You might be reading this title and thinking, what does bankruptcy and term limits have to do with each other? Whether you identify as a republican, democrat, independent, or any other party have you ever wondered how it is that someone could be in Congress for 30 years? Our government was supposed to be a government by the people, of the people, for the people. In other words, our government was supposed to be a citizenry government. 

 If I had one suggestion to someone looking for a bankruptcy lawyer in Minnesota it is this; read a lot of Google reviews before you call to set up an appointment with the bankruptcy law firm. Don’t read just a few Google reviews, and ignore 5 star reviews with no comments, I don’t believe them. Instead, binge read Google reviews on the Minnesota bankruptcy law firm before setting up an appointment. Do you notice anything troubling? Do you see Google reviews that express the same frustration? If so, move on to the next Minnesota bankruptcy law firm.

You can always tell when a bankruptcy law firm places profits over people. Their employees are miserable and their clients are unhappy. Don’t believe me? Take a look at a bankruptcy law firm’s Glassdoor reviews and read it for yourself. Sometimes, you need to take these Glassdoor reviews with a grain of salt because, in some cases, there are rumors of employers incentivizing employees to leave rosy Glassdoor reviews. 

You don’t need to suffer from high anxiety to be emotionally drained from the thought of having to file bankruptcy. For most of us, the thought of bankruptcy is initially devastating. At Kain & Scott, we know exactly how you feel right now. How? All of our former clients felt the same way you do at this very moment. But do you know what our clients found? Once they got on the other side of bankruptcy, they a) never regretted filing the bankruptcy and b) they are happier than they were before they filed the bankruptcy. This is why the way you feel now will not last forever.

 We attorneys joke all the time with each other about being doctors. I mean, we really are doctors. If you are a lawyer you have a Juris Doctorate degree which mean you are a doctor. So when I am referring to Dr. Scott, I am referring to myself as a licensed attorney. Now let us get on with the subject at hand.

 A lot of prospective clients want to know, who will know that I filed bankruptcy? This is a good question and one that I would also like probed before I filed bankruptcy. Filing bankruptcy is public information. However, this is not state court it is federal court. You cannot go down to your local courthouse and look up your neighbor’s bankruptcy because it will not be there. Instead, there are federal data bases that hold information on who filed bankruptcy and when. These data bases are password protected and you have to pay or link a credit card to the data base to gain access to it. Who among us is going to go through the trouble of a) finding the data base, b) sign up for an account, and c) link your credit card to the account to gain access to check on whether someone did or did not file bankruptcy?

Duluth, Minnesota is a nostalgic place I have been visiting since I was a child. To see the city nestled on the banks sloping down to Lake Superior and the vast lake with the sounds of the waves and seagulls brings back memories.  Sometimes this tranquil setting can be the background to not too tranquil problems like debt. Having debt is not tranquil it is stressful and really painful. It can consume you with mental and physical stress. 

Minnesotans looking to file bankruptcy in Minnesota should be aware that many purported Google Map Business Listings are fraudulent. What do I mean by fraudulent? Google Maps are supposed to be accurate and give the consumer accurate information on which merchants are where and when they are open and staffed on Google Maps. The trouble is pernicious businesses dupe Google into believing that the business’s request for a local Google Map Listing is not false but is a real location staffed and open during its stated hours. For example, to obtain a local Google Map Listing for a law firm, the law firm must operate full time at that location (not by appointment only). So if the law firm represents they are open and staffed from 8:00 a.m. to 5:00 p.m. Monday through Friday that is what Google then believes and represents to the public on Google Maps even if it is false. Why would a law firm dupe Google into publishing false advertising? Because it is big business for the law firm.

There is no worse feeling than suffering from overwhelming debt. The weight of the debt burden crushes you like a rock. It is all you think about night and day. The stress of debt permeates everything from your own physical and mental health to your relationships with co-workers and your family. Even your children feel the stress you are under.

The question often arises, “where will my bankruptcy case take place?” I find that some are worried about filing in their hometown or attending a hearing in their county courthouse.

The filing of a chapter 13 bankruptcy is voluntary. In chapter 13 bankruptcies, debtors make monthly payments to the trustee’s office to pay off a portion of their debts. The length of the payment plan can range from 36 months to 60 months.

Out of all the questions we bankruptcy lawyers get, this is probably the #1 question asked most frequently. If you have high anxiety, like me, filing bankruptcy can conjure up some pretty bizarre images in your mind. I remember thinking before I was a bankruptcy lawyer that once you file bankruptcy the bankruptcy people would probably follow you in the grocery store and ask why are you buying steak? Ridiculous right? But it is not so ridiculous for those of us with high anxiety. These kind of crazy images come to our mind right off the bat.

      A Chapter 7 Bankruptcy is like smacking a re-set button on your life with debt. You hit the reset button and poof the debt is gone and your stress goes away. Tens of thousands of Americans each year smack that reset button and move on with their lives, you can too. The only regret you will have is not filing Chapter 7 Bankruptcy sooner. I am not joking.

A “preference payment” is when a debtor treats one or more creditors greater than all of the other creditors. The general idea behind a bankruptcy is that all creditors receive equal treatment, whether in a chapter 7 or chapter 13. Preference payments do not include paying your day-to-day bills and living expenses. The bankruptcy code denotes paying a creditor $600 or more in a 3-month period; however, it is very common that some bills and minimum payments will total $600 or more, such as a mortgage, car payment, credit card minimums, etc. The trustee is looking for disclosure of those payments in your petition and schedules and will likely inquire if you paid above the minimum required payments; getting more than what the regular payment normally is. Disclosure of these payments is required and honesty with your attorney is imperative.

I hate seeing this happen, I really do. If you receive a discharge in Chapter 7 Bankruptcy it is possible to lose the discharge. If you have not received your Chapter 7 discharge yet, it is possible to be denied it. What is the most common reason for losing or being denied a Chapter 7 discharge? Lying on the bankruptcy schedules or lying about your financial affairs under oath.

A fraudulent transfer occurs when an individual knowingly transfers property or ownership in property, in an attempt to reduce their assets and the amount of money a creditor can recover. It can also occur when property or assets are sold for less than fair market value. It is aptly termed because in the eyes of the bankruptcy code, transferring your property to someone else with the intent of keeping it from your creditors, is fraud. Not all transfers require intent to defraud your creditors though.