The week of October 7th begins with the grand opening of Kain & Scott’s permanent, fully-staffed Roseville location! Located snuggly between Rosedale Center and the Como Park Zoo and Conservatory, our new full-time bankruptcy law office is right in the heart of Roseville. It is right off of Snelling Avenue and a convenient location for our clients in both the Minneapolis and St Paul areas who do not want to face the hassle of navigating through the downtown areas and shelling out for over-priced parking!

We all hit highs and we all hit lows in our lives. Of course, the highs seem to end in a flash and the lows seem particularly dark and endless. To pull ourselves out of the lows, often times we must humble ourselves and ask for help or make difficult decisions filled with lingering impacts and uncertainties.

Do you have any idea how much courage it takes to reach out for help with solving an overwhelming debt problem? A lot!  That is why you should never let yourself be treated by any bankruptcy professional less than a rock star. Trust me, we have heard your complaints over the years. Rude lawyers and staff, unprofessional spaces, lawyers that fell asleep at the consult, you cannot believe some of the stuff we have heard.

The US Constitution gives Congress the power to make laws that pertain to filing bankruptcy. Congress has enacted the Bankruptcy Code to define what Chapter 7 Bankruptcy is and what are the rules that define it. Each year, across the country, hundreds of thousands of citizens use the Chapter 7 Bankruptcy Code to get their lives back. 

Once a person has filed for bankruptcy a kind of protective barrier goes up around a debtor. This “barrier” keeps the debtor safe and cut off from direct contact with creditors who are attempting to collect on debt incurred by the filer. The bankruptcy “barrier” consists of many different layers: your bankruptcy attorney, the bankruptcy court, your creditor’s attorneys, and what is also known as the automatic stay. All of these are put in place to further protect you from collections action, garnishments, foreclosures, and also immediately ceases any creditor calls, letters, or e-mails.

Let’s face it, there are better words in the English dictionary other than bankruptcy. But if you are in Minnesota and you are suffering from overwhelming debt, you will need to do some research on bankruptcy—what it is, what is the process, and what are the fees. If you are like me, you find it really annoying to have to skip around to different websites to try and cobble together information about a subject. 

We can help you. At Kain & Scott, we honor the courage it takes to reach out to us for help in solving an overwhelming debt problem for good. We honor the courage it takes to reach out to us for help in solving a debt problem by treating you with kindness, helpfulness, professionalism and exceptional customer service. Trust me, we have heard all the horror stories of really subpar service. We have had guests tell us the lawyer they met with fell asleep during their consult, that the lawyer wanted to meet with the clients in his home, and young lawyers who meet with clients in spaces at night that are not even owned by the law firm.

Have you ever heard of the word “gimmick”? I bet you have. The word means a “trick” intended to attract attention, publicity, or business. Unfortunately, when people suffer from debt, there are companies and law firms that use tricks to betray the public’s trust. How so?

We see a lot of Minnesotans who are suffering from overwhelming debt. When they initially speak to us they always want to know, are there things I should not do before filing Chapter 7 Bankruptcy? The answer is yes! Two things come to mind right off the bat. Sometimes, it is not that these things will prevent you from filing Chapter 7 Bankruptcy, but they will definitely complicate your bankruptcy needlessly.

Let me ask you a question. Do you think when something bad happens to you in your life it is the last time something bad will ever happen to you again? Hardly right? I have seen Minnesotans go from a failed business to a failed marriage to a heart attack and in all three scenarios the debt was overwhelming. In each case, the debt that resulted caused a bankruptcy filing.

There are entities that unfortunately take advantage of people who are suffering from overwhelming debt. If you live in Minnesota and are suffering from overwhelming debt, watch out for this: There are out of state “law firms” that solicit you to hire them to file bankruptcy and then they refer you back to Minnesota to a lawyer who may or may not have the best bankruptcy experience.

When I hire a professional, any professional, I expect you to 1) be kind, 2) be helpful, 3) be professional, and deliver exceptional customer service. This means I need you to be very communicative with me, and I need you to know your stuff well. At Kain & Scott, we are Minnesota’s OLDEST bankruptcy law firm. We have perfected the process of filing bankruptcy to be the most comforting and soothing to our guests as possible. Our people and our spaces are very professional.

While we hope the most stressful decisions in our marriages amount to ‘who is picking up the kids from curling practice?’ and ‘what shade of taupe should we paint the foyer?’ chances are that is not going to be the case. Many couples find themselves in the position to file for bankruptcy. This brings up a frustrating and confusing dilemma –do we file jointly or does only one of us file? The decision, of course, is ultimately up to you and your significant other. But, if you are having trouble weighing the pros and cons, consulting your Kain & Scott attorney and running through the breakdown of your debts is the best thing that you and your spouse can do.

Creditors will use all types of shady, threatening tactics to attempt to frighten debtors into paying up. One of the most important defenses a debtor can have to combat these vultures is knowledge. Knowing your rights and knowing what income and assets of yours are protected from collection by creditors. By being aware of the limitations creditors have, you can regain some of the power creditor harassment strips you of.

A large number of potential clients walk through our office doors with the threat of repossession looming over them. It, more often than not, is the push that gets them in for a consultation. Most times their creditors are threatening to take away a family’s vehicle. The only source of transportation the family has and essentially their livelihood! How can someone pay off their debts if they have no way of getting to their job or earning money? Repossession is a huge concern for our clients. So, what are one’s options when facing a potential repossession?

If you are suffering from overwhelming debt in Minnesota, you are not alone. Each year, over 15,000 Minnesotans file Chapter 7 or 13 Bankruptcy in Minnesota. In some years, that number is much higher.  Minnesotans file more Chapter 7 Bankruptcies than Chapter 13. If I had to guess, the number is probably 3 Chapter 7 Bankruptcies to every Chapter 13 Bankruptcy.