In the last two weeks I’ve written about how bankruptcy "works" - the nuts and bolts of bankruptcy law so that the policy goals of bankruptcy law can be met. The two main underpinnings of bankruptcy are to treat creditors fairly and to allow debtors to live with dignity. My first blog dealt with the contents of the bankruptcy petition, schedules and statements - documents that must be filed in every bankruptcy case - and how the information contained in these documents further the policy goals of bankruptcy.

You may have heard or seen advertisements claiming that this firm or that firm offers low-cost bankruptcy filing. But do you know what that advertised “low price” will actually cost you?

Typically, if someone else pays a person’s debts, the IRS considers such payments to be taxable income. Prominent exceptions include certain student loan repayments and gift repayments. Based on that analysis, many people think the answer to this question is a resounding “yes.” But it is actually a surprising “no,” because bankruptcy discharge is different from debt repayment.

Last week, I wrote about the nuts and bolts of bankruptcy - how bankruptcy “works.” In doing so, I concentrated on the paperwork any bankruptcy debtor has to file with the court: the bankruptcy petition, schedules and statements.  And I wrote about those documents through the lens of the two goals of bankruptcy: to treat a debtor’s creditors fairly, and to allow the debtor to live with dignity.  This week, I want to take a deeper look at how bankruptcy law attempts to satisfy those two goals.

What happens when the unexpected happens? You are going along and unexpectedly (or perhaps it is expected), your parent passes away without a will, leaving their home to you as the beneficiary. You are now trying to juggle the mortgage payment on your parent’s home in an effort to keep the home in the family, in addition to another mortgage and your own debt. Pretty soon you realize that your parents were behind on their mortgage payments when they passed away and you get that dreaded foreclosure notice. You were barely making ends meet before and now you need to come up with additional money to save the house.

Many seniors—perhaps after a lifetime of responsible spending and financial planning—find themselves in debt later in life. Typically, an upsurge in medical bills and related expenses causes seniors to fall behind on payments; because most seniors are on a fixed income, they sometimes lack the additional resources needed to pay for ongoing treatment or hospitalizations. With constant harassment from creditors and worries about liens and other aggressive collections actions, instead of enjoying your retirement you may end up even more stressed about money than ever before.

I meet with prospective clients every day to speak with them about their financial problems and if and how filing a Chapter 7 or Chapter 13 bankruptcy case would help resolve the specific problems confronting them.  At Kain & Scott, our MN Bankruptcy Lawyers have a structure to these meetings - the lawyers do what is in essence an intake interview. 

Many people I speak with are interested in finding out what debts are not dischargeable in a bankruptcy. Meaning what debts will still remain after a bankruptcy. Tax debt is the most tricky debt to deal with in bankruptcy because there are so many rules in place that must be followed in order to determine whether tax debt can be discharged in a chapter 7 bankruptcy.

Are you on the hunt for an experienced bankruptcy law firm in Mankato, Minnesota, but think you have a better chance of finding Bigfoot than a bankruptcy law firm that erases your debt and repairs your credit?

I know, it’s hard to know who to trust in a field full of companies peddling debt solution services and lawyers offering bankruptcies. When you start to research who to hire it is easy to get confused and overwhelmed. However, what if I told you there are about 5 criteria you should always consider when hiring a Bankruptcy Lawyer? It’s true, choosing a bankruptcy lawyer to hire in Minnesota is easy as looking at 5 criteria.

Are you sweating your unpaid debt? Are creditors turning up the heat and you need a fast and easy way to freeze your debt for good? As St Paul’s summer heat reaches its prime and the sweltering temperatures of August set in, there are tips to “beat the heat” everywhere you turn. From dips in the local pool to shaved ice binges, there are countless ways for Minnesota residents to cool off once the heat index rises.

Let’s be clear, there are numerous causes of bankruptcy. Many times, there is no single reason that pushes someone to push the reset button on their life. We have been practicing bankruptcy law in Minnesota since 1972, we have seen a thing or two about what causes people to need to push the reset button and get their lives back.

At Kain & Scott our MN Bankruptcy Lawyers process is all about you. We want to help you in two amazing ways: get rid of your debt and help you repair your credit after bankruptcy. Our process is entirely focused on treating you the way you deserve to be treated.

Many people continue to struggle for years with overwhelming debt because of the negative stigma surrounding Bankruptcy. At Kain & Scott our MN Bankruptcy Lawyers speak with clients every day that have one regret - they wish they would have filed sooner!

There is no secret about this, many Minnesotans suffer from overwhelming debt. It can happen to any of us at anytime for any reason. Life is humbling. When debt falls upon you, you stress out about paying it back and the fact that often you have no way of paying it back.

However, at Kain & Scott, when our guests start to think about whether bankruptcy makes sense for them or not, they don’t always worry about the act of filing or hiring a MN Bankruptcy Attorney, although that is a concern too. What they worry about more than anything, is how a bankruptcy will impact their credit long term.

If you’re grappling with your finances and trying to stay afloat, it’s quite possible you have fallen behind on your utility bills. Well, if you have, you’re certainly not alone. When you’re living paycheck to paycheck, it’s tough deciding which bills you pay and which ones you don’t. Often times you take turns paying your debts. If you’ve fallen behind on utilities, don’t worry. When you file for bankruptcy we can make sure you’re protected from the past due amounts that are owed. After the bankruptcy, there may be a few things you have to do to keep your services, but we’ll talk about that too. The main thing I want you to know is, it’s all going to be ok. No matter what you’re faced with, we can help you manage the obstacles in front of you. Take a look at the scenario below and then read about how the MN Bankruptcy Attorneys at Kain & Scott helped Tony with his situation.