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.


      Chapter 13 Bankruptcy: A gov’t sponsored debt consolidation program in Minneapolis, MN

      Posted by Wesley Scott on December 1

       I have pity for humans who try to avoid the “b” word because they want to pay their debt. We all want to pay our debt. The issue is this: who comes first, your family or your creditors? Your family has to come first.

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      Public Benefits and bankruptcy in Minneapolis, MN  #6

      Posted by Wesley Scott on November 13

      Welcome back to our series of blog posts on the history and philosophy of the economy, bankruptcy, and debt – today we continue to discuss public benefits in the 21st century. Finally, we finish off our round up of public benefits by discussing workers’ compensation and unemployment benefits.

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      Should I File for Bankruptcy with My Spouse?

      Posted by Wesley Scott on September 26

      Bankruptcy law allows debtors to file a personal chapter 7 or 13 bankruptcy case either by themselves, individually, or jointly with their spouse. Typically, when both spouses have a substantial amount of debt, it makes good sense for them to file a joint case together. That way, both spouses can wipe out all of their debt, at the same time, without having to go through the additional time and cost of filing two separate cases (debtors don’t have to pay twice for attorney fees and court filing fees).

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      What are the Benefits of a Chapter 13 bankruptcy?

      Posted by Danielle Lin on August 8

      If you are thinking about filing for bankruptcy, you may be deciding between whether a Chapter 7 or a Chapter 13 would be better for you. While a Chapter 7 bankruptcy is known to give you a quick refresh button by wiping out all of your unsecured debt in 3-4 months, there are advantages to a Chapter 13 bankruptcy too. A Chapter 13 bankruptcy also provides benefits that a Chapter 7 cannot. 

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      Plan Objections: Chapter 13

      Posted by Col Ovik on July 11

      Chapter 13 bankruptcies are repayment plans based on the debtor’s ability to pay. When meeting with your attorney you will discuss your monthly budget: income and expenses, and determine a proposed monthly payment. Once the petition is filed, a creditor’s meeting and confirmation hearing will be scheduled.  Prior to the confirmation hearing, the creditors can objection to the confirmation of the plan.

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      What Happens if I am Unable Complete My Chapter 13 Bankruptcy Case?

      Posted by Wesley Scott on June 10

      A chapter 13 bankruptcy case is a three to five year repayment plan wherein the debtor makes monthly payments towards their debts. After successfully completing their repayment plan, the debtor’s remaining unsecured debts are discharged, with some exceptions (i.e. student loans). Once the bankruptcy court “confirms,” or officially approves, the debtor’s repayment plan (typically a few months after their case is filed), the debtor is bound to contribute all of their disposable income towards their monthly payments.

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      Can Second or Third Mortgages on Your House be Removed in a Chapter 13 Bankruptcy?

      Posted by Danielle Lin on May 30

      One of the benefits of a Chapter 13 bankruptcy is the ability to pay mortgage arrears, past due house payments, through a Chapter 13 payment plan. But, can second mortgages be removed in a Chapter 13 bankruptcy? Many people have multiple liens on their house, because they have taken out a second or a third mortgage. Often times, people take out a subsequent loan against a house that is already mortgaged, in order to pay for large expenses, such as buying a second house, or paying for a wedding.

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      How Restrictive is a Chapter 13 Bankruptcy?

      Posted by Wesley Scott on May 21

      Chapter 13 bankruptcy, often called a "wage earner's plan," offers a structured path to debt relief for individuals with regular income in Minnesota. While it allows you to keep your assets and catch up on missed payments, it's natural to wonder how restrictive this process might be. Let's delve into the financial commitments and lifestyle adjustments involved in a Chapter 13 bankruptcy.


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      Calculating a Chapter 13 Payment Amount

      Posted by Charles Nguyen on May 4

      Chapter 13 bankruptcy, also known as a reorganization bankruptcy, offers a lifeline for individuals struggling with debt. Unlike Chapter 7, which involves liquidating assets to repay creditors, Chapter 13 allows you to create a structured repayment plan, typically spanning three to five years. An essential aspect of this plan is the minimum monthly payment, which is a required amount you must pay monthly towards your debts.


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      What Can and Cannot Happen In a Chapter 7 and Chapter 13 Bankruptcy

      Posted by Charles Nguyen on April 23

      Here is what CAN occur in a Chapter 7 Bankruptcy:

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      Avoiding Judicial Liens in a Chapter 13 Bankruptcy Case

      Posted by Wesley Scott on April 9

       In a chapter 13 bankruptcy case, the debtor must pay all of their disposable income towards their debts in a three to five year repayment plan before their remaining debts are discharged. Disposable income is the income remaining after paying the debtor’s normal monthly expenses. This differs from a chapter 7 bankruptcy case, in which the debtor is not required to make payments towards their debts before receiving a discharge a few months after their case is filed.

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      Will I Lose My Tax Refunds In Chapter 13 Bankruptcy?

      Posted by Wesley Scott on March 23

      It is that time of year, again. Tax filing season is upon us. If you find yourself in a Chapter 13 Bankruptcy in Minnesota, you may be wondering if you are able to keep your tax refunds. The answer to this question is determined by what your specific plan calls for. If your Chapter 13 plan is silent as to tax refunds, presumably you are allowed to retain possession of 100% of your tax refunds. However, if your plan has specific provisions dealing with excess tax refunds, you must comply with them.

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      Chapter Bankruptcy 13 Plans

      Posted by Col Ovik on March 16

      When filing a personal bankruptcy, you have to choose the bankruptcy chapter that will work best for your situation. Your attorney can help advise you on selecting the appropriate chapter. Although, some debtors are not eligible for filing a chapter 7, and will have to select a chapter 13 filing, others will voluntarily select to file a chapter 13. There are several reasons a debtor may choose a chapter 13 filing over a chapter 7, but once you have decided a chapter 13 is the right choice for you-you will next consider the length of the commitment period.

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      Tax Debt and a Chapter 13 Bankruptcy

      Posted by Charles Nguyen on February 18

      Typically, you can’t get rid of tax debt in a Chapter 7 bankruptcy.  But, if you can afford the payments, then a Chapter 13 bankruptcy is a great tool to help you with this type of debt.  This is because you’re allowed to pay your tax debt through a Chapter 13 repayment plan, which lasts 3 or 5 years.  Even if your tax debt is considerably large, filing a Chapter 13 may still make financial sense, since you’re not incurring interest and penalties during your bankruptcy.  Plus, you’re not paying back your credit credits, unsecured loans, and medical bills, and those debts will go away once you’re finished with your Chapter 13 plan! 

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      Interesting Facts about Bankruptcy Continued

      Posted by Amanda Scharber on February 7

      Bankruptcy has a wide variety of interesting facts. A few are listed below:  

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      Posted by Col Ovik on January 6

      A chapter 7 bankruptcy is a liquidation bankruptcy, consequently non-exempt assets in a chapter 7 bankruptcy are liquidate or debtor may be able to purchase their non-exempt assets back from the bankruptcy estate. In a chapter 7 bankruptcy, the debtor has a limited amount of time to purchase back their non-exempt assets or relinquish the assets to the bankruptcy estate. If a debtor is unable to purchase back their assets from the estate or is unwilling to give up their non-exempts the debtor may consider filing a chapter 13. (Your attorney will let you know which assets in your case are non-exempt).

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