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How Predatory Lending Can Force You to File for Bankruptcy in Owatonna, MN

When it comes to navigating loans, it can take a frustrating amount of information and savvy to negotiate the process from start to finish. Whether you need support to buy a car, pay medical bills, finance your business, or for any other purpose, finding the right lender is the most important step. Unfortunately, there are lenders out there who take advantage of their ability to loan money. They ruthlessly drive borrowers out of income, compromise property ownership, and even force debtors to file for bankruptcy.

Predatory lenders are a continuing problem in the U.S., but there are those out there who want to hold these vicious creditors accountable. Behm Law Group, Ltd. is dedicated to providing counsel to those considering filing for bankruptcy in Owatonna, MN, and protection from predatory lenders.

As a graduate of Max Gardner’s Bankruptcy Boot Camp, Stephen Behm is committed to fighting predatory lenders and holding them accountable in defense of his clients. If you’re facing an aggressive creditor practicing the following common predatory practices, Behm Law Group, Ltd. can help protect you throughout your bankruptcy case.

 

Predatory Lender Practices

  1. Misrepresentation: Limited disclosure (or even false disclosure) of the terms of a loan including costs, time frames, risks, and any other fine print obligations is an immediate red flag of predatory lending.
  2. Inflation: Increasing the cost of loan documents, closing charges, and preparation fees is also a frequent practice of disreputable lenders. Adding in the cost of additional components like credit insurance can also mark an untrustworthy lender.
  3. Refinancing: Lenders that offer refinance loans based on home equity or offer refinancing on existing loans often push debtors to borrow more than they can pay off and impose higher interest rates and hidden fees. Additionally, refinanced mortgages from predatory lenders commonly impose balloon payments that are lower at first and quickly rise.
  4. Neighborhood targeting: Predatory lenders often target low-income neighborhoods, offering loans with higher interest rates for every debtor without regard to those individual debtors’ credit history, income, or otherwise ability to meet payments.

All these practices, including several other victimizing actions a creditor may impose on a debtor, characterize a predatory lender. Debtors that have fallen into the trap of a predatory loan can quickly find themselves in over their heads with financial difficulties. These practices contribute to a large number of bankruptcy cases in the U.S., most of which are filed under Chapter 7. If you’re struggling with the effects of predatory lending and are unable to meet monthly debt payments, filing for bankruptcy might be the right choice for you.

If you choose to work with Behm Law Group, Ltd. to file your bankruptcy case and halt creditor action, you can trust our attorneys to fight predatory lenders. Contact us today at (507) 387-7200 to learn more about filing for bankruptcy in Owatonna, MN.

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Debt Domestication and How Foreign Debts Resolve During Bankruptcy in Pipestone, MN

Debt laws vary from country to country, and within the U.S., those laws even vary from state to state. The legal minutia around the debts you owe can quickly become complicated even within Minnesota regulations, but when out-of-state debts and foreign debts are introduced, those difficulties can increase ten-fold.

 

These complications may never become a problem for the debtor if they continue to make regular payments month to month, but if the debtor misses payments or chooses to file for bankruptcy, it can be extremely difficult to wade through those legal waters without professional help. If you’re considering filing for bankruptcy in Pipestone, MN, and you have foreign debt in addition to your U.S. debts, Behm Law Group, Ltd. can protect you from creditor action and guide you through the process.

 

If you hold foreign debt, it can be discharged in your bankruptcy case. However, that debt is only officially discharged if your foreign creditors domesticate and enforce that debt.

 

Enforcing Foreign Debt

 

When you move from another country, your creditors in the original country cannot pursue collection actions unless they domesticate that debt, or you return to that country. This rule applies to bankruptcy as well, which means that if you want to discharge a foreign debt, your creditors must domesticate that debt or drop the debt completely. It may be easier to convince your creditor to domesticate a debt if they’ll gain some reimbursement from asset liquidation or a repayment plan.

 

Domesticated in Bankruptcy

If your foreign debt is domesticated, it will be handled in bankruptcy depending on the type of chapter you file. If you file for Chapter 7 bankruptcy, your non-exempt assets with value in excess of your allowable bankruptcy exemptions are liquidated and your debts are discharged. Complications with foreign debts arise if the country you owe debt in has differing bankruptcy laws. In most cases, these issues are related to the portioning amount of the values from liquidated assets, but this is an issue the courts will resolve for you.

 

When you file for Chapter 13 bankruptcy, similar issues arise with your foreign creditors in the repayment plan structure. Chapter 13 works to restructure your debts into a manageable repayment plan where you repay priority and secured debts in full and all other debts in predetermined portions from 0%-100%. If your foreign debts are unsecured, the courts may have issues deciding how much you’ll repay those creditors when their country’s legal system dictates higher or lower repayments.

 

Your foreign debts can be resolved in your case, but it’s important to understand how they’re enforced and what complications may arise in bankruptcy. To learn more about filing for bankruptcy in Pipestone, MN, or to get started on your case, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Debt Securing and Its Role When You File for Bankruptcy in Marshall, MN

In this fast-paced world, it’s almost impossible to go through life without incurring debt. From mortgages to car loans and credit card debt, many areas of a consumer’s financial life involve borrowing. While it’s obvious that borrowers directly gain from loans, it can be difficult to understand how lenders benefit outside of the amount they gather from interest. Understanding the full lending process is an important part of financial management, including knowing when you should file for bankruptcy because of those loans. With the help of Behm Law Group, Ltd., you can determine if, when, and how you should file for bankruptcy in Marshall, MN.

While the primary reason lenders supply loans to consumers is the percentage of interest gained in the period it takes those borrowers to repay them, they can also benefit from holding secured collateral on a debt. This collateral usually manifests as some item of property that acts as security for the lender and provides the lender the opportunity to offer better rates and sign with more customers. If you enter into an agreement with a lender on a loan with secured collateral, you have incurred a secured debt.

Secured debts always involve properties that act as security or collateral. Common secured debts include mortgages, car loans, and loans for work equipment, appliances, or luxury items. Lenders generally secure debt with the implementation of a lien, either voluntary or involuntary.

 

Voluntary: This is the most common form of a lien lenders will place on a secured loan. Often these liens are written into the initial contract you sign to close the agreement and allows secured creditors such as mortgage providers to foreclose on your home if you can’t make monthly home payments. Voluntary liens can also be imposed on personal properties such as tools, work equipment, furniture, and inventory.

 

Involuntary: Lenders can also impose involuntary liens as security interest by going through the court system. These options take forms similar to lawsuits and are usually put into place as judgment liens, but occasionally can include income tax liens, mechanic’s liens, and landlord’s liens.

 

Liens, either voluntary or involuntary, work to protect a creditor’s right to repayment. In the event a debtor defaults, the creditor can repossess the secured property, foreclose a home, or file court action. If a debtor chooses to file for bankruptcy, a secured creditor is protected and most likely guaranteed some repayment in the process.  At a minimum, the secured creditor would receive the collateral securing its lien which the creditor would auction off and use the sale proceeds to pay off some of the underlying debt.

If you’re struggling to meet debt payments on any of your debts, secured or otherwise, contact Behm Law Group, Ltd. today at (507) 387-7200 to learn more about filing for bankruptcy in Marshall, MN.

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Benefiting from Bankruptcy in Windom, MN, and Recovering Your Credit After Filing

Bankruptcy in the U.S. is a system designed to pull individuals and businesses out of severe debt while resolving those debts with creditors as best as possible. In this way bankruptcy is a highly effective process for recovering from severely crippling debt and getting a fresh start financially. However, filing for bankruptcy does have its side effects despite the many advantages it provides. If you’re considering filing for bankruptcy in Windom, MN, Behm Law Group, Ltd. can help you prepare a strong case, successfully petition for Chapter 7 or Chapter 13 bankruptcy, and fully understand the results that bankruptcy brings.

 

When you choose to partner with Behm Law Group, Ltd. for your bankruptcy case, you’re choosing highly-skilled, experienced professionals who understand your need for guidance and counsel before, during, and after you file. While bankruptcy offers a viable way to work through financial difficulties, there are some negative consequences as well, and we want our clients to be aware of all the effects a bankruptcy filing can have.

 

The primary problem those who file for bankruptcy face after their case is completed is the effect it has on their credit. There’s often a certain amount of damage to your credit when you file, and although you emerge from bankruptcy relieved from debt, it may take a while to rebuild your credit.

 

Recovering your credit after you file may seem like a daunting task, but the truth is it’s entirely possible for everyone who files for bankruptcy to fix their score over time. With the advice of our attorneys you can regain control over your credit and finances even after we work with you through a bankruptcy. Rebuilding your credit simply takes time and responsible practices including:

  1. Make all your payments on time and keep clear communication with your creditors if you’re unable to meet a payment. Most lenders are understanding of extenuating circumstances and are willing to make exceptions.
  2. Keep your accounts open despite the impulse to close them all at once. Instead, work on slowly closing the accounts you no longer want over an extended period of time.
  3. Check your credit often and keep an eye out for errors you may be able to dispute.
  4. Create and follow a budget with a savings plan integrated into your monthly income and spending patterns. Our attorneys can help you build a post- bankruptcy budget that’s effective, reasonable, and long-term.
  5. Hang on to all of your bankruptcy paperwork and keep it filed in an organized, logical place. You may need this paperwork down the road for loans or mortgage applications.

 

Above all, it’s important to remind yourself that your credit will improve over time. To learn more about filing for bankruptcy in Windom, MN, and what to do after you file, contact Behm Law Group, Ltd. at (507) 387-7200 today.