Some people may believe that they are eligible for bankruptcy regardless of their current financial status — they are partially correct. Others believe that the changes in bankruptcy law that came with the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 made it impossible for most people to find debt relief through bankruptcy — they, on the other hand, are completely wrong. While changes in the bankruptcy laws did restrict some of the eligibility requirements, it did not remove the right of any individuals to seek relief from creditors through the protections offered in bankruptcy.

The Eligibility Confusion

The confusion can be summed up in two words: media and creditors. Creditors, with the help of media outlets, did a fantastic job of convincing most Americans that if they did not file bankruptcy before October 2005 when the new bankruptcy laws took effect, they would not be able to file bankruptcy (or that filing bankruptcy would be much more difficult).

While it is true that the new bankruptcy laws did contain some significant changes, experienced bankruptcy attorneys had already learned the new rules and laws and were ready to continue helping debtors find debt relief through bankruptcy.

I strongly believe that a person should not fear losing his or her wedding ring due a debt. Wedding rings are a symbol of a couple’s union and should be preserved at all costs. As a bankruptcy lawyer and a citizen of Minnesota, I did not think that the existing laws (prior to 2005) were fair because they permitted creditors to take a person’s wedding ring to satisfy a debt; so, I decided to do something about it.

Lack of Protection for the Symbol of Marriage

Prior to the change in Minnesota exemption laws, a creditor could obtain a judgment against you that would allow them to seize your wedding ring to satisfy the debt you owed. Under Minnesota Statute 550.37, certain assets of a debtor are considered exempt. In other words, creditors cannot seize these assets from a debtor to pay the debtor’s debts. Under the old exemptions laws, a debtor’s wedding ring was not exempt. Creditors were able to seize your wedding rings, sell them and use the proceeds to pay the debt that you owed. Can you imagine owing a dentist bill for $300 and having your wedding ring seized and sold to pay for the debt?

Some people wondered why I was so passionate about working to change the exemption laws where wedding rings were concerned. To me, the prospect of losing a wedding ring to your creditors is despicable. I can understand losing a jet ski to your creditors to satisfy your debts, but not a wedding ring. A wedding ring is the symbol of marriage between two people.

Student loans are a serious debt problem for millions of Americans. Bankruptcy is designed to help provide relief for debtors who are struggling with overwhelming debt. However, in most cases, student loans are non-dischargeable in a bankruptcy proceeding. Debtors who desperately need assistance resolving their debt issues are not truly afforded a fresh start if a majority of their debt stems from student loans. This is why I am working to change the laws governing student loans in bankruptcy.

When you are struggling to pay bills and to make ends meet, it may feel like you are alone. However, consumer debt statistics prove that you are not alone. Individuals throughout the United States continue to struggle to pay their bills each month. As unemployment continues to be a problem and individuals suffer without adequate health insurance, consumers are forced to take on more debt in order to pay for basic necessities such as food, shelter and clothing.

When you decide to file for bankruptcy relief, you are ready to hit the ground running. For most people, the weeks and months leading up to this decision are emotionally draining. Therefore, once you decide to meet with a bankruptcy attorney, you do not want to wait weeks or months for your case to be filed.

Managing credit cards after bankruptcy can be a tricky matter. Some individuals are so fearful of going through bankruptcy again that they avoid using credit cards at all; however, this is not an effective way to rebuild credit after bankruptcy (which is a goal you should work toward after receiving a bankruptcy discharge). Other individuals jump back into credit without a clear idea how to manage credit wisely. This article is for all of those individuals, as well as those looking for some guidance and advice on how to manage credit cards responsibly.

You see their ads on television, billboards and on every webpage related to debt relief - - the stereotypical “Big City” bankruptcy lawyer. They play on your emotions and promise you immediate relief from debt collectors and creditors. However, what they do not explain in their advertising is that they are more of a “mill” than a law firm. You are a file number and a retainer fee, rather than a real person with real financial problems. If you are considering bankruptcy, this doesn’t have to be your experience.

There are bankruptcy lawyers out there that treat you as an individual, with emotions and unideal financial circumstances. However, if you don’t go this route, you are at risk of succumbing to the dangers of choosing a stereotypical lawyer:

What are the Dangers of Choosing a Stereotypical Lawyer?

1. The biggest disadvantage of choosing one of these law firms is that the lawyer you meet with for your consultation may not be the lawyer that you see when you hire the firm (if you see a lawyer at all). You will be shuffled from lawyer to lawyer as you go through the bankruptcy process. Rather than having a bankruptcy lawyer that is familiar with your unique financial situation, you are placed with whatever lawyer has an open slot. You want a lawyer who takes the time to understand your situation and who is committed to helping you through this difficult time in your life. Our bankruptcy lawyers take the time to get to know each client so that we can make this process as stress-free as possible.
   
   
2. Many of these firms and lawyers have a pretentious demeanor. You may feel looked down upon, judged and intimidated when you meet with one of these lawyers. Rather than seeing you as an individual who needs help dealing with a serious financial crisis, these lawyers place blame for your financial situation squarely on your shoulders. It is our belief that most debtors are in this situation due to circumstances beyond their control, such as unemployment or a sudden illness. You need a bankruptcy lawyer who is going to be your partner in finding a resolution to your debt problems, rather than someone who is going to cause you to feel shame about your current financial situation. Unlike these firms, we understand this is a difficult and painful decision and we are here to give you the support, encouragement and guidance you need to solve your debt problems.
   
   
3. You are going to get the run around. Every time you call the law firm, you will speak to a different receptionist, then get transferred to a different assistant and maybe, if you are lucky, you will get to speak to a lawyer, but probably not the one assigned to your case. Again, these “Big City” law firms are not interested in helping you recover from a financial crisis. They only want to hurry you through the process so they can close your file and move on to the next paying customer. You are handed off to whoever is available at that moment, rather than being treated as an individual. Filing bankruptcy is a serious decision and you deserve to be treated with respect.
   
   
4. You become just another case filing to generate money for the law firm. The lawyers in these firms are looking at one thing - - their profits. Instead of seeing clients as individuals, they see them as case files. There is no personal attention or investment of time in the client. You are much more than some documents in a file folder; you are a real person with feelings, concerns and questions. We may have answered the same question hundreds of times; however, when you ask a question, you deserve to have it answered thoroughly to ensure you are comfortable with the bankruptcy process.
   
   
5. When you hire a bankruptcy lawyer, you expect to have your case filed within a reasonable period of time. However, when you are but one file of hundreds, weeks or months pass before your bankruptcy is filed and you get to court. The filing of your bankruptcy may be pushed further back because some assistant or junior lawyer wants to move another case along more quickly. Your file is shifted between several lawyers and assistants so that it never receives the proper attention you deserve. We understand your time is valuable and that you want to move as quickly as possible through the process so that you can begin rebuilding your finances and your life.

Choose the Right Partner

If you are drowning in debt, you are not alone. Millions of Americans across the country are suffering from debt problems due to loss of jobs, medical bills or the loss of a spouse. Life is fluid and we never know what to expect around the next corner.

In my opinion, the single most important tip to rebuild credit after bankruptcy is to not be afraid of credit. One of the biggest mistakes people make is completely avoiding credit after they file bankruptcy. Although avoidance is likely done with good reason, it won’t help rebuild your credit.

Filing a bankruptcy case is an emotional process that most people never want to repeat during their lifetime. However, it is also a process that allows individuals who are suffering from debt problems to receive the help they need to recover from a terrible financial crisis. Taking on credit again after filing a bankruptcy can be scary because credit probably played a role in your decision to file bankruptcy in the first place.

Jane’s Experience with No Credit, Post-Bankruptcy

Yes, you can file your own bankruptcy case; however, you probably will not get the results you want as efficiently as is possible. Filing a bankruptcy case can be a very complex matter, especially if it is a Chapter 13 case. In addition to filing the bankruptcy petition, schedules and statements that are required in all bankruptcy cases, you must also create and propose a repayment plan. Repayment plans are complex and require more than simple math to calculate. The benefits of having a Chapter 13 attorney far outweigh the costs you think you might save by trying it alone.

There are several types of bankruptcy available to business owners who are struggling with overwhelming debt. Due to poor economic conditions, many businesses are forced to shut their doors. For some, the damage caused by business failure extends far beyond losing their business. In many small businesses, owners personally guarantee the debt incurred by the business. This means that, if the business fails, the creditors look to the co-debtor, or the owner, for repayment of the debt. Unfortunately, the closing of their business typically means the loss of the owner’s sole source of income, leaving no means to repay the business debts.

Bankruptcy can help relieve business debt and repair the damage caused by business failure. Because there are several types of bankruptcy individuals and businesses can file, there is almost always a solution that is right for each unique set of circumstances.

The Different Types of Bankruptcy for Business Debtors

As a bankruptcy attorney, I am often asked questions about consolidating debts, such as, “How does debt consolidation work?” and “Can I do this to avoid filing bankruptcy?” To be honest, many people who are dealing with debt problems think about debt consolidation loans or other similar solutions at some point. Most people begin wondering how debt consolidation works when they are searching for a way to make creditors and debt collectors stop calling and sending threatening letters. Others begin to explore debt consolidation options only when they are served a lawsuit.

When clients ask me how debt consolidation works, I first begin by explaining the difference between a debt consolidation loan and the use of a debt consolidation company. Before diving into these differences I make an extremely important point: these options generally only work in situations where individuals have the ability to repay their debts, or at the very least, a significant portion of them. There are very few cases where we find that debt consolidation is the best option for solving overwhelming debt problems. To illustrate, let me explain each option and give examples of when it will work and when it is often better to file a bankruptcy.

How Does Debt Consolidation Work?

Debt is one of those situations that cause people to place blame, become depressed and experience intense emotions, such as relentless anger and the feeling of hopelessness. These then trickle into your daily life and cause poor performance at work or tense marital interactions, for example. A challenging financial situation can have a snowball effect, tirelessly enhancing your stress and contaminating your life and relationships.

One of the biggest concerns that most people have about filing bankruptcy is their credit score. As experienced bankruptcy attorneys, we understand our clients concerns about their credit score after bankruptcy. Your credit score affects everything from obtaining new credit, to the amount you pay for your automobile insurance. Credit ratings are vital to our financial stability, and rebuilding credit takes time and patience.

Quality bankruptcy lawyers do more than eliminate your debts - they aim to treat the cause. They devote their time and attention to answering your questions about bankruptcy, providing support, guiding you through each step of bankruptcy and preparing you for life after bankruptcy. Unlike many law firms that try to split their time between several areas of law, we focus 100% on bankruptcy. Because we focus our practice solely on bankruptcy matters, we go beyond helping our clients with debt elimination – we offer counsel on how to have a stronger financial future once you receive your bankruptcy discharge.

What are the Five Top Reasons for Filing Bankruptcy?

If you assume that the role of bankruptcy attorneys is simply to provide legal advice, you are incorrect. They are there to help you overcome the feelings of grief, shame and fear that are often associated with debt problems. As bankruptcy attorneys in St. Cloud, MN, we see hundreds of debtors each month – we want you to know that you are not alone in your struggles. Many of the perceptions associated with filing bankruptcy are false; however, our attorneys understand that the emotional aspect that accompanies a monetary crisis is real.

How Can Bankruptcy Attorneys Help Me Get My Life Back?