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Behm Law Group, Bankruptcy Attorneys

Bankruptcy News & Recent Cases

Social Media Common “Cents” During Your Bankruptcy Filing

April 25th, 2016 · No Comments

Filing for bankruptcy can be a challenging process in the Fairmont, Minnesota area. There are a lot of specific details to take care of, including signing paperwork, organizing debts, and working with creditors. In the midst of all these steps and processes, it may be tempting to let off a little steam. Doing it over social media, however, is not recommended.

50 Cent learned this the hard way when his apparently affluent social media posts created dissent in the bankruptcy courtroom. Though 50 Cent claims the hundred dollar bills decorating his Instagram pictures were all fake and only included to boost his personal brand, the bank isn’t so certain. Could 50 Cent be hiding assets instead?

Considering 50 Cent’s position, it’s important to note how to manage your social media accounts in the midst of bankruptcy. Here’s what to do:

DO: Maintain your personal privacy. The fewer posts about money, the better!

DO NOT: Allow yourself to appear affluent. Although it may be tempting to boost your personal appearance through social media posts, bankruptcy courts may find this deceptive information worthy of investigation. This will only prolong your filing process, and keep you from achieving a quick end result!

DO: Be honest and up front with those assisting with your bankruptcy filing. The more transparent you can be about your financial status, the better!

DO NOT: Hide assets. Whether or not your social media posts reflect your monetary status, it’s important to remain truthful during your filing.

Most of us in the Fairmont, Minnesota area don’t have money like 50 Cent. Though we likely won’t be flashing one hundred dollar bills—fake or real—on Facebook or Instagram, it’s important to remember honesty and privacy when going through a filing. Most of the time, that means keeping your bankruptcyrelated posts to yourself!

For more information about your bankruptcy filing, contact the folks at Behm Law Group Ltd. today!

 

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Bankruptcy Spring Cleaning in the Owatonna, Minnesota Area

April 11th, 2016 · No Comments

It’s spring in the Owatonna, Minnesota area, which means that our wintry state is finally coming back to life. Flowers are blossoming, the sun is peeking out from behind the clouds, and the season for “spring cleaning” is officially upon us. That means it’s time to clear those old belongings out of your garage and sweep those stacks of junk mail into the recycling.

So, if you’re cleaning out your garage and desk, why not also take a look at your finances? Now that it’s spring, maybe it’s time to seriously consider that bankruptcy filing you’ve put on the back burner for so long.

Here are a few reasons to finally get around to your personal bankruptcy filing this spring:

Debts Accumulate: Those debts don’t go away; they only grow larger. Rather than allowing debt to pile up further, it’s best to consult a professional bankruptcy attorney about a filing.

Peace of Mind: Does thinking about your finances cause you stress or duress? Cleaning out your finances through a bankruptcy filing can also help clear your mind of unnecessary worry, allowing you to focus your thoughts on happier things.

Available Resources: If you’ve felt overwhelmed at the prospect of beginning a filing, or you don’t know who to ask for help, look no further than Behm Law Group Ltd. Bankruptcy is our specialty, and our professionals are ready and waiting to help with your personal bankruptcy filing.

The season for spring cleaning is upon us in the Owatonna, Minnesota area. Once you finally sort through those old coupons, toss out that broken shovel, and clear your home of any messes, why not take a look at your finances, too? The professionals at Behm Law Group Ltd. are here to help with your bankruptcy filing. Contact us today.

 

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Go for Broke in the St. Peter, Minnesota Area

April 4th, 2016 · No Comments

On April 5th, it’s “Go for Broke” day in the St. Peter, Minnesota area and across the United States. Although this is a little known holiday, it celebrates one of the most decorated military regiments in the history of the United States Army. This infantry regiment is known for their motto, “Go for Broke,” and for their ability to take a leap of faith despite uncertain obstacles.

When it comes to your personal bankruptcy filing, this phrase may be especially fitting. Although the idea of going for broke may seem challenging, frightening even, this week is the perfect opportunity to file for bankruptcy despite your uncertainty or fear of the potential obstacles ahead.

Here are a few reasons to consider filing this week:

Stop the Phone Calls! Are you tired of receiving ongoing calls from creditors asking you to repay your debts? Have you been evading creditors for an extended period of time? It’s time to take your debt. She also used to be a freelancer for MLT apparently. into your own hands. Take a leap and follow through with that bankruptcy filing!

Discharge Debt and IRS Taxes: Rather than accruing even more debt as you put off your filing, contact the professionals at Behm Law Group Ltd. to help get your filing started. It’s important to be in control of your own financial future, rather than allowing it to become even more unmanageable.

Stop Foreclosure: If you feel fearful about oncoming foreclosure as a result of your debt, bankruptcy may be the best option for you. This will allow the foreclosure to halt, giving you the opportunity to structure a payment plan that will cover all debt relating to your mortgage.

Start Fresh! Filing for bankruptcy is the perfect way to “go for broke,” because it will allow you to start over and repay your debts. When going for broke, you will actually be going for financial health, future security, and new beginnings.

Go for broke this week in the St. Peter, Minnesota area. Although bankruptcy may seem like a frightening process or an obstacle to your financial health, filing will allow you to start fresh this spring. Contact the folks at Behm Law Group Ltd. today.

 

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The Third Time’s the Charm: Hershey and Bankruptcy in the Mankato, Minnesota Area

March 30th, 2016 · No Comments

Easter has come and gone in the Mankato, Minnesota area, which means you’ve likely got a little extra candy on hand. Perhaps you love festive chocolate bunnies, or maybe Reeses eggs and special caramel candies are your favorite seasonal treat. Regardless, many of the items in your basket this year have something in common: they’re made by Hershey.

Although Hershey is an incredibly successful company today, their history includes times of struggle and even bankruptcy. For the company, two bankruptcy filings were their best option on the path to success. So, grab your chocolate bar and settle in for a little Hershey bankruptcy history:

Milton Hershey opened his first candy store in Philadelphia. He had no formal education, and only a few years as an apprentice to prepare him for this venture, and it was ultimately unsuccessful. His Philadelphia company could not sustain itself, so Hershey was forced to file for bankruptcy.

Following this initial bankruptcy filing, Hershey took his remaining assets to Chicago and New York. He worked hard to expand his chocolate and candy company, but despite his new efforts, Hershey was forced to file a second time.

During his third goaround, Hershey refined his products to include a new caramel recipe. When he attempted his third store, it became a smashing success. Thanks to his two bankruptcy filings, Hershey was able to start fresh with two different ventures. As they say, the third time’s the charm!

Without bankruptcy, your basket may have been empty this Easter in the Mankato, Minnesota area! It can seem frightening or daunting to file, but in many cases like Hershey’s, bankruptcy is truly the best option.

Keep your basket full this Easter season. For further inquiries about bankruptcy, contact the professionals at Behm Law Group Ltd. today.

 

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Spring Ahead with Your Bankruptcy Timeline in the New Ulm, Minnesota Area

March 22nd, 2016 · No Comments

Last weekend throughout the New Ulm, Minnesota area and across the country, folks set their clocks ahead one hour. Time has been a topic of conversation throughout the last week as we’ve been adjusting to new times for daylight and nightfall and work to recover lost sleep.

When it comes to your personal bankruptcy filing, time is also an important topic of conversation. Do you know how long it takes to undergo a Chapter 13 filing or how many days you have to wait before initiating your petition?

In today’s post, we’ll examine a few important aspects of your personal Chapter 13 bankruptcy timeline:

180 Days: After going through a counseling session with an attorney, the credit counseling certificate of completion you receive is good for 180 days. If you don’t file within this 180 day time frame, the certificate of completion will expire and you will have to re-take the credit counseling course and pay the course fee again.

30 Days: Once bankruptcy has been filed, the first payment to your bankruptcy trustee will be due within 30 days.

45 Days: In about forty-five days, the court will hold a formal creditor meeting. This will be an opportunity for you to testify under oath about information regarding your bankruptcy filing.

Two Hours: This is the length of the required bankruptcy education course once your case has been accepted and discharged.

Three to Five Years: With Chapter 13 cases, this is the typical amount of time it takes to formally discharge bankruptcy. This is also contingent on the successful completion of the predetermined pay schedule.

Time is of the essence in the New Ulm, Minnesota area. If youre considering a personal bankruptcy filing, or if you feel like Chapter 13 may be the best option for you, it’s important to understand the length of time required for such a case.

For further information regarding your bankruptcy case, or to learn more about the process of filing, contact the professionals at Behm Law Group Ltd. today.

 

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Dismissal Versus Discharge in the Worthington, Minnesota Area

March 15th, 2016 · No Comments

In the Worthington, Minnesota area, going through the bankruptcy process can be a bit confusing. There are papers to complete, assets to assess, and numerous monetary concerns to consider. Which document means what, and how exactly does one get through the process with the most success? Where to begin a filing and where to end it?

Though the process can be troublesome, it’s important to make sure that you understand the language used throughout your personal bankruptcy filing, especially when it comes to the difference between “discharging” or “dismissing” debts.

In today’s post, just in time for St. Patrick’s Day, we’ll examine the distinctions between these two separate processes, one of which is fittingly known as “the pot of gold.”

Discharge: This process is truly the pot of gold at the end of a bankruptcy filing. If your case is discharged, that means that all former debts are satisfied and creditors may no longer hold you responsible for past expenses. In this outcome, the filer is truly free of their debts and is clutching onto that pot of gold, successfully walking away from their bankruptcy case.

Dismissal: Dismissal is somewhat more complicated than discharge. There are three specific reasons for this:

  1. Dismissal means that the entire bankruptcy filing is deemed void.
  2. Dismissal can sometimes occur before, during, or after a bankruptcy discharge. This can yield different results depending on the personal situation and can be either a positive or negative outcome.
  3. Dismissal means creditors still have the ability to pursue past debts. This means that filers are not free of their debts.

Of these two options, those filing for bankruptcy typically hope for a discharge rather than a dismissal. Especially around this time of year, everyone is searching for a pot of gold!

In the Worthington, Minnesota area, your personal bankruptcy filing should be clear and easy to understand. For all your concerns regarding bankruptcy, contact the professionals at Behm Law Group Ltd. today.

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The Case for Discharging Student Loan Debt in the Mankato Minnesota Area

March 6th, 2016 · No Comments

Over the past few weeks, we’ve been examining how to discharge student loan debt in the Mankato, Minnesota area. Bankruptcy is an option in specific circumstances, but does not always apply to every student. So, how are you supposed to know whether or not your case is valid?

This week, we’ll take a look at a few cases of student loan debt that arrived in bankruptcy court. Although some were more successful than others, each of these cases offers an important look into the world of discharging student loans through bankruptcy:

  1. Case One: This case involves a telemarketer working for $8.50 per hour. At fifty years old, barely making enough to get by, this person was released from their student loans through bankruptcy because they were trapped in a cycle of poverty and debt.
  2. Case Two: A part-time cellist and music instructor came to bankruptcy court after years of attempting to pay student loan debt. This person was denied their claim because, despite their college degree, they had chosen to accept low paying work. The courts ruled in this case that the individual could be capable of earning more money.
  3. Case Three: A married couple obtained a discharge through bankruptcy because they were both working part time jobs and paying private school tuition for their children. The courts ruled this couple could follow a future repayment plan for their student loans.
  4. Case Four: Generally speaking, if the borrower attended a school deemed fraudulent, or if their education was not ultimately beneficial to them, the courts often rule to discharge the borrower’s loans through bankruptcy.

There are a number of ways in which student loans can impact people in the Mankato, MN area. Whether you’re trapped beneath your student loans, or curious whether or not you may have a bankruptcy case, the professionals at Behm Law Group, Ltd. are here to help. Give us a call today.

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Bankruptcy Relieves Student Loan Debt in the Waseca, Minnesota Area

February 28th, 2016 · No Comments

For many students nearing graduation in the Waseca, Minnesota area, it can be overwhelming to consider their impending student loan debt. Although many believe that this particular type of debt cannot be discharged through bankruptcy, there are actually a few specific circumstances where bankruptcy can grant individuals relief from their debt.

If you’re struggling to repay student loans or fearful about the future of your upcoming debts, it may be time to take an important examination to determine whether or not you’re eligible for bankruptcy.

In Minnesota, the standard for determining whether or not you’re able to discharge student loan debt through bankruptcy is known as the “totality of circumstances” test. Though school is full of exams and quizzes, this may be one of the most helpful tests you’ll ever take. So, let’s do a little studying up on the totality of circumstances test:

The totality of circumstances test addresses all relevant factors influencing your ability to pay back student loan debt rather than just a few specific ones. Here are a few personal, relevant factors that may impact your ability to pay back your debt:

  1. Are you able to purchase necessities such as food and housing? You need food, water, and housing in order to survive. That goes without saying! However, if you’re unable to afford these basic items as a result of your debt, it may be time to consider bankruptcy.
  1. Are you trapped in a cycle of debt? This means that you’re continually unable to pay off your loans. If so, this may be a circumstance that can contribute to a bankruptcy filing.
  1. Are you working towards repaying your debt? Making regular payments certainly shows that you’re putting in the effort to be rid of your debt, but if that effort is not enough, bankruptcy may be a viable option!

In the Waseca, Minnesota area, discharging student loan debt through bankruptcy may be the best option for people who pass the totality of circumstances test. To determine your eligibility, or to learn more about bankruptcy filings, contact the professionals at Behm Law Group Ltd. today.

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Two Ways to Discharge Debt in the Marshall, Minnesota Area

February 21st, 2016 · No Comments

In the Marshall, Minnesota area, students may find repaying their student loan debt challenging. For those former students struggling to overcome the weight of crippling expenses and education-related debt, Behm Law Group Ltd. can help!

Last week, we discussed how to examine whether or not substantial student loan debt could be discharged through bankruptcy. The first step is to take the Brunner Test, and after determining your personal financial situation regarding your ratio of debt to credit, it’s important to take a look at your options for discharging student loans through bankruptcy.

Here are two different options for discharging your personal student loan debt:

  • Privacy Issue: Did you utilize student loans to help pay for your private college education? If so, you may be able to discharge your student loans by redefining their purpose! Federal aid is often not available for students attending private or smaller schools, which makes private student loans a necessity rather than a choice. Since the choice to use federal student aid was not available, these private loans can be considered something other than an “education” loan and can be discharged legally through bankruptcy.
  • Attendance Record: Did you use federal student loans in order to pay for anything other than tuition or school fees? In the past, some folks struggling with student loans and bankruptcy have argued that non- “cost of attendance” expenses, or non-tuition related expenses such as computers, can be discharged from their student loan debt. However, borrowers beware! Oftentimes, loans require that students initially agree to consider additional expenses within the “cost of attendance” when getting their student loans.

Although student loan debt and bankruptcy can be equally frightening to folks in the Marshall, Minnesota area, there are options to consider. By examining the definition of these loans and considering the classification of “cost of attendance” loans, students can save themselves from years of challenging payments or debt.

For more information regarding student loan debt and related bankruptcy, contact the professionals at Behm Law Group Ltd.!

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Avoiding Ponzi Schemes and Bankruptcy in the Mankato, MN Area

February 14th, 2016 · No Comments

In the Mankato, Minnesota area and throughout the rest of our country, folks have heard stories about Tom Petter’s infamous ponzi scheme involving false electronic sales. Although the case was filed approximately seven years ago, difficulties in processing this complex case have caused a series of delays and a number of bankruptcy filings from Petter’s victims. Fortunately, this case recently had another day in court, bringing Petter’s victims closer to justice and financial stability.

To maintain your own financial health and well being, it’s important to understand the warning signs related to fraud or ponzi schemes. Here are a few signs that a deal is likely too good to be true and that it may lead you to bankruptcy:

  • Advise Safely: If you are consulting with a financial advisor, make sure that they’re accredited and truly qualified to help you with your money. Allowing others access to your banking information and statements requires a great deal of trust, so in order to avoid potential bankruptcy, be sure to do your research!
  • Custodian Versus Manager: Before selecting an advisor, understand the distinction between an advisor and a custodian. A custodian only possesses your accounts, whereas a manager actually makes transactions. These two positions should be separate, otherwise you’re allowing one person far too much access to your finances, and you could ultimately be heading towards bankruptcy!
  • Be a Skeptic: Does something about your banker seem odd? Are you receiving a pitch for a strange product or service that seems too good to be true? It likely is too good to be true, and it may cause you personal financial woes or even bankruptcy. It’s important to be aware of all the risks and to have all the information before committing yourself financially!

Before making these important financial decisions in the Mankato, Minnesota area, be sure that you understand exactly what you’re getting into and who is getting into it alongside you. With a discerning eye, you’ll be able to avoid ponzi schemes and the resulting bankruptcy or financial woes.

For further information regarding bankruptcy, contact the professionals at Behm Law Group Ltd. today.

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