*/ ?> Behm Law Group, Bankruptcy Attorneys - Bankruptcy News & Recent Cases - Page 29

Behm Law Group, Bankruptcy Attorneys

Bankruptcy News & Recent Cases

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

June 24th, 2015 · No Comments

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.

→ No Comments Tags: Bankruptcy Advice ·

Know Your Business Partners in Mankato, Minnesota

June 17th, 2015 · No Comments

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.

→ No Comments Tags: Business Partner Bankruptcy ·

How Do You Insure Against Bankruptcy in the Mankato Area?

June 10th, 2015 · No Comments

Recently, an Amtrak train derailed in Philadelphia. It was reportedly going twice the posted speed limit around a curve. Several people were injured. The driver reportedly couldn’t remember anything. If you owned Amtrak, what would you do? Would your insurance cover any potential lawsuits? Maybe you’re not concerned in the Mankato, MN area because you don’t think any comparable accident would happen here. But then again, if it did, you’d want to contact Behm Law Group, Ltd., the bankruptcy specialist attorneys.

Whether it’s a train accident or some other accident, sometimes there’s negligence involved, sometimes not. You hope your insurance would cover any calamities. But, does it? the insurance limit you choose can be a matter of speculation. How do you know when you’ve reached a sufficient amount? You can talk to your insurance agent about that.

If you’re wondering about any potential liability on your part, include the bankruptcy attorneys at Behm Law Group, Ltd. in your discussion. Because, if a catastrophic accident does occur, it would be helpful to know your options before disaster strikes. Afterward, you’ll be overcome with emotion and not as likely to be able to deal with the situation logically.

While Mankato, Albert Lea, and Owatonna are smaller communities, even a small accident could become catastrophic for a business. As your business evolves, consider updating the insurance requirements.

Instruct your employees in proper safety procedures. Make sure they have adequate rest, especially if they work in a critical area. Have a regular maintenance check-up schedule for your equipment.

If you’ve covered all the aspects of safety first, that will work to your advantage later on if you ever do have a serious accident. If you find yourself contemplating filing for bankruptcy, consult with the bankruptcy attorneys at Behm Law Group, Ltd. to discuss your options.

→ No Comments Tags: Bankruptcy Advice · Bankruptcy Information ·

What does a Municipal Bankruptcy Mean?

May 29th, 2015 · No Comments

When it comes to money, emotion can wreak havoc in our lives. A relative or friend uses a doleful expression to request a “loan” to stay out of dire circumstances. After a while, these “loan” requests become more frequent. Now that you’ve started a precedent, how do you stop? This same dilemma can happen with Minnesota cities just like Mankato, Owatonna, and Albert Lea. The bankruptcy attorneys at Behm Law Group, Ltd. want to illustrate a case in point.

It used to be that cities which experienced financial difficulty simply increased taxes. Then came The Depression of the 1930s. This method no longer worked.

Subsequently, a Chapter 9 municipal bankruptcy law was created. Only about half of the states in the U.S. incorporated this law into their systems according to an article by Adrian Shirk.

Since 2008, over 50 cities have filed for Chapter 9 bankruptcy; only 13 successfully. By far the largest municipal bankruptcy in the U.S. is Detroit, Michigan.

Cited Reasons for Detroit’s Bankruptcy

Detroit filed for Chapter 9 bankruptcy on July 18, 2013. To many, this result was inevitable. After reviewing Detroit’s financial history since the 1950s, reporters Nathan Bomey and John Gallagher concluded that time and time again, city leaders either refused or failed to enact tough decisions that could have staved off financial collapse.

They cited these factors as having the greatest impact on Detroit’s bankruptcy filing:

  • mass departure of city residents
  • sharply decreasing tax revenues
  • soaring home abandonment
  • billion-dollar borrowing by city leaders
  • creation of new taxes
  • failure to reduce expenses when necessary
  • large bonuses given to workers and retirees
  • failure to reduce health care benefits

All of these factors over many, many years spelled financial disaster. It seems some leaders never want to play the bad guy. In so doing, they become the bad guy anyway.

Let us explain. When people encounter difficult situations, your heart may go out to them. But, when it comes to money, a leader has to weigh the considerations of all residents. It’s not about making people happy in the short term by giving them money. It’s about how to effectively use taxpayer money to achieve the best, long-term results. This takes thorough planning, discipline, transparency, and effective communication.

A city needs to be run like a business. Leaders have to pay for street lighting, signs, police, fire, utilities, courthouses, public schools, public hospitals, parks, other public properties, and municipal salaries, benefits, and pensions.

In fact, the top two sources of municipal debt are the employee salaries and benefits of both current and retired employees.

Just like in a personal household or in another business, when income declines and expenses stay the same or increase, adjustments need to be made to stay out of debt. In a city’s case, city services suffer first. Maintenance items get postponed. Residents have to endure the new normal. City morale tanks.

Sometimes, the state offers to provide money in exchange for taking more control over the city’s budget.

Some Decisions Detroit Made After Bankruptcy

In Britain, if a city were to file for bankruptcy, everything would be liquidated. In the U.S., the counterparties have to stay as long as they are assured their debts will be paid.

This rule was fortunate for Detroit. Creditors eyed the 57,604 piece collection of artwork in the city-owned Detroit Institute of Art. Instead of auctioning everything off and losing part of the city’s culture, the collection was divested to a series of charitable trusts. For the next 20 years, the Detroit Institute of Art “committed to contribute $100 million to the city’s recovery.”

In addition, Detroit agreed to:

  • restructuring labor union pensions
  • utility shut-offs
  • state loans

According to the Michigan Constitution, pensions can’t be cut; however, Chapter 9 bankruptcy takes precedence over this rule.

While Detroit had more than 100,000 creditors, far more than you would ever likely have, we can still learn from Detroit’s predicament.

Steps to Avoid Bankruptcy

Work to keep income greater than expenses. If circumstances change, drill down to discover the root cause, and act accordingly. Do not react emotionally or let your emotions dictate how to spend your money. At times, that can be easier said than done.

Have a financial plan. Follow your plan. Scrutinize changes. Follow up with careful decision making. Even with that, if you ever have questions about bankruptcy in Mankato, Albert Lea, or Owatonna, MN, consult the bankruptcy attorneys at Behm Law Group, Ltd.

→ No Comments Tags: Bankruptcy Information ·

Recovering Tuition in Bankruptcy in Mankato, Minnesota

May 28th, 2015 · No Comments

For parents in and around Mankato, MN, imagine your sons and daughters going to college. Emotions overflow. A new adventure awaits. All that hard-earned money is finally producing more educated citizens. Now you have the time to pursue other interests. Behm Law Group, Ltd. congratulates you on this new chapter in your life.

Let’s fast forward a couple of years. Let’s say you’ve incurred a large amount of debt. You worry. Your financial decisions don’t seem to bring you much income, so you file for bankruptcy. At least your children’s futures will be better, you think. They’re already well on their way to achieving degrees.

There’s one slight hiccup the bankruptcy attorneys at Behm Law Group, Ltd. want you to be aware of. When someone files for bankruptcy, the court normally appoints a trustee. What do you think that trustee’s job is? It’s not to safeguard your money. Rather, it’s to help creditors recoup as much money as they can.

In fact, court-appointed trustees can review payments made 4-6 years prior to the bankruptcy in most states. If there doesn’t appear to be a viable need for that spent money, it can be re-taken by the trustees. Essentially, the end result would be as if you never spent the money in the first place.

Whoa, you exclaim! How could that affect you? Remember that tuition you paid? You may view that expense as essential and beneficial. Of course, your children can prove the education made their lives better. Or, can they?

Actually, in many cases, a court-appointed trustee can and has recovered spent tuition monies. Now you’re wondering what your rights are. We’re glad you asked.

Contact the bankruptcy attorneys at Behm Law Group, Ltd. for your bankruptcy needs in the Mankato, Minnesota area. Find out what trustees can and can’t do in your situation. Find out how recovered tuition would impact your child’s education. Get some answers and some peace of mind.

→ No Comments Tags: Bankruptcy Information · Minnesota Bankruptcy ·

Heirlooms & Bankruptcy in Mankato, Minnesota

May 26th, 2015 · No Comments

You might think all you need is more money. Then you would never have to worry about bankruptcy. You could buy all sorts of expensive items and live in luxury. Certainly, it’s possible to live luxuriously without declaring bankruptcy. It’s possible to live modestly without declaring bankruptcy, too. Either way, you’re likely to have some family heirlooms that have been passed down through the generations. If you declare bankruptcy, can you keep those heirlooms? Or, would you have to give them up to pay creditors? The bankruptcy attorneys at Behm Law Group, Ltd. declare that it depends. Whether you live in Mankato, Faribault, Albert Lea, or Owatonna, MN, circumstances can differ between cases

If you ever find yourself in a financial bind, creditors will be looking at your assets and nipping at your heels for any way they can collect on their money. They have to follow rules in this process, however.

If you are contemplating bankruptcy now or in the future, please seek legal advice first. Behm Law Group, Ltd. specializes in bankruptcy and can help you work with creditors. We can inform you of your rights under bankruptcy law and what you can and cannot do. We can clarify future expectations. We can help you in southeastern Minnesota with a professional and courteous manner.

Whenever someone experiences a loss on TV due to a natural disaster of some sort, he or she inevitably expresses thankfulness for surviving and a will to re-build, but regret at having lost items of sentimental value. Family heirlooms have sentimental value.

It can take many years to acquire them. The memories remain priceless. Before you even consider relinquishing those treasures during a bankruptcy, let us review your options with you at Behm Law Group, Ltd.

It’s possible to re-build and to start over. It’s possible to buy new things. In a disaster it’s not always possible to keep remnants of family history. Let the bankruptcy attorneys at Behm Law Group, Ltd. work with you in Mankato to make sure any bankruptcy you encounter doesn’t become a disaster. Contact us today.

→ No Comments Tags: Bankruptcy Advice · Bankruptcy Information ·

Rebuilding After A Bankruptcy in Mankato, MN

May 21st, 2015 · No Comments

For business owners in Mankato, Albert Lea, Owatonna and Faribault, MN, are you worried about what protesters could do in your area? We have seen the mayhem and destruction caused by protesters in larger cities across the country for some time now. Who’s to say where this chaos will move to next? If such an event happened to you, should you rebuild after declaring bankruptcy? Behm Law Group, Ltd. believes these are all good questions. Planning never hurt anyone. Failing to plan has.

We’re assuming that an act of destruction to your business would cause you to declare bankruptcy. Such may not be the case, especially if you have adequate insurance. The question of rebuilding remains either way.

You could decide that protests occur in enough areas and it would be difficult to escape them. You’ll rebuild and take the chance nothing bad will happen again. Or, maybe you were thinking about retirement. The insurance settlement would help you to live a life of peaceful enjoyment.

There is another option you may not have considered. Many people dream of doing something else. Are you one of these people? You have made a decent living toiling away at your business in Mankato, Albert Lea or Owatonna, but your soul doesn’t feel complete. Then bankruptcy comes along. You didn’t want this. You certainly wouldn’t recommend it. But, in this case, maybe it makes sense for you.

Perhaps bankruptcy would close one chapter, so you could start the next. Perhaps you could now pursue another hobby or interest with gusto and make it into a new business venture. You know you have the entrepreneurial skill set. You know you have the drive. Now you also have the passion.

Maybe you’re not worried about protests reaching your city. That doesn’t mean some other circumstance wouldn’t result in the same outcome.

The bankruptcy attorneys at Behm Law Group, Ltd. want you to dream big. What do you really want to do when you grow up? You could define your next steps in your plan.

You might decide you don’t want to wait for bankruptcy. You want to start now with your new business idea. Why not?

With any business, you have to expect the best, but plan for the worst. Include Behm Law Group, Ltd. in your planning. If nothing else, you will have the peace of mind of knowing what your next steps would be. Contact us today.

→ No Comments Tags: Bankruptcy Information ·

Business Partners and Bankruptcy in Mankato, Minnesota

May 1st, 2015 · No Comments

Does becoming an entrepreneur sound exciting, yet scary, to you? Would you feel more confident if you could have a business partner? After all, they say two heads are better than one. Of course, you’ve chosen the right person, someone nice and funny. Maybe this person resembles yourself. The bankruptcy attorneys at Behm Law Group, Ltd. strongly suggest you vet any potential business partner to help avoid bankruptcy in Mankato, Minnesota.

You might think we’re simply being pessimistic or, because we’re lawyers, we’re just trying to garner some business. Ask yourself though; how well do you really know this person? How well do you really know anyone? Even people in established relationships have been shocked to find out something about their partners that they never knew before. A relationship is just one aspect to consider.

Starting a business requires money. First, you have to seriously look at how you handle money. If your potential partner handles money just like you do, you’ve only found a similarity. If you know you have money issues, then the partner would have those same issues. And you thought bankruptcy wasn’t a possibility in Mankato, Minnesota, because the partner seemed “nice.”

What if the partner handles money differently? Now you have a potential conflict. How are you at dealing with conflicts and disagreements? How does your partner take care of such matters? If you have a business agreement, do you stipulate how differences are to be addressed? Are you still satisfied that being nice is the only qualification for becoming a business partner?

The bankruptcy attorneys at Behm Law Group, Ltd., would like to suggest you vet any potential business partner. No relevant topic should be considered too sacred to discuss, including bankruptcy. Consider researching the person’s background, observing him or her in various situations, and asking others for their unvarnished opinions. The time you invest in uncovering answers now may help you avoid bankruptcy later on.

If you decide to start a partnership after a thorough analysis, make sure you draft a business agreement that incorporates all important points. Don’t leave anything to chance. Once a disagreement arises, you will both feel better that a written course of action exists. At the point of contention, you will be able to focus on specifics rather than becoming embroiled in emotions.

The bankruptcy attorneys in Mankato, Behm Law Group, Ltd., are here for you should bankruptcy issues surface. And, by the way, we’re nice, too. We don’t just act that way. We are that way. Unless you’re the other guy. Then we’re tenacious. Don’t believe us? Just call Behm Law Group, Ltd. to find out.

→ No Comments Tags: Business Partner Bankruptcy · Minnesota Bankruptcy ·

Can Intentional Sabotage Cause Bankruptcy Around Mankato, Minnesota?

April 21st, 2015 · No Comments

Over the past few weeks we have been bombarded with news stories regarding the Germanwings co-pilot who deliberately crashed a plane directly into the French Alps. An unimaginable, unspeakable act–yes. Yet, we need to talk about it. Certainly, the parent company of Germanwings, Lufthansa, never dreamed this could happen. There is speculation Lufthansa may not be able to survive the anticipated lawsuits of the 150 passengers who perished.

Can intentional sabotage of your business or home cause bankruptcy? The short answer is yes, it could. However, there are many factors to consider. What does your insurance cover? How carefully do you screen your employees? How carefully do you screen your visitors? What is the wording in your business contracts? These reflect some of the considerations.

We aren’t advocating paranoia in southern Minnesota. Far from it. We only want you to take a closer look at your situation. If you employ some common-sense strategies, it’s likely you could minimize your exposure to risk.

For instance, given the current craziness in the world today, how likely is it that you could be subjected to sabotage? People wanting to make a horrific statement seem to choose some businesses more frequently. Is your business one of those?

Do you have a thorough vetting process for your employees, or do you sacrifice safety because you choose not to spend the time? What about your conflict resolution skills? Do employees harbor resentment because they don’t believe they’ve been heard? How difficult is it for you to incorporate needed change?

Do you have a procedure to handle visitors? Or do they roam around unattended with everyone assuming they have a right to be there?

The answers to these questions will be different depending on your business and your locale. While the bankruptcy attorneys at Behm Law Group, Ltd. don’t pretend to know your business better than you do, we could certainly help you in determining what your risk of bankruptcy would be in the event of intentional sabotage.

Behm Law Group, Ltd. specializes specifically in bankruptcy and can answer all of your bankruptcy questions in St. Peter, New Ulm, Mankato, Fairmont, Albert Lea, RedwoodFalls, Worthington, Marshall, Waseca and Owatonna, MN.

→ No Comments Tags: Bankruptcy Advice ·

Accidental Bankruptcy in the Mankato, Minnesota Area?

April 20th, 2015 · No Comments

You’re in your parked car ready to drive away. Then it hits you. Literally. Another driver backs into you. Perhaps they were distracted. You don’t care about that. You care that your car is damaged, and your back hurts. You sue for damages. The other driver files for bankruptcy. What now?

Typically, when someone files for bankruptcy, in some cases, their debts can be erased. You’re probably wondering why someone would be able to shirk responsibility under the guise of bankruptcy, especially if filing after the fact, whether in Mankato, Owatonna, or Albert Lea, MN.

Bankruptcy isn’t always as simple as we’d like it to be. Lots of factors can affect a legal decision. We encourage you to contact Behm Law Group, Ltd. when you’ve encountered a situation similar to the one above.

Depending on your viewpoint in the Mankato, MN area, bankruptcy may be an advantage or a hardship. Although it may seem like an easy pass like in the example above, qualifiers do exist to prevent people from wrongfully filing for bankruptcy. Some types of debt can be extremely difficult to discharge. Some examples of debts that could follow you continuously include:

• Child support and alimony
• Student loans
• Tax debt
• Any debt not mentioned in the bankruptcy paper work

Just because someone filed for bankruptcy after a car accident they caused does not necessarily mean that they don’t owe you anything. In certain cases, judges can be convinced that certain debts should remain.

The bankruptcy attorneys at Behm Law Group, Ltd. can answer all of your questions regarding bankruptcy in Mankato, Faribault, Waseca, Fairmont, Worthington, Redwood Falls, St. Peter, Marshall or New Ulm, MN, accidental or not. Bankruptcy law can be confusing and emotionally draining, but with our help, you can get through it. Contact us today!

→ No Comments Tags: Bankruptcy Information ·