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Building Business Up Again after Filing for Chapter 7 Bankruptcy in New Ulm, MN

Businesses may thrive or fail for a wide range of reasons in a nuanced and ever-changing economy. If you are struggling with a failing business, you should never feel shame in seeking debt relief. Instead, understand that you are taking assertive action to protect yourself, any other parties involved, and even your business itself in some cases. One common and highly effective debt relief option available to all kinds of businesses is bankruptcy. With the guidance and counsel of Behm Law Group Ltd., filing for Chapter 7 bankruptcy in New Ulm, MN, can be a positive, long-term solution for your finances.

 

While it’s true that the majority of Chapter 7 business bankruptcy cases end with the closing of the company, there are some businesses that can maintain their functioning after filing.

 

Businesses that stay open after liquidation include those that:

  1. Do not themselves own the assets needed for business operations (i.e. the assets are actually owned and have always been owed by the individuals who own and operate the business); and
  2. The total value of assets owned by the business is less than the total amount of debt owed by the business, particularly debts owed to creditors who have security interests in and to the business assets.

 

In the case that you can keep your business open after Chapter 7 bankruptcy, however, it may become increasingly difficult to maintain production/services and revenue. For those who would be unable to continue operating their business even while meeting the above condition, and for the remaining majority of business owners whose businesses close after liquidation, don’t despair. There is still hope you may be able to reopen your business in the future or start a new business successfully.

 

Starting Afresh

While it may be difficult, starting a new business after filing for Chapter 7 bankruptcy is entirely possible. Being fully prepared for the obstacles you might face is the best course of action if your end goal is a long-term business operation.

 

  1. You may have challenges getting loans and business credentials in general. It is hard but not impossible to gain business credit after a business you have already been affiliated with has filed for bankruptcy relief.
  2. The best way to improve your chances of gaining business credit is to create a detailed, strong business plan with both short- and long-term structure.
  3. Another way to improve your chances of a successful business is to partner with someone who has good credit and is ready to support you in the face of lenders.
  4. Finding investors with reputable backgrounds (friends and family included) to support your business in the beginning stages is often an effective way to navigate through and around the credit structure system.
  5. Many local banks and credit unions provide financing programs for those individuals and businesses who have worked through a bankruptcy case in their community. Finding organizations that are willing to support your endeavors with goodwill is also a viable option.
  6. Depending on the nature of your business and your community, you can also find a wide range of grants, financing, and crowd-sourced funding that are provided to many starting business owners.

 

If you are hesitating to file for Chapter 7 bankruptcy in New Ulm, MN, because of a concern for business closure or other difficulties beyond, contact Behm Law Group Ltd. at (507) 387-7200 to learn more. There is life after bankruptcy, both for the individual and the business!

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How Businesses Filing Bankruptcy in Fairmont, MN, Affect Local Creditors

Our economy is a complex system that affects even simple business formats. Businesses of all shapes and sizes can thrive or fail depending on a wide variety of economic circumstances. When economic factors cause financial changes to a business, they have consequences for everyone involved, including owners, investors, customers, and employees. Failing businesses often have the greatest consequences to all parties involved in them, in addition to consequences to the economy as a whole. If you find yourself affected by a business filing bankruptcy in Fairmont, MN, Behm Law Group Ltd. offers guidance and counsel for those filing for Chapter 7, Chapter 13, and Chapter 12 cases.

 

If you are considering filing for a business bankruptcy, Behm attorneys can represent and support you throughout the case. However, we believe it’s important for all involved to understand how the prospect of a business bankruptcy will affect them. One recent example of how a business bankruptcy negatively affected parties involved more dramatically than the typical bankruptcy is the case of Colleen’s Consignment Stores in Las Vegas, NV.

 

In this case, the owner of the business may have created more detriment to creditors than would have been necessary. As small furniture consignment shop, Colleen’s Consignment Stores bought used furniture for resale. The company did not pay for the furniture bought from sellers within the weeks leading up to the company’s bankruptcy filing, and so those sellers became involved in the case as creditors.

 

The nature of this case caused much backlash from those who were involved unexpectedly as creditors and for the employees of the company who were given no warning of the bankruptcy. Some creditors were unaware of the bankruptcy until they were called to the required meeting of the creditors. Many were unsettled by the fact that their goods may be sold during the liquidation process and many were upset about the fact that the company bought furniture while potentially considering filing for bankruptcy.

 

In a nutshell, the effects of this bankruptcy case on the creditors were the following:

 

  1. An automatic stay was placed on their ability to collect payment for their furniture.
  2. They had to submit a proof of claim to retain any chance of receiving payment for their goods.
  3. Their goods would likely be sold in the liquidation process and they would not receive payment.
  4. They had to attend a meeting of creditors and sacrifice additional business and personal time throughout the case resolution.

 

Overall, this bankruptcy case had a less-than-favorable outcome for many creditors and employees involved with the consignment shop. However, this is an exception to the many bankruptcy cases that provide positive results for all parties involved. Bankruptcy is often an effective way to resolve debts for the filer and to provide some form of recompense for the creditors.

 

With the help of Behm Law Group, you can file a bankruptcy case that will steer away from issues such as those in the consignment store case and offer better results for all involved. To learn more about filing bankruptcy in Fairmont, MN, contact us today at (507) 387-7200.

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U.S. Bankruptcy Code in Redwood Falls, MN, and the Chandler Act of 1938

Since the establishment of the United States as an independent country, the laws of debt, lending, and bankruptcy have evolved into what they are today. With factors like social and cultural gravity, economic structures, population size and demographics, political leanings, and even religious ideologies, all of our country’s laws, including the bankruptcy code, have fluctuated and developed accordingly. When it comes to bankruptcy law, there have been several acts in the 20th century alone that led our courts to create what is the current bankruptcy code. If you’re considering filing for business or individual bankruptcy, Behm Law Group, Ltd. can provide legal assistance and guidance with today’s laws and bankruptcy code in Redwood Falls, MN.

 

Of the many significant changes to bankruptcy law made throughout the 20th century is the Chandler Act, also referred to as the Bankruptcy Act of 1938. In 1938, the U.S. was still struggling with many of the severe economic damages of the Great Depression. It was during this time that business failings and destitute homes were more prevalent than they had ever been before, and to this day are unmatched. Because of this economic strife, our country was seeing more and more cases of financial downfall that could have been prevented and/or remedied with government-sanctioned bankruptcy. Thus, in 1938 the Chandler Act was initiated.

 

Modern U.S. Bankruptcy Code and The Chandler Act

The basis of the Chandler Act reaches back to the Bankruptcy Act of 1898, which established the primary format of allowing debtors to file bankruptcy and receive protection from creditors. This 1898 law was the first of many groundbreaking bankruptcy-related acts of Congress. As an amendment to the 1898 act, the Chandler Act established a system that allowed voluntary bankruptcy filings for businesses and individuals alike.

 

Additionally, it was a foundational act for the role of bankruptcy trustees. By eliminating the participation of banks in the filing process, and instead assigning an objective trustee to oversee the case, the Chandler Act was one of the first to create a more accessible, fair bankruptcy option. With a trustee taking on the liquidation and reorganization tasks rather than an investment bank, many antiquated and potentially corruptible processes were dissolved.

 

Although the Bankruptcy Reform Act of 1978 and the BAPCA of 2005 largely overhauled the bankruptcy laws of the past, the Chandler Act of 1938 will always be a milestone for our court system that marks a moment in history when we strove to move forward and continue to make our system of government one that is balanced and effective for U.S. citizens and businesses alike.

 

To learn more about how the current bankruptcy code in Redwood Falls, MN will structure the outcome of your case and how you can successfully navigate the waters of the bankruptcy court, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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The Basic History and Purpose of Bankruptcy Law, and Why You Need a Bankruptcy Attorney in Mankato, MN

 

The concept of bankruptcy as a form of debt relief has been incorporated into governments across the world for centuries. These past formats of bankruptcy law have each altered the way we view debt and come together to form the way the U.S. Bankruptcy Court outlines and administers a bankruptcy case today. Though the United States is a young country relative to most of the world, the system of bankruptcy in the U.S. has seen a rapid succession of changes within the last 200 years.

 

Today, bankruptcy is designed to pull debtors out of crippling debt and help them recover in the long-term from financial difficulties. If you’re struggling to make monthly debt payments, filing for bankruptcy and working with a bankruptcy attorney might be the right choice. With the help of a Behm Law Group, Ltd. bankruptcy attorney in Mankato, MN, you can navigate the bankruptcy process and file a successful case.

 

Bankruptcy may seem like a bailout system that’s too good to be true for debtors. “A way to get rid of most of your debts for good, and the government says it’s OK?” If you’re considering bankruptcy, you might be wondering: what’s the catch? The fact is that bankruptcy is not as black and white as it’s often painted to be. There are advantages and disadvantages to both the debtor and creditor involved. Despite the fact that there are insular ups and downs affecting the debtor and creditors, some may question why the government has created opportunities for debt relief at all.

 

Why does it exist?

In a nutshell, bankruptcy exists to help the national, state, and municipal economy. A healthy economy relies on consumers to buy products just as much as it relies on commercial enterprises to source and sell those goods. If individual debtors are unable to pay their debts, they are equally unable to contribute to the economy as consumers. Likewise, businesses who are struggling to cover their debts have a rapidly-lessening ability to produce and sell goods. Bankruptcy exists superficially, in the best way possible, to protect debtors and give them the relief they need, and fundamentally to support a growing, healthy economy.

 

Why do I need a bankruptcy attorney?

While it’s true that individuals and businesses can work through a bankruptcy case on their own, it’s also undeniable that bankruptcy law is incredibly nuanced and poses difficult tasks and questions at every stage. The experienced counsel of a bankruptcy attorney is critical to reaching a successful outcome in the majority of cases largely because each case is so unique. A bankruptcy attorney can provide protection, guidance, and expert assistance in any bankruptcy case.

 

If you’re finding hardship in debt and finances, bankruptcy may be the right path to take. To learn more about filing and the role of a bankruptcy attorney in Mankato, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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How to Handle Becoming a Creditor Involved in a Chapter 7 Bankruptcy in Owatonna, MN

As a firm of bankruptcy attorneys, Behm Law Group, Ltd. is often most concerned with how a bankruptcy case affects and works out for the people and businesses filing it. However, we believe it’s important to provide information for everyone involved in the case if they’re unfamiliar with the process in any way.

 

There’s an unfortunate standard of thinking in bankruptcy that there are two sides of a battle with the creditors on one side and the filers on the other, while the bankruptcy trustee oversees the fight. The truth is that everyone is in it together, and a bankruptcy process is designed to provide as fair a treatment as possible for all those involved. If you’ve found yourself involved in a Chapter 7 bankruptcy in Owatonna, MN in any capacity, Behm Law Group, Ltd. can provide the advice and guidance you need.

 

Creditors of anyone who has filed for bankruptcy know that the process is a difficult one for each and every lender who is now facing the possibility that they won’t be repaid in full. In more cases than not, a bankruptcy has several creditors who don’t typically provide loans and may not know what to do when their lendee can’t repay a debt.

 

Suddenly a Creditor

The creditors that have the hardest time handling a bankruptcy case are those who’ve never dealt with this situation or given a loan before, such as:

  1. Friends and family who have given the bankruptcy filer a personal loan.
  2. Customers who have prepaid for a service from a business that is now going bankrupt.
  3. Customers who are financing a product (a car, for example) and the provider has gone bankrupt.
  4. Companies with services/products given to any party on Net 10, 15, 30, or 60 terms.

If you’re listed as a creditor in a bankruptcy case, there are certain actions you must take if you want debt repayment in any capacity. If you’ve received a “Notice of Bankruptcy Filing” and are listed as a creditor, you may have to file a proof of claim to avoid losing any chance of repayment. Filing a claim is simple, but requires specific documentation. To accurately file a claim, you must fill out U.S. Bankruptcy Court forms included in a Proof of Claim. While your repayment might not be in full, you’re entitled to some debt accommodation or repayment as a creditor.

 

If you’re caught up unexpectedly in a Chapter 7 bankruptcy in Owatonna, MN as a creditor or considering filing for bankruptcy as an individual or business, Behm Law Group, Ltd. can help. Contact us at (507) 387-7200 to learn more today.

 

 

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Navigating through Bankruptcy Delays with the Help of a Bankruptcy Attorney in Marshall, MN

Bankruptcy can be a highly effective way to find the financial relief you need for long-term stability. It can also be one of the most emotionally difficult legal processes you ever go through. Because bankruptcy is such a legally-nuanced process, it can be one of the most trying court-administered procedures for individual consumers to face—especially if they choose to start a case without the help of a knowledgeable bankruptcy attorney. If you are struggling to meet debt payments, but are hesitating to take the leap into filing for bankruptcy for fear of the difficulty and emotional toll it may take, it may be time for you to seriously think about how a lawyer can help. Behm Law Group Ltd. provides the legal counsel, advice, and comprehensive guidance you need from a bankruptcy attorney in Marshall, MN, and the surrounding area if you plan to file.

Whether you choose (and qualify for) Chapter 7 liquidation bankruptcy or decide to restructure your debts into a three- to five-year repayment plan with Chapter 13 bankruptcy, Behm attorneys can navigate each step of the process as well as advise you on the best bankruptcy choice before you even have to make a decision. When you enter a bankruptcy case, lots of information is thrown your way. While this can be overwhelming, our bankruptcy attorneys are here to tell you what everything means and how to proceed.

One part of bankruptcy many past filers have found difficult to work through is the occasional delay the court may have to pause action on your case.

 

Delays

Bankruptcy case delays occur for a number of reasons, some of which may be your responsibility and some of which may not. While there are many types of delays to a case that can occur out of unusual circumstances, the most common types of delays include:

  1. Missing information: If you have information the court needs that is not a part of a standard petition, your case may be put on delay while you gather the necessary documents and during the court’s review of them.
  2. Creditors’ requests for information: If creditors request information about your case, the court may put a pause on the proceedings until the creditors are informed in full.
  3. Creditors’ claims: Sometimes, creditors may have grounds to claim an asset is their property or that their debt is non-dischargeable. This may occur for a wide range of reasons, but if it does, it’s incredibly important to have the protection and assistance of a bankruptcy attorney.
  4. Your income: If you have initially filed for Chapter 7 and your income changes before you start your case (with a new job, for example), the court may delay your case while it decides whether you qualify for a Chapter 13 bankruptcy.

 

If you are considering filing for bankruptcy, don’t underestimate the necessity of a bankruptcy attorney in Marshall, MN, and the surrounding area. Contact Behm Law Group Ltd. at (507) 387-7200 to learn more today.

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Secured Tax Debt and Filing for Bankruptcy in Worthington, MN

Around this time of year, we all take a look at our past 12 months of finances. Filing taxes forces us to recount our incomes, debts, and overall monetary matters. On top of all our typical credit card debts, medical bills, car loans, and other debts, we can all be susceptible to tax debts.

 

If you’re struggling to pay tax debts in addition to meeting your other debt obligations, it might be time to look at debt relief options. When the point comes where your debts are severely affecting your quality of life, it’s important to take positive action to find balance for your finances. With the help of Behm Law Group, Ltd., you can gain the many advantages that debt relief through filing for bankruptcy in Worthington, MN provides.

 

Filing for bankruptcy can help you resolve many types of debt in two ways: discharge or reorganization. If you file for Chapter 7 bankruptcy, the majority of your debts will be discharged and you can claim exemption amounts to protect your property from liquidation. With a steadier income, you can choose to file for Chapter 13 bankruptcy and have your debts reorganized into a repayment plan limited to three to five years, and some of your debts will be discharged at 0-100%.

 

While many debts are discharged and reorganized in the process of bankruptcy, there are some priority debts that are exempt from all types of bankruptcy cases. For many, this includes tax debts. Some tax debts can be discharged in Chapter 7 bankruptcy or included in a repayment plan under Chapter 13.

 

Though some tax debts are not discharged through the bankruptcy process, there are other tax debts that can be treated in bankruptcy, including income tax debts secured by the government. Put simply, secured tax debts are debts that the IRS has placed a lien on your property to protect their right to repayment. This typically occurs when a debt has been left unpaid for an extended period or when the government foresees your inability to pay a tax debt.

 

Liens on tax debts turn into levies when collection action is taken. You can prevent collection action by filing for bankruptcy and getting an automatic stay placed on all creditor action – including the IRS. Additionally, you may be able to completely dissolve the lien and the debt in your bankruptcy case. In fact, most secured tax debts that qualify for the bankruptcy process can be resolved with the best outcome for you.

 

Understanding the difference between priority and non-priority tax debts is important for all bankruptcy cases that involve tax debts in any capacity. If you suspect or know for sure your tax debt is considered a secured debt by the IRS, contact Behm Law Group, Ltd. at (507) 387-7200 to learn more about its treatment in bankruptcy. If you’re ready to start filing for bankruptcy in Worthington, MN today, the advice and assistance of Behm attorneys is important to building a successful case.