Welcome To The MN Bankruptcy Blog

Inside you will find over 500 helpful articles discussing the Chapter 7 & 13 Bankruptcy Process and other solutions for difficult financial situations.

 

    What is the Deal with Student Loans

    Posted by Wesley Scott on August 9

    It seems that almost everyone in this country has one thing in common-student loans.  You receive this extensive training, only to find out there are no jobs available in that field, and the skills are non-transferable.  

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    What is Chapter 7 Bankruptcy in English

    Posted by Wesley Scott on August 8

    Chapter 7 Bankruptcy is a bankruptcy where you do not make payments back to your creditors. Instead, your liability on the debt id “discharged” in bankruptcy. Once discharged in bankruptcy, you are no longer liable on the debt, tax free, forever. So while the creditor will write off the debt as a loss on their tax returns, the debt forgiven is not taxable to you under the IRS Code. The IRS Code basically says whatever debt is forgiven as a result of a Title 11 Bankruptcy, which Chapter 7 Bankruptcy is, is not taxable to you. The tax form you should file with your tax return is IRS Form 983.

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    What Debts are Discharged In A Chapter 7 Bankruptcy

    Posted by Wesley Scott on August 7

    If you file a Chapter 7 Bankruptcy, what debts are discharged? This is an excellent question I was just asked a few days ago. This person had some unemployment overpayments, child support, and student loan debt plus about 65k in credit card debt.

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    Can I Keep My House If I File Chapter 7 Bankruptcy In Minnesota

    Posted by Wesley Scott on August 6

    If you are like me and have high anxiety, having debt would cause you to raise this question. If I file Chapter 7 Bankruptcy in Minnesota, can I keep my home? When you file Chapter 7 Bankruptcy in Minnesota, you are able to keep your home. The reason you are able to keep you home is this; there are state of federal exemptions you can use which allow you to keep your home. If you have a lot of equity in your home, you likely will need to use the Minnesota exemptions. If you don’t have a lot of equity in your home, you will likely use the federal exemptions. Do not worry about which set you should use as a quality Minnesota bankruptcy firm will help you with this.

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    Do People Survive Bankruptcy?

    Posted by Wesley Scott on August 5

    I know this headline seems a little silly. But if you have anxiety, this headline is spot on. Yes, people not only survive bankruptcy, they thrive after bankruptcy. Just a few weeks ago I had a former client call me. He said he was in our neighborhood, driving by one of our buildings, and he was reflecting about his own story. He said he remembers being terrified about the prospect of filing bankruptcy. But, he said, after he filed the bankruptcy and got his life back, he never once has regretted the decision to file.

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    Have You Been the Victim of Legal Advice Given to you by a Bankruptcy Paralegal in Minnesota

    Posted by Wesley Scott on August 2

     At Kain & Scott, we never have potential or current clients receive legal advice from a paralegal. Any legal advice dispensed is always dispensed to you by a licensed Minnesota bankruptcy lawyer. Trouble is, not everyone thinks that it is illegal and unethical for paralegals to give legal advice to Minnesotans suffering from overwhelming debt. 

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    How Long Does a Chapter 13 Bankruptcy Take

    Posted by Wesley Scott on August 1

     A Chapter 13 Bankruptcy is a government sponsored debt consolidation plan. It is government sponsored because our legislators enacted Chapter 13 Bankruptcy into law under Title 11 of the U.S. Code. 

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    How to Qualify for a Chapter 7 Bankruptcy

    Posted by Wesley Scott on July 31

    The Bankruptcy Code lays out the parameters for who can file a Chapter 7 Bankruptcy. Many of these requirements can be found in Section 109 of the Bankruptcy Code, “Who may be a debtor”. As to who qualifies for a Chapter 7 discharge one needs to look at Section 707 and Section 727 of the Bankruptcy Code. When you put these provisions all together you get a better picture of who can file a Chapter 7 Bankruptcy and who can receive a Chapter 7 Bankruptcy discharge. These two things are quite different.

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    When Should I File Chapter 7 Bankruptcy

    Posted by Wesley Scott on July 30

    When you first realize the boulder coming down the hill is going to run you over. I cannot tell you how many times I have heard clients say, “I just wished I had not waited so long to file.” Personally, I think human beings are far too rough on themselves. We wait far too long before we reach out for help. I think our pride and our vanity gets in the way of taking medicine we often need to take to cure the illness faster. After all, when your finances are sick, isn’t that what you are supposed to do? Find the medicine to cure the ailment and take it? That way, you can move on faster with your life.

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    Is There Such Thing as a Covid Bankruptcy?

    Posted by Wesley Scott on July 29

    The other day, I had a caller ask me is there such a thing as a COVID 19 bankruptcy? I said that is interesting question and the answer is yes and no. No, there is no specific bankruptcy called COVID 19 bankruptcy but yes there are plenty of bankruptcies that are the direct result of COVID 19. It is the same thing as when someone asked about whether there is a bankruptcy dedicated to just medical bills, you know, like a medical bankruptcy. The answer is the same. No, there is no such thing as a medical bankruptcy but medical bills cause a lot of bankruptcies.

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    Keeping the House in a Chapter 7 Bankruptcy

    Posted by Wesley Scott on July 28

    Bankruptcy requires extensive financial disclosure. All debts are listed in your bankruptcy and as well as all of your assets. Even the debts on secured property and the non-dischargeable debts are listed in your bankruptcy. 

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    How Much Does Chapter 7 Bankruptcy Cost

    Posted by Wesley Scott on July 27

    how much does it Cost to File chapter 7 Bankruptcy?

    Filing for Chapter 7 bankruptcy can provide significant relief from overwhelming debt, but it does come with certain costs. If you're struggling with overwhelming debt, you may be wondering how much does it cost to file chapter 7 bankruptcy?

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    How Often Can You File a Bankruptcy

    Posted by Wesley Scott on July 24

    There are limits on how often you can receive a discharge in a bankruptcy.  The discharge is where the debtor is released from the liability on their unsecured debts.  

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    How Does a Chapter 13 Bankruptcy Work

    Posted by Wesley Scott on July 23

    This is an excellent question. There are misconceptions out there about what a Chapter 13 Bankruptcy is and how it works. Many people mistakenly think that when you file a Chapter 13 Bankruptcy, and make payments back to your creditors, you are paying all your debt in full. In the vast majority of cases this is not true.

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    What Is A Chapter 13 Bankruptcy

    Posted by Wesley Scott on July 22

     A Chapter 13 Bankruptcy is a government sponsored debt consolidation program. It is government sponsored debt consolidation program because it is contained under Title 11 of the United States Bankruptcy Code. Built into federal law is a government sponsored debt consolidation program that can be used by many Americans as a tool to get a handle on their debt problem.

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    What is the Difference Between a Chapter 7 and Chapter 13 Bankruptcy?

    Posted by Wesley Scott on July 21

     Chapter 7 and Chapter 13 Bankruptcy are like different sides of a coin. They are as different as night and day. When most people think about bankruptcy they think about Chapter 7 Bankruptcy. And a lot of people are confused about what a Chapter 13 Bankruptcy is, and is not.

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