A common question your Eden Prairie MN Bankruptcy Law Firm is asked all the time is do I have to have a minimum amount of debt in order to qualify to file a bankruptcy in Minnesota? The phrase it’s all relative is quite appropriate in answering this question. To a millionaire, 10k is pocket change. To a person making $8.00 per hour, 10k might as well be a million dollars. If I had to guess what the average size of a person’s debt is who comes in to see us a bout possibly filing a bankruptcy case, I would guess it averages roughly $20,000.00. That doesn’t seem like a lot of money if you are making 100k per year but again consider what 20k worth of debt looks like if you pay check every two weeks is only $512.00!?

Continuing on with our theme of the week- the top 5, next we tackle the top 5 questions your Roseville MN Bankruptcy Law Firm is asked. We do this for those of you who would like to know what it would be like to be a bankruptcy client of ours and what questions are commonly asked by our bankruptcy clients. I know that for me, you cannot give me too much information. I take in information like someone is giving me water through a fire hose! At Kain & Scott in Roseville, MN there is no dumb question- at all. We welcome all questions and would be happy to answer them again too! We recognize that this a foreign process to our guests and we want to take the time to answer all questions to your satisfaction. So, without further ado, here are the five most commonly asked questions by our current clients at Kain & Scott.

Everybody asks our Bankruptcy Attorneys in Eden Prairie MN what they get to keep and what they have to lose after they file bankruptcy. However 98% of all bankruptcies that are filed are called no-asset cases, meaning that you will get to keep everything that you own. This is because most everything these days is exempt by an attachment from a creditor- contrary to back in the mid to early 1800’s before bankruptcy started. Prior to the formation of bankruptcy in the 1870’s if you owed someone a lot of money they would take you to court, get a writ of attachment, come to your home in Eden Prairie and literally take everything you own. The problem with this is that those people who lost everything would become a burden on the state; the government would have to support them. Well the government didn’t want to do that anymore so they created a list of things that are exempt from attachment. Meaning the creditors can’t get them or have them liquidated to pay your debt. We still have this list today.

The truth is that Bankruptcy is a negative credit event. However, it’s not life threatening and there are ways to immediately start rebuilding your credit after you file with your Roseville Bankruptcy Attorneys. Especially after filing a Chapter 7 Bankruptcy. Chapter 7 Bankruptcy, also known as the “Fresh Start Bankruptcy”, allows you to press the re-set button and get all of your unsecured credit card, medical, department store card and some personal loan debt discharged in only four months! Now a lot of people assume that their life is over at this point, at least financially, but that’s not the case. There are a lot things that you can do to start rebuilding your credit to start getting those larger loans and mortgages again.

The Bankruptcy Attorneys in Maple Grove, MN and I spend our workdays meeting with people who are facing significant debt problems. The problems have reached the point where the people I meet with can’t handle their debt. They are in default, in foreclosure, in suit, in garnishment, in levy. They are in trouble. My clients come to me with a range of emotions. But almost all of them share one emotion: they are embarrassed to be here in a difficult financial situation. The stress of the debt they have is part of the feeling they have. But there’s more to this bad feeling than that.

How long will it take? The Maple Grove Bankruptcy Attorneys At Kain & Scott, get this question often. We don’t blame you either. Once you have made the decision to file a bankruptcy, get your life back, and protect your family, you want to get on with it and get this done. Scores of other clients feel the same way. Most former clients felt that the longest part of the process is deciding and agonizing over how to resolve an overwhelming debt problem. However, once they made the decision, and what once they got their lives back, they have all found that they had wished they would have filed bankruptcy much sooner than they did. I suppose it’s human nature to anguish over any problem whose resolution is a word most people would rather not hear- the “b” word or bankruptcy. Now maybe there are better words in the English dictionary, but I can think of far worse too.

Filing Bankruptcy can be a very personal and challenging decision because of its legal, moral, emotional and financial dimensions. The bankruptcy process also requires you to organize everything that has to do with your financial life - your debts, assets and income. There’s work that we ask our clients to do to help us prepare a petition and schedules that are accurate and complete to file with the Bankruptcy Court. It can take some time and effort. However, very few clients regret filing bankruptcy - they regret waiting too long! Time and time again my clients tell me that filing was the best decision they’ve ever made. Their bankruptcy case allowed them to put everything behind them and get their life back. But bankruptcy is not for everyone. Before contacting one of the Kain & Scott Bankruptcy Attorneys in Roseville, MN for a free consultation here’s a few questions you will want to ask yourself first:

I am always struck by the amount of courage people have to face a problem. Oh sure, flowers bloom at different times, and we all open up in our own ways. I respect that. Once you make the decision to file a bankruptcy and get your life back, your work is not over. In fact, selecting a Roseville Bankruptcy Attorney to represent you is just as important as the decision to file a bankruptcy. Why? Because to me, you just made one of the most brave decisions in your life and now, you want the job done right, with dignity and yes, with grace too.

Facing the challenges of today’s tough economy can be stressful. Dealing with an income drop, divorce, business failure or medical issue can make it even worse. Any of these things can happen to anyone; if it does, it is very easy to acquire a severe debt problem. In fact, thousands of Minnesotans are struggling with various debt problems keeping them up at night worried about how they are going to make their payments. But it doesn’t have to be this way. If you’re dealing with significant debt and the stress it causes,the Bankruptcy Attorneys in Roseville, MN have the solution for you. 

An accident or severe medical catastrophe can happen in the blink of an eye.  You could hop in your car some sunny day after leaving your work in Maple Grove and all of the sudden here comes someone texting, not paying attention and BOOM! Now, your life is upside down at no fault of your own. The worst part is there’s not a whole lot that you’re guaranteed when it happens except a big bill. Medical expenses are not cheap and unfortunately most of the time they’re acquired unexpectedly and at inconvenient times.

It happens all the time. We receive phone calls from anxious Minnesotans looking at their bills and wondering how in the world am I going to pay these? I am continually amazed at how long good people can hang onto a seemingly hopeless financial situation. It is not that uncommon to see people do it for years, decades even.

When it comes to debt, human nature has a common thread that runs through all of us: we want to pay it. We want to pay all of our monthly bills and yet still have enough left over to eat, keep the lights on, and make the rent/mortgage payment to keep the roof over our heads. Most of us don’t want much beyond this.

Today, most of the Bankruptcies filed in Minnesota are either a Chapter 7 or Chapter 13. Determining which chapter is right for you will depend on your specific financial status including your debts, assets and income. A lot of people have the option to choose between the two but if you have higher than median income for a household your size, you might only be allowed to file a Chapter 13. No matter the case both are excellent options for resolving unsecured debt. However, they are unique in their own way and offer a variety of different advantages. If you have the option to choose between the two it will be important to know the differences so that you can make the most attractive decision for you and your family.

Life is humbling is it not? Who among us starts out in life with the dream of incurring overwhelming debt we cannot pay for? Naturally, none of us do. And yet, it happens to 10,000 plus Minnesotans each year. At Kain & Scott, we have been practicing bankruptcy law since 1972. We have never seen a person yet who says something like- hey, I just got back from a fabulous trip with all my friends, using my credit cards, knowing I was going to file bankruptcy when I returned.

Wouldn’t it be nice to get rid of all your credit card debt and start fresh again? Could you imagine the peace of mind you would have knowing that you could wipe your credit cards clean and not have to worry about paying them back? If you’re like most Minnesotans it’s pretty easy to rack up large amounts of debt on your credit cards quickly especially if something unexpected happens. Let’s face it, you never know if something unexpected is going to happen that might cost you several hundreds or even thousands of dollars. Let’s say your vehicle breaks down, you get sick or are injured in an accident, your business becomes unprofitable or you maybe you get laid off from work. The bottom line is that these types of things can happen to anyone and they happen all the time.

I was born near the tranquil backwaters of the Mississippi river in a small Minnesota town, called Foley, Minnesota. I was one of 9 children brought up in a home that was built in 1901 using square headed nails! My dad was a factory worker and my mom was a stay home mom and entrepreneur (she babysat up to five more kids!). We grew up poor but rich with family values and small hometown spirit. I knew growing up we were poor but you never really felt that way. It’s hard to feel poor with a family of 11 growing up in a small town- living a simple lifestyle. Heck, everyone around us was poor too so we didn’t know any better anyway.