In a chapter 13 case with priority tax claims, the debtor must pay these claims in full if the chapter 13 plan is to be confirmed. When the priority tax claim arises under § 507(a)(8)(C), such tax claims are an exception to the discharge under the general rule of § 1328.

Preferential transfers to creditors may be avoided under Section 547(b) of the Bankruptcy Code, if the transfer was made on or within 90 days before the date of the filing of the petition. In a Chapter 7 case, the appointed trustee steps into the debtor’s shoes, taking control of the debtor’s assets and seeing that every effort is made to enhance the estate for full distribution to the creditors. The Chapter 7 trustee increases the assets of the estate by avoiding a preferential transfer.

If you live within a 50 miles radius of St. Cloud, Minnesota, do like most people do, and turn to Kain & Scott if you are contemplating bankruptcy. Since 1972, area residents have trusted Kain & Scott to deliver the most kind, helpful, professional, and exceptional customer service to our residents suffering from overwhelming debt. Each year, hundreds of area residents use Kain & Scott to get their lives back---you can too.

I know of a single way to determine if you should file bankruptcy. At Kain & Scott we have been around since 1972. We have seen all the reasons for people to file bankruptcy. Every single one of these people are good Minnesotans who simply fell on hard times. Over and over we see the same themes which propel good people into bankruptcy.

Kain & Scott is Minnesota’s nicest bankruptcy law firm guaranteed or 100% off your fees™*. What does this mean? You can find our complete guarantee on our website at www.kainscott.com. Basically, if you don’t think Kain & Scott is Minnesota’s nicest bankruptcy law firm (most kind and helpful) and you tell us within 30 days of filing the bankruptcy case, and we cannot rectify the problem to your complete satisfaction, we will not only refund 100% of the attorney fees you paid us thus far, but we will also pay for you to have another bankruptcy lawyer complete your bankruptcy for you. Now is that confidence or what? You don’t guarantee your service will be the most kind and helpful unless it really is the most kind and helpful.

There is no question about the financial devastation that is befalling American businesses all across the country due to Covid 19. Oh sure some businesses will actually do well due to Covid 19, but many businesses will stumble and fail from Covid 19. All you have to do is take a look at any businesses that has the public visit it in any way to see the carnage. Movie theatres, restaurants, concert venues, sporting arenas, airlines, and many more are literally sustaining drops in business as high as 80%. Even in the best of times most of these businesses will struggle to produce a profit. Now imagine your business revenue falling 20% in revenue much less 80%?

Don’t listen to the supposed “gurus” who tell you to avoid bankruptcy. Some of these supposed “gurus” filed bankruptcy themselves. And now, they tell you not to file bankruptcy. I sometimes wonder who is paying these people to say this. Is it big corporations or credit card companies? If bankruptcy was good for the guru why is it not good for you too? One even has to be careful with “debt consolidation” companies who are owned in whole or in part by big finance companies.

If I were a Minnesotan looking to file bankruptcy one of the things I would love to know is what do people think, who have already filed bankruptcy in Minnesota, after they filed the bankruptcy? Do these people regret the decision they made to file bankruptcy? Are they thankful they made the difficult decision to file bankruptcy? Would they file bankruptcy again knowing what they know now? These are all wonderful questions I would want to know before I stuck my toes in the bankruptcy waters. Thankfully, there is no need to wonder about these questions. You see, our former guests know exactly how you feel right now. The nerves, the apprehension, and the scared out of your mind feelings you have. Our former guests all felt the same way. But what our guests found is once they filed the bankruptcy and got their lives back, they never regretted the decision to file.

At Kain & Scott we authored the book on bankruptcy and attorneys, “Filing Bankruptcy Sucks, Your Lawyer Should Not”. Isn’t this a great title for a bankruptcy book? I love it! It speaks to exactly how one feels about bankruptcy and lawyers who help you through it. Just the thought of filing bankruptcy for some can send them into a full blown panic attack. I get this. The thought of filing bankruptcy can be daunting and very scary. At Kain & Scott, we honor the courage it takes for you to file bankruptcy. We honor that courage by having the most helpful and kind bankruptcy team of staff and lawyers in the state of Minnesota, period!

Minnesotans who file bankruptcy trust Kain & Scott. As Minnesota’s oldest, largest, and most Google reviewed bankruptcy law firm, our Google reviews speak for themselves. These reviews come from the heart of our clients, former clients, and people who know and love us. I am always humbled to read reviews left by people. They put such thought into their reviews and you can tell the reviews are left with much heart and meaning. You see, at Kain & Scott, we honor the courage it takes for our guests to reach out to us for help.

As stated in the previous blog, Congress has covered their donors by making student loans non-dischargeable in bankruptcy unless the student/debtor can prove undue hardship. Congress has placed the burden of proving undue hardship squarely on the backs of students/debtors and not big banks which is where the burden should be. After all, the big banks and schools profit immensely off students investing loans into educations, no degrees, and worthless degrees, knowing or should knowing these students had no business a) in college to begin with, b) where in the wrong program for them because there was no testing done to begin with to see what the student’s gifts and aptitude is, and c) these students/debtors were investing far more money into these classes than they could ever recoup in a job they were likely to get.

Student loans are an abomination. What we have done to our children is reckless and wanton destruction of their future. Yes, America has abolished slavery, but when you look at some of these people saddled with overwhelming student loan debt, and many with no accompanying degrees of any kind, it is little wonder the economy is sluggish. With all these Americans saddled with overwhelming student loan debt who has surplus money to spend on anything else?

Getting rid of debt in bankruptcy is a huge step toward getting your life back. But the second step is important too. Repairing your credit is an important step to getting your life back. For example, a lot of people find out after they file bankruptcy that bankruptcy itself doesn’t clear the public records of judgments entered against you pre-bankruptcy filing. People also find out their credit reports are wrong and need helping fixing them. We had a lot of people calling us and asking us who we recommend for auto and home financing and also can you give me some nuggets to rebuild our credit?

Some people are confused as to why they have to pay a trustee when they file a Chapter 7 bankruptcy. I get the confusion. Often, it can feel a little bit like being picked on when you are down and out. It is not meant to be that way though. You see, when you file bankruptcy, you must disclose the existence of all your assets. Upon filing the Chapter 7 Bankruptcy you technically do not own your assets anymore, a bankruptcy estate does.

 Jump for joy! Yes, this is exactly what you will do immediately after filing bankruptcy. I realize you have better things to do than file bankruptcy. Many things come to mind really. A walk in the park, playing with your children, playing the banjo, any number of things. But, if you have anxiety like I do, there is no better feeling than solving a problem that has plagued you for good. And such as it is with crippling debt. Crippling debt destroys your physical, mental, and financial life. It sucks the life out of you. And to have something that destructive out of your life for good is joyous!

What on earth is a motion for relief from the automatic stay in bankruptcy? In bankruptcy, like any other legal field there is legal jargon that is often hard to recognize unless you spend your days in the trenches like we bankruptcy lawyers do. When a petition for bankruptcy is filed with the bankruptcy court, debtor automatically invokes a court ordered injunction against all her/his creditors barring the creditor from doing all sorts of things to debtor to try and collect on a pre-petition debt. This court order is called the automatic stay. It is a powerful weapon against creditors who are abusive and threatening. The automatic stay legally prevents creditors from collecting from debtors. It is a time out if you will.