If you are living in Wadena and you are thinking about debt and bankruptcy, you are probably thinking about credit cards, loans, mortgages, and things like that.  What you may not be thinking about are utility bills.  Yet, utility bills are often the bills that get juggled when we are living paycheck to paycheck.

As Minnesota’s oldest bankruptcy law firm, we’ve heard every bankruptcy question in the book over the last 50 years of helping Minnesotans erase their debt.

Here are some of your biggest Minnesota bankruptcy questions, answered:

Has your debt landed you on the naughty list this year?

It’s that time of year when Santa is making his annual inventory of all the good and bad Minnesotans. But Santa isn’t alone: many Minnesota families are also taking a good hard look at their finances and wondering how much crunch they will feel once their credit card statements come in January. According to a recent report, the average American family spent almost $1,000 on just gifts during the 2016 holiday season and the projected expense of the 2017 season is expected to be even higher. For Minnesota families that are already struggling financially, the added cost of the holidays can turn a bad situation into a dire one.

Most of us been in a position where we have been living paycheck to paycheck and have to pick and choose whether to pay certain bills or put food on the table for our families.  Families should not have to go through this, but up until the point they come into my office, that is often the case.  Now, sometimes one of the bills that doesn’t get paid is the mortgage.  If you live in a home and the mortgage is secured by land, the home would go through the normal foreclosure process.  But what happens if you live in a mobile home and the mortgage is not secured by land, and instead you rent the lot?  The process is a little different.

I get this question a lot. When is the right time to think about bankruptcy? Should I even be considering it if I’m current with everything? I think it really depends on circumstances and if you can project what the next couple of months forward will look like.

The term “full-service” is all the rage in business marketing: whether a hair salon, caterer, car wash, or accountant, every business pushes to be a one-stop solution to meet their customer’s needs. But what exactly is a full-service Minnesota bankruptcy law firm?

One of the most common points of confusion among potential clients who are considering filing bankruptcy in Minnesota is what types of debt can be discharged.

“Is all my debt eligible?” 
"What about my house and car?” 
“Can I get rid of my student loans?”
“Is there anything you can do about my hospital bills?”
“I have a huge utility bill – can I file for that?”

What many people don’t realize is that not all debt is the same and, as such, not all debt can be discharged with bankruptcy, regardless of the type of Minnesota bankruptcy you file.

I am a fairly private person.  I think it is natural for people to want to keep certain pieces of their lives private and this includes their financial affairs, whether they are having financial problems or not.  However, when people are having financial issues, they are probably a little more concerned with keeping it private.  It is a humbling thing to go through and people tend to not want to advertise it.  It is tough to be vulnerable and it is tough for us, as humans, to admit we are going through tough times.  I understand that.  It is interesting the stigma that is put on individuals who may be feeling some financial stress, yet look at the companies and banks that have been bailed out by the government.  I highly doubt those entities are losing sleep over being given a second chance; at being able to access a tool to help them out of their financial troubles.  You should not lose sleep over being given a second chance either.  But I know that before someone files bankruptcy, sometimes they are concerned with people finding out about their second chance.

Technically, all bankruptcy records are public through the federal court’s internet-based Public Access to Court Electronic Records (PACER) service. In order to access bankruptcy records through PACER, one needs an account set up. Those in Minnetonka can create their own PACER accounts, but the average Minnetonka resident doesn’t know that. One typically is in some sort of legal field in order to know about PACER access. Further, those with PACER access would need to search your name in order to find your bankruptcy filing. The chances of one of your Minnetonka friends or relatives having a PACER account and actually searching your name is pretty low. Plus, anyone that tries to access documents through PACER must pay a fee per page that they try to access. This acts as a natural deterrent from people casually searching through PACER.

Technically, all bankruptcy records are public through the federal court’s internet-based Public Access to Court Electronic Records (PACER) service. In order to access bankruptcy records through PACER, one needs an account set up. Those in Eden Prairie can create their own PACER accounts, but the average Eden Prairie resident doesn’t know that. One typically is in some sort of legal field in order to know about PACER access. Further, those with PACER access would need to search your name in order to find your bankruptcy filing. The chances of one of your Eden Prairie friends or relatives having a PACER account and actually searching your name is pretty low.