My last three blogs have dealt with the issues, problems and complications of closing a business that is no longer profitable. And I’ve written about using a personal chapter 7 bankruptcy as an option to protect an individual’s income and property from collection when business obligations have been personally guaranteed by a business owner. The focus has been on a personal chapter 7 as the most common option for a situation in which a small business has failed and the business owner now owes obligations to business creditors because the business can no longer honor the obligations. In this blog, I will write about the limited occasions in which an LLC or corporation should file a Chapter 7 Bankruptcy.

Life is so amazingly humbling. One minute you are feasting on life, good relationships, good money, and all seems like it is clear blue skies ahead. And then suddenly, the sky turns black, and your life seems to be on a never ending bumpy path filled with stressed relationships, debts, and heartache. It can happen fast. It usually does.

For one Minnesota couple the journey was not that rosy from the start. We will keep their names confidential, of course, but it started out shortly after (fictional names) Greg and Lisa’s wedding over 22 years ago.

Many people struggle with their finances and are unsure as to how to seek relief. All circumstances are different and there are a variety of legal remedies designed to aid in your financial recovery. Because of the complexity of these matters it is advised you seek the knowledgeable professional advice of experienced Roseville MN Bankruptcy Lawyers to determine what is right for you. In this blog we will begin to look at some of the key points regarding both types of bankruptcies most commonly used by individuals at Our Roseville Location. Your future needs and goals may play a large factor in determining which type of bankruptcy is right for you and depending on your circumstances.

Many people are concerned about how a bankruptcy will reflect on them and what impact it will have on their life and finances moving forward. Because of the stigma surrounding Bankruptcy, a legal process designed to provide US citizens with a means for financial recovery when needed, many people don’t talk about their financial hardships or their experience going through the Bankruptcy Process. We will be talking Dean in this segment and gaining the insight of an average Minnesotans experience Filing Bankruptcy with a MN Bankruptcy Lawyer and addressing their finances immediately following the discharge of their Bankruptcy. This is intended to shed some light on what can be expected and to debunk some of the common myths and misconceptions so let’s begin.

So, you are a Minnesota lawyer with a clientele from all walks of life. How many times have you heard a client say they have overwhelming debt? The answer is probably a lot right? And how many times has the suggestion to solve the problem been maybe you should consider debt consolidation? The answer agin is probably a lot right?

My last two blogs, Help For Small Business in Financial Trouble & Help For Small Business in Financial Trouble - Part 2, have dealt with the decision as to whether to close a business that is no longer performing financially as the owner hoped. 

Last week in my blog Help For Business In Financial Trouble - Part 1, I wrote about the decision many small business owners face: in light of the financial difficulties the business is facing, should the business close down? The decision is usually very personally painful for a person who has worked long and hard to own and operate a business. The feelings can be compounded when the reasons for business failure have to do with outside market forces more than the business decisions made by the owner. Imagine the hard-working video store owner from 1996 - today it’s very likely that the video store is no longer in business, regardless of whether the owner was a smart, capable businessman.

There are many reasons someone might be considering Bankruptcy and at Kain & Scott our MN Bankruptcy Attorneys believe it is important to understand the causes and ways you can prevent these circumstances from impacting your life moving forward after Bankruptcy. Everyone is offered credit cards and department store cards, America has an extremely lucrative credit industry with several types of financing available for any individual. But not all lenders are invested in their customers. The lines of credit or loan options offered by some lenders are not always intended to aid the consumer but rather provide additional revenue to the lender through hidden fees and adjustable rates that were not disclosed to the customer.

I cannot stress enough that at Kain & Scott our Roseville MN Bankruptcy Lawyers have never had a client come back to and tell us that they regretted Filing Bankruptcy. No one at our firm in Roseville have ever heard that… from anyone. Filing Bankruptcy is an important decision. One that you will probably spend a good amount of time researching and thinking through carefully. However, even so... We've still never heard of anyone regretting their decision and here's why: 

I am sorry you are experiencing overwhelming debt of any kind. Having overwhelming debt is stressful on anyone. Many Roseville, MN residents, when faced with crippling debt rightly turn to a Chapter 7 Bankruptcy to get their lives back and solve the problem once and for all. The goal of any Chapter 7 Bankruptcy is to get your life back. Technically speaking, we are looking for your debts to be “discharged” under section 727 of the Bankruptcy Code. A discharge of the debts means your liability for those debts is gone and the creditor cannot collect on those debts ever again.

Last week I started talking about little “surprises” that can happen after someone files a bankruptcy case. At the end of last week’s blog, I started discussing the issues that arise after (and sometimes significantly after) a person has received a bankruptcy discharge when someone who filed a bankruptcy attempts to refinance a mortgage that was in existence at the time the bankruptcy case was filed. Often, the mortgage company will continue to report the mortgage as “in bankruptcy” long after the bankruptcy case is done and over. Some, not all, mortgage companies do this - although the companies that do report mortgages as “in bankruptcy” are often the large, nation-wide mortgage issuers.

One of the most rewarding experiences an individual can have is to start and grow his own business. Our economy depends on people deciding to become entrepreneurs. And people with a plan, good financing, attention to detail and a strong work ethic can position themselves to do well financially. But any successful entrepreneur will tell you besides all these attributes, the successful business owner needs a big helping of good luck. Good fortune does not visit every small business. And no matter how diligently a business owner follows processes designed to successfully start and grow a business, bad luck might dash all of the hopes and dreams the business owner had when she set out to start the business.

Filing a MN Bankruptcy can seem like an overwhelming process and it certainly can be in some instances. But it is critical for individuals considering relief through bankruptcy to take the time to consider the hardships they already have, and then to think about the benefits bankruptcy may offer. When we consider the long-term effects of defaulted agreements and financial obligations and how this may impact our future needs we can begin to see the immediate benefits to filing bankruptcy rather than continuing to struggle with financial hardship. There is a great deal of misinformation out there; much of it is the product of the credit industry in an effort to discourage individuals and businesses from seeking the relief they need. Let’s take a closer look at some of the common concerns many people consider when determining if bankruptcy is right for them. Don’t be fooled by aggressive creditors; know the facts and know your rights!

Did you know that all of my clients are Minnesotans like yourself? Live in Central Minnesota or the Twin Cities? Work hard to pay their bills on time every month? It's true. In almost all cases the actions of my clients wasn't the reason they've gotten into such a financial mess. None of them planned to be meeting with a MN Bankruptcy Lawyer to File Bankruptcy. But there is one thing they all have in common - they want to take control of their finances again and get their life back. Each year my colleagues and I help hundreds of Minnesotan Debtors just like you get their lives back. In this blog i'm going to share with you a few stories of our past clients. Most likely by the end of it you'll realize that your not alone. 

Imagine a world in which the phones are quiet, the mail box is not full of past due collection letters, and you are not worried about how you are going to make your mortgage payment or buy groceries. It can happen to you. At Kain & Scott our Roseville MN Bankruptcy Attorneys help thousands of Minnesotans every year get exactly that. After Filing Bankruptcy the fear and anxiety of it quickly dissipates into a wondrous world free from overwhelming debt. Our Roseville MN Bankruptcy Attorneys never hear clients regretting to File Bankruptcy. Rather, they regret waiting so long to file bankruptcy. Once you get on the other side of this thing, this overwhelming debt, life is so magically beautiful and less stressful.

At Kain & Scott, our MN Bankruptcy Lawyers have been filing bankruptcies in Minnesota since 1972. In that time, we have filed many thousands of bankruptcy cases. After a while, you can see patterns that Minnesotans go through before they file for bankruptcy protection. It’s almost like clock work really. So, if you see yourself doing one of the five common things people do before they file bankruptcy in Minnesota, you should ask yourself, is this me too?