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.

 

    We're Striving to Be the Best Bankruptcy Lawyer in Woodbury, MN

    Posted by Wesley Scott on August 11

    Are you searching for the best bankruptcy lawyer in Woodbury, MN? The attorneys at Kain & Scott have one goal — to help individuals and businesses who are experiencing financial troubles. You have suffered with debt problems long enough. You deserve to get on with your life without the threat of being sued by a creditor or harassed by a debt collector. 

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    Minnesota Bankruptcy Attorney: Where Our Motto Came From

    Posted by Wesley Scott on March 31

    “We don’t judge you, we help you get your life back.”

    The Minnesota bankruptcy attorneys at Kain & Scott live and breathe that motto. It wasn’t always written down on paper or hanging on the walls, but it has always been our driving force.

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    Why You Should Pick Kain & Scott as Your Minnesota Bankruptcy Attorney

    Posted by William Kain on February 24

     

     

    Choosing a Minnesota bankruptcy attorney is a big decision. With there being hundreds to choose from, how do you make sure that the one you pick is right for you? Some factors you may want to consider when choosing an attorney are:

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    Learn More about William Kain and His Bankruptcy Background

    Posted by William Kain on February 12

     

     

    William Kain was born and raised in St. Cloud, MN. He came from a modest home where his parents made financial sacrifices to make sure that their children were provided for. Bill greatly appreciates the sacrifices they made, because he enjoyed going to school and was able to obtain a law degree from the University of Minnesota Law School after graduating from Saint John’s University.

    In 1982, after graduating from law school, Bill came back to St. Cloud to practice. Starting off Bill’s focus was not on bankruptcy. However, when the demand for bankruptcy work increased due to the financial crisis that occurred in the agriculture community, he decided to give it a try. From the first bankruptcy case he filed he knew it was a rewarding area of practice for him because he enjoyed working with the clients and enjoyed the end results.

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    Learn More about Wesley Scott and His Bankruptcy Background

    Posted by Wesley Scott on January 27

     

     

    Wesley Scott grew up in a humble family of nine children in Foley, Minnesota. His dad worked in a factory and his mother was a work-at-home mom. Not only did his mom take care of her nine children, but she also babysat other children to earn money to feed their family. It was a big family, with lots of love, but little money.

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    Your Wedding Rings are Safe, Thanks to Your Local Bankruptcy Lawyer

    Posted by Wesley Scott on July 24

    I strongly believe that a person should not fear losing his or her wedding ring due a debt. Wedding rings are a symbol of a couple’s union and should be preserved at all costs. As a bankruptcy lawyer and a citizen of Minnesota, I did not think that the existing laws (prior to 2005) were fair because they permitted creditors to take a person’s wedding ring to satisfy a debt; so, I decided to do something about it.

    Lack of Protection for the Symbol of Marriage

    Prior to the change in Minnesota exemption laws, a creditor could obtain a judgment against you that would allow them to seize your wedding ring to satisfy the debt you owed. Under Minnesota Statute 550.37, certain assets of a debtor are considered exempt. In other words, creditors cannot seize these assets from a debtor to pay the debtor’s debts. Under the old exemptions laws, a debtor’s wedding ring was not exempt. Creditors were able to seize your wedding rings, sell them and use the proceeds to pay the debt that you owed. Can you imagine owing a dentist bill for $300 and having your wedding ring seized and sold to pay for the debt?

    Some people wondered why I was so passionate about working to change the exemption laws where wedding rings were concerned. To me, the prospect of losing a wedding ring to your creditors is despicable. I can understand losing a jet ski to your creditors to satisfy your debts, but not a wedding ring. A wedding ring is the symbol of marriage between two people.

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    Working to Change the Chapter 13 Bankruptcy Rules | Student Loans

    Posted by Wesley Scott on July 22

    Student loans are a serious debt problem for millions of Americans. Bankruptcy is designed to help provide relief for debtors who are struggling with overwhelming debt. However, in most cases, student loans are non-dischargeable in a bankruptcy proceeding. Debtors who desperately need assistance resolving their debt issues are not truly afforded a fresh start if a majority of their debt stems from student loans. This is why I am working to change the laws governing student loans in bankruptcy.

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    Dangers of Filing with the Stereotypical "Big-City" Bankruptcy Lawyer

    Posted by Wesley Scott on June 24

    You see their ads on television, billboards and on every webpage related to debt relief - - the stereotypical “Big City” bankruptcy lawyer. They play on your emotions and promise you immediate relief from debt collectors and creditors. However, what they do not explain in their advertising is that they are more of a “mill” than a law firm. You are a file number and a retainer fee, rather than a real person with real financial problems. If you are considering bankruptcy, this doesn’t have to be your experience.

    There are bankruptcy lawyers out there that treat you as an individual, with emotions and unideal financial circumstances. However, if you don’t go this route, you are at risk of succumbing to the dangers of choosing a stereotypical lawyer:

    What are the Dangers of Choosing a Stereotypical Lawyer?

    1. The biggest disadvantage of choosing one of these law firms is that the lawyer you meet with for your consultation may not be the lawyer that you see when you hire the firm (if you see a lawyer at all). You will be shuffled from lawyer to lawyer as you go through the bankruptcy process. Rather than having a bankruptcy lawyer that is familiar with your unique financial situation, you are placed with whatever lawyer has an open slot. You want a lawyer who takes the time to understand your situation and who is committed to helping you through this difficult time in your life. Our bankruptcy lawyers take the time to get to know each client so that we can make this process as stress-free as possible.

    2. Many of these firms and lawyers have a pretentious demeanor. You may feel looked down upon, judged and intimidated when you meet with one of these lawyers. Rather than seeing you as an individual who needs help dealing with a serious financial crisis, these lawyers place blame for your financial situation squarely on your shoulders. It is our belief that most debtors are in this situation due to circumstances beyond their control, such as unemployment or a sudden illness. You need a bankruptcy lawyer who is going to be your partner in finding a resolution to your debt problems, rather than someone who is going to cause you to feel shame about your current financial situation. Unlike these firms, we understand this is a difficult and painful decision and we are here to give you the support, encouragement and guidance you need to solve your debt problems.

    3. You are going to get the run around. Every time you call the law firm, you will speak to a different receptionist, then get transferred to a different assistant and maybe, if you are lucky, you will get to speak to a lawyer, but probably not the one assigned to your case. Again, these “Big City” law firms are not interested in helping you recover from a financial crisis. They only want to hurry you through the process so they can close your file and move on to the next paying customer. You are handed off to whoever is available at that moment, rather than being treated as an individual. Filing bankruptcy is a serious decision and you deserve to be treated with respect.

    4. You become just another case filing to generate money for the law firm. The lawyers in these firms are looking at one thing - - their profits. Instead of seeing clients as individuals, they see them as case files. There is no personal attention or investment of time in the client. You are much more than some documents in a file folder; you are a real person with feelings, concerns and questions. We may have answered the same question hundreds of times; however, when you ask a question, you deserve to have it answered thoroughly to ensure you are comfortable with the bankruptcy process.

    5. When you hire a bankruptcy lawyer, you expect to have your case filed within a reasonable period of time. However, when you are but one file of hundreds, weeks or months pass before your bankruptcy is filed and you get to court. The filing of your bankruptcy may be pushed further back because some assistant or junior lawyer wants to move another case along more quickly. Your file is shifted between several lawyers and assistants so that it never receives the proper attention you deserve. We understand your time is valuable and that you want to move as quickly as possible through the process so that you can begin rebuilding your finances and your life.

    Choose the Right Partner

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    8 Benefits of Having a Chapter 13 Attorney on Your Side

    Posted by William Kain on June 5

    Yes, you can file your own bankruptcy case; however, you probably will not get the results you want as efficiently as is possible. Filing a bankruptcy case can be a very complex matter, especially if it is a Chapter 13 case. In addition to filing the bankruptcy petition, schedules and statements that are required in all bankruptcy cases, you must also create and propose a repayment plan. Repayment plans are complex and require more than simple math to calculate. The benefits of having a Chapter 13 attorney far outweigh the costs you think you might save by trying it alone.

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    We Don't Stop at Debt Elimination - Going Beyond Bankruptcy

    Posted by William Kain on May 15

    Quality bankruptcy lawyers do more than eliminate your debts - they aim to treat the cause. They devote their time and attention to answering your questions about bankruptcy, providing support, guiding you through each step of bankruptcy and preparing you for life after bankruptcy. Unlike many law firms that try to split their time between several areas of law, we focus 100% on bankruptcy. Because we focus our practice solely on bankruptcy matters, we go beyond helping our clients with debt elimination – we offer counsel on how to have a stronger financial future once you receive your bankruptcy discharge.

    What are the Five Top Reasons for Filing Bankruptcy?

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    Get Your Life Back with the Help and Support of Bankruptcy Attorneys

    Posted by Wesley Scott on May 13

    If you assume that the role of bankruptcy attorneys is simply to provide legal advice, you are incorrect. They are there to help you overcome the feelings of grief, shame and fear that are often associated with debt problems. As bankruptcy attorneys in St. Cloud, MN, we see hundreds of debtors each month – we want you to know that you are not alone in your struggles. Many of the perceptions associated with filing bankruptcy are false; however, our attorneys understand that the emotional aspect that accompanies a monetary crisis is real.

    How Can Bankruptcy Attorneys Help Me Get My Life Back?

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    A Minnesota Bankruptcy Lawyer is Better than a Minnesota Lawyer

    Posted by Wesley Scott on March 26

    Our aim in this blog is not to discredit or offend other attorneys; our purpose is to inform individuals of the benefits of hiring a Minnesota bankruptcy lawyer verses a general practice attorney when you are contemplating filing bankruptcy. There are some types of law that are very specific and unique in how they are practiced and the rules that govern them that they require a special expertise in order to effectively represent clients. Bankruptcy comes to our mind because that is our specialty, but others include tax law, international corporate law, complex product liability and copyright and patent law.

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    Experienced Personal Bankruptcy Attorneys Offer Significant Advantages

    Posted by William Kain on February 27

    Are you considering filing for bankruptcy relief? It is possible to do this on your own (without a bankruptcy attorney). You will have to act as your own legal representative – which requires an understanding of the Bankruptcy Code, not to mention court etiquette and filing procedures. Incompletely or improperly filing bankruptcy will cause more headaches and issues than you had to begin with. Once you file a bankruptcy case, you may not be able to undo any mistakes you make while representing yourself.

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    Kain & Scott P.A. is a MN Law Firm Completely Focused on Bankruptcy

    Posted by William Kain on September 4

    PR For Immediate Release:

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    Meet the Kain and Scott Lawyers in St. Cloud, MN for Bankruptcy

    Posted by Betty Kuhn on August 6

    When filing for bankruptcy, having an attorney on your side can make all of the difference. Chances are you are already frustrated with your financial situation and stressed out because of all the problems that result from a lack of funds. Entering into a bankruptcy case without help will only multiply that frustration and stress, especially if you have no experience dealing with legal processes and language.

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