We get this phone call often. The person on the other end of the call is a former client of LifeBack Law Firm. The client has a vehicle loan for 10k and the vehicle is now a pile of junk. Yes, it is unusual for a bank not to want their collateral back, unless the collateral is junk.

When you file bankruptcy, the debt you have incurred prior to filing, can be included in your bankruptcy case. After filing, any new debt you incur is your responsibility and is not subject to the automatic stay of bankruptcy or the bankruptcy discharge. 

     If you are thinking about filing a Chapter 7 Bankruptcy in Minneapolis, MN, you need to watch out for these two things before choosing a bankruptcy law firm that is right for you.

When you first speak to an attorney about filing bankruptcy and throughout your case, you may hear certain terms or phrases used frequently. This blog will explore some of the more common words and what they mean. 

Court filing saysHoglund Law engaged in massive interstate advertising and marketing fraud spanning multiple states

Appearing on your behalf may sound appealing to some due to not paying attorney fees, but the advantages to having an attorney represent you during your bankruptcy greatly outweigh the cost associated with filing. 

    I often refer to a Chapter 13 Bankruptcy as a government-sponsored debt consolidation plan with unique twists. For example, in Chapter 13 Bankruptcy, the plan duration is limited to 3-5 years. We cannot go shorter than 3 years and we cannot go longer than 5 years.

You may hear a creditor of yours is secured or has a security interest and wonder what this means. Creditors with security interests are those who have a lien on assets. This means, that if the secured amount of debt is not paid, the lender can take back the asset, so they can recoup the amount of debt that is owed. 

Avoidance actions are claims to avoid a transfer of property by the debtor that was made voidable by the Bankruptcy Code. Avoidance actions include claims to recover fraudulent transfers and certain preferential transfers made too close in time to the filing of bankruptcy. The action is brought for the benefit of the estate and therefore belongs to the estate.

 Amendments are an official adjustment, addition, or subtraction of information in your bankruptcy petition or other official court documents. Amendments can happen for all sorts of reasons, for example, errors, omissions, new information, or different circumstances. 

Court filing says Hoglund Law engaged in massive interstate advertising and marketing fraud spanning multiple states

When filing a bankruptcy petition, the debtor is required to value of all of their assets. The value should be based on the current fair market value of the asset. The debtor needs to use logic and fact when determining the value of the assets. While most debtors are not experts on the value of all the assets that they own, at the time of the bankruptcy filing, the debtor is in a unique position to make a fair estimate on the value of the asset. The debtor knows the current condition of the asset, what is wrong with it, how well it has been maintained when it was purchased, and for how much. Additionally, many debtors have recently tried to sell their assets before filing for bankruptcy, to avoid filing, and they know the market and asking price for the asset. 

     When the news hit about a new truncated process to determine if student loans are dischargeable in bankruptcy, hopes naturally rise. When hope rises, our phones ring from anxious people wondering if student discharge is truly a possibility for them. I get it. We get it. 

A claim in bankruptcy is a claim of money owed to a creditor, filed by or for a creditor. Proof of claims is the document the creditor will file in the court, explaining the amount owed, why it is owed, and providing supporting documentation for the debt.

     In 2021, LifeBack Law Firm decided to change who we were to Minnesotans needing a safe refuge to inquire about bankruptcy and a safe place for employees to work. Looking back at early 2021, even I had little understanding (I am sad to say) just how unsafe the firm was for employees and prospective clients. When we set out to revamp ourselves and promote diversity and inclusion amongst our ranks, the blowback we got was swift, immature, and as insecure as you would imagine. It turns out, for many, unless diversity benefits them, they give diversity lip service. The trouble for them is the firm had no intentions of giving diversity and inclusion lip service. 

For questions or concerns about information on the petition, the debtor will be required to supply relevant explanations. Supplying the required evidence, documents and explanations may seem daunting, but is it part of the process to ensure that bankruptcy debtors continue to be honest and forthcoming on their petitions.