolidation in Rochester, MN

Posted by Wesley Scott on February 10

You read this correctly. Debt consolidation is a complete waste of time. There are numerous problems with debt consolidation. Let me count the problems.

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Do Bankruptcy Trustees in MN Have Their Favorite Firms?

Posted by Wesley Scott on February 8

There is no doubt in my mind that Chapter 7 and Chapter 13 trustees in Minnesota have their favorite bankruptcy law firms. They likely also have their list of bankruptcy lawyers and bankruptcy law firms they are not so fond of. How does Kain & Scott know this to be true? We attend bankruptcy hearings all across the state of Minnesota and we talk to these trustees regularly.  We also see the commotion of lawyers and their clients at these hearings having conversations about why the schedules are not correct and why they now have some problems.

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If You Do These 3 Things, Don't FIle Bankruptcy

Posted by Wesley Scott on February 7

I want to make sure you understand I think bankruptcy is a wonderful tool that can be used to get your life back. I have personally witnessed thousands of Minnesotans get their lives back over many years and I can attest to you, they all were very thankful that bankruptcy exists to allow them to move on from a nightmare in the form of overwhelming debt.

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If Donald Trump Can File Bankruptcy, So Can You

Posted by Wesley Scott on February 6

If Donald Trump can file bankruptcy, so can you. There have been presidents who have filed bankruptcy before and there have been thousands of actors and actresses and comics who have filed bankruptcy. Bankruptcy is a legal tool that can be used to get rid of debt. If you start a business, and things don’t go well, bankruptcy is there to help out. One of the policy reasons behind bankruptcy is we want people taking risks and starting businesses because when they succeed it is good for the economy.

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Can Creditors Freeze My Bank Accounts?

Posted by Wesley Scott on February 5

After the creditor recovers a money judgement (usually by default), the creditor will seek to execute this judgement.  One common way that creditors seek to satisfy the judgement is by recovering property belonging to the debtor that is held by a third party-often a bank or employer.  The creditor will serve this third party with a writ of execution and the third party will have to file a “return” identifying any property that belongs to you and is held by the third party. You will be given a copy of this return and will have an opportunity to claim exemptions or make other objections before the property is turned over to the creditor. 

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Chapter 7 Bankruptcy Basics in Mankato Minnesota

Posted by Wesley Scott on February 4

Ok, so you are researching Chapter 7 Bankruptcy and you come across a lot of legalese that is confusing and long. You say, why can’t anyone just explain what a Chapter 7 Bankruptcy is in a few short paragraphs that is easy to read and understand. Well, here we go!

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Minnesotans Who Filed Bankruptcy: Beware of This Scam

Posted by Wesley Scott on February 3

Minnesotans who have filed either Chapter 7 or 13 Bankruptcy ought to be aware of a scam that is becoming more pervasive. As people who file bankruptcy know, bankruptcy filings are public information. Unfortunately, some scam artists are using this public information to extort money from unsuspecting victims.

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How to Find an Awesome Bankruptcy Lawyer in Rochester

Posted by Wesley Scott on February 1

From the author of, “Filing Bankruptcy Sucks, Your Lawyer Should Not”, this week we discuss how to find an awesome bankruptcy lawyer in Rochester, MN. You would be surprised at how unhelpful and unkind some professionals can be. At Kain & Scott, we have been perfecting the process of bankruptcy since 1972, always making the process more comforting and soothing to our guests as possible. Our core values are kindness, helpfulness, professionalism, and exceptional customer service.

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Beware of BBB Reviews On Out of State Bankruptcy Law Firms

Posted by Wesley Scott on January 31

This a warning to any Minnesotans considering filing bankruptcy and using some out of state company who says they will refer you back to a Minnesota attorney for bankruptcy. If you make a phone call and wind up speaking to an out of state company about bankruptcy, before you do anything, and certainly before you pay this company ANY money, check the companies name with the BETTER BUSINESS BUREAU.

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Bankruptcy and Musical Instruments

Posted by Wesley Scott on January 29

The bankruptcy law requires all bankruptcy debtors to “schedule” (list) the personal property they own, and if they so choose, to protect, their personal property by claiming an exemption in the property.  Minnesota is one of 16 states that allow bankruptcy debtors to choose between the Federal Bankruptcy Code’s exemptions or the exemptions provided in state law (as well as federal non-bankruptcy law).

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4 Steps To Filing Chapter 7 In Rochester, MN

Posted by Wesley Scott on January 28

Hi everyone! If you live in or near Rochester, MN, what are the 4 steps to filing Chapter 7 Bankruptcy in Rochester, MN? Good question. Let’s get right to work.

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St Cloud Minnesota's Largest Chapter 7 and 13 Bankruptcy Website

Posted by Wesley Scott on January 28

If I were looking to file Chapter 7 or 13 Bankruptcy in or near St. Cloud, MN, I would want to use a bankruptcy website that has easy to understand information on what is bankruptcy anyway? How does the process of bankruptcy work in Minnesota? And what are the fees associated with bankruptcy? I would want all of this information in one easy to read bankruptcy website from Minnesota’s HIGHEST GOOGLE reviewed bankruptcy law firm.

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The Truth About Chapter 7 Bankruptcy in Rochester, MN

Posted by Wesley Scott on January 27

Have you ever heard of supposed “gurus” telling you to avoid bankruptcy? I laugh every time I hear of someone mention the name of a supposed “guru” who tells people this kind of non-sense. I mean how is easy is for someone else to tell you to avoid filing bankruptcy. Are they going to pay your bills? How many packages of ramen noodles do you have to eat before you say, you know what, I don’t give a damn what these “gurus” say. In fact, funny story. Some of these self-promoting gurus have filed bankruptcy themselves!

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Problems With Business Credit Cards - Another Look

Posted by Wesley Scott on January 24

Some business people experiencing financial trouble, particularly those who operate service-based businesses, would like to use personal bankruptcy as a way of getting out of the financial hole without the need to close their business.

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Do You Owe Money to Friends or Family? Beware of This Before Filing

Posted by Wesley Scott on January 23

 We all want to pay back our debts. NO one is racking up a tab they do not ever intend to pay because they are planning to file for bankruptcy to “take care” of the debt. We want to be able to pay off our loans and bills but sometimes we find ourselves in a position where we just can’t. And that’s okay. That is what bankruptcy is for –a resource, a lifeline, for those who are struggling.

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Kain & Scott Is Your Hotspot For MN Bankruptcy Info

Posted by Wesley Scott on January 22

There is an endless amount of information on the internet. Both accurate and inaccurate about everything under the sun. Finding truthful, useful information about bankruptcy is not an easy task (or, let’s be honest, a particularly fun one either).

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When Kain & Scott Files Bankruptcy –You Don’t Have to Worry

Posted by Wesley Scott on January 21

If you have made the courageous decision to file for bankruptcy, you are already stressed out. You have been pushed to your breaking point and have decided enough is enough –you are taking your life back.

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Bankruptcy and Your Taxes

Posted by Wesley Scott on January 19

With tax season is fast approaching. For many of us this means the exciting prospect of tax refunds giving your bank account a healthy boost. Many clients that we will see in the coming months will be forced to weigh their options about when to file bankruptcy and/or what filing bankruptcy will mean for their tax refunds or their tax debts.

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Kain & Scott’s Connections Will Help You Get Your Life Back

Posted by Wesley Scott on January 18

Many of our guest feel isolated and helpless when they first walk through our doors. They have exhausted every avenue and it feels as if every door has been slammed shut in their face. We are their last resort, their last hope. What many do not realize is that Kain & Scott’s helpfulness and companionship does not end with your bankruptcy discharge or the closing of your case.

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St Cloud Minnesota's Best Banrkupcy Law Firm

Posted by Wesley Scott on January 17

Contemplating filing a Chapter 7 or Chapter 13 Bankruptcy is gut wrenching. If you are a person with low anxiety, your anxiety level will even shock you during this kind of time. It is perfectly normal to feel afraid when you are contemplating bankruptcy and its effects (which by the way, are the opposite of what you think!).  The anxiety you suffer through when contemplating bankruptcy should be honored by the bankruptcy law firm you deal with.

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The Free Interactive Bankruptcy Tool You've Been looking For

Posted by Wesley Scott on January 16

Wouldn’t it be great if we had a FREE interactive bankruptcy tool which would allow you to determine a) should you file bankruptcy and b) should you file a Chapter 7 or Chapter 13 Bankruptcy? Surprise! We do have this available to you! If you go right now to www.kainscott.com you will find a FREE interactive tool which will help you decide a) should you consider filing bankruptcy, and if so, should you consider filing a Chapter 7 or Chapter 13 Bankruptcy?

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What is the Automatic Stay?

Posted by Wesley Scott on January 15

You may wonder if there is any sort of protection afforded to you when you file for bankruptcy. Good news, there is! The bankruptcy code has a provision, 11 U.S. Code Section 362, that offers debtors relief from the endless communication and disturbances from creditors. This provision is known as the Automatic Stay. It is certainly one of the benefits of filing for bankruptcy.

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Filing Bankruptcy in Rochester, MN? Beware of These 2 Things

Posted by Wesley Scott on January 14

For some reason, Rochester, MN has some issues with bankruptcy “professionals” located in and around Rochester, MN. Sometimes, these “professionals” are not even in Rochester, MN but they are located out of state. Recently, I was doing some research of my own and came across some interesting information. If you are looking to file Bankruptcy in Rochester, MN, and you are looking to hire a bankruptcy “professional” you should be aware of these two things. I know I would want to know both of these if I were searching for a bankruptcy professional in Rochester.

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Filing Bankruptcy in MN Does NOT Get Rid of Your Judgments! WE DO!

Posted by Wesley Scott on January 13

After filing for bankruptcy, many are frustrated to find that long after the fact when they are applying for home or auto loans a judgment pops up on their credit report. They are confused because this judgment was supposed to have been discharged through their bankruptcy.

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When Filing Bankruptcy in Rochester, MN Watch For This

Posted by Wesley Scott on January 11

Many people who live in or around Rochester, MN are considering bankruptcy right now. If you are considering bankruptcy, watch out for this one issue that trustee’s look for all the time. They watch to see if people who file bankruptcy pay family members money owed to them in advance of filing bankruptcy. What is the big deal, you say, if you pay your parents back 10k within a year prior to filing a Chapter 7 bankruptcy?  Well, it really isn’t a big deal to pay back your parents 10k. But this assumes you are not filing Chapter 7 Bankruptcy within a year of paying your mom and dad back.

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What is Chapter 7 Bankruptcy in Eagan, MN

Posted by Wesley Scott on January 10

When folks think about bankruptcy, they often think about a Chapter 7 Bankruptcy. A Chapter 7 Bankruptcy is often referred to as the “fresh start” bankruptcy. The idea is to eliminate your debt and start over fresh! Each year, thousands of Minnesotans hit the “reset” button we call Chapter 7 Bankruptcy and get their lives back. But, what really is a Chapter 7 Bankruptcy and how do I get started?

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I Filed Chapter 7 Bakruptcy in Eagan And Got My LIfe Back

Posted by Wesley Scott on January 9

Meet Tony and Lisa. They were leading a middle class lifestyle for a long time. Tony was a 10th grade history teacher and Lisa was an RN. They always made decent money and always were able to pay their bills on time. They would both admit they lived a great lifestyle. They lived in a 500k home, took trips often, and drove really expensive vehicles. Financially, life was really good.

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Why do Minnesota professionals refer their clients to Kain & Scott?

Posted by Wesley Scott on January 8

Bankruptcy is an emotional and sensitive topic. When Minnesota professionals refer their guests to a Minnesota based law firm, they want the law firm to take extraordinary care of their clients they are referring. As a lawyer, I do not find it funny to refer a client of mine to a company only to find out the client was treated poorly by the company. In fact, at Kain & Scott, we ONLY refer our guests to companies and lawyers who promise to treat our guests well. If they fail to, they come off our list.

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MN Professionals Refer Bankruptcy Clients To Kain & Scott

Posted by Wesley Scott on January 7

Minnesota professionals refer their clients, who are overwhelmed with debt, to Kain & Scott. Who are these professionals? Attorneys all across Minnesota trust Kain & Scott to treat their clients with kindness, helpfulness, professionalism, and exceptional customer service. Attorneys who refer their clients to Kain & Scott know that they are referring their clients to Minnesota’s HIGHEST GOOGLE reviewed bankruptcy law firm and their clients will be treated exceptionally well. Don’t trust my word for it, trust the hundreds and hundreds of 5 star reviews describing their experience with Kain & Scott.

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Minnesotans Beware: Filing Bankruptcy Yourself is Foolish

Posted by Wesley Scott on January 6

Unfortunately for Minnesotans already suffering with overwhelming debt, there are now companies suggesting that filing bankruptcy yourself is a great idea. Take it from Minnesota’s OLDEST bankruptcy law firm, who has seen the aftermath of Minnesotan’s trying to file bankruptcy themselves, not only is it not a good idea at all, but it is not free when you make mistakes and end costing yourself far more money than if you would have hired a lawyer to begin with. Don’t fall for the bait. Who wins if you mess up on your bankruptcy schedules? Creditors win—you lose.

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File Chapter 7 Bankruptcy And Start 2020 Right

Posted by Wesley Scott on January 3

We all do it. We make financial mistakes and over extend ourselves. If you live in Minnesota and you are knee deep in debt, start 2020 out right and file Chapter 7 Bankruptcy. Nothing allows you to move beyond debt quicker than filing Chapter 7 Bankruptcy and getting your life back now. As the holidays pass us by, we know the debt that is left over. Our hearts are always in the right place but our pocket book doesn’t seem to keep up with our heart.

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WHy Creditors Hope You Make The MIstake Of Filing Bankruptcy Yourself

Posted by Wesley Scott on January 2

We are seeing organizations proliferate that encourage Minnesotans to file bankruptcy themselves. I am sure the people that run these organizations mean well. However, they are leading people down a path that puts their future in jeopardy. Creditors hope people file bankruptcy themselves. Why? Because you are bound to make serious mistakes that will cost you money which means a gain for creditors.

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What You Should Know About Your 341 Meeting’

Posted by Wesley Scott on January 1

A necessary step of the bankruptcy process is what is called a 341 Meeting. Your attorney may also refer to it as a meeting of creditors. What is the purpose of this meeting? Why is it important? What happens during this meeting? These are all great questions with very straightforward answers!

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What Happens To My Credit During a Bankruptcy?

Posted by Wesley Scott on December 31

This is a big worry for most of our clients. And why wouldn’t it be? Your credit can determine a lot of things: credit card or loan approval, interest rates, eligibility for housing or vehicle loans, and more! It’s only right that one would be nervous about their credit after filing a bankruptcy. So let’s go over what will happen to your credit throughout the bankruptcy process.

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Determining Which Chapter of Bankruptcy You Should File

Posted by Wesley Scott on December 30

While the outcome of Chapter 13 bankruptcy and Chapter 7 bankruptcy is ultimately the same: discharge of your debts, the journey to discharge is different between the two chapters. A Chapter 7, from start to finish is between 3-6 months. A Chapter 3 is 3-5 years. This is a big difference. So, how does your Kain & Scott attorney help to determine which chapter of bankruptcy you are eligible to file for?

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Minnesota Bankruptcy Vs. Debt Consolidation

Posted by Wesley Scott on December 29

I start with one universal truth: Every single person I have ever met wants to pay their bills and do so on time. Want another universal truth? We are all human and our brains are imperfect and we WILL do imperfect things. Like what? Like start businesses that fail, start relationships that end, suffer mental and physical health problems, lose income, and yes, make bad financial decisions. If you know of anyone who says they have not made bad financial decisions, you may feel free to call them a liar, because they are lying. So, now that we have these two universal truths out of the way, once debt has been incurred how do you go about solving the debt problem for good?

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How to Know if You Chose the Right Attorney

Posted by Wesley Scott on December 28

It is never easy to know if you have made the right choice. This goes for nearly every decision we make, whether is it choosing the right home or car to buy, deciding when or where to start a family, saying ‘yes’ to a new job, or saying ‘no’ to your kids! 

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What Are The Benefits of Filing With Kain & Scott?

Posted by Wesley Scott on December 27

One would think that a bankruptcy filing is a bankruptcy filing no matter the attorney or firm who files it, right? So why would one choose one bankruptcy firm or bankruptcy attorney over another? Why would a potential bankruptcy filer choose Kain & Scott over the competition?

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Is Filing For Bankruptcy Worth It?

Posted by Wesley Scott on December 26

Filing for bankruptcy is a difficult decision. A decision that no one should take for granted or take lightly. When deciding whether or not to file a great question to explore is this: is filing for bankruptcy worth it for me? Taking into account all of your debts, incomes, expenses, and assets, is bankruptcy the best route for me. What are the pros and cons of filing? What is gained and what, if anything, is lost during the bankruptcy process? Most of these questions are best discussed with an experienced bankruptcy attorney in a consultation. But how does one decide to take that initial step and schedule an appointment? Here are some questions to ask yourself:

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What Your Credit Score Looks Like After Filing Chapter 7 in Rochester

Posted by Wesley Scott on December 24

It is likely the most common question bankruptcy attorneys get. You want to know what is the “impact” of filing Chapter 7 Bankruptcy on your credit, right? Of course!  It is not what you think. In fact it is the opposite. But don’t take my word for it, ask our guests!

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Why File Chapter 7 Bankruptcy in Rochester, Minnesota

Posted by Wesley Scott on December 23

Kain & Scott is Rochester, MN’s oldest bankruptcy law firm. We have been doing bankruptcy work since 1972. I am going to let you in on one universal truth we have learned over the years. That is, Minnesotans wait far too long before they file Chapter 7 Bankruptcy and get their lives back. I know, we as humans want to avoid the “b” word. But let me ask you a question: Would you avoid a medical procedure if you knew that you would IMMEDIATELY get relief from the procedure? You would not, right? The same holds true for bankruptcy.

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What Not To Do Before Filing Chapter 7 In St Cloud, MN

Posted by Wesley Scott on December 22

There are things you should never do before filing Chapter 7 Bankruptcy. Experienced bankruptcy attorneys can guide you through the complicated landscape of bankruptcy in Minnesota. We have seen what happens when someone refuses to pay for quality bankruptcy representation and it is not pretty.

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Filing Chapter 7 in St Cloud, MN? Watch For This...

Posted by Wesley Scott on December 21

Whenever I hire professionals, I expect the professional to be kind to me, answer my phone calls, and of course, they must know what they are doing. I realize people need to start out somewhere in life but honestly, I would prefer they not start out on me.

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Understanding What A Chapter 7 Bankruptcy is in Duluth, Minnesota

Posted by Wesley Scott on December 20

Let’s face it, there are a lot better words in the English dictionary than bankruptcy. But, thank goodness we have a tool to fix a problem. It is not different than taking aspirin for a headache. What exactly is a Chapter 7 Bankruptcy?

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Best Duluth, MN Chapter 7 Bankruptcy Attorney

Posted by Wesley Scott on December 19

If you are filing Chapter 7 Bankruptcy in Duluth, MN you want the best Duluth, MN Chapter 7 Attorney right? Of course! I know I would too. If you spend 15 minutes or less researching the best bankruptcy lawyer in Duluth, MN you are going to find an awesome bankruptcy attorney.

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If You’re Struggling With Debt in MN, Here Are Your Options

Posted by Wesley Scott on December 18

Although it may not seem like it, when you are struggling with overwhelming debt you do have choices. Some may not be the most desirable or the best choices, but it is a good idea to take a look at all of your available options.

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What Can and Can’t Be Included In A Minnesota Bankruptcy

Posted by Wesley Scott on December 17

One of the things that a Kain & Scott attorney will help you to do during your initial consultation is to take inventory of all of your assets, income, expenses, and debts. Our attorney will collect this information and, based off of it, make a recommendation on what the best avenue is for getting your life back!

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How Does a Minnesota Bankruptcy Protect My Assets?

Posted by Wesley Scott on December 16

We know how hard you have worked for everything that you have. Those household luxuries that most take for granted mean so much more than their material cost. They are comfort and memories. This is especially true for those who are suffering from overwhelming debt.

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Preparing to File Your Bankruptcy With Kain & Scott

Posted by Wesley Scott on December 13

One of the most important documents that you will receive from our office after you have had your initial consultation is a personalized document checklist. Based off of your conversation with one of our attorneys, a checklist will be drawn up for you to take home.

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You Are Not Alone With Your Kain & Scott Team!

Posted by Wesley Scott on December 12

Bankruptcy can feel lonely. No one talks about it. No one wants to admit they are in an active bankruptcy or have filed for bankruptcy in the past. Many filers feel that their only lifeline during this difficult time is their attorney. And, let’s be honest, most attorneys don’t exactly have what we call “bedside manner.” This doesn’t really help with the “lonely” feeling.

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Expect the Best with Kain & Scott

Posted by Wesley Scott on December 11

I am the type of person who does not like the unexpected. Before I do anything, I want to know: what is the plan? What can I expect? When, where, and how are things going to happen? Whether it is a night out with friends or an important doctor’s appointment, I need to know what is going on!

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Best Bankruptcy Law Firm in Rochester, MN

Posted by Wesley Scott on December 10

If you are looking for the best bankruptcy law firm in Rochester, MN, you found it! Ok, I know, we are tooting our own horn which can come off as unseemly. But, what if I told you we are not the ones tooting our own horn? What if I told you that your own family and friends in Rochester, MN voted Kain & Scott not only Rochester’s, but Minnesota’s BEST bankruptcy law firm by making Kain & Scott the HIGHEST Google reviewed bankruptcy law firm!? It is true, and the benefits you!

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Are You Afraid To File Bankruptcy in Rochester, MN

Posted by Wesley Scott on December 9

At Kain & Scott we understand how terrifying it is for guests to face the prospect of a bankruptcy. Most of us have some level of anxiety in general. But, when it comes to bankruptcy, and the thought of filing one, most of our anxiety levels would shoot the moon. Why? Why is it that people are afraid to face bankruptcy if they need to do so to protect their family?

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There Is NO Shame in Getting Your Life Back

Posted by Wesley Scott on December 7

One of the most powerful human motivators is shame. Shame can drive you to make choices you might not have wanted to. Shame can also keep you from making the choices that are in your best interest. Typically, people believe that filing for bankruptcy is shameful. Bankruptcy is something to be hidden and locked away and never spoken about.

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How Bankruptcy Can Protect What Matters Most

Posted by Wesley Scott on December 6

Many people who don’t understand bankruptcy believe that bankruptcy means loss. They think that bankruptcy means losing all of your material things: your home, vehicles, and your stuff. They also tend to think that bankruptcy means losing non­-material things: your pride, your dignity, and your financial security.

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A Debt “Solution” to Avoid: Debt Consolidation

Posted by Wesley Scott on December 5

A day ago, I had a conversation with a new client and it started out with a simple statement: “My wife and I are currently working with a debt relief company but it doesn’t seem to be working. We are $40,000 in debt now.”

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The Difference Between Chapter 7 and 13 Bankruptcy in Rochester, MN

Posted by Wesley Scott on December 4

Many people in Rochester know they need to file bankruptcy, but they are not always confident they know the difference between Chapter 7 and 13 Bankruptcy. I am going to explain the basic differences between a Chapter 7 and 13 Bankruptcy so it is easily understandable.

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Want To File Chapter 7 Bankruptcy in Rochester, MN? Do This Now

Posted by Wesley Scott on December 3

If you are contemplating filing a Chapter 7 Bankruptcy in or near Rochester, MN, do this now! Go now to www.kainscott.com and either set up a FREE strategy session to learn how you can resolve a debt problem for good or spend time researching Minnesota’s LARGEST bankruptcy website. You could literally read at www.kainscott.com for days and still not finish reading everything there is to read about bankruptcy that we have produced or written.

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Looking For The Best Bankruptcy Law Firm in Rochester, MN?

Posted by Wesley Scott on December 2

By the time you finish reading this blog it will be clear to you which firm is the best bankruptcy firm in Rochester, MN. If you spend 15 minutes on these questions, you are going to find an awesome Rochester, MN bankruptcy law firm.

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What is a Bankruptcy Going to Cost Me?

Posted by Wesley Scott on November 28

Most people’s bottom line is cost. When researching potential bankruptcy attorneys, it is an obvious deciding factor. How much is this entire process going to cost? Or maybe, what is going to be the cost if I do not go through with the process?

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When is the Right Time to File For Bankruptcy?

Posted by Wesley Scott on November 27

“Timing is everything.” We have all heard the old adage. We have agreed with it at some point in our lives and rolled our eyes at it during others. Regardless of how one feels about the phrase, it certainly rings true when deciding at what point one should take the plunge and file for bankruptcy. By filing at the wrong time you may be taking needless risks with your money and assets by filing too late or not gaining all the benefits you could be by filing too early.

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Modifying, Amending, or Converting Your Bankruptcy Case

Posted by Wesley Scott on November 26

Change is healthy (and inevitable) fact of life. It can be welcome or not, it can be wonderful or it can be terrible. The bottom line is that we are all going to experience it in our lives –a lot!

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When Minnesotans Need to File Chapter 7 or 13 Bankruptcy, They Turn To Kain & Scott

Posted by Wesley Scott on November 25

When I need professional help of any kind, I turn to professionals. I always use a three prong approach for choosing a professional. Number 1—I want a professional who is experienced and really is the authority on the subject. Number 2—I want a professional who has awesome communication skills. I don’t baby sit professionals and neither should you. Number 3—I expect the professional to be kind to me, always—even if I am under stress and ask numerous questions, which I will.

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What is a Preference in a Chapter 7 Bankruptcy

Posted by Wesley Scott on November 24

Section 547 of the Bankruptcy Code lays out Preferences and what they are. In lay man’s terms, a bankruptcy Preference is simply when you “prefer” one creditor over another creditor. I think an example is in order. Say you paid 10k to MasterCard 30 days before filing Chapter 7 Bankruptcy. Now let’s assume during that same time frame you paid your other unsecured creditors nothing. The creditors who receive nothing say, wait a minute, because of MasterCard’s aggressive collection activities, MasterCard received 10k and the rest of us creditors received nothing and that is not fair.

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What is a Fraudulent Transfer in Chapter 7 Bankruptcy

Posted by Wesley Scott on November 23

For this article, we only focus on what is a fraudulent transfer under Section 548 of the Bankruptcy Code? There are other state based fraudulent transfer and conveyance statutes but that discussion is for a different blog article.

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The Truth About Student Loan Debt and Bankruptcy

Posted by Wesley Scott on November 20

Student loan debt is what we have done to our children. The promise to the children is this: go to school, get a degree, and make more money and have a better life right? The price tag for this promise? Crippling student loan debt that can survive your death even. Like a gimmicky infomercial that promises some get-rich-quick scheme, colleges are infomercials on steroids. The price tag for an infomercial product or service may be 2-10k. The price tag for a college degree can easily exceed 100k. And who gets duped in the end and left holding the bag for this empty promise? You!

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If You Represent Yourself in Bankruptcy, You Have a Fool for a Client

Posted by Wesley Scott on November 20

I can remember in law school the professors pounding into our heads that if you, even as a lawyer, try to represent yourself in a legal matter you have a fool for a client. This is especially true for non-lawyers who try to represent themselves in Chapter 7 or Chapter 13 Bankruptcy proceeding in Minnesota. Why? Bankruptcy is a complicated area of the law—one that takes years for a lawyer to master. 

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Avoid Minnesota Bankruptcy Law Firms That Are Gimmicky

Posted by Wesley Scott on November 19

I had a client of ours the other day comment on how she loved our website and she said something that really stuck with me. She said that are marketing presence was not “gimmicky”. That word “gimmicky” resonates with me because that is the opposite of what Kain & Scott is striving to do. We are striving to be the opposite of “gimmicky”. What did she mean by this?

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Avoid Doing This Before Filing Chapter 7 Bankruptcy in Rochester, MN

Posted by Wesley Scott on November 15

When you are thinking strongly about filing a Chapter 7 Bankruptcy in Rochester, MN, you will be tempted to do one thing you definitely should NOT do before filing the bankruptcy. You will be tempted to pay family and friends on debts you owe them. We understand this temptation. But if you pay family and friends money before you file bankruptcy, so you can avoid listing them as a creditor on the bankruptcy or just because you want them to get paid back even though others creditors are not getting paid any money, that may be considered a “preference” and the trustee may be able to avoid that preference.

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Filing Bankruptcy is About Restoring Human Dignity

Posted by Wesley Scott on November 14

I was driving into work today, and as I was driving, I was reflecting on what it is exactly that we do at Kain & Scott. It was like a light bulb going off in my head. What we do at Kain & Scott is restore human dignity. We humans have imperfect brains. If we didn’t have imperfect brains life would be very dull and we would all be the same; we would all be perfect. That would really suck.

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With Kain & Scott, Bankruptcy is Nothing to Worry About

Posted by Wesley Scott on November 13

The bankruptcy process, like any other legal proceeding, is tricky, intricate, and absolutely covered in red tape and fine print. Thinking about tackling a bankruptcy filing on your own can be absolutely overwhelming. Not to mention having to battle through the shame and stigma of filing for bankruptcy. Where does a Minnesotan even begin?

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Kain & Scott Bankruptcy Firm Guarantees Our Fees

Posted by Wesley Scott on November 12

It should not be surprising to be treated with common decency. One would think that it would be obvious that guests and clients are respected when they enter an establishment. It should be, but in many cases, it is not. We may forgive this at the grocery store or other retail establishments where interactions are few and fleeting. But we often hear our clients have been treated poorly at other bankruptcy law firms and we find this absolutely unacceptable. 

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The Ease and Convenience of Kain & Scott!

Posted by Wesley Scott on November 11

Those who struggle with overwhelming debt often make many sacrifices. They work overtime. They take a second job. They pick up extra shifts. They miss out on spending time with family and with friends. Life’s enjoyments are replaced with constant anxiety and worry. Debt is stressful and never takes a day off. So how can anyone expect those who are already overwhelmed by bills, creditors, and notices to call out from work to meet with a bankruptcy attorney? It is ridiculous and unrealistic to expect anyone who is already under such pressure to simply be able to take time off whenever the mood strikes!

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How to Spot and Stop Creditor Harassment

Posted by Wesley Scott on November 9

When you are suffering from overwhelming debt, the ring of a phone or the opening of your mailbox can turn your stomach. Any phone call or letter could be from a creditor, a creditor’s collection agency, their attorney, or even all three! Any notice could be a summons or judgment. Our clients have lived in fear of creditor harassment –never knowing what lengths creditors may go to in order to try to collect. 

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What You Need For Your Meeting of Creditors

Posted by Wesley Scott on November 9

Many clients dread their 341 meetings (also known as the ‘Meeting of Creditors’). The thought of a court appearance sends some people into a panic. But take a deep breath, when you choose to work with Kain & Scott, we make sure you are well prepared!

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Final Steps After Filing Bankruptcy

Posted by Wesley Scott on November 8

You will leave your Review & Sign appointment with Kain & Scott with three things: 1) relief because you are now on the fast track to getting your life back, 2) an expected date of filing for your case, and 3) a list of documents and information (if any) that is missing and still needed before your attorney can file your case. 

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Kain & Scott Aim to Be a Resource For ALL Minnesotans

Posted by Wesley Scott on November 7

We love to help people! It is why every one of our attorneys and team members come to work every day! We love to lend a hand to our fellow Minnesotans who are struggling with overwhelming debt. It excites us when we hear that guests have utilized all the information we have on our website and that it has helped them to understand their situation and weigh their options. When clients leave their initial consultations with the resources and advice we provide and they feel the weight lifted off our shoulders –we couldn’t feel more rewarded.   It makes our hard work worthwhile when we hear that our resources and services have made some’s life easier, or give them hope when they are in a dark place. 

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A Minnesota Bankruptcy is Worth the Wait

Posted by Wesley Scott on November 6

Some things you just want to be over and with and never have to think about again! A trip to the doctor’s for a colonoscopy, a Disney vacation with your in-laws and a toddler who just discovered they are terrified of mice, and filing for bankruptcy. All of these, I think we can agree, are situations that are better left in the rearview mirror. Maybe we have to do them, but let’s get them done and over with fast! Rip the bandage off!

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How Bankruptcy Helps Your Credit Score

Posted by Wesley Scott on November 5

What our guests want to know is how is bankruptcy A) going to look at my credit report and B) what is bankruptcy going to do to my credit score? These are common and worrying questions for our guests. Often times this can be the barrier that holds debtor’s back from seeking relief. Don’t let it!

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