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.

 

    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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    The Most Important Tip to Rebuild Credit After Bankruptcy

    Posted by Wesley Scott on June 17

    In my opinion, the single most important tip to rebuild credit after bankruptcy is to not be afraid of credit. One of the biggest mistakes people make is completely avoiding credit after they file bankruptcy. Although avoidance is likely done with good reason, it won’t help rebuild your credit.

    Filing a bankruptcy case is an emotional process that most people never want to repeat during their lifetime. However, it is also a process that allows individuals who are suffering from debt problems to receive the help they need to recover from a terrible financial crisis. Taking on credit again after filing a bankruptcy can be scary because credit probably played a role in your decision to file bankruptcy in the first place.

    Jane’s Experience with No Credit, Post-Bankruptcy

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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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    Which Types of Bankruptcy Repair Damage Caused by Business Failure?

    Posted by Wesley Scott on June 3

    There are several types of bankruptcy available to business owners who are struggling with overwhelming debt. Due to poor economic conditions, many businesses are forced to shut their doors. For some, the damage caused by business failure extends far beyond losing their business. In many small businesses, owners personally guarantee the debt incurred by the business. This means that, if the business fails, the creditors look to the co-debtor, or the owner, for repayment of the debt. Unfortunately, the closing of their business typically means the loss of the owner’s sole source of income, leaving no means to repay the business debts.

    Bankruptcy can help relieve business debt and repair the damage caused by business failure. Because there are several types of bankruptcy individuals and businesses can file, there is almost always a solution that is right for each unique set of circumstances.

    The Different Types of Bankruptcy for Business Debtors

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    Creditor Harassment Was Ruining My Life, I Had to Make it Stop

    Posted by William Kain on May 22

    Debt is one of those situations that cause people to place blame, become depressed and experience intense emotions, such as relentless anger and the feeling of hopelessness. These then trickle into your daily life and cause poor performance at work or tense marital interactions, for example. A challenging financial situation can have a snowball effect, tirelessly enhancing your stress and contaminating your life and relationships.

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    Your Poor Credit Score after Bankruptcy Wasn't Caused by Bankruptcy

    Posted by Wesley Scott on May 21

    One of the biggest concerns that most people have about filing bankruptcy is their credit score. As experienced bankruptcy attorneys, we understand our clients concerns about their credit score after bankruptcy. Your credit score affects everything from obtaining new credit, to the amount you pay for your automobile insurance. Credit ratings are vital to our financial stability, and rebuilding credit takes time and patience.

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    A Bankruptcy Attorney Helped Me See the Light in the Darkness

    Posted by Wesley Scott on May 6

    Sometimes, the best way to understand that you are not alone in your financial distress and the emotional despair that comes with it is to share a story of someone who has been in your shoes. So I’ve asked Patrick* if he was willing to share his story with you. He isn’t the stereotypical candidate for bankruptcy – in fact, most filers don’t fit that mold – and his journey is representative of many that come through our doors.

    Meet Patrick

    My story may sound familiar to you if you are dealing with overwhelming debt. My name is Patrick. My wife and I were both successful in our careers and blessed to have a good income to support our children and our lifestyle. This was until I was laid off from my job two years ago. I qualified for unemployment and we managed to make ends meet by cutting expenses and making lifestyle changes. Unfortunately, my unemployment ran out before I was able to find another job. My wife and I both assumed that I would be able to find another job within a short period of time; however, due to the recession and the economy, jobs within my industry were difficult to come by.

    After my unemployment ended, we were unable to keep up with our living expenses, in addition to our other monthly bills. Of course, we tried to keep our mortgage and car payments current because they were necessary for our survival. We did not pay our credit cards, personal loans and medical bills in favor of paying our house payment, car payments and living expenses. We managed to hang on for several month months but eventually one of our vehicles was repossessed. Creditors and collection agencies would call at all hours of the day and night, they even began calling my wife at work and threatening to file lawsuits. We received notice that we owed a deficiency on our car loan and they would be seeking a judgment to force us to pay the amount due. It seemed that the more we tried to settle with creditors, the more aggressive and demanding they became.

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    7 Money Management Tips When Drastic Lifestyle Changes Occur

    Posted by William Kain on April 29

    All of us are subject to drastic lifestyle changes that can have a negative impact on our finances, making it difficult to pay bills. It could be loss of income due to unemployment or reduced hours, a divorce, loss of a spouse, business failure or prolonged illness or medical emergency. The fact is that we never know when we might find ourselves facing a financial crisis due to a lifestyle change.

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    My Chapter 13 Repayment Plan Allowed Me to Repay What I Could Afford

    Posted by Wesley Scott on April 24

    Charles*, a previous client of mine offered to share his personal bankruptcy story, in hopes that if you are facing a similar situation you might seek help and find comfort in the fact that you are not alone. I am grateful Charles is sharing his story because his experience is the epitome of financial situations taking a turn for the worse, and there was nothing he could do about it. I think many debtors relate to his situation and his emotional struggle to reach out for help.

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    With Divorce and Bankruptcy in Your Future: Which Should Come First?

    Posted by Wesley Scott on April 23

    Divorce and bankruptcy are both realities of life for many individuals. No one sets out in a marriage with the intent to file for divorce just as no one sets out in life with the intent of filing a bankruptcy. However, if divorce and bankruptcy are a future you are preparing for, you’ll need the experience and guidance of an experienced bankruptcy attorney.

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    The Honest Truth: How Often Can You File Bankruptcy?

    Posted by William Kain on April 17

    Hello, my name is Jane. I am just an average working woman, trying to make ends meet and keep the bills paid. In my mind, bankruptcy should only be relied upon when things are beyond control. However, in my experience, I know that situations can easily and quickly spin out of control. Throw one wrench into a perfectly planned and executed budget – like an unexpected car accident that results in thousands of dollars in unpaid medical bills and a vehicle purchase to replace the one that was totaled – and there you are again, buried in debt.

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    Personal Bankruptcy Doesn't Stop at Debt Elimination

    Posted by Wesley Scott on April 15

    Most people assume that the only benefit they will receive from a personal bankruptcy is debt elimination. However, personal bankruptcy does more than simply eliminate your debts. Personal bankruptcy aims to treat the cause that brought you to the bankruptcy court, as well as addressing the symptoms of a financial crisis. For example, filing a bankruptcy case will not only eliminate the debt associated with these top five reasons people fall into debt, it will also help them address the symptoms that built up to cause financial crisis.

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    Recognize Creditor Harassment and Put a Stop to It

    Posted by William Kain on April 10

    We receive calls every day from people just like you who are trying to pay their bills but have suffered a financial crisis and have fallen behind. They report that creditors and collection agencies are threatening to take their homes, garnish their wages or levy their bank accounts unless the bill is paid immediately. We hear horror stories of collection agents repeatedly calling their homes, their families or their place of employment to scare them into paying their debts. Angry collection agents bang on their doors or yell into the phone using abusive language and threatening legal action if the bill is not paid. All of these actions are considered creditor harassment and you have rights to make them stop.

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    Benefits of a Chapter 13 Trustee

    Posted by Wesley Scott on April 8

    The decision to file a Chapter 13 bankruptcy case is not something that most individuals take lightly. It is only after thorough consideration, and with the advice of an experienced bankruptcy attorney, that most individuals commit to reorganizing their debts through the bankruptcy process. Filing a Chapter 13 bankruptcy has many benefits, including saving your home from foreclosure, stopping repossession and even keeping you from going to jail if you are behind on domestic support obligations. However, one major advantage that is often overlooked about filing a Chapter 13 case is the appointment of a Chapter 13 Trustee.

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    Everything You Need to Know about Bankruptcy and Back Taxes

    Posted by William Kain on April 3

    Some people are faced with taxes that they cannot pay because of a lost job or the loss of a spouse’s income. Others may have increased the number of exemptions they claimed during the recession so they could put more money into their pockets each pay period and they are now facing huge tax bills. Whatever the reason may be for owing back taxes, bankruptcy may have the solution for your tax problems. Most personal taxes are not eligible for a discharge through bankruptcy; however, there are exceptions to the general rule. Plus, filing bankruptcy can help you with your back taxes in other ways.

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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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