If you’re filing Chapter 13 bankruptcy in Minnesota, you may be aware of the stress and time-commitment required when filing your bankruptcy petition without an attorney. But did you know that with the wrong bankruptcy attorney the process can still be long, difficult, and stressful?
Last week, I wrote about priority debt - the type of unsecured debt that Congress decides should take priority over general unsecured debt in a bankruptcy case. Holding priority debt can be very beneficial for creditors, since in a chapter 7 case, all priority debt is paid, in full (if there are sufficient funds available) before any general unsecured debt is paid, and in a chapter 13 case, all priority debt must be paid in full in order for a chapter 13 plan to get confirmed and for the chapter 13 debtor to receive a discharge.
When the lawyers at Kain & Scott file bankruptcy cases, one of our jobs is to “classify” debt. There are three classes of debt in bankruptcy cases: unsecured, secured and priority.
Last week, I wrote about a common concern that people have when thinking about a bankruptcy filing: the entanglement of family members in the potential client’s financial affairs. I wrote about the effect a bankruptcy has on a non-filing spouse and the issues in bankruptcy that come up when a relative has co-signed on a financial obligation with a bankruptcy debtor.
Most of the people that I see at my office who are experiencing financial problems are feeling a significant amount of stress about their money problems. And many of the people with whom I meet are concerned about what will happen to family members if they choose to file bankruptcy. The concerns come from many fact situations.
Filing Chapter 7 bankruptcy turns lives around by eliminating debt. Our clients are proof that by filing Chapter 7 you can get a fresh start and be free from the burden of debt that is holding them back financially, emotionally and even physically. Dealing with debt problems is a heavy burden to bear and it often causes stress and anxiety. The American Psychological Association’s annual stress survey revealed that approximately one-quarter of Americans experience high levels of stress with concerns about money, jobs and the economy being named as the top sources of stress for many. Unfortunately, unpaid bills can harm your health, arguably even more than it harms your credit rating.
Answering the question, “When should I file for bankruptcy” is a difficult thing to do when you are immersed in the overwhelming stress caused by debt. Worrying about how you will pay your bills and take care of your family, while dealing with aggressive debt collectors and threatening lawsuits, can quickly take its toll. This is precisely when you should meet with an experienced bankruptcy attorney. Doing so before things get out of hand and you are tempted to do something drastic will payoff in the long run.
When I meet with clients who are facing financial difficulty, I tell them that the first thing we have to decide is if they need to do something to resolve their debt issues, other than just using the same debt reduction strategies that they’ve been using up until the time we met. For the vast majority of the people I meet with, the answer to that question is yes - the reason they are in my office is that they don’t see a good financial outcome by maintaining the status quo.
Last week I wrote about the Requirements to File a Chapter 7 Bankruptcy Case. I wrote who (or what) can file chapter 7 case, the means testing requirement involved in chapter 7 cases, and the requirement that a chapter 7 debtor have a credit counseling briefing prior to filing a chapter 7 case. This week, I will look at the question that, while it does not come up often, can be quite important in the few cases where it is an issue: the venue of the bankruptcy case. Then I will write about what a chapter 7 debtor has to do to obtain a discharge.
The clients with whom I meet to discuss filing bankruptcy come in all ages, and genders. Some of my clients are very low-income wage earners; others have fairly high salaries. But my clients have one thing in common: they haven’t had very much good luck financially. For many of these people, filing a bankruptcy case, whether under chapter 7 or chapter 13, is the best option they have to resolve their financial issues. For a small percentage of these people who file bankruptcy cases, the years of bad luck that they experienced prior to filing is changed suddenly when they learn that they will inherit money or property from a deceased loved-one’s estate.
When you make the decision to file for bankruptcy in Minnesota, you are making the decision to erase your debts and change your life for good. But knowing which type of bankruptcy to file – Chapter 7 or Chapter 13 – can be confusing. Each type has the power to erase your debts and which is right for you is determined by your unique financial situation.
You’ve taken a major step in regaining your financial freedom by filing Chapter 7 Bankruptcy. Congratulations on being well on your way to becoming free from debt!
We see individuals and families of all shapes and sizes in need of help due to financial instability and hardship. In order to portray the “true story” of filing bankruptcy in Minnesota we want to share some of our experiences with people just like you, looking for a way out of debt and a fresh start. We are going to add generalizations and change the personal details for privacy purposes. However, many debtors experience similar situations and circumstances, so these stories are likely shared by many.
Does your debt make you feel like you are walking on a tightrope without a safety net? Are you in constant danger of falling further behind on your bills as you struggle living paycheck-to-paycheck?
Most of the potential clients our MN Bankruptcy Lawyers meet with at Kain & Scott have defaulted on at least one of the accounts they hold. For many of the people I meet, they have been able to stay current on some accounts, but because of their financial circumstances, they have not been able to maintain current payments on all of their accounts.
There are many situations in which debt consolidation loans can be used and applied. In some situations a debt consolidation loan will benefit your financial situation, and in others it will not. Determining the best solution suited for your specific situation can be tricky, and I highly recommend discussing with a legal professional or financial advisor before taking action.
If you’re filing Chapter 13 bankruptcy in Minnesota, you may be aware of the stress and...
Last week, I wrote about priority debt - the type of unsecured debt that Congress decides should...
When the lawyers at Kain & Scott file bankruptcy cases, one of our jobs is to “classify” debt....
Last week, I wrote about a common concern that people have when thinking about a bankruptcy filing:...
Most of the people that I see at my office who are experiencing financial problems are feeling a...
Filing Chapter 7 bankruptcy turns lives around by eliminating debt. Our clients are proof that by...
Answering the question, “When should I file for bankruptcy” is a difficult thing to do when you are...
When I meet with clients who are facing financial difficulty, I tell them that the first thing we...
Last week I wrote about the Requirements to File a Chapter 7 Bankruptcy Case. I wrote who (or what)...
The clients with whom I meet to discuss filing bankruptcy come in all ages, and genders. Some of my...
When you make the decision to file for bankruptcy in Minnesota, you are making the decision to...
You’ve taken a major step in regaining your financial freedom by filing Chapter 7 Bankruptcy....
We see individuals and families of all shapes and sizes in need of help due to financial...
Does your debt make you feel like you are walking on a tightrope without a safety net? Are you in...
Most of the potential clients our MN Bankruptcy Lawyers meet with at Kain & Scott have defaulted on...
There are many situations in which debt consolidation loans can be used and applied. In some...
