The primary purpose of filing bankruptcy is to award a fresh start to an honest but unfortunate debtor. Occasionally, a debtor may request the dismissal of their chapter 7 case if the debtor would be worse off if he stayed in the chapter 7 case than if the case were to be dismissed. However, the case cannot simply be dismissed because the debtor is unhappy with the outcome of the chapter 7 case, the debtor needs to have acted in good faith. 

When a debtor files a Chapter 13 bankruptcy, they are provided significant financial relief from their creditors. In a Chapter 13 bankruptcy, debtors make affordable, monthly payments towards their debts in a three to five year repayment plan. After their Chapter 13 plan is completed, debtors receive a bankruptcy discharge that wipes out their remaining debts. Immediately upon the filing of a Chapter 13 bankruptcy, debtors are protected from their creditors by the automatic stay – this prevents most creditors from taking any legal action in collecting from the debtor for unpaid debts. The automatic stay prevents creditors from calling debtors, sending bills, filing a lawsuit against them, and it also prevents creditors from enforcing court judgments against debtors (i.e. by garnishing their wages or levying their bank accounts).

Starting on April 1, 2023, new median income figures will be used to determine whether a debtor qualifies for a Chapter 7 bankruptcy. Median household income has recently increased due to several factors, including an increase in wages. A debtor filing a Chapter 7 bankruptcy must pass the means test, in order to qualify for a Chapter 7 bankruptcy. The means test looks at a debtor’s income from the previous six months prior to the time of their bankruptcy filing, and the debtor’s income must be under the state’s median household income in order to qualify for a Chapter 7 bankruptcy.

How do you start the process of choosing the best Minneapolis bankruptcy law firm? This is an excellent question. Whenever I have someone ask me if I happen to know a good bankruptcy lawyer in Denver, Colorado, I say no but I can help you choose an awesome lawyer. 

When you initially file a personal bankruptcy you are filed under a chapter 13 or chapter 7. But what happens if your circumstances change so much you cannot stay in your current chapter filed? Your attorney may mention a conversion. A conversion is converting your case from one chapter to another. Most commonly conversions are from 13 to 7, but you may need to convert 7 to 13. 

Generally, Chapter 7 debtors are entitled to a discharge of their pre-petition debts. However, some debts are excepted from discharge. 11 U.S.C. 523(a). Of those debts that are excepted, some are excepted from discharge as a matter of law, e.g., 11 U.S.C. § 523(a)(5) (domestic support obligations) and Section 523(a)(7) ) (fine, penalty, or forfeiture payable to a governmental unit). 

If you are in a chapter 13 bankruptcy case and you have a pending Motion (either Motion for Relief or Motion to Dismiss), you may have heard the terms cure order. Keep reading to find out more about the cure order and the impact it has on your case. 

This blog will focus on common motions and possible resolutions during your Chapter 13 case.

Motions are common during Chapter 13 cases. A motion is a party requesting a specific order during the Chapter 13. 

Lack of disclosure in a bankruptcy filing can negatively impact a debtor. Clients will often question why they need to disclose certain information or if it would be better to “hide” certain assets from the court.  

Section 541(a)(1) of the Bankruptcy Code provides that, at the commencement of a case, the bankruptcy estate is comprised of "all legal or equitable interests of the debtor in property." 11 U.S.C. § 541(a)(1). 

There a number of life circumstances that cause people to file bankruptcy in Minnesota. Among these reasons are job loss, reduction in income, serious illness, and other unforeseen circumstances that leave people in a financial situation wherein they are unable to pay their debts. Many Minnesotans struggle with an addictions such as gambling, drinking, substance abuse, and compulsive spending. Many of these same people would be tremendously benefited by filing for chapter 13 or chapter 7 bankruptcy but fail to do so due to fear or shame for having their addictions brought to light when they file their bankruptcy case. This should not be so. 

Most people have their bank accounts set up with direct deposits, automatic payments, transfers and the like. Therefore, it usually is a big concern of what will happen with your bank account after a bankruptcy case is filed. 

Provided under 26 U.S.C. § 6334, certain property claimed as exempt on the bankruptcy schedules are exempt from IRS liens. The Bankruptcy Code does not require debtors to include the exempted amount in an IRS allowed secured claim. 

A chapter 13 bankruptcy is a great way for Minnesotans struggling with their finances to manage their debts. In a chapter 13 bankruptcy case the debtor (what you call a person who files for bankruptcy) pays as much as they can afford, each month, in a 3 to 5 year repayment plan, after which they receive a discharge of their remaining debts.

If you are planning on surrendering secured property in your bankruptcy case, it likely has crossed your mind as to when you should take the insurance policy off. 

Filing for bankruptcy helps thousands of Minnesotans deal with, and eliminate, debt, each year. Many people contemplating filing for bankruptcy often wonder if they should be paying back their creditors and using their credit cards up until when their bankruptcy is filed. The short answer is, “no,” as using credit and paying back creditors does not benefit a person who will be filing for bankruptcy. In fact, doing this can actually cause issues in that person’s bankruptcy case.