Behm Law Group, Bankruptcy Attorneys

If you’re preparing to file for bankruptcy, it’s important to understand the limitations before entering into the process. Bankruptcy is an extremely beneficial tool for those struggling with debt, even with a high income. Despite its effect on your financial credit rating, bankruptcy is an effective solution for immediate financial recovery and long-term stability for an individual consumer or business. The requirements of bankruptcy are strict in order to prevent abuse, but with the help and protection of Behm Law Group, Ltd. attorneys, you can successfully file for bankruptcy in Worthington, MN.

Because most individuals and small businesses that file for bankruptcy don’t have the legal knowledge of a trained attorney or a team of lawyers a larger company might have to help them through the process, it’s critical to take advantage of professional assistance in the form of a bankruptcy attorney. Behm attorneys are highly knowledgeable and capable of working through your case for a positive outcome as well as protecting you from creditor harassment and advising and educating you along the way.

One common concern we hear from our clients is about debt amounts when entering the bankruptcy process. Some of our clients worry they may have too little debt to file, while others face the opposite. When it comes to minimum and maximum debt limits, the requirements are, fortunately, quite straightforward.

Minimum Debt

There is no court-set limit on the minimum amount of debt you need to file for bankruptcy. You may have limits on your income if you plan on filing for Chapter 7 bankruptcy, but all filers must pass the Means Test, which will determine your eligibility. The only limits on a minimum debt will be put in place by your own judgment. If you have a debt amount so low that it doesn’t justify bankruptcy and attorney costs, you may want to resolve your debts another way. Additionally, if you have high debts but they are excepted from the bankruptcy discharge, you won’t gain much from a case. High credit card debts, medical bills, mortgages, and car loans are all common debts that will be relieved in the bankruptcy process and will certainly justify a case even if they’re as low as $5,000.

Maximum Debt

The U.S. Bankruptcy Court does set a maximum limit on the debt amounts that can be resolved in a bankruptcy case. These limits are very high, but occasionally we see clients that struggle with this compromise. For a Chapter 13 case, this maximum amount currently stands at $1,184,200 for secured debts and $394,725 for unsecured debts. Chapter 7 doesn’t have a current maximum debt limit, but again, you must pass the Means Test to be eligible for a petition.

 Find Expert Help When You File for Bankruptcy

If you have debts you would like to resolve through bankruptcy and want to learn more about your eligibility and the process as a whole, contact Behm Law Group, Ltd. today at (507) 387-7200 for more information about filing for bankruptcy in Worthington, MN.

When you work with a lender to enter into a property loan agreement, you will most likely have a voluntary lien built into that contract. Property liens are effective methods for lenders to secure the loan value they give you in case of bankruptcy or other inability to repay. All liens act to protect the lender, but they can take many different forms in addition to the common car lien or mortgage lien. If you are struggling to meet debt payments on a lien regarding secured debt and you choose to file for bankruptcy in Mankato, MN, Behm Law Group, Ltd. offers the legal advice and professional counsel to help you build a strong case and understand how your lien-secured property and debts will be handled.

While the common types of liens often deal with homes, cars, and other properties most individuals and businesses own, there are specialty liens that come into play for specific situations. One the more unusual liens you may encounter is a Mechanic’s Lien.

How it Works

Like other liens, a Mechanic’s Lien protects the lender if a borrower can’t repay the loan. These liens are sometimes called construction liens because they come into play for contractors and construction crews as well as mechanics, suppliers, designers, and professional builders. A Mechanic’s Lien is a legal document that gives a mechanic or other specified professional who signs and files the lien the right to collect payment. If you hire a contractor to remodel your kitchen, for example, that contractor is allowed to do several things if you refuse payment for services. First, they are allowed to file a lawsuit against you for the amount owed, and second, they can contribute to forcing you into bankruptcy if you have other creditors you’ve also refused or been unable to pay. Whatever action they take, they will have to file a Mechanic’s Lien to be guaranteed repayment.  They are secured as to the asset that they perform services on.  For instance, if a roofer installs a new roof on your house, the roofer could obtain a mechanic’s lien against your house as security for repayment.

How it Works in Bankruptcy

If you file for bankruptcy, voluntarily or otherwise, the creditors involved in your case that hold a lien over your property—a Mechanic’s Lien, or any other type of lien—are considered secured creditors. This means they will come first in line (along with priority creditors, such as tax debts and child support or alimony debts) for repayment in the event your assets are liquidated, or you propose a repayment plan. In a Chapter 7 case, secured creditors receive the value gained from liquidating your assets that serve as their collateral before any other creditors, and in a Chapter 13 case, secured creditors are either repaid the value of their collateral securing the amount you owe or you must surrender that collateral.

Whether you file for Chapter 7 liquidation or Chapter 13 reorganization, your secured creditors will receive the highest payment priority in your case, including those who file for a Mechanic’s Lien. To learn more about liens and the role they play when you file for bankruptcy in Mankato, MN, contact Behm Law Group, Ltd. today.

When it comes to navigating loans, it can take a frustrating amount of information and savvy to negotiate the process from start to finish. Whether you need support to buy a car, pay medical bills, finance your business, or for any other purpose, finding the right lender is the most important step. Unfortunately, there are lenders out there who take advantage of their ability to loan money. They ruthlessly drive borrowers out of income, compromise property ownership, and even force debtors to file for bankruptcy.

Predatory lenders are a continuing problem in the U.S., but there are those out there who want to hold these vicious creditors accountable. Behm Law Group, Ltd. is dedicated to providing counsel to those considering filing for bankruptcy in Owatonna, MN, and protection from predatory lenders.

As a graduate of Max Gardner’s Bankruptcy Boot Camp, Stephen Behm is committed to fighting predatory lenders and holding them accountable in defense of his clients. If you’re facing an aggressive creditor practicing the following common predatory practices, Behm Law Group, Ltd. can help protect you throughout your bankruptcy case.

Predatory Lender Practices

1. Misrepresentation: Limited disclosure (or even false disclosure) of the terms of a loan including costs, time frames, risks, and any other fine print obligations is an immediate red flag of predatory lending.
2. Inflation: Increasing the cost of loan documents, closing charges, and preparation fees is also a frequent practice of disreputable lenders. Adding in the cost of additional components like credit insurance can also mark an untrustworthy lender.
3. Refinancing: Lenders that offer refinance loans based on home equity or offer refinancing on existing loans often push debtors to borrow more than they can pay off and impose higher interest rates and hidden fees. Additionally, refinanced mortgages from predatory lenders commonly impose balloon payments that are lower at first and quickly rise.
4. Neighborhood targeting: Predatory lenders often target low-income neighborhoods, offering loans with higher interest rates for every debtor without regard to those individual debtors’ credit history, income, or otherwise ability to meet payments.

All these practices, including several other victimizing actions a creditor may impose on a debtor, characterize a predatory lender. Debtors that have fallen into the trap of a predatory loan can quickly find themselves in over their heads with financial difficulties. These practices contribute to a large number of bankruptcy cases in the U.S., most of which are filed under Chapter 7. If you’re struggling with the effects of predatory lending and are unable to meet monthly debt payments, filing for bankruptcy might be the right choice for you.

If you choose to work with Behm Law Group, Ltd. to file your bankruptcy case and halt creditor action, you can trust our attorneys to fight predatory lenders. Contact us today at (507) 387-7200 to learn more about filing for bankruptcy in Owatonna, MN.

Debt laws vary from country to country, and within the U.S., those laws even vary from state to state. The legal minutia around the debts you owe can quickly become complicated even within Minnesota regulations, but when out-of-state debts and foreign debts are introduced, those difficulties can increase ten-fold.

These complications may never become a problem for the debtor if they continue to make regular payments month to month, but if the debtor misses payments or chooses to file for bankruptcy, it can be extremely difficult to wade through those legal waters without professional help. If you’re considering filing for bankruptcy in Pipestone, MN, and you have foreign debt in addition to your U.S. debts, Behm Law Group, Ltd. can protect you from creditor action and guide you through the process.

If you hold foreign debt, it can be discharged in your bankruptcy case. However, that debt is only officially discharged if your foreign creditors domesticate and enforce that debt.

Enforcing Foreign Debt

When you move from another country, your creditors in the original country cannot pursue collection actions unless they domesticate that debt, or you return to that country. This rule applies to bankruptcy as well, which means that if you want to discharge a foreign debt, your creditors must domesticate that debt or drop the debt completely. It may be easier to convince your creditor to domesticate a debt if they’ll gain some reimbursement from asset liquidation or a repayment plan.

Domesticated in Bankruptcy

If your foreign debt is domesticated, it will be handled in bankruptcy depending on the type of chapter you file. If you file for Chapter 7 bankruptcy, your non-exempt assets with value in excess of your allowable bankruptcy exemptions are liquidated and your debts are discharged. Complications with foreign debts arise if the country you owe debt in has differing bankruptcy laws. In most cases, these issues are related to the portioning amount of the values from liquidated assets, but this is an issue the courts will resolve for you.

When you file for Chapter 13 bankruptcy, similar issues arise with your foreign creditors in the repayment plan structure. Chapter 13 works to restructure your debts into a manageable repayment plan where you repay priority and secured debts in full and all other debts in predetermined portions from 0%-100%. If your foreign debts are unsecured, the courts may have issues deciding how much you’ll repay those creditors when their country’s legal system dictates higher or lower repayments.

Your foreign debts can be resolved in your case, but it’s important to understand how they’re enforced and what complications may arise in bankruptcy. To learn more about filing for bankruptcy in Pipestone, MN, or to get started on your case, contact Behm Law Group, Ltd. at (507) 387-7200 today.

In this fast-paced world, it’s almost impossible to go through life without incurring debt. From mortgages to car loans and credit card debt, many areas of a consumer’s financial life involve borrowing. While it’s obvious that borrowers directly gain from loans, it can be difficult to understand how lenders benefit outside of the amount they gather from interest. Understanding the full lending process is an important part of financial management, including knowing when you should file for bankruptcy because of those loans. With the help of Behm Law Group, Ltd., you can determine if, when, and how you should file for bankruptcy in Marshall, MN.

While the primary reason lenders supply loans to consumers is the percentage of interest gained in the period it takes those borrowers to repay them, they can also benefit from holding secured collateral on a debt. This collateral usually manifests as some item of property that acts as security for the lender and provides the lender the opportunity to offer better rates and sign with more customers. If you enter into an agreement with a lender on a loan with secured collateral, you have incurred a secured debt.

Secured debts always involve properties that act as security or collateral. Common secured debts include mortgages, car loans, and loans for work equipment, appliances, or luxury items. Lenders generally secure debt with the implementation of a lien, either voluntary or involuntary.

Voluntary: This is the most common form of a lien lenders will place on a secured loan. Often these liens are written into the initial contract you sign to close the agreement and allows secured creditors such as mortgage providers to foreclose on your home if you can’t make monthly home payments. Voluntary liens can also be imposed on personal properties such as tools, work equipment, furniture, and inventory.

Involuntary: Lenders can also impose involuntary liens as security interest by going through the court system. These options take forms similar to lawsuits and are usually put into place as judgment liens, but occasionally can include income tax liens, mechanic’s liens, and landlord’s liens.

Liens, either voluntary or involuntary, work to protect a creditor’s right to repayment. In the event a debtor defaults, the creditor can repossess the secured property, foreclose a home, or file court action. If a debtor chooses to file for bankruptcy, a secured creditor is protected and most likely guaranteed some repayment in the process.  At a minimum, the secured creditor would receive the collateral securing its lien which the creditor would auction off and use the sale proceeds to pay off some of the underlying debt.

If you’re struggling to meet debt payments on any of your debts, secured or otherwise, contact Behm Law Group, Ltd. today at (507) 387-7200 to learn more about filing for bankruptcy in Marshall, MN.

Bankruptcy in the U.S. is a system designed to pull individuals and businesses out of severe debt while resolving those debts with creditors as best as possible. In this way bankruptcy is a highly effective process for recovering from severely crippling debt and getting a fresh start financially. However, filing for bankruptcy does have its side effects despite the many advantages it provides. If you’re considering filing for bankruptcy in Windom, MN, Behm Law Group, Ltd. can help you prepare a strong case, successfully petition for Chapter 7 or Chapter 13 bankruptcy, and fully understand the results that bankruptcy brings.

When you choose to partner with Behm Law Group, Ltd. for your bankruptcy case, you’re choosing highly-skilled, experienced professionals who understand your need for guidance and counsel before, during, and after you file. While bankruptcy offers a viable way to work through financial difficulties, there are some negative consequences as well, and we want our clients to be aware of all the effects a bankruptcy filing can have.

The primary problem those who file for bankruptcy face after their case is completed is the effect it has on their credit. There’s often a certain amount of damage to your credit when you file, and although you emerge from bankruptcy relieved from debt, it may take a while to rebuild your credit.

Recovering your credit after you file may seem like a daunting task, but the truth is it’s entirely possible for everyone who files for bankruptcy to fix their score over time. With the advice of our attorneys you can regain control over your credit and finances even after we work with you through a bankruptcy. Rebuilding your credit simply takes time and responsible practices including:

1. Make all your payments on time and keep clear communication with your creditors if you’re unable to meet a payment. Most lenders are understanding of extenuating circumstances and are willing to make exceptions.
2. Keep your accounts open despite the impulse to close them all at once. Instead, work on slowly closing the accounts you no longer want over an extended period of time.
3. Check your credit often and keep an eye out for errors you may be able to dispute.
4. Create and follow a budget with a savings plan integrated into your monthly income and spending patterns. Our attorneys can help you build a post- bankruptcy budget that’s effective, reasonable, and long-term.
5. Hang on to all of your bankruptcy paperwork and keep it filed in an organized, logical place. You may need this paperwork down the road for loans or mortgage applications.

Above all, it’s important to remind yourself that your credit will improve over time. To learn more about filing for bankruptcy in Windom, MN, and what to do after you file, contact Behm Law Group, Ltd. at (507) 387-7200 today.

Bankruptcy is a form of debt relief available to U.S. individuals and businesses alike, and while there are several versions of reorganization or liquidation bankruptcy, the overall goal of giving debtors a viable opportunity for financial recovery remains the same. If your limited liability company (LLC) or corporation chooses to file for bankruptcy, you can take advantage of the benefits a reorganization case provides through Chapters 11, 12, and 13, or you can liquidate your assets and receive debt relief through Chapter 7. With the advice and guidance of Behm Law Group, Ltd., you can choose the right type of bankruptcy in Luverne, MN, for your business and file a successful case for long-term financial stability.

While reorganization bankruptcy is an effective option for high-income businesses dealing with equally high debts, the best choice for businesses struggling to stay above water may be a Chapter 7 liquidation case. Chapter 7 bankruptcy is the most common format for individual bankruptcies, but because of the differences in how a case is handled for corporations and LLCs, this process can also be a viable option for companies going out of business.

Debt Discharge

For individual consumers, Chapter 7 bankruptcy works to liquidate non-exempt assets (properties including anything from homes and vehicles to jewelry and appliances the values of which are in excess of your applicable bankruptcy exemptions) and discharge many of their debts in return (including credit card debts, medical bills, mortgages, car loans, and more). In a Chapter 7 business case, the debts of the business are also discharged.  However, in a business Chapter 7, the business does not have the benefit of asserting bankruptcy exemptions to protect at least some assets.  Instead, the bankruptcy trustee will generally liquidate all business assets and use those funds to repay at least some dividend to creditors. When this process is accomplished, the business usually closes. Regardless of whether the business closes or stays in operation, its debts are discharged just as in an individual Chapter 7 and its creditors are unable to legally collect the discharged debts from the business.

Time and Place

An LLC or corporation might choose to file for Chapter 7 if they’re ready to close down and cut their losses. For example, if a technology company’s product becomes obsolete and they can’t alter their production to fit the changing market, the owners of that company can benefit from filing for Chapter 7. A company may also choose to file for Chapter 7 to stop creditor harassment and alleviate concerns of fraud that may lead to lawsuits.

On the other hand, it may not be time to file for liquidation bankruptcy if the majority of your business debts will become personal liabilities after filing—debts you’ll be responsible for even after your business is closed. The types of business debts that are considered personal liability after bankruptcy include trust fund taxes, alter ego claims, and fraud claims and debts of the business for which you may have signed personal guarantees.  Sometimes, one needs to file a business Chapter 7 bankruptcy and, thereafter, file an individual Chapter 7 bankruptcy to discharge debts of the business that one personally guaranteed.

f your corporation or LLC is failing to meet debt payments and gain steady revenue, Chapter 7 bankruptcy might be the right step to take. Contact Behm Law Group, Ltd. at (507) 387-7200 to start your case today and get the most out of filing for bankruptcy in Luverne, MN.

Life is full of unexpected events. When it comes to debt and financial difficulties, it’s best to deal with those life events head on. You may have accumulated debts over the years or be struggling with sudden expenses, but whatever the reasons leading up to severe debt, you don’t have to face it alone. Getting rid of debt and finding a fresh start is always a possibility through filing for bankruptcy. With the expert support and advice of Behm Law Group, Ltd. attorneys, you can file a successful petition for bankruptcy in Redwood Falls, MN.

When the ball gets rolling in a bankruptcy case, things are quickly resolved. If you file for Chapter 7, your debts will be discharged and non-exempt assets liquidated. If you file for Chapter 13, your adjusted repayment plan will begin, and you can start making regular payments to a chapter 13 trustee fairly quickly. However, before you can reach that point in your bankruptcy case, you must perform a few crucial primary steps.

Filing for Bankruptcy- Starting Gates

1. Gather your financial information: To put together a bankruptcy petition for either Chapter 13 or Chapter 7, you have to gather a comprehensive inventory of financial documents. This includes filling out the necessary bankruptcy forms, listing all debts, providing income information, listing your assets and properties, and describing your monthly expenses for household needs. Behm attorneys will provide you with direction on how to put together this information to begin the bankruptcy process.
2. Attend credit counseling: Even if you’ve completed the first step and gathered all the necessary information, you’ll still be required to complete an online credit counseling course in order to file a bankruptcy petition. You must work with a United States Trustee-approved credit counseling agency and complete the credit counseling course within 180 days of the filing of your bankruptcy petition. Behm Law Group, Ltd. can provide direction to quality, affordable online credit counseling in your area.
3. Attend your 341 hearing: The last step to getting your case completed and obtaining debt relief is to attend your meeting of creditors (341 hearing). This meeting occurs after you have finished your filing for bankruptcy. This is not a court hearing per se where you appear before a bankruptcy judge. Rather, it is an administrative hearing where you appear before a bankruptcy trustee.  The bankruptcy trustee is a court-appointed attorney assigned to monitor, supervise and review your bankruptcy case.  You must personally attend the 341 hearing and your creditors have a right to attend if they like.  It is up to the bankruptcy trustee to review your bankruptcy paperwork and ask you questions at the 341 hearing – questions you must answer under oath and subject to penalty of perjury – to ensure that your paperwork is accurate. Part of the purpose of the 341 hearing is to ensure you’re apprised of the consequences and seriousness of filing for bankruptcy and to discuss debt reaffirmation with your attorney. During this meeting, the trustee will also make sure you’re not abusing the process of bankruptcy.

After these steps are completed, the next part of filing for bankruptcy —which varies depending on the chapter you file for— is getting a discharge order from the bankruptcy court which discharges the vast majority of your debts.

To learn more about filing for bankruptcy in Redwood Falls, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

Bankruptcy is designed to help individuals and businesses recover from debt and continue to participate in the global and national economy. While bankruptcy offers what’s essentially a government-sanctioned financial backup plan, it’s not a bailout to simply rid yourself of debts with no concern for your lenders. When you file for bankruptcy, the process will work to create a balanced outcome for you and your creditors. If you’re considering filing for bankruptcy, do it with the help of a Behm Law Group, Ltd. bankruptcy attorney in Mankato, MN to get the most out of your case.

Bankruptcy is a fair system, balanced in regards to your creditors and yourself, and it allows you benefit greatly from the process with the right approach and with the help of a skilled bankruptcy attorney.

Chapter 7

 If you qualify for Chapter 7 bankruptcy by passing the Means Test, the vast majority of your debts will be discharged, except for student loans, child support and alimony and certain tax debts.  However, even student loans, child support and alimony and certain tax debts can be discharged in certain circumstances.  If the total value of your assets exceeds the amount you can protect/keep with your applicable bankruptcy exemptions, the excess, non-exempt value will be distributed among your creditors.

• Good for you: In this process, you get the benefits of debt discharge. Most of your debts including credit card debt, medical bills, old utility bills, bad checks, overdraft fees from bank accounts, debts from foreclosures and repossessions of vehicles will be discharged and you won’t have to worry about those debts again
• Good for your creditors: Your creditors benefit from the liquidation of your non-exempt assets, which gives them a return on their loans they may not have received if you did not file for bankruptcy. In most cases, however, people do not lose any assets and all they lose are their creditors/debts.
• How to do better: With the help of a Behm bankruptcy attorney, you can pick your way through this nuanced process. Our bankruptcy attorneys can help you work through choosing exemptions, filing a joint case with your spouse, protecting your bank accounts, working around foreclosure, and more.

Chapter 13

This process of bankruptcy works to reorganize your debts into a new repayment plan that spans three to five years.

• Good for you: This process structures the repayment plan around your current income and expenses, so you won’t struggle to meet payments. You’ll also only have to repay your unsecured creditors a portion of what you owe (0%-100%)
• Good for your creditors: Your secured creditors generally get repaid in full but at a lower interest rate in this plan, and while your unsecured creditors only receive a portion, they’ll still see a return of what they’re owed
• How to do better: When you work with a Behm Law Group, Ltd. attorney to structure a repayment plan proposal, you have a better chance of fair unsecured debt repayment, flexibility in your payment plan over the years, and protection from creditor harassment

If you’re considering filing for bankruptcy, keep in mind that the process will maintain a balanced treatment for both you and your creditors. With the support and legal savvy of a Behm Law Group, Ltd. bankruptcy attorney in Mankato, MN, you can file a stronger, more successful case. Contact us at (507) 387-7200 to get started today.

Over the past 50 years, bankruptcy law has seen changes that have affected how individual consumer and business cases are handled today. The most recent overhaul in bankruptcy law came in 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted to prevent the possibility of filers taking advantage of the system and to protect creditors involved. The BAPCPA played a significant role in shaping what we know as the current bankruptcy process.

While large changes like the 2005 bankruptcy act don’t happen frequently, there are little changes that come every few years that affect the way the court may approach a case and the way individuals and businesses can file. If you’re considering filing for bankruptcy in Waseca, MN, Behm Law Group, Ltd. offers the guidance and legal support you need to navigate the nuanced court system.

Some of the most recent changes to bankruptcy law were put into effect on the first of December in 2017. These alterations are minor in the overall framework of bankruptcy law, but they may still affect how your case is handled from start to finish.

1. Chapter 13 Repayment: One change to bankruptcy law was made to the structure of how you file a Chapter 13 repayment plan. This change dictates that filers must use federal forms for a repayment plan, or local forms that comply with the amended federal rules (Rule 3015). This provides greater efficiency for creditors to review the proposed plan and streamlines how the court organizes your case information.
2. Time Restrictions: Deadlines for plan objections and case confirmation hearings have changed in regard to Chapter 13 bankruptcy. The court now requires a notice within 21 days to object to a Chapter 13 plan confirmation (for creditors). An objection cannot be filed later than seven days before the confirmation hearing unless the court allows for an extension.
3. Claim Amounts: While the amounts of secured and priority loan claims may not have altered overall, the way the court determines the amounts of those loans has. The court can now decide the claim amount even after it has been filed with motions and/or objections. That determination is binding for a secured claim holder even with a contrasting proof of claim. This alteration forces creditors to examine the proposed Chapter 13 plan of the debtor before agreeing.
4. Proof of Claim: Under the 2017 amendments, your creditors must prove their claim of debt to be repaid in any type of bankruptcy. This includes filing the necessary documents for proof of claim within 70 days of your bankruptcy filing date. These claims must also include attachments that prove loan ownership including mortgage deeds, car titles, and other paperwork proving your responsibility to pay a secured loan.

These minor details may not be the most exciting part of a bankruptcy process, but they are important to understand in order to file your case without error. Contact Behm Law Group, Ltd. at (507) 387-7200 to learn more about filing for bankruptcy in Waseca, MN.