The home foreclosure “crisis” passed from the headlines a number of years ago. But many Minnesota families still struggle with this issue. Largely, that’s because the Gopher State has one of the fastest foreclosure timelines in the country. After just one missed payment, the bank could take your house in only a few months.

Some people in this situation hire lawyers, go to court, and file restraining orders against the mortgage companies. That legal maneuver does not have a negative impact on a credit score. But in all but the most extreme cases, such as a fraudulent home inspection report, a restraining order only delays the inevitable, at best.

Credit scores are a very vague concept to most people, yet they can hold so much power over your financial well-being. Almost everybody has a credit score, and like it or not, it can affect everything from being able to open up a new credit card to determining if you will be approved for a mortgage or rental property. If you are considering filing for bankruptcy, chances are your credit score has already taken a hit, and is lower than what is recommended. You are also likely worried that if you go through with a bankruptcy, your credit score will become even lower, to a point that is irreparable. We are very happy to tell you that this is not something you should worry about. 

This question has probably never been more pressing. In a pair of 2017 decisions (Henson v. Santander and Midland Funding v. Johnson), the Supreme Court significantly expanded debt collectors’ power under the Fair Debt Collection Practices Act. Before these two decisions, moneylenders often shied away from court cases. They did not want judges to scrutinize their unfairly aggressive tactics. Now, such fears may be a thing of the past. Many debt buyers may file suit after just one or two extremely threatening letters, even if these debt buyers have little basis for their actions.

Several months after one of the biggest tax code rewrites in U.S. history, the Treasury Department finally released an online tool to help taxpayers re-calculate their withholding amounts. Nevertheless, millions will owe money come tax time.

Earlier, the IRS did release revised tax tables that conveyed the same information. But information formats like that are difficult for people to understand. The proper withholding amount is very important, emphasized American Institute of Certified Public Accountants chief tax analyst Melissa Labant. Too little, and the taxpayer will owe a significant amount in April. Too much, and “you’re giving an interest-free loan to the government.” Cari Weston, another AICPA tax analyst, added that the more allowances a taxpayer claims, the less money the government withholds.

Chances are, if you are considering filing Chapter 7 Bankruptcy in Minneapolis, MN, you are thinking that filing bankruptcy would be terrible for your credit score and profile. If you believe this, you are like the vast majority of Minnesotans. When most Minnesotans think about bankruptcy, and its’ impact on ones’ credit score, you think that bankruptcy would be devastating. Guess what? You are all wrong!

In our day-to-day practice at Kain & Scott, our attorneys will typically field a few contacts every month from business owners who are financially stressed.  The business owners typically have this, or a variation of this question: my business is in financial trouble, should the business file a bankruptcy?  It’s such a simple, and such a common question. One of the reasons the United States has a bankruptcy law is to provide a safety net from small business owners - to allow the business owners to take financial risks without having to worry about financial ruin if the business experiences significant reverses.  But while the question is simple, the answer is usually at least a little complicated. Let’s look at the factors that should be considered in making a decision as to whether to have a business file a bankruptcy case.

Our Minnesota guests are proof. Proof of what? Proof that Kain & Scott has an antidote for anxiety caused by overwhelming debt. How do I know this to be true? Because our guests say it all the time. It goes something like this- I was so nervous about bankruptcy and my debts before I met with Kain & Scott, and then once I met with the people at Kain & Scott, my anxiety went away and I felt like I could get through this with their help!

Legally, people in Minneapolis can file bankruptcy as many times as necessary. There are no filing limits. Multiple filings do have some adverse consequences, as set out below. However, this fallout is not as bad as some people think it is.

Besides, if properly done, bankruptcy is usually a once-in-a-lifetime proposition. A voluntary petition is a fresh start in almost every sense of the phrase. Actor Gary Busey, who is well-known for his “Buseyisms,” may have put it best in the wake of his own 2012 filing. He described bankruptcy as Bringing A New Knowledge Regarding Understanding Past Tribulations Concerning Yourself. That’s a very long way of saying that you have the power to reverse your financial fortunes, even though the filing itself was probably not your fault.

Bankruptcy is an investment for our clients. When finances are tight, anything is a significant investment. But the investment always pays off. The amount of money the client pays is nearly always inconsequential when compared to the tens of thousands of dollars of debt that is discharged. Furthermore, bankruptcy gives Minnesota families a fresh financial start. That’s something which is almost literally priceless.

I know that customer service sounds like a cliché, but it happens to be highly relevant. I know, every Minnesota bankruptcy law firm says they have excellent customer service or treats their clients well, blah blah blah. The problem is these statements don’t always square with what is said about them in Google reviews or by former employees in Glassdoor reviews.

How does one go about choosing a Minnesota bankruptcy law firm that is kind, helpful, professional, and has exceptional customer service? Spend your time researching different firms and reviewing lots of google reviews. Today, I want to discuss two things you should avoid when hiring a Minnesota bankruptcy law firm.

Most of the time, it is a wonderful thing to have equity in your home.  There is a sense of pride in it and it can be considered an investment that will someday pay off.  Sometimes, though, the fact that you have equity in your home is like blood in shark infested water.  If you have an unsecured debt (such as a credit card) that went unpaid and a creditor received a judgment, that creditor could put a judgment lien on your home.  That means if you sell your home, that creditor could get a portion of the equity in your home. Is there any way to protect the equity in your home in Walker, Minnesota?  Do you have any options for getting rid of the debt and the lien? How do you fix this and get your life back?

One of the reasons people file bankruptcy cases is to preserve vehicle ownership. If the client has a car loan, a chapter 13 case in which the terms of the vehicle loan can be re-set to make the payment more affordable is often attractive.  Or some clients prefer the liquidation approach of a chapter 7, in which other, unsecured debts are discharged, thus freeing up money in the monthly budget to make the car payment easier to afford.

As a Bankruptcy Attorney in Maple Grove, I hear it all the time- I want to file a Chapter 7 Bankruptcy, not anything else. Chapter 7 Bankruptcy, referred to as a “liquidation bankruptcy” or a “fresh start bankruptcy” is a four-month process where at the end of the process most unsecured debt is discharged, wiped out, tax free! Of course, there are many clients who do fit squarely within the parameters of a chapter 7.

After filing any bankruptcy you could be face with a variety of legal, financial and/or emotional consequences. Sometimes good, sometimes bad. Regardless, let's start by taking a look at the legal outcomes of filing Chapter 7 Bankruptcy. 

If you’re afraid that filing Chapter 7 bankruptcy will prevent you from purchasing your dream home or concerned that you’ll be unable to replace a vehicle that was repossessed, don’t be! While some conditions do apply, it is still possible for you to buy a new house or car after filing for Chapter 7 in Minnesota.

And, if you file for Chapter 7 with Kain & Scott, you can take advantage of our Free 90 Day Credit Repair Program that will help you raise your credit score and obtain financing from one of our trusted Minnesota lenders to help you purchase the things your family needs.