Posted on

Deciphering the Language of Bankruptcy in the Mankato Minnesota Area

If you’re living in the Mankato, MN area, it’s likely you’ve heard plenty of jokes about Minnesotan dialects and language. There are all sorts of local idioms around these parts, from “Duck, Duck, Gray Duck” to “hot dish,” each of which belong proudly situated within the culture of Minnesota.

When it comes to the culture surrounding bankruptcy, it’s no surprise that it has a language all its own. There are all sorts of words that sound unfamiliar, even in a basic definition of what “bankruptcy” means:

“A federally authorized procedure by which a debtor—an individual, corporation, or municipality— is relieved of total liability for its debts by making court-approved arrangements for their partial repayment.”

…What?!

Including a few words from that definition, Behm Law Group, Ltd. has a list of key terms that will help you translate the language of bankruptcy:

  1. Liabilities are monetary or legal obligations.
  2. Debts are monetary or legal obligations that are owed.
  3. Debtors can be people, partnerships, corporations, or municipalities. The debtor is the subject within a bankruptcy case, meaning they owe money or have legal obligations towards another person or organization.
  4. Creditors are people or organizations that debtors owe. Typically, they are owed either money or another legal entity.
  5. Assets are all forms of property held by the debtor.
  6. Liquidated debts are for a specific, numerical amount. While debtors are still responsible for non-liquidated debts, their exact monetary amount is not known.

With this list of terms in your dictionary, it should be just a little easier for you to decipher the complex vocabulary within a bankruptcy filing.

Whether you speak the language of bankruptcy fluently, or you’re still a little confused, the professionals at Behm Law Group, Ltd. can help. For a clear, simple translation of bankruptcy in the Mankato, Minnesota area, contact Behm Law Group, Ltd. today.

Posted on

Managing Financial Fitness After Bankruptcy in the Mankato and Southeast Minnesota Area

If you’re living in the Mankato and the southern Minnesota area, this is your summer to get fit with Behm Law Group, Ltd. At Behm Law Group, Ltd, “fit” doesn’t mean low-fat smoothies, long outdoor runs, or a perfect beach body. Here, “fit” means managing personal financial fitness in order to make the best decisions regarding bankruptcy. Although you may think your finances are in shape, we’ve devised a workout plan to manage your monetary health this summer.

1. Learn the facts: Bankruptcy can happen to anyone. Did you know that over four million families filed for bankruptcy between 2008 and 2010 within the United States alone? Or that many people don’t file for bankruptcy when they should? Knowing the facts about bankruptcy is the first step to improving your overall financial health.

2. Manage your credit: Maximize your credit score by paying bills on time and tracking credit card balances. It can be easy to lose track of payments or bills, especially during summer vacations or holidays. Continued missed payments can lead to both debt and bankruptcy. Be sure to create a schedule in order to follow bill schedules, exceed minimum payments, and avoid accruing debt.

3. Boost your nest egg: Even if money’s tight, try to invest a small amount of each paycheck into a future nest egg. Anyone, whether excessively wealthy or living between paychecks, is susceptible to bankruptcy if they experience a sudden accident, financial crisis, job loss, or serious illness. It’s healthiest to prepare before disaster strikes.

The attorneys at Behm Law Group, Ltd can help get your finances back in shape. When filing for bankruptcy is the healthiest option for your finances, Behm Law Group, Ltd can answer questions, offer advice, or create a monetary workout that best suits your needs. If you live in the Mankato or southern Minnesota area, and you are ready to get financially fit, contact Behm Law Group, Ltd today.

Posted on

What Bankruptcy Means for Your Credit Now and in the Future | Mankato, MN

According to a survey conducted by YouGov, far more adults (62%) are worried about the effect bankruptcy would have on their credit reports than the shameful stigma attached to declaring bankruptcy (26%). If you are considering bankruptcy in the Mankato, MN area, Behm Law Group wants to help you understand what declaring bankruptcy means for your credit profile.

How does bankruptcy affect my credit score?

Your credit score is an easy way for you and creditors to calculate the health of your credit profile. Declaring bankruptcy means that you are in a situation where you are unable to make payments on your debt, so it is viewed as a very negative event on your credit report. But the overall impact it has depends on your entire credit profile. If you had perfect credit, you would probably see a large drop in your credit score. However, since most people who declare bankruptcy usually have poor credit and several other negative marks on their credit reports, bankruptcy might make a relatively small dent in a credit score.
Additionally, bankruptcy stays on your credit report for up to 10 years after you file and will continue to affect your credit score until it is removed. Even so, that doesn’t mean you are unable to obtain new credit in the meantime.

How soon can I qualify for new credit?

Bankruptcy is a means of clearing your financial slate and it will take time for you to rebuild your credit history to the point where creditors are willing to grant you a line of credit. Generally it takes 18-24 months of full, on-time payments before you will be able to qualify for most loans. Of course, creditors also take into account your income, debts and assets so you may be a viable candidate for new credit sooner if your financial situation has greatly improved since you declared bankruptcy.

Here are some general timelines for a few of the major types of credit:
• Credit Cards: This type of credit is usually available immediately after a bankruptcy because credit card companies can justify charging you higher interest rates and fees if you have a checkered credit history. Be wary of opening new credit cards, however, as you might easily find yourself deep in debt again. A secured card is a safer way to begin rebuilding your credit because it can be used like a regular credit card but it requires a deposit upfront to cover your credit limit.

• Auto Loan: Auto loans are also often readily available soon after filing bankruptcy thought the interest rates will be quite steep. If possible, you might want to wait until you can qualify for a loan with a more competitive interest rate to avoid paying more in interest over the life of the loan.

• Mortgage: While some lenders will give you a home loan right after filing for bankruptcy, it is best to wait at least two years before applying for a mortgage. Not only will you have time to develop a good credit history, lenders will usually leave your bankruptcy out of the consideration and offer you better interest rates. Plus you will also be able to save for a down payment and decrease the amount you need to take out in loans.

Though bankruptcy may cause your credit to take a hit immediately after filing, declaring bankruptcy can actually help you in the long-term by wiping out most, if not all, of your debt. This allows you to start managing your money better and rebuilding your credit without the burden of monthly payments. If you are ready to start over financially, call Behm Law Group for assistance with declaring bankruptcy in the Mankato, MN area.

Posted on

Limit Spousal Input Before Starting a Business or Declaring Bankruptcy for Your Mankato, MN Area Business

When starting a new business, you need to carefully consider many decisions such as where to locate, what type of services to offer, how much equity each owner gets, and what pricing and business models to use. But did you ever think you should be concerned about your partner’s spouse? The bankruptcy attorneys at Behm Law Group, Ltd. believe such a consideration should be duly noted in the Mankato, MN area.

 

You might think this doesn’t matter because you are going into business with your partner, not their spouse. But consider these questions before you sign on the dotted line and commit your capital to the business venture.

  • What if the spouse has undue influence over your partner’s decision-making abilities?
  • Does the spouse have any experience in or knowledge about running a business?
  • What if the spouse is designated as a successor in the business should your partner suffer an untimely demise?
  • Is spouse difficult to work with when in a position of power?
  • Does the spouse share your and your partner’s vision for your business?

 

Of course, you want to trust that your business partner will be able to keep their professional and personal relationships separate for the good of your business. But you could find yourself in an uncomfortable situation if you don’t take some precautions in your business agreement:

 

1) Make sure all business owners in your venture sign a business agreement which addresses all aspects and possibilities for your business. Leave nothing to chance.

 

2) Define the spouse’s role in your business. How much influence, if any, a spouse would have? Can he or she make decisions? Can a spouse become an owner? If an owner, what are the terms for selling the spouse’s share?

 

3) Address the potential need for bankruptcy. At what point should the discussion of bankruptcy be brought up? Who makes the final decision to declare bankruptcy?

 

Whether you’re contemplating a business agreement or have already filed for bankruptcy, seek our counsel at Behm Law Group, Ltd. We specialize in bankruptcy in the Mankato, Minnesota area and can offer you sound advice for making the best decision regarding bankruptcy for your business before it’s too late.

Posted on

Small Business Owners in Mankato, MN – Should you file chapter 13 or chapter 7 bankruptcy?

If you’re a small business owner and you’re considering filing for bankruptcy, it’s important that you have information on which type of bankruptcy you should file for. Filing fort bankrupcy it is definitely not an ideal situation, but sometimes it’s necessary. Having the right information will help you to make the right decision so that you can begin to improve your financial situation in the most effective way possible. If you’re a small business owner in Mankato, MN, then chapter 7 bankruptcy will more than likely be the right option for you. In some cases, however, chapter 13 bankruptcy may be a more viable option.

 Let’s take a look at your options to find out which one you should choose:

 Reasons to choose chapter 7 bankruptcy:

  • It will be settled much faster – Chapter 7 bankruptcy cases usually conclude in a matter of months whereas chapter 13 bankruptcy cases can take three to five years.
  • It will be easier to start a new business – You can’t file bankruptcy for your business with chapter 13 bankruptcy. It would be much easier to close your current business down under chapter 7 than to try to keep it afloat while also having to deal with chapter 13 personal bankruptcy. You can deal with your debts and start a new and improved debt free business.
  • You aren’t required to pay your unsecured debt – In chapter 13 bankruptcy you will be required to pay at least some of your unsecured debt in most cases. You aren’t obligated to do that under chapter 7 bankruptcy.

When chapter 13 bankruptcy may be the right option:

  • You have an asset rich business – If you’re a small business owner and you don’t want your business to be shut down because it has a high amount of valuable assets that you want to keep, you should not file for chapter 7 bankruptcy. You may even want to try and settle your debts on your own and avoid filing altogether.
  • You want long term protection – If you want more time to catch up on certain payments like your mortgage or car payment under the protection of bankruptcy law, then chapter 13 bankruptcy is a better option.
  • You have a unique asset that you want to keep – If you have a certain asset that is not protected under chapter 7 bankruptcy but is protected under chapter 13 bankruptcy, then choose the latter.

Hopefully this information can help you make the right choice. If you’re a small business owner and are considering filing for bankruptcy or just want more information, contact the professionals at Behm Law Group Ltd in Mankato, MN. We’re here to guide you and help you build a better financial future.

 

 

 

 

 

 

 

 

 

Posted on

There’s No Shame in Asking for Help When Filing for Bankruptcy | Mankato, MN

Discussing money can be uncomfortable, so much that it’s often a taboo subject at social gatherings or holiday parties. When it comes to filing for bankruptcy in the Mankato and southeastern Minnesota area, some people may feel embarrassed or ashamed, perhaps because they believe filing for bankruptcy is an uncomfortable public admission of a difficult financial situation.

Fortunately, a recent study shows that these embarrassed individuals are in the minority. Only about one quarter of Americans believe that shame is a major disadvantage of filing for bankruptcy, which is likely because bankruptcy has become quite common within American households:

  • 24% of households have considered filing for bankruptcy
  • 18% of households have filed for bankruptcy
  • 32% of households with children under 18 have considered filing for bankruptcy
  • 25% of households with children under 18 have filed for bankruptcy

Now that bankruptcy has become a reality for more households, there are other disadvantages that outweigh embarrassment when filing. Rather than considering shame, Americans now tend to feel more concerned about fiscal, credit-based matters, such as their credit score or relationships with businesses.

Bankruptcy is not something to feel ashamed about and, fortunately, more than half of Americans agree. Fifty-five percent of those interviewed said that a major advantage of bankruptcy is getting a fresh start. Filing for bankruptcy can be a difficult decision and process, but receiving another chance at financial success is certainly an advantage.

Bankruptcy has become a personal subject for nearly one of four adults within the United States. With that statistic in mind, it’s important to find a bankruptcy specialist that appreciates your financial needs. At Behm Law Group, Ltd, we understand the importance of a fresh financial start in the Mankato and southeastern Minnesota area.

Three quarters of Americans agree—there’s no shame in asking for financial help. Call Behm Law Group Ltd. today.

Posted on

Don’t Commit Bankruptcy Fraud

Not committing bankruptcy fraud seems like a no-brainer to most people, and Behm Law Group always counsel their clients to be honest and transparent when filing for bankruptcy in Mankato MN. But some people think that they are above the rules or can get away with the lies, and bankruptcy fraud does happen. Just the other week the Minneapolis Star Tribune, published an article about a jewelry store owner who had filed for bankruptcy and claimed that his jewelry had been sold, dismantled, or melted down. A federal bankruptcy judge claimed the store owner owed $253,000 but his creditors only received $17,500.

A Minneapolis attorney, Nauni Jo Manty, was appointed as a trustee in this case. It took four years of dogged effort on her part between both Minnesota and Wisconsin. Finally, last month, Rohricht pleaded guilty to hiding bankruptcy assets and is currently awaiting sentencing.

The moral to this story is if you think lies and complexity will thwart your creditors, guess again. If you read the entire article, you’ll be able to appreciate how much determination it took to render justice.

If you think back to when you were owed money, did you simply shrug your shoulders when it wasn’t repaid on time? Or, did you relentlessly pursue what was owed?

We guess that if you had any difficulty whatsoever, you remember the person who owed you, the amount of money owed, and the circumstances very well. In fact, your memory probably was so good that you relayed your predicament to any and all who would listen especially if you were repaid late or never at all.

The same can be said for creditors. They provided a product or service to you on good faith and expect to be paid accordingly. If you lie or hide assets during a bankruptcy proceeding, it may take some time, but justice will be served in the Mankato, MN area, too.

There’s one more thing you may want to note that’s even more valuable than any of your assets. What about your reputation? It can take many years to repair that. In some cases, maybe never.

While there can be legitimate reasons for filing bankruptcy, don’t do so under a false pretense. Creditors can be very observant. So can trustees.

To learn how to file for bankruptcy legitimately, consult the bankruptcy attorneys at Behm Law Group, Ltd. in the southeastern Minnesota area.

Posted on

Ask Behm Law Group: Can You Talk Your Mankato Business Into Bankruptcy?

Can a business owner lose everything because of what they said? Well, business mogul and 2016 presidential candidate Donald Trump recently came under fire for some of his remarks regarding Mexicans and others who cross the U. S. border illegally. While this is a far cry from the bankruptcy cases Behm Law Group typically handles, let’s take a look at whether freely expressing your views could land your Mankato, MN business in bankruptcy.

The Trump Situation

Univision had already severed its contract with Donald Trump when he declared that he couldn’t continue his tv show, The Celebrity Apprentice, because of his candidacy. Nonetheless, NBC blasted Trump for his comments regarding Mexicans as well. Some wonder if the rebuke was because NBC would lose money by not continuing that show.

Other companies and persons who currently do business with Donald Trump are reconsidering their alliance with him. For instance, Cheryl Burke and Thomas Roberts, the two co-hosts of a pageant produced by Trump, will not participate in the next pageant.

Despite heavy criticism and loss of business partners, Trump remains steadfast in the accuracy of his comments, citing both truth and free speech.

Could It Happen to You?

Obviously, Donald Trump is a big celebrity personality and a billionaire to boot, so losing the revenue stream from his television show and a few business partners isn’t going to force him into bankruptcy. But what if you have far less money in reserve and really depends on a steady stream of customers for your small business to make a profit?

The short answer is yes, but it’s not truly because of what you actually said. Everyone is able to say whatever they please through the right of free speech. However, the 1st Amendment does not protect against others reacting negatively to your views. When consumers don’t like the views a business owner holds, they will often boycott that particular store or service. Furthermore, they will probably tell their friends and family to avoid shopping at that business as well which means you could lose even more revenue and gain an unfavorable reputation that could be hard to shake.

In the 21st century, word of mouth is still critical to business success and your customers show approval or disapproval with the ways they spend their money. So while you have the right to say whatever you want, as a business owner you might want to be careful. An off-color comment could potentially lead to a domino effect that ends in bankruptcy.

A situation like this certainly be one of the most interesting set of circumstances Behm Law Group Ltd has come across in our years of practicing bankruptcy law. But whether a comment you’ve said has cast a negative cloud over your business or you’re facing more mundane financial problems, contact Behm Law Group when you need to file for bankruptcy in Mankato, MN.

Posted on

Dealing Emotionally With the Decision to File for Bankruptcy in the Mankato Area

When times are bad and the thought of bankruptcy is on your mind, it can be difficult to cope emotionally with those feelings of failure and shame. Whether you or your spouse have lost a job or suffered some other catastrophe, call Behm Law Group, Ltd if you are in the Albert Lea and Mankato areas and contemplating bankruptcy. We understand that bankruptcy is a hard choice, but often the choice that is in your best interest.

Regardless of why you need to declare bankruptcy, here are some steps you can take to move on toward a brighter future:

1) Gather a support group for yourself, if you don’t already have one. It can be a relief to share your troubles with those who care about you and your well-being. A supportive group of friends and family can also help you think about other things in life and help you keep your bankruptcy in perspective.

2) Set goals for yourself, and stick to achieving them. Start with small steps first. When you’re ready, then begin on the larger goals. These goals can be anything from organizing your finances to applying for a new job or getting an exercise routine.

3) Gain some insight by reading books on psychology or strategies for success. The 7 Habits of Highly Effective People by Stephen R. Covey as well as Emotional Intelligence by Daniel Goleman come to mind and both are widely available in public libraries.

4) Find your strengths and areas for self-improvement—especially if you are looking for a new job. Make a list of the skills you do have and strive to improve any skills you are missing. If you are unsure of your strengths, try taking a personality or job skills assessment test. These tools can highlight some skills you didn’t know you possessed and give you direction toward a new career path.

5) Think of some fun, creative endeavors you can do to lower your stress level. Declaring bankruptcy can alleviate some of the stress from dealing with creditors all the time but can also cause more anxiety as you worry about your financial future. Some inexpensive ideas to help you de-stress include hiking or having a game night with friends.

Following these tips can help you feel more positive about your decision to declare bankruptcy and become confident that you can make a better life for yourself. Bankruptcy is just a bump in the road and the bankruptcy attorneys at Behm Law Group, Ltd, can help you get up and over that bump because bankruptcy is our specialty. Consult with Behm Law Group, Ltd. today.

Posted on

Know Your Business Partners in Mankato, Minnesota

How well do you know anyone? Really. Can you honestly say you know someone so well you can predict what he or she will do in any given business situation? If this were the case, there would be fewer breakups in the business world. Even if you did understand another well, this doesn’t mean one of you wouldn’t change as other events unfolded. If you want to counter potentially bad business relationships, the bankruptcy attorneys at Behm Law Group, Ltd., recommend you consider the following steps in the Mankato area:

1) Do a background check on any potential business partners. Your due diligence in this area could avert a Bernie Madoff catastrophe.

2) Have an attorney review any legal documents you use in your business. This review should include any agreements or contracts with another business party.

3) Agree on a code of conduct. How should discrepancies or conflicts be handled? Put this agreement in writing.

4) Determine the areas of responsibility for each party. What happens when one person goes on vacation? What happens when one party interferes in the duties of the other? What happens as new areas of responsibility emerge as the business evolves?

5) What if one party is compromised in any way, legally or ethically? Be prepared to know what you would do in this case.

These five steps should allow you to forge a more meaningful business relationship. At times, it may be best to reassess some of these or other areas as your business develops.

Keep in mind that people can change. Who you thought was a person of sound character may change and almost devastate the business. Installing a system of checks and balances can help to thwart any intentions of wayward souls.

Although it may seem daunting at first, documentation is your friend. It provides clarity and structure to an otherwise fluid relationship. It can minimize misunderstanding and thwart ill intentions.

Let’s face it. If you don’t strive to make your business relationships concrete in the Mankato, Albert Lea, and Owatonna areas, one day you may be looking at bankruptcy because of something your business partner did.

If you find yourself having to file for bankruptcy, or you want to discuss your options should this occur, contact the bankruptcy attorneys at Behm Law Group, Ltd. in the Mankato, Minnesota area.