How Objections to Discharge Are One of the Potential Risks of Bankruptcy

For many U.S. citizens, maintaining financial well-being is a difficult prospect, and any additional debt burdens can send a household into a serious financial situation. If you are finding it impossible to meet debt payments each month, you may want to take advantage of legal sources of debt relief, such as filing for bankruptcy. Bankruptcy is a government-sanctioned debt relief process that provides thousands of individuals with long-term financial stability each year. If you are planning on filing a petition, Behm Law Group Ltd. can help you navigate each step and be aware of the potential risks of bankruptcy in New Ulm, MN, that might arise in your case.

 

While possible risks of bankruptcy are frequently overblown with hyperbole, the truth is that if your situation is the right one for the bankruptcy process, there are very little risks to filing. The two most common types of bankruptcy available to individuals are Chapter 7 and Chapter 13. Both bankruptcy types have pre-filing requirements and other conditions that limit possible abuse of the system and often prevent those whose financial situation isn’t right for bankruptcy from filing. Additionally, with the help of a Behm attorney, you can avoid or predict potential risks during your case.

 

One obstacle filers might face is an objection to the discharge of a debt. This occurs most often during a Chapter 7 case in which a filer typically receives debt discharge in exchange for the liquidation of non-exempt assets. Creditors or trustees can raise an objection to the discharge of a particular debt for a variety of reasons, most commonly due to some form of fraud. If the filer has attempted to abuse the bankruptcy system or has committed a fraud, such as purposefully listing incorrect information on the paperwork, an objection to a discharge may be warranted. If the objection to discharge is based on an unintentional act that led to a mistake in paperwork or a missing document, a discharge will likely still be awarded if that mistake is corrected.

 

In some cases, however, fraud is not the reason for an objection to discharge. Two main conditions that may lead to an objection of discharge even if the case is filed correctly and no fraud is present are:

 

  • A debt that was incurred close in time to the bankruptcy filing – usually within the 90 days preceding the bankruptcy filing date – for gambling, an expensive trip, the purchase of a luxury item such as a vehicle or jewelry, or the purchase of some expensive item for some other person.
  • Student loans, tax debts, alimony or child support obligations that paid off with credit cards.

 

Objections to debt discharge are a nuanced part of the process. With the guidance of Behm Law Group, you can be sure your case in New Ulm, MN, will be filed accurately and in the most beneficial way to your situation. To learn more about filing and what to expect, contact Behm Law Group Ltd. by calling (507) 387-7200 or emailing stephen@mankatobankruptcy.com.

How Bankruptcy Is a Stigmatized Source of Debt Relief and Why That Assumption is Wrong

Anyone who has struggled financially knows the unfortunate potential of feeling ashamed. While the stigma against poverty and debt isn’t unique to the U.S., it certainly is made worse by our social standards and consumer society. The negative assumptions around debt are a centuries-old standard that will take a change in mindset to reverse. If you have assumptions about debtors and bankruptcy, you’re one of many, but those ideas are not necessarily based on any facts.

 

Rather than being a last-gasp chance for “destitute people” or something that throws your credit into the trash forever, bankruptcy is a highly effective process that provides long-term debt relief, financial stability, and a second chance to thousands of individuals every year. At Behm Law Group, Ltd., we provide advice and protection to our clients, guiding them through the bankruptcy process and helping them receive much needed debt relief in Worthington, MN and the surrounding area.

 

A large part of the stigma against bankruptcy is based on an old idea of tying morality to money and social status. This is an unfortunate mark of the classist history that has saturated the western world for centuries. The idea of “poor” people having low morals is an outdated, problematic one that needs to be left behind along with stigmas against race, gender, and other marks of oppression.

 

The problems of social stigma aside, bankruptcy itself is often seen as the wrong choice because of the impact it has on the filer’s credit. While it’s true bankruptcy will lower your credit score and make you ineligible for certain things like taking out a mortgage, those effects are temporary, and the permanent positive impacts of bankruptcy greatly outweigh the temporary negatives. The assumption that bankruptcy is a bad choice because of any impact it might have on your financial standing is a flawed idea. To see how beneficial bankruptcy is for anyone in the right situation, you only have to look at the number of people who went on to improve their quality of life and maintain a balanced income-to-debt ratio after filing.

 

Those who are in the position to file for bankruptcy are often not able to take out a mortgage in the first place, and it’s likely that their credit score has already been lowered to some degree because of their current income-to-debt ratio, late payments, defaults on loans, and other conditions that lead them to qualify for bankruptcy.

 

Finally, filing for bankruptcy is almost always the better option for debtors than other debt management practices. Debt consolidation, payday loans, debt settlement, and other non-bankruptcy options for debt relief are frequently used to take advantage of people and end up costing them much more in the long run. Bankruptcy is a law-based process that is designed to serve an honest filer’s best interests.

 

To learn more about how bankruptcy debt relief in Worthington, MN is worth it and why the stigma is wrong, contact Behm Law Group, Ltd. today at (507) 387-7200 or stephen@mankatobankruptcy.com.

Why Bankruptcy Cases Decreased during COVID-19 Shutdowns, and What the Future Will Bring

As we continue to move through this uncertain time, more economic concerns may rise, including the increase in business and individual bankruptcy cases. If you are struggling to meet debt payments during the COVID-19 pandemic, you are not alone. Millions of Americans are finding their finances shaken up in an unwelcome way, and many will find relief in bankruptcy. While filing for bankruptcy is often viewed as a drastic action, the process is a truly effective one that provides debt relief for many more people and businesses than you might think. At Behm Law Group Ltd., we offer clients expert guidance, advice, and legal protection while they find their financial footing as an individual or business by filing for bankruptcy in Owatonna, MN.

 

The initial coronavirus crisis and ensuing shutdowns caused many events to occur, including a steep decrease in the number of bankruptcies filed from March to June. This plunge in cases was directly caused by the lockdown and stay-at-home orders, in addition to some other factors.

 

Why the decrease happened:

  1. Courts were closed during the state-wide shutdowns. This caused the cases already in motion to be halted, and other individuals who might have filed soon were forced to hit the pause button.
  2. The CARES Act included financial boosts for almost every individual with the issuance of stimulus checks and the federal benefit of $600 per week for each individual for unemployment. This aid was added to many people’s bank accounts and it enabled them to pay their creditors during the shutdowns.
  3. The government alleviated many debt obligations through a moratorium on evictions, foreclosures, and other aspects of loans, which included all federal loans and many private loans through banks and other lenders.
  4. Finally, many creditors offered grace periods on loans, giving debtors more time to pay, waiving late fees, and offering forbearance programs. Both the government alleviation and the provision of adjusted debt requirements allowed those struggling financially to better address more pressing needs with their tight budgets.

 

All of the factors that contributed to the decrease of bankruptcy cases are now over. The stimulus checks have been spent, the unemployment benefits will be ending at the end of July, and many other aspects of the CARES Act have run their course. Now, with the debt payment requirements and the consequences for not making payments back to normal, the same financial issues that people faced before the coronavirus pandemic started are becoming problems again. This, in combination with the beginnings of a severe economic recession, show signs that bankruptcies will increase dramatically in the next year.

 

For those facing the newest financial burdens on top of the ones they were already facing before the COVID-19 pandemic started, filing for bankruptcy might be the right choice. To learn more about filing for bankruptcy in Owatonna, MN, and the surrounding area, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

Part Two: The American Shift in Bankruptcy Code

Part One of this blog covers the general history of bankruptcy laws from 1542 to 1776 in Europe and during the founding of the United States. The largest shift in the bankruptcy code occurred when Americans rewrote bankruptcy laws between 1776 and the 1800s. Before this American shift in the bankruptcy code, debtors were treated harshly, severely punished for debts and made vulnerable to creditors and the government. Today, the U.S. bankruptcy code is based on the American shift in how debtors are treated. Fair treatment of all parties involved in a bankruptcy case is the current ideal held up by the bankruptcy code. If you’re considering filing for bankruptcy, Behm Law Group Ltd. can guide you through the process and help you understand how the bankruptcy code in Luverne, MN, and the surrounding area works today.

 

After the founding of the United States in 1776 with the Declaration of Independence and the end of the American Revolution, legislators worked to develop new American laws, including establishing a shift in the bankruptcy code from the English standards. In the early nineteenth century, legislation for bankruptcy changed again to fit the rapidly fluctuating financial conditions and population in the United States.

 

1800: With the practice of U.S. law almost 30 years in, legislators could more effectively examine what was and wasn’t working. The lack of congressional control over bankruptcy was becoming an issue largely due to the economic depression in 1798, and the Bankruptcy Act of 1800 was a direct reaction to this financial crisis. The act followed English law much more closely than previous U.S. legislation, and it was repealed within three years due to its large unpopularity.

 

1841: After another financial crisis in the United States in 1837, legislators passed an act in 1841 that allowed for the filing of voluntary bankruptcies. Previously, bankruptcy cases were forced onto debtors who were unable to repay creditors. This was the second major shift of the U.S. bankruptcy code toward what we have today. However, this act was repealed in 1843 and wouldn’t be readdressed until the severe financial conditions following the Civil War. Similarly, the Bankruptcy Act of 1867 reinstated voluntary bankruptcy until its repeal in 1878.

 

1898: Despite many necessary revisions throughout the twentieth and twenty-first centuries, the Bankruptcy Act of 1898 established the basics of the bankruptcy code we use today. This act offered voluntary bankruptcies to a wider range of people, allowed more composition agreements between creditors and debtors, redefined insolvency, mandated specific grounds for the discharge of debts and the sale of non-exempt assets, limited the number of bankruptcies one could file, and overall realigned the bankruptcy code to better fit into the economic system.

 

Since 1898, many major acts, such as the Chandler Act of 1938 and the BAPCPA of 2005, continue to redefine the bankruptcy code and make changes according to economic and consumer needs. Today, our bankruptcy system is a highly effective debt relief process that has helped millions regain financial well-being. To learn more about the bankruptcy code in Luverne, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

 

How Bankruptcy Offered Debt Relief to Many During the 2008 Financial Crisis

 

During this unsure economic time, many of us look to the past to see how we reacted, what worked, and what didn’t. Since the first Great Depression in the U.S., there have been many ups and downs in the economy. One notable “down” was the 2008 financial crisis. The unexpected depression during that time was a recent crisis that took place in an economy very similar to the one today.

 

While there are many components to any depression, the 2008 crisis is one we can most likely prevent from occurring again. However, if any financial crises happen in our future, individuals and businesses alike can find solid ground and protection from the relief a bankruptcy case provides. If you’re struggling to make ends meet during these challenging times, Behm Law Group, Ltd. can help you find debt relief in Marshall, MN and the surrounding area through the process of filing for bankruptcy relief.

 

The financial crisis of 2008 saw many bankruptcies, including Lehman Brothers, who filed the largest case of all time. Individuals, small businesses, and Fortune 500 companies were all affected financially during this time. A combination of risky investments, the collapse of the housing market, and various other bad choices made by large players in Wall Street led to a severe financial crisis and a trickle-down effect that made everyone change the way they looked at our economy.

 

In addition to many of the large bankruptcy cases like Lehman Brothers, thousands of people across the U.S. found themselves filing bankruptcy to protect their homes and find debt relief. For individuals then (and now) there were two main options.

 

If their income was lower than the state median income, an individual could file for Chapter 7 bankruptcy and have their non-exempt assets sold in exchange for the discharge of debts. In a Chapter 7 case there are exemptions filers can use to protect the vast majority of their assets (in most cases people are able to protect all of their assets) from liquidation, depending on their financial circumstances. In 2007 there were 467,248 non-business Chapter 7 cases. After the crisis in 2008, that number jumped to 949,002 in 2009 and 1,105,534 in 2010.

 

A debtor’s other option was to file for Chapter 13 bankruptcy. This was an option for those with an income higher than the state median income who were ineligible for Chapter 7. Chapter 13 worked to restructure debts into a manageable repayment plan lasting three to five years. In 2007, there were 307,521 non-business Chapter 13 cases. In 2009, that number increased to 393,786, and in 2010, rose again to 430,583.

 

All of the bankruptcy cases born out of the 2008 crisis were effective in many ways, helping to rebalance our economy and provide much needed debt relief to filers. To learn more about filing for debt relief in Marshall, MN during today’s difficult financial times, contact Behm Law Group, Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

Part One: The Beginnings of Bankruptcy Code from the Renaissance to the American Shift

If you have filed for bankruptcy before in Mankato, MN, or are working through a case now with the help of Behm Law Group Ltd., you know there are many intricacies of the bankruptcy code. Bankruptcy laws weren’t always so complex nor with fairness to all parties involved. Since the first semblances of the bankruptcy code starting in 1542, a lot about bankruptcy has changed.

 

1542:  After centuries of brutality against debtors, the first bankruptcy code was enacted in 1542 in the form of the Statute of Bankrupts. Put into place under the reign of King Henry VIII, the statute was an act of parliament and the first law to deal with bankruptcy. Broadly speaking, the act stated that debtors committing fraud (i.e. not making payments) should have all their assets seized and sold. The value of that sale would then be returned to creditors in amounts proportionate to the debts owed to them. While this form of bankruptcy law was less than fair to debtors, it was the first time something remotely resembling our bankruptcy code today was established.

 

1570: In 1570, Queen Elizabeth established the first modification to the still-young bankruptcy laws of England. The second of the English Bankruptcy Acts broadened and specified many of the offenses debtors could commit and the punishments therefore. Despite changes and clarifications, this act was still largely unfair to debtors.

 

1705: Under Queen Anne’s reign in 1705, the first signs of ease to debtors were established. In Queen Anne’s bankruptcy act, debtors had options for discharge and debt relief without the drastic consequences of the past. This departure was considered radical, but since then, every English bankruptcy law included some form of debtor relief provision.

 

1776: In this auspicious year, the United States of America declared independence from British rule, and the shift in bankruptcy law to what it is today began. To emphasize distance from English law, much of American legislation written in the early years of the United States was based on critical examination of what was wrong with how the parliament and monarchy operated. The lack of favor for the people in the English legislature was exactly the opposite of what the United States was founded on, and to shift away from that, every law was carefully outlined, including the bankruptcy code and the treatment of debtors. At this point, Congress had power to enact general bankruptcy legislation, but the standard for bankruptcy was to have each state establish the insolvency laws it saw fit.

 

The American shift away from English bankruptcy law was a significant and critical aspect of what our current bankruptcy code is based on. The fine-tuning and improvement on the American shift will be covered in the second part of this blog post. If you are seeking advice on how to file and navigate the bankruptcy code in Mankato, MN, or the surrounding area today, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.