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Health Risks of Financial Stress and How Filing for Bankruptcy in Fairmont, MN Could Save Your Life

In today’s world, we face a huge amount of daily stress. From taking care of family and friends to work responsibilities and more, we all have many roles to fill. With all the pressures of the average American adult, it can seem almost impossible to cram another burden on top of all the others. However, it’s common that most are also dealing with a wide range of financial difficulties. Ridding yourself of this unnecessary stress is a real possibility. With the help of Behm Law Group, Ltd. attorneys you can successfully file for bankruptcy in Fairmont, MN, and get the stress-free fresh start you need.

Debt is one of the heaviest loads we bear. It weighs heavily on our daily activities and also impacts our mental and emotional state. Any individual can struggle with the stress that debts bear on quality of life and happiness, whether they’re responsible for a large household or just themselves.

 

The stress we experience each day has more negative health effects, both mental and physical, than many realize. Chronic stress is a real causative factor in increasing a range of health risks including heart conditions, anxiety, depression, gastrointestinal problems, weight fluctuations, diabetes, psoriasis, eating disorders, insomnia, and even cancer. Substance abuse is another common problem often caused in part by chronic stress, which leads to a wide range of additional health problems.

 

If you’re dealing with the stress of severe financial difficulties or have had difficulty in keeping up with debt payments for several months, bankruptcy might be the answer to rid yourself of debt and stress.

 

If your income is lower than the state median, you can choose to file for Chapter 7 bankruptcy. This process works to liquidate your non-exempt assets, distributing the sale value to your creditors. In return, your debts are discharged, lifting the stress of that burden.  In most cases, no assets are sold/liquidated and the only things “lost” through the procedure are one’s debts.

 

Even if your income is a little higher than the state median, you can still choose to file for Chapter 13 bankruptcy. This allows you to restructure your debts into a 3 to 5-year repayment plan that suits your current income. In this process your debts will also be discharged and you will only be required to pay back a portion.

 

Considering the severity of stress that financial difficulties can cause, using bankruptcy as a way out might save you from damaging health issues. With the help of Behm Law Group, Ltd., you can find out which type of bankruptcy is right for you and file a successful bankruptcy petition. For more information about filing for bankruptcy in Fairmont, MN, contact us at (507) 387-7200 today.

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How Discharge Plays a Part When You File for Bankruptcy in Mankato, MN, More than Once

The purpose of the U.S. bankruptcy system is to relieve individuals and businesses from debts and protect creditors from severe losses. In a nutshell, this process is built to be balanced and fair for all parties involved. This also means that the nature of the bankruptcy system prevents filers or creditors from abusing the benefits that are offered through court regulations. Behm Law Group, Ltd. offers the legal advice and assistance you need to get the most out of filing for bankruptcy in Mankato, MN, while sticking to the nuanced rules and requirements of the court.

 

One of the sticking points for the bankruptcy court is when filers appear to be taking advantage of the system with multiple filings. It’s not unacceptable to file for bankruptcy more than once in your life, but when, why, and how you file multiple bankruptcy petitions depends on certain timelines and the failure to abide by those timelines can affect the outcome of your case.

 

To file a successful case and be eligible for a bankruptcy discharge, it’s important to understand the timeframe stipulations for each type of bankruptcy:

  1. Chapter 7 cases have to be filed eight years apart for one to be eligible for a discharge. This period starts on the date you file your most recent bankruptcy petition. For instance, if you filed for chapter 7 bankruptcy relief on January 2, 2011, you would need to wait until January 3, 2019 to file chapter 7 bankruptcy in order to qualify for another chapter 7 bankruptcy discharge.
  2. Chapter 13 cases can be filed much sooner. The period required to pass before you can re-file for Chapter 13 bankruptcy is only two years from the date you file your most recent petition. This means that you could potentially stay within a debt-restructuring bankruptcy plan interminably. Chapter 13 bankruptcy cases must last at least 3 years (they can last up to 5 years,) so you could file a chapter 13 bankruptcy case, get a discharge in 3 years and then file chapter 13 right away again.  For instance, if you filed for chapter 13 bankruptcy on January 2, 2015, your case would have concluded in January 2018 but you would have qualified to file for chapter 13 bankruptcy relief again as of January 3, 2017.

 

Because you can file for either Chapter 7 or Chapter 13 bankruptcy, you may experience multiple filings of each type. In these cases, the timeframes depend on which case came first:

  1. If you file for Chapter 7 first, you will face a waiting time of four years before you can file for Chapter 13, starting with your Chapter 7 petition date. For instance, if you filed for chapter 7 bankruptcy on January 2, 2015 and received a chapter 7 discharge, you would not be able to file a chapter 13 bankruptcy and qualify for a chapter 13 discharge until January 3, 2019.
  2. If you file for Chapter 13 first, you will generally have a waiting time of six years before you can file for Chapter 7 and qualify for a chapter 7 discharge. However, if you’ve fully repaid your unsecured creditors during your Chapter 13 repayment period, you may be able shorten the waiting time with permission from the court. You can also file within a shorter period if your chapter 13 case was in filed good faith, you represented your best effort in the payment plan, and you paid at least 70% of allowed unsecured claims.

 

If you’re considering filing for bankruptcy, we can help whether it’s your first time or not. Contact Behm Law Group, Ltd. at (507) 387-7200 for more information about our counsel and support for bankruptcy in Mankato, MN.

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Why a Discharge Can be Objected When You File for Bankruptcy in St. Peter, MN

Chapter 7 bankruptcy is the most common type of bankruptcy that both individuals and businesses file for. The process of debt discharge in Chapter 7 can become complicated even in cases that seem straightforward. Having an experienced professional at your side during the bankruptcy preparation process is a critical part of filing a successful case. Behm Law Group, Ltd. provides expert counsel when you choose to file for bankruptcy in St. Peter, MN.

When you file for Chapter 7, your bankruptcy estate is put through the organizational procedures of determining what exemptions you can claim and what assets can be effectively liquidated.

Generally, debts listed for discharge in the Chapter 7 process are left uncontested, but there are times when creditors or even your trustee may file a complaint objecting to the discharge of one or more of your debts. Trustees will most likely only object to a discharge if you have provided false information, transferred property in order to hide it, lied under oath, or exhibited other fraudulent behavior. With the help of a Behm attorney and as long as you are completely honest and forthright about listing all of your property and all of your creditors, there is much less risk of this happening.

However, creditors may choose to object the discharge of a specific (dischargeable) debt if they believe they are being treated unfairly or if they believe that you engaged in some sort of fraudulent behavior when you incurred the debt. There are a wide range of reasons a creditor may have grounds for objecting to the discharge of one of your debts. These commonly include:

  1. You made charges over $675 on a credit card in the 90 days prior to the filing of your bankruptcy case.
  2. You made a cash advance on a credit card over $950 in the 70 days prior to the filing of your bankruptcy case.
  3. You secured a loan with false information in your loan application or financial statement.
  4. You filed a tax return with incorrect information.
  5. Your debts were directly caused by malice or intentional misconduct that led to property damage.
  6. Your debts were directly caused by your harm to others while you operated a vehicle while intoxicated.
  7. Your income tax debt was due during the past three years.
  8. Your income tax debt is from a year you did not file your tax return on time.

There are several other rare cases that provide grounds for objection to discharge, including complicated processes related to income tax debts. Because of the intricately-nuanced regulations in debt discharge and plausible objections, building a case with the help of a Behm attorney is a great benefit to those filing for Chapter 7 bankruptcy.

To learn about which type of bankruptcy would be the most suited to your financial situation and to find out more about how our attorneys can help you file for bankruptcy in St. Peter, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Facing the Bankruptcy Appellate Panel With the Help of a Bankruptcy Attorney in Jackson, MN

For many people, the prospect of facing legal issues in any type of court is a daunting one. Because most legal actions can affect your life for the long-term, it’s natural to be apprehensive about going through any court proceeding. The process of bankruptcy is no exception, but with the help of a reliable legal professional, you can be protected and guided from start to finish. Behm Law Group, Ltd. provides support and assistance with the preparation of your petition, the accurate recording of your financial information, protection from creditors, case structuring, and help navigating the bankruptcy process every step of the way. Before you launch into this complicated process, take full advantage of the help of a Behm bankruptcy attorney in Jackson, MN.

When you file a bankruptcy case, it gets filed in the U.S. Bankruptcy Court in your location. In Minnesota, there is only one District for the bankruptcy court – the District of Minnesota.  However, there are several Minnesota bankruptcy court divisions, including St. Paul, Minneapolis, Duluth, and Fergus Falls.  Whether you choose to file for liquidation bankruptcy – chapter 7 – or debt reorganization bankruptcy – chapter 13 – and whether you’re filing on behalf of your business or as an individual consumer, your bankruptcy case will be processed through one of these divisions, depending on where you reside in the state.  The filing of a bankruptcy case is a federal legal proceeding, as opposed a legal proceeding brought under Minnesota state law.  The Bankruptcy Court is a specialized federal court that was specifically created by Congress to process bankruptcy cases.  It was the sense of Congress that bankruptcy matters were so specialized, detail oriented and nuanced that a highly specialized court system was needed to process them.

With the guidance of a Behm attorney, our clients are able to successfully file a bankruptcy petition that provides them a fresh financial start, freedom from creditor harassment, and relief from crushing debt.

Occasionally, however, a case must be appealed after the court makes a decision that doesn’t rest well with either the filer or the creditors involved. If this occurs, your bankruptcy case will be taken to the Bankruptcy Appellate Panel (BAP). This is a panel of three bankruptcy judges that reviews the initial decision of the bankruptcy court. Minnesota is located in the Eighth Circuit Court of Appeals, and bankruptcy appeals would be processed through the Thomas F. Eagleton Courthouse in St. Louis, MO.

The process of resolving bankruptcy appeals is an undertaking that’s complicated and nuanced to an exacting degree. How these cases are handled depends on the financial past of both filer and creditors, the arguments of the parties involved, and a wide variety of other current circumstances. For those who have little to no experience with bankruptcy law, self-representation is a dangerous choice especially if a case is put to the test of the BAP.

Don’t put yourself at risk if you’re considering filing for bankruptcy. Instead, schedule a consultation with Behm Law Group, Ltd. Even if your case isn’t sent to the BAP, the guidance of an experienced attorney is a critical benefit during this trying time. For more information about our work as bankruptcy attorneys in Jackson, MN, contact us at (507) 387-7200 today.

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How Case Issues are Handled in Court When Filing for Bankruptcy in New Ulm, MN

Individual consumers and businesses that are unable to meet monthly payments on loans and other debts for several months have few options for relief and recovery from these financial struggles. For many, debt relief outside of legal action doesn’t solve financial problems or reverse unwise decisions long-term. If you’re finding it impossible to make payments on your debts, filing for bankruptcy might be your best option.  Behm Law Group, Ltd. offers the professional legal advice you need to navigate complicated courts systems and the process of filing for bankruptcy in New Ulm, MN.

 

A critical responsibility of bankruptcy attorneys is to hold a deep knowledge of the legal intricacies of bankruptcy and an astute understanding of how the bankruptcy court works. Because Behm attorneys are trained and experienced in bankruptcy law, we can provide our clients insight into the court system and guidance when petitioning for bankruptcy.

 

The Bankruptcy Court

 

The bankruptcy court is a federal court, but it operates separately from other federal courts such as district courts or administrative law courts. This means that, while bankruptcy law is a federal concern, there are various aspects of state law that come into question when a bankruptcy case is filed. These “state vs federal” regulations in bankruptcy vary from state to state, but the majority concern the core issues of a case.

 

Core Issues when Filing for Bankruptcy

When you file for bankruptcy, you can choose from two primary ways the court system has established for handling your debts. You can file for liquidation (commonly Chapter 7 bankruptcy for both individuals and businesses), or debt reorganization (Chapter 13 bankruptcy for individuals and a mixed bag of Chapters 11, 12, and 13 for businesses, farmers and fishing businesses). The core issues involved in all types of bankruptcy cases include the major factors that determine the outcome of your case including income, debt value, property value, exemption amounts, types of debts, reorganization plans, creditors, and any other circumstances that directly affect your bankruptcy case.

 

Federal vs. State

 

For most of these core issues, federal law determines how your case is handled depending on which type of bankruptcy you choose. However, a few issues are resolved differently by the state, most notably exemptions. Additionally, non-bankruptcy issues that indirectly affect a bankruptcy case can be resolved by a district judge if the parties involved don’t accept the initial decision of the bankruptcy judge on the matter.

 

If you’re wondering whether filing for bankruptcy is right for you, a consultation with Behm Law Group, Ltd. Behm Law Group, Ltd. can help you make the best decision for your financial situation. Our attorneys can guide you through the process of filing for bankruptcy in New Ulm, MN and provide our knowledge of the inner workings of bankruptcy court. For more information about filing for bankruptcy and the counsel we offer, contact us at (507) 387-7200 today.

 

 

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Handling Debt Sale When Filing for Bankruptcy in Worthington, MN

When an individual or business fails to meet debt obligations without excuse, they may start to experience more aggressive collection actions from creditors. If you have been struggling to make your debt payments for several months, filing for bankruptcy might be the best option to end creditor harassment and get a fresh financial start. Behm Law Group, Ltd. provides the legal support you need when filing for bankruptcy in Worthington, MN and get optimal results in your case.

 

Generally speaking, when  filing for bankruptcy you’re immediately protected by the automatic stay for the period of time it takes to resolve your case. This means the creditors of the debts that will be handled in your case can’t perform any collection actions. However, things can get complicated when one of your creditors sells one of your debts while you’re filing for bankruptcy or in bankruptcy.

 

A creditor may choose to sell a debt to another creditor at any time, even while you’re in the middle of a bankruptcy case. A creditor might choose to sell the debt if they don’t want to wait for your bankruptcy case to be completed to see if it will get paid anything by the trustee administering your case. By selling your debt, they will receive a small immediate sum, and the buyer of the debt will stand in the place of the original creditor.

 

How does this affect filing for bankruptcy?

 

In most cases, the sale of a debt doesn’t affect your bankruptcy case. Whether you owe a debt to the original creditor or to a debt buyer, you still owe the same amount for that debt. From your perspective, it will be handled in bankruptcy as if there was never a sale. However, the original creditor or the debt buyer must notify the bankruptcy court of the sale so that the party in charge of the debt can receive payments in the event that you file for a Chapter 13 bankruptcy and are scheduled for a three to five-year repayment plan.

 

A debt sale may affect you if the debt in question is discharged or scheduled to be discharged. Because the selling of a debt included in a bankruptcy is an act that is in violation of either the automatic stay injunctive provisions of 11 U.S.C. §362 or the discharge injunctive provisions of 11 U.S.C. §524, you may need to take action if this occurs. For example, presume you have filed for Chapter 7 bankruptcy and your credit card debt was discharged in the process. Presume further that, soon after, you’re contacted by a creditor who claims they bought one of your debts and is attempting to collect payments. In this case, you should provide the creditor with a copy of the Notice of Bankruptcy Filing that was issued by the bankruptcy court when your case was commenced.  If your bankruptcy case has been concluded, you should provide the creditor with a copy of the Discharge Order that the court issued.  If the creditor continues to harass you and continues collection activities, you may be forced to contact your bankruptcy lawyer and sue the creditor in bankruptcy court.

 

The sale of a debt will often not concern you as a filer and is simply business between creditors. To learn more about this process and to receive legal support when filing for bankruptcy in Worthington, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

 

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Understanding Assignment and Bankruptcy in Mankato, MN

Businesses struggling with unmanageable debts have a range of options for debt relief at their hands. While debt consolidation and debt management plans are popular options that’ll keep a debtor’s overall credit in good standings, there are often situations when these debt relief options only act a bandage instead of a true healing process. When you’re unable to pay your debts and don’t have any way of increasing your income in the next few years, filing for bankruptcy is your best option. Behm Law Group, Ltd. offers the legal advice and assistance you need to successfully file for bankruptcy in Mankato, MN.

 

Bankruptcy is designed to help both debtors and creditors out of a sticky situation, but some creditors may try to dissuade you from filing for Chapter 7 bankruptcy and instead liquidate your business outside of court with an assignment process.

 

ABC

 

Assignment for the benefit of creditors (ABC) is an option for business debtors to privately sell assets and return the value of those sales to creditors. When creditors are awarded these sales, they’ll release debtors from payment obligations. This option might be a way to avoid attorney fees and court proceedings, but the process overall is more beneficial to your creditors than to you.

 

Why is Bankruptcy Better?

 

Filing for bankruptcy, despite its effect on your credit, is a better option for business debtors than ABC for a number of reasons:

  1. In bankruptcy, creditors are forced to allow asset liquidation for all dischargeable debts, but in an ABC, they can choose to forgo approval of discharge on debts higher than the secured collateral value. For example, if you owe $5,000 on an auto loan, but the car is only worth $4,500, the creditor would not have to discharge the debt in an ABC.
  2. Unincorporated businesses are not protected during an ABC against creditors seizing the business owners’ personal assets. This means you could be forced to liquidate your personal car or other property in an ABC. In bankruptcy, however, the debts and the assets of incorporated and unincorporated businesses are generally not involved with the liquidation of one’s personal property.
  3. Personal collateral guarantees and other forms of personal security interests on business debts are not removed in an ABC as they would be in bankruptcy. This means if your property was used to secure a loan, creditors can force you to liquidate that property even if it’s not connected to your business in other ways. Bankruptcy allows for exemptions to prevent you from losing your property even if it’s tied to your business debt.

 

ABCs have their benefits, but most of those benefits inure to your creditors. Filing a bankruptcy is the most effective way to remove debt with minimized liability to you and your property. To learn more about the advantages of filing for bankruptcy in Mankato, MN and to find out how we can help, contact Behm Law Group, Ltd. at (507) 387-7200 today.