Supreme Court Justice James Clark McReynolds was one of the first Justices to set out the purpose of bankruptcy laws. In 1915, he wrote that bankruptcy is designed to “relieve the honest debtor from the weight of oppressive indebtedness and permit him to start afresh free from obligations and responsibilities consequent upon business misfortunes.” So, most Minnesota bankruptcy debtors are entitled to debt relief.

The nature of this fresh start largely depends on the type of bankruptcy the debtor files. It also depends on a concept called reaffirmation, especially in certain kinds of bankruptcy.

Many Minnesota families have excessive credit card debts. Making matters worse, according to one estimate, 60 percent of cardholders struggle just to make the minimum payment. So, every month, the family goes deeper into debt. This downward debt spiral quickly becomes overwhelming.

Many “debt consolidation” firms only make empty promises. But there is a federal debt relief program that’s designed to do away with excess debt and give Minnesota families a chance to start over. But bankruptcy is a very big decision. Before you file your voluntary petition, it’s important to know everything about Chapter 7 bankruptcy.

This is probably the single biggest question we get asked at Kain & Scott. What assets will I lose if I file Chapter 7 Bankruptcy? The answer simply put, is in the vast majority of cases filed, most debtors lose no assets at all.

We can protect a lot of assets in a Chapter 7 Bankruptcy. If your assets are protected we call that “exempt” assets. If your assets are not protected, and the Chapter 7 trustee can take and liquidate your assets, we call those assets “non-exempt”.

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?

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.

Once you have made the decision to get your life back, by filing a Chapter 7 Bankruptcy, you want to know how long is this going to take to get your life back right? When people make up their minds to file a Chapter 7 Bankruptcy, they are so excited to get their lives back they always want to know when? When do I get my life back, improve my credit profile, and live for the future!

If you’re one of the thousands of Minnesota residents who is considering filing for either Chapter 7 or Chapter 13 bankruptcy, follow these simple tips to help you get the most out of your Minnesota bankruptcy.

You have had a good paying job and also using your credit cards for purchases like any other person would when the unthinkable happens: you either lose your job or for some reason your income decreases.  The dam is about to break and there is no relief in sight because you now have these credit card bills that you previously had been able to pay and had every intent to pay back.  Bankruptcy seems like the best option to get your life back, but you have heard that your creditors will cry “FRAUD!” because you have been using your credit cards recently and you fear you need to wait 90 days before you can file bankruptcy.  Your worry is that you simply cannot wait any longer.  You do not want to be accused of fraud, but you also do not think you can wait 90 days before filing for bankruptcy.  You need relief sooner rather than later.  What can you do?  What SHOULD you do?

Don’t have any idea how bankruptcy works or what it can do for you? You’re not alone – many of our clients tell us during their free initial consultation that all they know about bankruptcy is that it is a way to get rid of debt, but are unsure how bankruptcy works and how it will affect their lives.

At Kain & Scott, our team of bankruptcy specialists are out in the real-world talking to real people about bankruptcy every day. After thousands of conversations with Minnesota residents, there are certain questions that come up over and over again in our discussions that, although the answers have a significant impact on the lives of those who are Filing Bankruptcy seem to be off-limits and therefore never addressed on most bankruptcy websites.

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.