Two of the most common bankruptcy myths lead people to believe that you will lose everything you own and you will never be able to own anything in the future. Both of these are false. Most people who file bankruptcy don’t lose anything and in the future you can buy, own and possess whatever you can afford to make payments on. One of those necessary and often treasured possessions debtors fear losing is their vehicle – their mode of transportation.

If you do not make payments to your creditors they may choose to hand over or sell your debt to a collection agency. If this happens you now owe the collection agency that money you owed your creditors. Collection agencies function to collect the money you owe. The debt collection industry has gained a bad reputation for performing illegal collection and scare tactics to get you to give them money. They do have the right to make attempts at collecting on your debt, but there are guidelines and parameters they must respect.

Do any of the following situations sound familiar?

• Do you have creditors breathing down your neck, constantly applying pressure on you for payment?
• Are you at the point where you have stopped answering the phone, hoping the important callers will leave a message, just to avoid talking to your creditors?
• Are you constantly worried when your employer will be contacted and your paycheck will start being affected?

When you enter into the Bankruptcy Process in Minnesota, or in any state, you should avoid making these common mistakes. Working with a bankruptcy attorney, if you are open and honest and trust your lawyer, will generally ensure you don’t unintentionally do anything you shouldn’t.

A discharge is a legal term used during bankruptcy and refers to the elimination of your liability from your debts. If you file Chapter 7 your discharge will be granted immediately upon case closing or if you file Chapter 13, your discharge occurs after you complete your repayment period.

To initiate the chapter 7 bankruptcy process you must file a petition. Along with this petition you must file the following:

• Schedule of assets & liabilities
• Schedule of current income and expenditures
• Statement of financial affairs
• Schedule of executor contracts and unexpired leases
• Copy of the most recent tax year tax return or transcript
• Previous unfiled tax returns
• Tax returns filed during the bankruptcy case
• Certificate of credit counseling (copy of debt repayment plan completed during credit counseling)
• Evidence of payment from employers received 60 days before filing
• Statement of monthly net income (plus any anticipated increase in income or expenses after filing)
• Record of any interest in federal or state qualified education or tuition accounts
• Schedule of exempt property

Using a Bankruptcy Attorney to help you File a Chapter 13 Bankruptcy will be one of the best decisions you make, apart from your initial decision to get your life and finances back on track by filing bankruptcy. The bankruptcy code, court procedures and filing forms are saturated with legal jargon that will complicate the overall bankruptcy process if you don’t have the assistance from a legal professional. 

Your stress will begin to diminish the day you decide to file Chapter 7 bankruptcy. Taking action against your debts will take some of the pressure off – but taking action to abolish your debt completely will have you sleeping peacefully at night.

Chapter 13 Bankruptcy is right for you if you are experiencing a temporary setback causing you to be unable to make your payments. This option provides time, allowing you to get back on schedule with your finances. You will make monthly payments though they will be reduced, interest-free and your life will be void of collection agency harassment. Chapter 13 protects your property, prevents foreclosures and repossessions and prohibits wage garnishments.

You begin a Chapter 13 Bankruptcy by filing a petition. Following the petition you must also file the following documents with the court:

When your debt goes unpaid for an extended period of time, creditors begin to take severe action to get their money from you. Depending on the nature of your debt, creditors may initiate foreclosure, repossession, bank levies or wage garnishment. Foreclosure and repossession are reserved for secured debt, meaning creditors can take back the property you secured against your loan. A bank levy, also referred to as non-wage garnishment, occurs when your bank account is frozen due to a creditor seeking payment from you. This and wage garnishment are common tactics used to collect on unsecured debt, such as credit card debt.

Chapter 7 Bankruptcy is right for you if you have no assets to lose and, after paying basic monthly expenses, you have no money left to pay off debts. It gives you a fresh start and can alleviate your stress by removing your liability for repaying debt. Primary priorities for Chapter 7 filers should be to keep exempt assets and be relieved of all liability for as many debts as possible.