I have often described Chapter 13 Bankruptcy like a “government sponsored debt consolidation plan”, because that is what it is. In simple terms, the function of a Chapter 13 trustee is to collect funds from debtor(s) and disburse those funds to debtor(s)’s creditors based on an approved plan. Now, the trustee must examine the schedules, and the plan, to make sure the proposed plan complies with all legal requirements under the law. If the plan does not, the Chapter 13 trustee’s job is to object to debtor’s plan until it does.

Section 341 of the Bankruptcy Code requires debtor(s) to submit to an examination, under oath, by the Chapter 13 trustee, or a representative of the trustee. The general purpose of the meeting is for the trustee to examine the debtor and debtor’s schedules to make sure all debtor(s) assets and debts are listed on the schedules and that debtor has listed all of her income and expenses as well. Part of the function of a Chapter 13 trustee is to determine whether debtor(s) schedules and proposed plan comply with federal bankruptcy law.

If you are looking for a bankruptcy attorney in Mankato, Minnesota, it pays to look at the law firm’s website first. Only select the law firm with the LARGEST Chapter 7 and Chapter 13 Bankruptcy website in Minnesota. Why would you want to research bankruptcy on a bare bones site when you can research to your hearts content on Minnesota’ LARGEST Chapter 7 and 13 Bankruptcy website?

Yes, you do. As part of the bankruptcy law changes handed down in 2005, Congress now requires each debtor in bankruptcy to have to go through a US Trustee qualified credit counseling and obtain a certificate (which gets filed with the bankruptcy court) prior to filing Chapter 13 Bankruptcy. If you fail to complete this course and file a certificate with the bankruptcy court, your bankruptcy case will get dismissed. Crazy stuff right?

Many people make New Year’s resolutions to exercise more, eat healthier, or be kinder to others. But what about resolving to address your financial situation? A lot of people facing financial stress and debt tend to sweep it under the rug. It may feel so overwhelming that they think there is nothing that can be done about it. This is not the case, however, as our experienced bankruptcy attorneys have helped many people overcome even the most serious financial situations. The following are only some debt-related resolutions that can make for a happier 2019.

Once the decision to file Chapter 13 Bankruptcy has been made, there are documents that you should gather to make the process of filing bankruptcy easier. We already know that credit reports and asset reports should be pulled as part of the process. But, there is more information that is needed by your attorney. If you would like to be your attorney’s hero, starting gathering these documents now.

When you invoke the power of the bankruptcy court, seeking protection from your creditors, you also have duties as well. Section 521 of the Bankruptcy Code outlines many of these duties. Chapter 13 debtors must file a host of schedules with the bankruptcy court and these schedules are verified under penalty of perjury. As such, these schedules must be complete and accurate. Filing inaccurate or incomplete schedules with the bankruptcy court may result in debtor being denied confirmation of the Chapter 13 plan, and worse, a denial of discharge or being charged with bankruptcy fraud.

The holidays are a time for parties and gift-giving, as well as travel or hosting out-of-town family and friends. It feels good to find the perfect gift for each loved one or to put out a gorgeous spread for a holiday party, however, increasing credit card balances can be in the back of your head, causing you constant stress during the season that should be joyful. The good news is that the holidays don’t have to be stressful if you follow some simple tips for holiday spending.

The first step in filing a Chapter 13 Bankruptcy is to find a competent and local bankruptcy attorney who can represent you in your Chapter 13 Bankruptcy case. There are two major pitfalls to avoid in searching for competent instate licensed and local bankruptcy attorney.

If you were to file a Chapter 7 Bankruptcy and you had transferred an asset to anyone within two years prior to the time you filed the Chapter 7 Bankruptcy, you are going to run into Section 548 of the Bankruptcy Code and you will not like it.

Section 547 of the Bankruptcy Code covers preferences. Think of a preference like this- on the eve of filing bankruptcy, you preferred one creditor over another by paying one creditor and not the others. There are, generally speaking, two types of preferences.

The bills are piling up, and creditors are knocking at your door, so you’ve decided to file for bankruptcy. Because you’re already in a financially difficult situation, you don’t want to take on more debt, and you’ve heard that attorneys are expensive. As a result, you’ve decided to file your bankruptcy petition on your own, which is referred to as proceeding “pro se.” You’ve started filling out the forms and assembling the documents, and the process seems pretty straightforward. While it’s true that you don’t have to have an attorney handle your bankruptcy case, very few pro se bankruptcies are successfully completed. In this post, we’d like to discuss how an experienced bankruptcy attorney can be a tremendous help.

No one likes to think about losing their home to foreclosure. It’s a scary time - not only are you looking at the possibility of losing your home and having your family displaced, but foreclosure can also be financially disastrous. Aside from the damage to your credit, it also wipes out any value you have paid into the house such as your down payment and monthly mortgage payments. If you’re facing foreclosure, filing for Chapter 13 bankruptcy can help you avoid foreclosure and maybe even keep your home.

It’s that time of the year! The holidays are upon us, which of course includes holiday shopping. It’s no secret that Americans like to shop, and we do the bulk of our shopping in the days leading up to Christmas. The National Retail Federation reports that we will each spend an average of $1,007.24 this year, a significant amount of money. Most of this will be on gifts for others, but let’s be honest - some of it will be spent on gifts for ourselves. And let’s not forget the money spent on gas, parking, and dining out while shopping. If you host parties, travel out of town for the holidays, or have college kids that need airfare, all of it adds up to a pretty hefty expense that can hit you like a pile of bricks in the very near future.

It’s widely known that overwhelming medical debt pushes many Americans into bankruptcy, even if the specific percentage of bankruptcy cases is hotly debated. If you’re recovering from a major illness, the overall numbers don’t matter - the important fact is that you’re drowning in medical debt. Maybe you’ve lost income, or maybe you’re now partially or totally disabled as a result of your medical condition. Whatever your situation, you’re probably extremely anxious about your future and understandably so.