Behm Law Group, Bankruptcy Attorneys

Our consumerist culture, in combination with the demands of supporting a household or business, offers numerous opportunities to fall into debt. Credit cards, cars, and homes are common culprits that cause debt. What we frequently see in the clients that come to Behm Law Group Ltd. for legal advice and assistance with bankruptcy is a difficulty in distinguishing between types of debt. While all debt adds stress and financial obligations to your everyday life, the difference between good debt and bad debt could determine how you file for bankruptcy in Mankato, MN.

The normal debts that people acquire throughout their lives are generally categorized as “good” or “bad” debts. These types of debts are defined in simple terms, but are more complicated in the real world than they are on paper.

Good Debt:

Generally speaking, good debts are described as investments. Mortgages, student loans, business loans, and real estate loans are common examples of investment debts that have potential to increase in value over time. The concept of spending money to make money stems from the existence of investment-based debts.

For example, a mortgage may add to your financial responsibilities for several years, but in time, the value of the mortgaged property will increase and can be resold for a significant profit. Student loan debts are considered investments based on the idea that those with a degree statistically earn a greater income than those without.

Bad Debt:

The exponential growth in the use of credit-based payments as monetary value has continually increased cases of bad debt. Credit cards and store credit are common sources of consumer debt. Just as good debts are investments, bad debts are forms of divestment, meaning that from the moment they are obtained, they will consistently decrease in value and, very possibly, diminish the overall strength of one’s financial condition.

One example of a bad debt that almost every US citizen will handle throughout their lives is an auto loan. Even without a loan, cars themselves are almost always money pits that significantly depreciate over time. However, cars are also often a necessity of life, and there are many types of auto loans that are discharged in bankruptcy.

When filing for bankruptcy in Mankato, MN, the good and bad debts eligible for discharge will vary based on several factors. For legal help during your bankruptcy filing, contact Behm Law Group Ltd. at (507) 387-7200.

Filing for bankruptcy may seem daunting and complicated, but with the right assistance and advice during the filing and discharging process, bankruptcy may be the best thing that has happened to you financially in a long time. U.S. Bankruptcy Courts don’t exist to belittle you, shame you, or leave you out to dry during the filing process. However, there are some occasions that may make it seem that way if you forego the expert legal help our attorneys at Behm Law Group, Ltd. can provide when filing for bankruptcy in Mankato MN.

There are several common, yet crucial, mistakes that debtors can make when filing for bankruptcy. Without legal assistance, you could be subject to making mistakes concerning these aspects of your financial situation during the filing process:

Settling Debt: If you have begun the filing process, you should avoid paying your unsecured creditors (creditors that do not have collateral) such as credit cards, medical debts and other debts that you do not wish to retain. These debts will be discharged in the bankruptcy. Continuing to pay them will neither improve your credit standing following the bankruptcy nor incentivize creditors to lend you credit. Paying on these debts is like “throwing good money after bad”. It will do absolutely nothing for you. Of course, you should continue to pay on secured debts (creditors that do have collateral), such as mortgage lenders and vehicle lenders, that you want to retain.

Retirement Funds: Because your creditors legally cannot touch your retirement account, you should not cash in your funds until the process is complete. You should never use your retirement money to “settle” your debts. By doing so, you are essentially wasting a financial “nest egg” that you have worked hard to establish that you can fully protect in bankruptcy.

Family Loans: Avoid paying off family loans or helping family and friends financially during or directly before the filing process. Your creditors and the bankruptcy trustee administering your bankruptcy case may bring a lawsuit against your family and friends to recover the money you paid them.

Property: Hold all your current property in your name during the bankruptcy process. DO NOT transfer property out of your name. If you do transfer assets out of your name, you will most assuredly lose the property you transferred.

Lawsuits: Because pending lawsuits or lawsuits against you will continue until your bankruptcy is filed, you should not ignore these suits. Our attorneys can help advise you on lawsuits and determine whether or not you should respond before a bankruptcy is filed.

Purchases: Making large purchases on your credit cards or cash advances in other forms is a frequent mistake made during the filing process. Wait until the process is complete to ensure you won’t still be accountable for these charges.

The professional attorneys at Behm Law Group, Ltd. are here to keep you from making these common mistakes and other important missteps when it comes to filing for bankruptcy in Mankato, MN. For more information, contact us at (507) 387-7200.

The Bankruptcy Code and the U.S. Bankruptcy Court can be very forgiving when it comes to the right debts and debtor. In the majority of cases, a debtor released from responsibility to debts (discharged from debts) is given a fresh start for building credit and a significant lightening of the demanded financial load. However, there are times when filing for bankruptcy is unadvisable given the type and circumstances of the debt in question. At Behm Law Group, our attorneys can guide and protect you when it comes to filing for bankruptcy in Mankato, MN.

For many individual filers and some businesses, Chapter 7 bankruptcy is often the most beneficial type of debt relief. Under Chapter 7, the debtor is released from all debts deemed dischargeable and the debtor’s assets (excluding allowable exemption claims such as homestead, vehicle and others) are distributed to creditors as debt repayment. In most cases, however, a person will be able to retain all of one’s property because the exemption allowances are very generous.

In some cases, filing for Chapter 7 bankruptcy is not beneficial to the debtor because the debts owed are non-dischargeable and could likely be denied for discharge.

Non-Dischargeable Debts:

Several types of debt are not recognized as dischargeable in U.S. Bankruptcy Courts. These include debts that obligate the debtor to the welfare of another person—for example alimony and child support debts or debts to the debtor’s employees. Similarly, debts for injury or death caused by alcohol consumption owed to another person are not discharged under Chapter 7. Educational debts such as student loans and several types of tax-related debts are also common types of non-dischargeable debts. However, student loans can be discharged if one is able to demonstrate “undue hardship” under 11 U.S.C. §523(a)(8). In order to do this, one must go beyond the initial bankruptcy filing and one must actually sue the student loan creditor and request the bankruptcy court to discharge the student loan debt. The burden of proof regarding “undue hardship” is on the person seeking to have the student loan debt discharged.

Denial of Discharge:

While debts that do not fall into the non-dischargeable category are approved under Chapter 7 for release from the debtor more often than not, there are times when debts are denied for discharge. These cases include those where the debtor has not kept accurate financial records, has committed a bankruptcy crime, has inaccurately explained assets or the loss thereof, or any cases where the debtor has committed fraud related to bankruptcy, assets, or debts. All that one has to do to have one’s debts discharged is to be honest and forthright with one’s bankruptcy attorney and list all of one’s assets and liabilities in one’s bankruptcy petition and related schedules.

Chapter 7 bankruptcy is the most common form of bankruptcy used to address issues of bankruptcy for individuals and businesses. Almost all cases of Chapter 7 bankruptcy involve converting all of the debtor’s assets into a cash value—otherwise known as liquidity. Because Chapter 7 functions to turn a debtor’s property and assets into cash used to repay creditors, it is commonly referred to as liquidation bankruptcy. At Behm Law Group, Ltd., we offer professional guidance and legal protection in all cases of Chapter 7 liquidation bankruptcy in Mankato, MN.

Chapter 7 is often the best choice for individuals filing for bankruptcy because it provides an efficiently-governed breakdown of assets. This gives the debtor a debt-free new start while also allowing for several properties exemptions. This means that the federal court allows the debtor to withhold necessities of life—such as housing and transportation—from the bankruptcy process.

The common assets that are exempt from the Chapter 7 bankruptcy liquidation process are considered basic needs for the debtor, in terms of survival and ability to function as a contributing member of society. In the state of Minnesota, these debts include, but are not limited to:

• Homestead
• Household car or other means of transportation
• Pension or retirement benefits
• Personal property (such as clothing, appliances, furniture, food, wedding rings, and tools of trade)
• Insurance benefits
• Assistance and other benefits
• Wages

While the promise of these exemptions of property from the bankruptcy process are comforting, keep in mind that Chapter 7 bankruptcy doesn’t allow for the liquidation of several kinds of common debts. Not every debt is forgiven, and there are many cases where filing for bankruptcy is not ideal. Chapter 7 does not involve the following:

• Student loan debts
• Debts from fraud
• DUI and DWI debts
• Child support debts
• Tax debts

For more information about your options with liquidation bankruptcy in Mankato, MN, contact Behm Law Group, Ltd. at (507) 387-7200, or via email at stephen@mankatobankruptcy.com today.

If you’re struggling to pay your bills and being hounded by debt collectors in Fairmont, MN, you may be contemplating filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Fortunately, the compassionate and knowledgeable team at Behm Law Group, Ltd. can assist you with your decision to file for bankruptcy.

Below is a brief rundown of the differences between Chapter 7 bankruptcy, which is referred to as a liquidation, and Chapter 13 bankruptcy, which is called an adjustment of debts of an individual with regular income or a reorganization.

Your financial situation generally dictates which type of bankruptcy you will file for. Chapter 7 is for people with little or no income, while Chapter 13 is for folks who have a higher and regular income. Reportedly, the most common filing is Chapter 7. Companies, married couples, and individuals are allowed to file Chapter 7. Companies are not allowed to file Chapter 13.

A debtor filing Chapter 7 bankruptcy is essentially scrapping everything and starting over, hoping for a clean financial slate. Once the filing is underway, an administrator or trustee is appointed to manage the sale of the debtor’s assets. This does not mean everything that the person owns is sold. Both state and federal laws allow for certain exemptions, meaning that the debtor might get to keep some property, such as his or her private residence and/or personal items like clothing.

Once the debtor’s assets are liquidated, the trustee pays certain creditors a portion of the money raised. Of course, not all of the creditors receive money from the proceeds, so many of the debtor’s financial obligations are forgiven or discharged. Once a person has filed for bankruptcy under Chapter 7, he or she can’t file again for eight years.

Chapter 13 is a reorganization bankruptcy designed for debtors with regular income who can pay back at least a portion of their debts through a repayment plan. If you make too much money to qualify for Chapter 7 bankruptcy, you may have no choice but to file for Chapter 13. Many debtors choose to file for Chapter 13 because it offers many benefits that Chapter 7 does not. These benefits include the ability to catch up on missed mortgage payments or strip wholly unsecured junior liens from your house.

In Chapter 13 bankruptcy, you get to keep all of your property, including non-exempt assets that you could otherwise lose in a chapter 7 case. In exchange, you must pay back a portion of your debts through a repayment plan. The amount you pay back depends on your income, expenses, and types of debt.

If you think you are a viable candidate for either Chapter 7 or Chapter 13 bankruptcy, give Behm Law Group, Ltd. a call at (507 ) 387-7200. We’re standing by to discuss the intricacies of all four types of bankruptcy (7,11, 12 and 13) and to help you make the best decision for you and your family.

If creditors are calling you daily, your credit card debt is rising, and you have little or no savings or assets, it may be time to let Behm Law Group, Ltd. assist you with your Chapter 7 bankruptcy in Redwood Falls, MN and surrounding communities.

Chapter 7, the most common type of bankruptcy, is often referred to as “straight” or “complete” bankruptcy. Depending on your situation, filing a Chapter 7 may help you eliminate all of your debt without having any obligation to repay any of it. Because all of your debts may be eliminated, it is also often referred to as a “fresh start” bankruptcy. Chapter 7 bankruptcies are generally best if you don’t have a significant amount of assets, such as substantial equity in your home or other investments.

How do you know if Chapter 7 bankruptcy is right for you in Redwood Falls, MN? Here’s a roundup of red flags which signal a path toward bankruptcy:

Creditors are constantly calling you. If you are a chronic late payer or non-payer, you probably get numerous calls from your creditors, or their hired hands, wanting to know when they can expect payment(s). These calls can range from professional to downright harassing. Depending on the amount you owe and the lateness of the payment, the creditor might be willing to strike a deal with you regarding a payment plan. Be wary and consult a Behm Law Group, Ltd. attorney before agreeing to any deal.

You have rising credit card debt. If you find your credit card bill growing each month – despite your best efforts to pay it down – you’re headed for financial trouble. Making minimum payments and thinking you’ll eventually pay off your high credit card balances isn’t realistic. The way high interest charges are calculated and the associated fees with missing or late payments are added almost eliminates any value to making minimum payments on the debt. Also, if you’re using your credit cards to put food on the table and gas in the car, be very careful. Balances can add up quickly. If not managed proactively, they can become unmanageable in a short amount of time.

Your nest egg is small or non-existent. If you‘re living paycheck to paycheck, chances are you have not had the opportunity to save much or any money. Many people live their entire lives this way, always being vulnerable to happenstance and potential financial disaster when things go wrong. If you find yourself in this position, you could be on the road to bankruptcy.

If the above descriptions fit you and your family’s situation, call Behm Law Group, Ltd. at (507) 387-7200 and let us help you find an equitable resolution for your financial difficulties. We’re standing by to assist you with all of your bankruptcy needs.