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How Legal Aid Offices Can Offer Bankruptcy Assistance

If you’re struggling with a heavy debt load or an income that doesn’t make ends meet every month, you aren’t alone. Many individuals like you can find debt relief and can resolve troublesome financial issues for the long term with the help of bankruptcy. The two main chapters of bankruptcy, Chapter 7 and Chapter 13, offer debt relief options in the form of debt discharge in exchange for asset liquidation of non-exempt assets or as a reorganization of debts into a repayment plan. To determine if filing bankruptcy is the right choice for you, and to decide which chapter you should file under, Behm Law Group Ltd. offers expert legal guidance and comprehensive bankruptcy assistance in Redwood Falls, MN.

 

Bankruptcy is a highly complex and nuanced legal process that can be very difficult to navigate without the right knowledge and tools. Because of this, filing for bankruptcy with the support of an attorney is the best possible option for any filer. However, many filers have difficulty finding the money to hire a lawyer and they, sometimes, must find their own way through the filing process. In the scenario of helping to find an attorney who may agree to accept lower attorney’s fees, one of the best resources you can use is your local legal aid office.

 

Legal aid offices provide public, and sometimes free, legal information and support services. You can find a legal aid office/legal clinic near you through the American Legal Services Corporation. Legal aid offices are set up as a nonprofit, being largely donation- and volunteer-based programs. Participating lawyers and other legal professionals, as well as counselors and social workers, establish a system that can provide protection in some ways for those unable to completely afford legal representation, but primarily the organization operates as a resource of legal information.

 

If you plan to file for bankruptcy and you’re having trouble finding the money to hire an experienced bankruptcy attorney, you can turn to a local legal aid office for some direction.  Because bankruptcy can be a highly nuanced and complicated process, most legal aid offices do not have attorneys who handle bankruptcy cases.  However, many private attorneys may be affiliated with a legal aid office.  Attorneys who are affiliated with legal aid offices may agree to accept lower fee amounts for people who seek assistance through the legal aid office.  In order to possibly qualify for lower fees, you may have to undergo a screening process with the legal aid office and with an affiliated bankruptcy attorney.  In order to obtain assistance with the attorney’s fees, you really must, in good faith, not have any other options.  If you receive tax refunds or have a relative who can financially assist you, or have a life insurance policy or a 401(k) plan that you can borrow against, you typically will not qualify for lower bankruptcy attorneys’ fees through the legal aid office.  Generally, all of the basic information you’ll need to file a bankruptcy case can be available through the legal aid office, including information about:

 

  1. Pre-bankruptcy requirements
  2. Documents included in your petition
  3. How to find and fill out all the necessary paperwork
  4. How to pay and/or waive bankruptcy fees
  5. What debts you can have discharged or reorganized
  6. What assets you can protect from liquidation
  7. Post-petition requirements
  8. Overall court process

 

Certain more unusual or complex information may also be available, but you may find it difficult to know what to ask for that will be relevant to your specific situation.

 

If you are able to afford legal representation, it is generally recommended that you do so. Legal aid offices cannot always give information that will be helpful in the face of changes in your case. Each bankruptcy case is unique, and certain circumstances may cause unforeseen difficulties after you file a petition. Additionally, legal aid offices cannot protect you from creditor judgments or other obstacles that may arise throughout your case, whereas such assistance is available with the help of an experienced bankruptcy attorney.

 

To learn more about legal aid offices and bankruptcy assistance in Redwood Falls, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

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Part 3: Costs of Filing for and Hiring Bankruptcy Assistance

In the previous Parts 1 and 2 of this blog, we covered what bankruptcy fees you will be required to pay if you file, and what an attorney may cost as well as why it costs this much. In Part 3, the final section, we cover ways for you to pay those costs and what you can do if you are truly unable to pay certain required costs. If you are considering filing for bankruptcy, you need to understand the fees you’ll have to cover and what the full cost of a bankruptcy case of any chapter may be. Behm Law Group Ltd. provides expert bankruptcy assistance in New Ulm, MN, and the surrounding area.

 

While there are many costs involved in the bankruptcy process, and we understand that attorney fees can seem daunting, there are many ways of covering those costs.

 

How to Pay

If you can, you’re certainly able to pay bankruptcy fees and attorney costs with one lump sum. However, some people are not able to pay the fees and costs in full and all at once. This makes perfect sense since they are in dire financial circumstances that are requiring them to file for bankruptcy debt relief in the first place. For those who cannot afford the fees and attorney costs up front, there are other ways to pay.

 

  1. Payment plan: If you are filing for Chapter 7 bankruptcy, you can generally set up a payment plan for the attorney’s fees and court costs. An installment plan can be established as long as your fees are paid in full before your petition is filed and in a minimum of four installments.  Any bankruptcy attorney who is decent and worth hiring will not agree to file your bankruptcy case and then agree to accept monthly payments from you.  Such an arrangement is highly irresponsible and unethical because the same attorney helping you through your bankruptcy would become one of your creditors.  Also, any credible attorney worth hiring would not expect you to ask a friend or relative to sign a personal guarantee for the payment of your attorney’s fees and costs.  Such an arrangement is also highly unethical and extremely inappropriate because it allows the attorney to legally pursue the friend or relative if you fail to pay.  Such an arrangement essentially allows the friend or relative to be drawn into your financial vortex of misery and that is simply not right.
  2. Waivers: For the bankruptcy court filing fee, you can request a waiver of the requirement to pay it. To qualify for a waiver, your income must be 150% under the federal poverty line and you must not be able to pay the court filing fee in an installment plan.  However, bankruptcy courts are generally extremely reluctant to grant such waivers because the bankruptcy court filing fees help fund the entire bankruptcy system from bankruptcy judges to bankruptcy court law clerks to bankruptcy court staff and more.
  3. Pro bono: Attorney costs can be high for those who are unable to meet the basic bankruptcy fees, but there are some lawyers who occasionally set aside time in their schedules to offer legal aid for free to those who truly cannot pay the attorney’s fees and costs themselves or are unable to rely upon other resources such as friends and relatives.
  4. Legal aid: Government legal aid is offered nationally for individuals who cannot afford an attorney. While these legal aid offices provide guidance and important information, not all of them will offer bankruptcy filing assistance.
  5. Friends and family: When all else fails, most filers can turn to their loved ones for financial support. Keep in mind that family debts must be disclosed in your bankruptcy if there is a legal contract or other official documentation or even if there is a non-written expectation that you should pay them back.
  6. Borrowing from a 401(k), IRA or Life Insurance Policy:  Sometimes people can borrow against their retirement plans or cash value life insurance policies to acquire the necessary funds to pay their bankruptcy attorney’s fees and bankruptcy court filing costs.
  7. Employer Provided Legal Insurance Plans:  As part of a benefits package for their employees, some employers offer legal insurance plans such as ARAG Legal Insurance.  Typically, legal insurance plans will pay up to $2,000.00 towards bankruptcy attorney’s fees.  However, you must still pay the bankruptcy court filing fee of $335.00 for a chapter 7 case or $310.00 for a chapter 13 case.

 

Some filers also sell some of their possessions that will be exempt from the bankruptcy process, such as electronics, antiques, furniture, jewelry, and so on in order to pay for their attorney’s fees and bankruptcy court filing costs.

 

Filing for bankruptcy should be the opposite of a financially crippling experience. Because of that, there are many ways to pay the required fees and to get legal aid. To learn more about receiving bankruptcy assistance in New Ulm, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

 

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How to File for Bankruptcy with and without a Bankruptcy Attorney

If you’re struggling to meet monthly debt requirements as an individual or a business, you may want to consider filing for bankruptcy as a long-term debt relief solution. Filing for bankruptcy may seem like a drastic choice with some negative effects on your credit, but in reality, bankruptcy has helped thousands of debtors regain their financial footing and improve their quality of life with the reduction of debts.

 

If you’re planning on filing for bankruptcy, there are several ways to do it, with or without the assistance of a bankruptcy attorney. At Behm Law Group, Ltd., we know that there are many individuals who can’t afford a bankruptcy attorney in Jackson, MN and the surrounding area, and we want you to know your options.

 

Filing for bankruptcy is a legal process that’s done through the U.S. bankruptcy court system. Because of this, it requires a comprehensive amount of documentation and paperwork that covers your entire financial history, including debts and income. In addition to the required paperwork, there’s a significant amount of pre-bankruptcy requirements that must be done before you file a case.

 

Filing a petition is a complex process where one will greatly benefit from the guidance of a trained legal professional. With or without an attorney, there are four main ways you will file:

 

  1. Attorney filer: If you can afford a bankruptcy attorney, you’ll have the easiest and most positive experience in filing. An attorney will do many things for you throughout your case. Learn more about what an attorney does here.
  2. Non-attorney petition preparer: If you absolutely cannot afford an attorney and can’t find one that will offer pro bono services, you can use a bankruptcy petition preparer instead. A petition preparer will fill out documents and forms for you and give them to you to send in.  The BAPCPA has guidelines and warnings for working with a petition preparer.
  3. Federal bankruptcy forms: To prepare your petition yourself, it’s recommended you visit a legal aid center for guidance on how to file. You can access the federal bankruptcy forms on the U.S. court website and download all the documents you’ll need to fill out. These templates, while standardized, do not provide any guidance on filling them out.
  4. Bankruptcy software: Filers can pay to use a software program that functions similar to online tax programs. The program will walk the filer through their financial records, asking questions and providing digital forms. However, these programs can be inaccurate because they can have issues translating the more nuanced parts of a filer’s financial circumstances and they are not always accurately updated in a timely way.

 

In general, taking advantage of the knowledge and legal protection of an attorney is the best-case scenario for putting together your petition and filing your bankruptcy. To learn more about filing for bankruptcy with or without the help of a bankruptcy attorney in Jackson, MN, contact Behm Law Group, Ltd. today at (507) 387-7200, or stephen@mankatobankruptcy.com.

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Part 2: Costs of Filing and Hiring Bankruptcy Assistance

Part 1 of this blog covers the bankruptcy fees involved in filing an individual consumer petition and breaks down what each fee applies to. Part 2 covers the costs of hiring an attorney and why the fees are what they are. As a provider of bankruptcy assistance in Mankato, MN, Behm Law Group Ltd. understands the difficulty that many filers have in trying to come up with the legal fees to file for bankruptcy relief. Our goal is to offer a better explanation of what these fees cover and why it is still important to take advantage of the expertise of an attorney no matter what type of chapter you file for.

 

In Part 1 of this blog, we generally placed the cost of a Chapter 7 case between $1,000 and $3,500, and a Chapter 13 case between $2,500 and $6,000. The largest part of that cost will typically be the fee for hiring an attorney. Despite this cost, it is almost always recommended that you take advantage of an attorney to assist you.  The bankruptcy code is a very complex system that can be extremely difficult to pick apart without experienced assistance. Many filers have their cases dismissed or be otherwise unsuccessful, wasting time and money, when this wouldn’t have happened with the help of an experienced lawyer. But why should I pay a lawyer? Put simply, a bankruptcy lawyer will do a lot more than you may initially realize and the lawyer will be there for you from the start of your bankruptcy case to the end.

 

What Lawyers Do

Bankruptcy attorneys build your case for you: organizing documents, gathering financial information, examining all your debts and properties, and creating a financial plan for your future. They also help you meet pre-bankruptcy requirements and protect you from creditors. In addition to all of this, they take on the vast majority of communication and organization among all parties involved (you, your creditors, the trustee, and the court). Overall, a bankruptcy attorney takes a significant burden off of your shoulders in many ways.

 

 

Attorney Costs

The cost of an attorney largely depends on your financial circumstances and any anticipated complexities involved in your case. It may also depend on the attorney involved, since some more experienced attorneys – attorneys who specialize only in bankruptcy matters — can charge more than lesser experienced lawyers who may not have been practicing as long and who may not be nearly as experienced with the bankruptcy process. Minimum costs are around $1,000, while maximum fees can exceed $5,000. To prevent excessive charges, the bankruptcy court reserves the right to examine the charges and make sure that they are reasonable. Many attorneys offer free consultations, and there are lawyers that reserve some of their time to offer pro-bono services to filers who absolutely cannot pay for bankruptcy assistance. In Part 3 of this blog, we’ll cover how you can pay bankruptcy court fees and attorney costs.

 

To learn more about receiving bankruptcy assistance in Mankato, MN, or to get a fee quote today, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

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Part 2: How the 2020 CARES Can Affect Your Debt Relief

In the first part of this blog, we covered what debt relief options the 2020 CARES Act (Coronavirus Aid, Relief, and Economic Security Act) offers for mortgages, student loans, car loans, and property tax debts. This CARES Act, put into place on March 27th, 2020 in response to the novel coronavirus pandemic, establishes several rules and options for individuals facing extreme difficulties concerning income, debts, and state lockdowns.

 

As we work through this global recession, it’s important to remember that there are many options available to you for debt relief. One tool that is always available to you is to file bankruptcy. While this may seem like a drastic move, Behm Law Group, Ltd. has seen many clients use bankruptcy as a positive way for debt relief in Luverne, MN, especially in trying times like these.

 

During the period the CARES Act will be in place, there are additional options for debt relief on top of bankruptcy.

 

CARES Act Provisions, Continued

 

  • Credit Card Debt: Most major credit card providers are offering relief for their customers during this time. This includes credit line extensions, payment skipping, and forbearances. Talk to your bank to see how they can work with you if you’re unable to make credit card payments. Many banks and credit unions are also offering financial aid resources and loans for individuals and businesses while we get through this recession. This includes help for local businesses offered through the U.S. Small Business Administration (SBA).
  • Utilities and Others: More and more states are beginning to put suspensions on utility shutdowns and waive late fees. If you’re unable to make utility payments on time, the CARES Act and your state government’s own orders may protect you from late fees and from having your water, gas, and electricity cut off. On top of this, most phone and internet providers are waiving late fees and/or postponing shut offs due to missed payments. Some internet providers are also supplying free services to new customers or unlimited periods for existing customers.
  • Stimulus Check: The most direct source of assistance the CARES Act will provide is a stimulus check for each eligible citizen. Individuals with an incomes under $75,000 will receive a check of $1,200. Taxpaying families will receive an additional $500 per dependent under the age of 17. Spouses who file joint tax returns will receive $2,400. Individuals with incomes over $75,000 will receive smaller checks, reduced by 5% of their income over $75,000 (e.g.  income of $80,000 = stimulus check of $950).

 

The stimulus check and other relief options that the CARES Act puts into place during this trying time are established with the goal of protecting U.S. citizens from severe debt and the hopes that our economy will be cushioned in some ways from the worsening of the current recession.

 

To learn more about your options for debt relief in Luverne, MN, and filing for bankruptcy, contact Behm Law Group, Ltd. at (507) 387-7200 today or stephen@mankatobankruptcy.com.

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Part 1: How the 2020 CARES Act Can Affect Your Debt Relief

In the face of the deadly coronavirus contagion and the significant effects that the spread will continue to have on the global economy, the U.S. government took some extreme cautionary measures. In addition to declaring a national emergency and deploying Federal Emergency Management Agency (FEMA) and National Guard relief, the federal government passed the CARES Act (the Coronavirus Aid, Relief, and Economic Security Act) on March 27. This act provides financial support to individuals struggling with little to no income during these uncertain times. The act may help to an extent, but the longer the pandemic continues, the harder it will be for many to keep making ends meet. If you are unable to make debt payments each month, you can find other sources of debt relief in Marshall, MN. With the help of Behm Law Group Ltd., you can use bankruptcy as one option to secure debt relief and long-term financial stability.

 

Bankruptcy can seem like a drastic option, even for those struggling significantly, but it’s a government-sanctioned process that has helped countless millions of individuals and businesses find their way through a recession like the one we, as a country, are working through now. The CARES Act offers some more immediate options for debt relief to all individuals as we continue to work through state lock-downs.

 

CARES Act Provisions

 

  • Mortgages: Anyone struggling to meet monthly mortgage payments has options for relief. Many homeowners are eligible for forbearances that provide short-term relief of their mortgage debt. This means you may skip some payments and spread the amount skipped throughout future payments. You may also be able to make a lump sum payment on missed payments later. In addition, many major mortgage providers—including Freddie Mac, Fannie Mae, VA-guaranteed, FHA-insured, and some federally backed lenders—have an imposed 60-day moratorium on foreclosures.
  • Student Loans: The CARES Act effectively suspended all collection activities and interest accrual on federal student loans for the next six months (until September 30, 2020), and these suspensions will be applied automatically. This act also suspends the reporting of negative credit information on credit reports, wage garnishments, and other collection actions on behalf of student loans during the national emergency.
  • Auto Loans: While there are no official federal rules with the CARES Act, many auto lenders are providing leniency to debtors. If you are struggling to make payments on your car loan, contact your loan provider. There is a good chance you’ll be able to delay payments or make other debt payment modifications.
  • Property Tax: Those with property tax debt or who are facing foreclosure because tax debt delinquency might be able to take advantage of a moratorium many counties are implementing. That moratorium varies by county, so check with your county treasurer’s office for more information.

 

In the second part of this blog, we’ll cover the additional resources the CARES Act offers for debt relief in Marshall, MN, during the coronavirus pandemic. To learn more about the options bankruptcy provides, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

 

 

 

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What You Can Learn from the Papyrus Bankruptcy as a Small Business Owner

The technological advances we are continually making in many different industries are amazing, but they come with sometimes very unforeseen impacts on other areas of the commercial world. When it comes to paper products like books, legal documents, paychecks, receipts, and even greeting cards, digital replacements for these items have largely taken over.

 

This has severely affected creators and sellers of paper media, including, recently, the greeting card and stationary company Papyrus. The Papyrus bankruptcy, in particular, could give small business owners important information. If you are considering filing for bankruptcy in Owatonna, MN as a small business owner or an individual, Behm Law Group, Ltd. can help you decide which chapter to file and guide you through it.

 

The Papyrus brand, owned by Schurman Fine Papers, is closing all 254 of their stores after filing for Chapter 11 bankruptcy in January of 2020. In addition to the Papyrus brand, the Schurman Fine Paper company owns American Greetings and Carleton Card. The stores that provide all of these paper greeting cards are shutting down because of the oversaturation of digital and e-card media. Papyrus and other Schurman cards will still be sold through department stores, supermarkets, and other companies.

What does this tell you?

Simply put, the replacement of paper cards with digital media dramatically decreased the demand for Papyrus products. If you’re supplying a product that’s losing demand due to the increase of digital versions of that product, you’re looking at a market that may become obsolete. However, you may still be able to maintain a market if you’re able to work through other retailers or transition your product into a digital format.

 

Ideally, if possible, your product should be available in a digital and physical format. Papyrus’s choice of filing Chapter 11 bankruptcy means their income is still high enough to make monthly debt payments pursuant to a Chapter 11 reorganized plan. In the future, if they’re able to successfully pay their debts pursuant to the modified payment terms of this plan, Papyrus may be able to reopen stores or create a whole new product line of digital greeting cards. All of this means there’s still hope for companies making products that are slowly being replaced by digital versions.

 

If you’re a sole proprietor or partner of your business in Owatonna, MN, Behm Law Group, Ltd. can help you file for Chapter 13 bankruptcy and reorganize your debts, or Chapter 7 bankruptcy and work through the liquidation process. Give us a call today at (507) 387-7200 or contact stephen@mankatobankruptcy.com for more information.

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Part 1: Costs of Filing and Hiring Bankruptcy Assistance

If you’re having difficulty making your debt payments from month to month, it might be time to consider seeking effective methods of debt relief. While there are many other unreliable forms of debt relief available, bankruptcy is the most efficient and reliable for long-term stability and actual, long-term debt relief.  Bankruptcy is also a system that is based in law, so you can rest easy with the knowledge that you won’t be exposing yourself to predatory debt relief agencies.

 

If you’re having financial difficulties, you may have already looked into what the process of bankruptcy looks like and what fees are involved. To file a successful case, you can find the bankruptcy assistance in Worthington, MN, you need with the expert attorneys at Behm Law Group, Ltd.

 

Filing for bankruptcy without the guidance of a lawyer is possible, but is not recommended. Bankruptcy is a highly nuanced process, and bankruptcy assistance is often key in filing a strong and effective case. This is especially true for those filing a reorganization type of bankruptcy, like Chapter 13. Looking at the numbers for the fees involved bankruptcy and the costs of an attorney may be daunting, but breaking down that information to understand it a little better can help you make the decision on whether to file or not.

 

Bankruptcy/Court Fees

 

There are a few fees that cover different aspects of your petition and other parties involved. These fees are often lumped together, but taken apart they look like this:

 

  • Chapter 7 filing fee: $335
  • Chapter 13 filing fee: $310
  • Credit counseling fees: Prior to filing your petition, you must complete credit counseling within 180 days of when you will submit your paperwork. This will typically be around $50 depending on what organization you work with. This is also a fee that can be waived with proof that you’re unable to pay.
  • Debtor education course fees: After filing for bankruptcy relief, you must complete a debtor education course in order to receive a discharge. Again, this varies depending on the organization you choose. The cost can vary quite a bit, ranging from $10 to $50 according to Federal Trade Commission data. This is another fee that may be waived with proof of inability to pay.
  • Miscellaneous fees: Certain cases may have other fees to pay, depending on miscellaneous circumstances. All miscellaneous fees are listed in the Bankruptcy Court database.

 

After adding up all these fees, bankruptcy cases will have fees ranging broadly from $1,000 to as high as $6,000 or more. It all depends on your situation and how complicated your case is. Generally speaking, it’s more expensive to file for Chapter 13 bankruptcy ($2,500 to $6,000) than Chapter 7 bankruptcy ($1,000 to $3,500).

 

Attorney costs vary from law firm to law firm, and there are some lawyers that reserve time to work pro-bono with clients that can’t afford bankruptcy assistance. We’ll cover more information about hiring bankruptcy assistance in Worthington, MN, in part two of this blog.

 

Contact Behm Law Group, Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com for more information today.

 

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Filing for Bankruptcy After Moving to a New State

Moving anywhere is a big ordeal and a lot of hassle, even if it’s just down the street from your old home. Moving to a new state, however, requires even more work due to the logistics of the physical move plus all the paperwork you need to update. Not only does moving to a new state require changes in licenses, registration, addresses on all legal documents, bank accounts, PO boxes, and much more, it can also affect more unusual circumstances, such as bankruptcy filings.

 

If you are considering filing for bankruptcy in Marshall, MN and Minnesota is a new state for you, Behm Law Group, Ltd. can help you build a strong case for Chapter 7 or Chapter 13 bankruptcy and receive long-term debt relief.

 

A move to a new state affects bankruptcy so much because each state has its own specifications for bankruptcy exemptions.

 

What are bankruptcy exemptions?

 

Exemptions are allotted amounts provided under the laws of each state that allow you to protect your property from being surrendered in bankruptcy and sold by the trustee administering your case.  The United States Bankruptcy Code has its own exemptions, too.  Some states allow you to use either a particular state’s exemption allowances or the exemptions provided by the bankruptcy code, depending on which set of exemptions best works with your particular circumstances.  Some states, however, require you to use only a particular state’s exemption allowances and those states prohibit you from using the exemptions provided by the bankruptcy code.  The exemption amounts and the property items that can be protected with the exemptions vary from state to state but most large items, like your home or car, will be protected from liquidation.   However, what you can protect with your bankruptcy exemptions might be affected by a move to another state.

 

In Minnesota, you can exempt your homestead with a value of up to either $420,000, if it is located in a city and is non-agricultural in nature, or $1,050,000, if it is rural and agricultural in nature, and you can exempt the value in your car up to $4,800. In Minnesota, you can also use the federal bankruptcy exemptions in place of the Minnesota exemptions. As indicated above, this is true for many states, though not all. States that currently allow you to use the federal exemptions include Alaska, Arkansas, Connecticut, Hawaii, Kentucky, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Washington, and Wisconsin.

 

How do I know what state I file under?

 

You will be required to file under the state you are currently the resident of.  In order to establish residency for purposes of filing a bankruptcy case in a particular state, you must actually reside in that state for at least ninety-one (91) days of the preceding one hundred eighty (180) days before the date your case is filed.  For example, if you resided in Wisconsin for all of 2019 and then moved to Minnesota on January 1, 2020 and you wanted to file for bankruptcy in Minnesota you would not be able to do so because you would have resided in Wisconsin for the majority of the one hundred eighty (180) day period preceding January 1, 2020.  Rather, you would have to wait until April 1, 2020 in order to file bankruptcy in Minnesota because by that time you would have resided in Minnesota for at least ninety-one (91) days of the preceding one hundred eighty (180) day period.

 

Generally, in order to use a particular state’s bankruptcy exemptions one must reside in that state for two years (730 days).  If one hasn’t lived in a state that long, one would have to use the exemptions of the state that one lived in for the two (2) years before moving to one’s current state.   For example, if you lived in Alaska for four years, then moved to Minnesota a year ago, you would have to use the exemptions provided under the laws of Alaska.  However, because Alaska allows people to use the federal bankruptcy exemptions, you could opt to use those exemptions instead of the Alaska bankruptcy exemptions.  Even if one may have resided in a particular state for two (2) years before relocating to a different state, they may not be able to use the original state’s exemption laws.  Indeed, some states prohibit non-residents from using their exemption laws.   South Dakota is a good example of this.   If you had lived in South Dakota for all of 2018 and all of 2019 and then moved to Minnesota on January 1, 2020, you would not be able to file for bankruptcy relief in Minnesota until April 1, 2020, as indicated above.  When you would file your bankruptcy case on April 1, 2020, you would not be able to use the exemption laws of either the South Dakota or Minnesota because you would no longer be a resident of South Dakota and you would not have resided in Minnesota for the preceding two (2) years (730 days).  In this case, however, you would be able to use the federal bankruptcy exemptions.

 

If you’re considering filing for bankruptcy in Marshall, MN and want to learn more about your exemption options, contact Behm Law Group, Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com today.

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When A Trustee Might Abandon a Nonexempt Property in Chapter 7 Bankruptcy

Choosing to file for bankruptcy is a difficult decision that requires important consideration of all factors of your current financial circumstances. If you choose to file for individual consumer bankruptcy, you likely have no other effective or truly productive way of working out your debts and keeping your quality of life stable. People considering filing for Chapter 13 or Chapter 7 bankruptcy in Pipestone, MN can find legal guidance and protection with the help of an expert Behm Law Group, Ltd. attorney.

 

When you choose to file for bankruptcy as an individual consumer, you have two primary options available: Chapter 13 or Chapter 7 bankruptcy. Chapter 13 is a debt reorganization bankruptcy procedure that is highly effective for filers with steady, stable incomes and for those people who may own property that would have more value than their available bankruptcy exemptions would be able to protect and could be liquidated in a Chapter 7 proceeding. On the other hand, Chapter 7 liquidation bankruptcy is a better option for filers without steady incomes or with properties that have values that are within the limitations of their available bankruptcy exemptions.

 

While Chapter 7 bankruptcy will liquidate (sell off) some of your non-exempt properties and possessions (properties that have values exceeding the limitations of your available bankruptcy exemptions), there are ways to exempt important items, like your home and primary vehicle. While you’re allotted exemption amounts for properties that will be removed from the liquidation process, there are sometimes nonexempt properties that will still be removed from the bankruptcy process.

 

Trustee Abandonment of Property

The primary, and for the most part, only reason a trustee will abandon the liquidation of an asset in Chapter 7 bankruptcy is because of its worth. If your property’s current market value is less than the debt you owe on it, it’s not worth the time spent for the trustee administering your case to sell it and return what little value was received to your creditors. This can happen if you continue to default on a debt and the accumulation of interest and late fees increases the debt over time. For example, if you haven’t paid your mortgage in some time, the amount of the mortgage may have increased to well over the market value of your home.

 

Instead of selling the property, the trustee will allow you to keep it. If you own the property outright (as is often the case with jewelry and other luxury goods that would otherwise be liquidated), you get to keep it without any conditions. If your creditor has secured that property with a loan, you can keep it if you continue making payments on the debt to that creditor. Otherwise, the creditor can choose to employ collection agencies, file lawsuits, foreclose, or seize the property from you.

 

One other reason a creditor or a bankruptcy trustee might abandon your property is if it will be too difficult to sell due to an obscure market or an oversaturated market.

 

If you’re considering filing for Chapter 7 bankruptcy in Pipestone, MN, and want to learn more about the process or how your properties will be handled, contact Behm Law Group, Ltd. today at (507) 387-7200 or stephen@mankatobankruptcy.com.