Over the years, we have had many Minnesotans contemplate bankruptcy but what they really want to know is, if I do this, how will bankruptcy really impact my credit? If we let our home go back can we get financing to buy another one soon so we are not on the street? Can we buy a car if I need another one- I have to get to work? I completely understand these concerns our guests have and if I were in your shoes I would share the same concerns. We all have them- we need to live, a place to stay and we need vehicles to get around!

Kain & Scott’s motto and slogan is “We don’t judge you, we HELP you get your life back.” Life shouldn’t hurt and when your engulfed with overwhelming debt you deserve to get your life back! Let's face it: Life with overwhelming debt is painful and life without debt is beautiful. This is the reason we are not concerned with why you reach out to us, but most importantly how we can help you solve your debt problems once and for all. 

In my last two blogs, I looked at debts that aren’t discharged in a bankruptcy case. Two weeks ago I looked at debts that are never discharged - student loans, most income tax debt, obligations to pay child support or spousal maintenance, to name a few. These debts are presumed to be non-dischargeable in a bankruptcy case. That means that the creditor does not have to bring an action in bankruptcy court to determine that these kinds of debts are not subject to a bankruptcy debtor’s general discharge; if there is going to be a judicial determination of dischargeability, the bankruptcy debtor has to bring the action to determine whether the debt can be discharged in the bankruptcy case, and the presumption is that the debt is not subject to discharge.

We all have at least one friend or one family member that focuses on the negative aspects in every situation.  The worst part is, these are generally the least educated people when it comes to whatever the topic may be.  The topic of bankruptcy is no exception.  If you’ve discussed the idea of bankruptcy with other people, it would probably be safe to say there’s at least one person out there that has told you not to do it.  Some people get downright mad when you mention the idea to them.  Well, unfortunately, the stigma surrounding bankruptcy is the cause of such haste.  If you take the time to learn about the relief bankruptcy can provide, you can most certainly debunk whatever the naysayer’s concerns may be.  Here are four common misconceptions and the reasons why they’re not entirely true:

I seldom like to write about ourselves. I guess it’s my Minnesota upbringing that makes me shy away from tooting our own horn for any reason. But, then it dawns on me, we have to tell our story so our Minnesota guests can understand who we are and why it’s important to those of you reading this blog. If you are considering filing a bankruptcy in the state of Minnesota, this blog is important to you- keep reading!

Finding and meeting a Bankruptcy Lawyer to help you get your life back is very important. This is an emotional time for you and you need someone who understands what you are going through. With this in mind, let me tell you who Kain & Scott is.

Last week, I wrote about 8 debts that a bankruptcy debtor may have that are not discharged, even if the bankruptcy client receives a “general” discharge. The kind of debts I wrote about - child support, most taxes, student loans, to name a few - are debts that are never discharged in a bankruptcy case.

People who file a bankruptcy with the types of debts that are never discharged must bring a lawsuit against the creditor in bankruptcy court if they feel, for some reason, that the debt in question should be discharged, despite its characterization. It’s up to the debtor to do this; if the debtor does nothing to contest the non-dischargeability of the debt, the bankruptcy debtor remains liable for the debt after discharge.

Have you ever given serious thought to solving your overwhelming debt problem, but you just can’t find time to meet with a Bankruptcy Lawyer? Or, have you ever wanted to meet with an experienced Minnesota Bankruptcy Lawyer but you are too afraid to meet face to face?  Meet Kain & Scott, MN's Nicest Bankruptcy Law Firm, who has perfected the process of Bankruptcy to make it soothing to our guests- we do most of the work while you relax and spend time with family.

Kain & Scott has been Minnesota’s Bankruptcy Law Firm since 1972. Our Minneapolis Bankruptcy Lawyers have seen a thing or two about the reasons that hold people back from filing bankruptcy. The truth is, all of the reasons you think you shouldn’t file bankruptcy are actually the reasons you SHOULD file bankruptcy. Crazy right? Well, read on if you are skeptical.

We have been practicing Bankruptcy Law at Kain & Scott since 1972. Our Lawyers have helped thousands of Minnesotans get their lives back and not a single one of these cases was identical to another. Everyone’s case is different because everyone is different. However, we have seen nearly everything under the sun and yet, the reasons why Minnesotan’s file bankruptcy can be reduced to 5 general categories.

I can assure you I have never had a single Minnesotan call me and say Wes, I really incurred all of this debt knowing I would file bankruptcy in the end. Or, you know Wes, I spent 12 months in Europe, with my friends, using my plastic on all of our expenses, knowing when I got back to Minnesota I would file bankruptcy. So, why do Minnesotans file for bankruptcy? Here we go!

It’s not a bad idea to take a look at some people you know - people who are successful by almost any definition who have been through the Bankruptcy Process. These people had something unexpected happen to them financially that led them to file a bankruptcy case. When you know the financial stories of these actors, musicians, sports figures and politicians, it sheds light on why we have a bankruptcy law. It reinforces the idea that “regular” people facing financial difficulty should consider protecting their paychecks, their assets, and their family’s financial security through using the bankruptcy law.

I recently met with a guest in Minneapolis who I had met with 2 years ago. She was contemplating bankruptcy 2 years ago- which is why she met with me then, but she was not ready to file bankruptcy. Have you ever heard of the expression, “flowers bloom at different times?” I like that expression because it fits out clients to a tee. Often the Minneapolis Bankruptcy Attorneys meet with guests and we think gee, you should really file bankruptcy and get your life back. But, for the client, this is all very brand new and scary.

Life should not hurt this much. You have decided that bankruptcy is the medicine your family needs to get your life back and look toward the future not keeping staring at the past. You should be proud of your courage and your need for certainty and security in life. It’s nice to know that when you start fresh you can pay your bills and keep the roof over your head. But still, you struggle with which bankruptcy makes most sense.

This is an age old question. You have a lot of debt or maybe you have a modest amount of debt and the creditors are like chihuahuas that just will not leave you alone. Every month is a constant battle- juggling the payment to creditors with paying your bills.

Many of our guests wonder is they qualify for chapter 7 bankruptcy. Sometimes, it can feel like you are not a candidate for bankruptcy when you really are a good candidate for bankruptcy. How do you know if you should be considering chapter 7 bankruptcy? How do you know you even qualify to file a chapter 7 bankruptcy?

I know this seems like a smart ass answer, but if you are thinking about it, you probably qualify to file.