Acquiring Business Credit During Chapter 13 Bankruptcy in St. Peter, MN

If you own a business and are struggling to meet payments on anything ranging from rent to utilities, you may benefit from taking advantage of the government-regulated system of bankruptcy. While it might seem like a big step to take, bankruptcy is designed to help businesses of all sizes into a full financial recovery. In fact, if you file for a Chapter 13 bankruptcy, your debts will be restructured into a manageable repayment plan for your business.

Not only is it possible to protect your business and the property involved when you choose to file for Chapter 13 bankruptcy, you may be able to continue expanding your business during the bankruptcy period. With the help of our attorneys at Behm Law Group, Ltd., you can keep your business afloat while you file for bankruptcy in St. Peter, MN.

 Filing for Chapter 13 Bankruptcy

Chapter 13 bankruptcy works to restructure your debts as a whole into a new repayment plan spanning a period of three to five years. Within this repayment plan your secured debts and priority debts must be repaid in full, but your unsecured debts will be restructured into the plan with only partial repayment required ranging from 0% to 100%.

 

Chapter 13 is a debt reorganization process available to both consumers and businesses, and while Chapter 11 is a similar reorganization process businesses can utilize, it is designed for very large businesses and is often impractical for individual consumers.  There are often greater benefits and more opportunities for full, long-lasting recovery when you choose Chapter 13 over 11.

 

One reason your business may thrive even through a repayment plan in Chapter 13 bankruptcy is because it’s possible to gain business credit, allowing for overall growth in your company.

 

Business Credit

 

Because even the most efficient businesses still incur debts through normal operations, especially when all disposable income in a Chapter 13 bankruptcy plan is used to repay unsecured creditors, you’re allowed to gain ordinary credit without needing approval from your trustee or authorization from the court. For example, if you own a bakery and need to buy a large inventory order of sugar and flour, you don’t need court approval to do so if you can pay for that shipment within 30-60 days.

 

However, if you gain credit outside the terms of ordinary business operations, you’ll need to receive court approval before making a purchase that’ll put your business in debt. In the example of the bakery, you’ll need court approval if you have to purchase a large appliance or vehicle necessary for normal business operations. To prove you can repay that item without it affecting your repayment plan, you have to:

  1. File a motion to authorize the purchase
  2. Explain to your trustee, creditors, and the court why that item is needed
  3. Demonstrate you can afford the item and still make payments on your plan

 

Gaining business credit during your repayment plan is an option that Chapter 13 bankruptcy often provides within reason and choosing this form of reorganization bankruptcy can allow your business to grow even through difficult times. To learn more about filing for a business bankruptcy in St. Peter, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

 

Successfully Getting Credit During Repayment of Chapter 13 Bankruptcy in Mankato, MN

 

Bankruptcy is often viewed as a last option for those with extreme debt and low income, but there’s more than one kind of bankruptcy available to individuals and businesses. Chapter 7 bankruptcy is the type of bankruptcy that fits the description that’s most often associated with being bankrupt due to the liquidation of the filer’s non-exempt assets. Chapter 13 bankruptcy, on the other hand, is a completely different process that works to reorganize a filer’s debts. If you’re struggling to meet debt payments but don’t want to possibly sacrifice non-exempt assets in a liquidation process, Behm Law Group, Ltd. can provide the legal support you need to file a strong case for Chapter 13 bankruptcy in Mankato, MN.

 

If your income to debt ratio is higher than the Minnesota median income for a household of your size, you cannot qualify for Chapter 7 bankruptcy. Even if your income is low enough to pass the Means Test, you may still choose to file for Chapter 13 bankruptcy and keep your estate intact. In this case, you’ll work with an attorney and trustee to draft a repayment plan that is suited to your situation.

 

A Chapter 13 bankruptcy repayment plan is a highly effective way for those struggling with debt to sort through their finances under the guidelines of a three to five-year bankruptcy period. Despite the many benefits of a repayment plan, however, the period it fills is a long time. During that three to five-year period, you might experience several life changes including anything from a new job to moving into a new home. Your repayment plan could be altered to accommodate those life changes, but there are occasions where you need to operate outside of your bankruptcy plan. One common example of this is when the filer is in need of getting a loan.

 

There are few reasons an individual working through a Chapter 13 bankruptcy repayment plan may need to seek a loan, and because of your overall financial history, your trustee may or may not approve any loans you try to obtain. However, there are times when you need a little boost, whether you’re starting a business that’ll gain more revenue in the long-term or if you have a real emergency.

 

Gaining credit during your repayment plan period depends on several factors:

 

  1. Whether you receive the required court authorization and trustee approval.
  2. The type of credit you’re attempting to obtain (consumer or business).
  3. How a new loan will alter your repayment plan.

 

Generally, you may be granted permission to obtain a loan based on household emergencies. Home repairs, medical emergencies, vehicle repairs, or disaster recovery are some primary examples.

 

If you’re working through a repayment plan or considering filing for bankruptcy in Mankato, MN, Behm Law Group, Ltd. can help. To learn more about the legal support and advice our attorneys offer, contact us at (507) 387-7200 today.

Limits on Handling Medical Debt with Bankruptcy in Worthington, MN

With medical insurance getting more expensive each year and procedures becoming more technically-advanced with new equipment and medicines, individuals can easily accumulate overwhelming medical debt very quickly. While studies may debate whether severe medical debt is directly causing an increase in U.S. bankruptcies, the fact remains that it’s often a correlating problem most filers experience. Because the bankruptcy process is structured to discharge or reorganize medical debts, it’s a viable option for those who can’t pay their medical bills. With the help of Behm Law Group, Ltd., you can recover from medical debt and successfully file for bankruptcy in Worthington, MN.

Medical debt can happen gradually as chronic treatments rack up bills or all at once if an unexpected medical emergency occurs. No matter the circumstances leading up to unmanageable medical debt, those debts are treated the same in bankruptcy cases. All your medical bills are considered to be unsecured nonpriority debts in your case. To put this in perspective, your credit card debts are categorized as unsecured nonpriority debts as well.

How your unsecured nonpriority debts are handled depends on the type of bankruptcy you file for.

Chapter 13 works to reorganize debts that aren’t exempt from the bankruptcy process into a new repayment plan. Secured debts are repaid in full along with select priority debts, but your unsecured debts—like the medical bills you owe—are often only partially repaid if they’re required to be repaid at all.

Chapter 7 works to liquidate your assets to repay your creditors in return for the discharge of most debts. This discharge includes your unsecured debts and allows immediate full relief from medical bills.

Limitations on Discharges

Relief from medical bills is guaranteed if you qualify for Chapter 7 bankruptcy by passing the Means Test. All your unsecured debts will be dissolved in return for major liquidation of your assets. In Chapter 13 bankruptcy, there are some limitations on the relief you can receive for your medical bills. Because your medical debt is lumped into one category with all your other unsecured nonpriority debts, they’re all subject to the same limitation. This limit manifests as a cap on the amount you can include in your repayment plan. Currently, you may file for Chapter 13 if you have under $394,725 in unsecured debts. This amount will change in April of 2019 to meet standards of income and overall economic adjustments, but for now, you can resolve all your debts in a new repayment plan if you meet this and other Chapter 13 requirements.

 There may be some limits to the possibility of recovering from severe medical debt by filing for bankruptcy, but the majority of cases are highly effective in providing a solution for those struggling with hospital bills and more. For more information about filing for bankruptcy in Worthington, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

When the Automatic Stay Doesn’t Apply and Navigating Through It With a Bankruptcy Attorney in Marshall, MN

When you file a petition for bankruptcy, your case will immediately see the effects of an automatic stay. Whether you qualify for Chapter 7 liquidation bankruptcy or choose to file for Chapter 13 bankruptcy, you can benefit from the court-ordered halt to creditor action that takes the form of an automatic stay. The power of an automatic stay can provide a wide range of advantages to the filer in addition to its ability to prevent creditor harassment and further missed debt payments. Halting wage garnishments, evictions, foreclosures, and more are possible under the restrictions of an automatic stay. With the help of a Behm Law Group, Ltd. bankruptcy attorney in Marshall, MN, you can successfully navigate the rest of your case.

While the benefits that an automatic stay provides are numerous, there are some circumstances where it doesn’t apply. Primarily, you cannot receive the full benefits of an automatic stay if you’ve filed for bankruptcy more than once within a year.

  1. Limited Automatic Stay Period: If you’ve filed for bankruptcy once before in the same year, you will have an automatic stay period limited to 30 days the second time you file. This is because the court will assume your second case is filed in bad faith and may be dismissed. With the help of Behm attorneys, you may be able to prove your good faith to the court and receive the full automatic stay period for the creditors you need to prevent from collecting.
  2. No Automatic Stay Applied: You will not be granted any automatic stay period if you have already filed twice or more in a year and then file again. With three or more bankruptcies, the court still presumes that you’re filing in bad faith and will not provide a stay to halt any of your creditors. Again, you can work with our attorneys to prove your case is not in bad faith with accurate and plausible evidence.

If you have the evidence to prove your bankruptcy case is filed in good faith, our attorneys will work to draft your motion for requesting that your automatic stay be granted in full. You may not be granted the stay if your previous case was dismissed because you failed to file certain documents or if your financial situation has not changed since the last time you filed. Additionally, if you’ve filed for bankruptcy within the year and now choose to file jointly with a spouse, the restrictions on an automatic stay apply only to you.

If you aren’t granted an automatic stay in your bankruptcy case, your best means to successfully file for bankruptcy is with the help of a professional attorney. Without the stay, creditors can continue to collect debt payments and may even attempt to take action against your property. To get the help and support you need when you file for bankruptcy, contact Behm Law Group, Ltd. at (507) 387-7200 and get started today with an expert bankruptcy attorney in Marshall, MN.

Understanding a Hardship Discharge with Chapter 13 Bankruptcy in Luverne, MN

When you file for Chapter 13 bankruptcy, your debts will be restructured into a three to five-year repayment plan that fits your income and financial situation. For those with incomes too high to pass the Means Test or who wish to hold on to most of their nonexempt properties, Chapter 13 is a highly effective way to resolve debts and get a fresh financial start. Organizing your documents, files, forms, and information into a structured repayment plan proposal that the court will accept is a difficult task to manage without the help of a trained bankruptcy professional. Behm Law Group, Ltd. offers the legal support and assistance you need to file a strong case for Chapter 13 bankruptcy in Luverne, MN.

After you propose a Chapter 13 repayment plan that’s accepted by the court, the bankruptcy trustee administering your case will collect monthly payments that may vary based on the disposable income information you provide. The amount you’ll be required to repay in your plan depends on your creditors and your disposable income. For example, you must fully repay your priority unsecured creditors, such as certain tax debts, child support debts, alimony and court fines, while your unsecured creditors only need to be paid much less as determined by several factors. Changes may be made to your plan depending on other claims, income, and financial gains or losses. To prevent your case from being dismissed within your three to five-year repayment period, continued communication with your attorney and the bankruptcy trustee is key.

You may also find yourself facing unforeseen circumstances that make it impossible for you to complete your Chapter 13 repayment plan.

If you find yourself in these circumstances, you may be eligible for the Hardship Discharge. This discharge works similarly to a discharge granted in a Chapter 7 bankruptcy case.  You will no longer have to make a plan payment.  Like in a Chapter 7 case, certain debts, including unsecured debts like medical bills, credit card debts, and more, are discharged. However, priority debts like tax debts, child support debts and alimony are not subject to the Hardship Discharge.

Eligibility: To be eligible for the Hardship Discharge, you have to prove your conditions render you unable to continue with your repayment plan. If you’ve failed to meet repayment requirements for more than a month due to burdens that are out of your control (“for which you should not justly be held accountable”), you have the chance to make your case for a hardship discharge. You improve your chances of the court granting you a Hardship Discharge if you can prove your circumstances are permanent (physical disability, for example) and if you’ve already repaid to your unsecured creditors what they would have received if you’d filed for Chapter 7.

For more information about the Hardship Discharge and filing for Chapter 13 bankruptcy in Luverne, MN, contact Behm Law Group, Ltd. at

Key Factors that Affect the Repayment Plan Structure of Bankruptcy in Windom, MN

Today, Chapter 7 is the most common form of bankruptcy for both individuals and businesses. Because the Chapter 7 process is only available to those with income-to-debt ratios lower than the Minnesota median, bankruptcy is often associated with unemployment or even financial ruin. However, bankruptcy is an option to people and businesses with a wide range of incomes and debts in the form of debt restructuring—Chapter 13 bankruptcy. Behm Law Group, Ltd. offers legal advice and guidance to help you decide which type of bankruptcy in Windom, MN, would be the most beneficial to your current financial situation.

 

If you have a stable job and your debts weigh heavily enough for you to consider bankruptcy, chances are you’ll gain the most out of a Chapter 13 case. Chapter 13 bankruptcy works to structure your debts into a 3 to 5-year repayment plan that’s suited to your income. The process is designed to give your creditors as much of a return on your debt as possible without crippling your finances or severely damaging your quality of life.

 

In a Chapter 13 repayment plan, your debts are broken down into several categories based on the priority claim those creditors have on repayment. First, secured creditors are generally the creditors with property secured through a promissory note and security agreement such as mortgages, car loans, or any other debt concerning a physical property. These creditors can be repaid in different ways during your Chapter 13 plan period. In some cases, you will continue to pay these creditors directly rather than through your bankruptcy plan.  For instance, if you have a mortgage with Wells Fargo and you are current with the mortgage payments, you would continue to pay that debt directly to Wells Fargo.  However, if you are delinquent with your mortgage payments, you can pay the mortgage delinquency back to Wells Fargo throughout the 36 to 60 months of your chapter 13 plan rather than all at once.  Of course, you would still have to continue making your regular monthly mortgage payments to Wells Fargo but the delinquency owed before your case was filed would be paid back by the chapter 13 trustee with the payments you make through your chapter 13 plan.  Second, priority debts involved in the bankruptcy process (bankruptcy fees, for example) must also be paid in full.

 

You’ll also be required to repay certain debts in full regardless of any type of plan period, income, or bankruptcy you file for. These commonly include child support and alimony, most tax debts, and debts from personal injury or death you caused while operating a vehicle while intoxicated.

 

The rest of your debts will be considered unsecured or nonpriority debts, and these may be paid at a determined portion from 0% to 100%. The amount you’ll be required to repay to unsecured creditors in your Chapter 13 plan varies based on your disposable income, the exemptions you can claim, and the minimum amount those creditors would receive if your assets were liquidated in a Chapter 7 bankruptcy.

 

Overall, the amount you repay all your creditors, including priority, secured, and unsecured, depends on several financial components. Your debts and other claims you owe that factor into a Chapter 13 plan include:

 

  1. Mortgage owed and arrears
  2. Other home loans and arrears
  3. Car loans owed and loan arrears
  4. Personal property loans
  5. Debts on other property loans
  6. Alimony and child support
  7. Priority tax debts
  8. Other priority debts
  9. Death or personal injury claims against you
  10. Administrative bankruptcy fees
  11. Attorney fees

 

Some debts, like medical bills and credit card debt, may even be discharged in a Chapter 13 bankruptcy repayment plan. For more information about creditors, repayment plans, and filing for Chapter 13 bankruptcy in Windom, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

 

 

Breakdown of Payments to Unsecured Creditors for Chapter 13 Bankruptcy in Pipestone, MN

When you file for bankruptcy, the people or organizations you owe money to are broken down into several different types of creditors. Generally, these creditors are considered as priority, secured, and unsecured. Within these categories, there is a simple hierarchy: priority creditors are repaid in full, secured creditors are paid the value of their collateral after exemptions are taken into account or the collateral is surrendered back to them, and unsecured creditors are paid with varying amounts depending on your case. While these creditors are considered similarly in both Chapter 7 or Chapter 13 bankruptcy, the outcomes of their repayments are different. Behm Law Group, Ltd. offers expert counsel and support when you file for Chapter 13 bankruptcy in Pipestone, MN, to help you navigate through your creditors and case.

 

For most Chapter 7 cases, the creditors are treated based upon which debts can be discharged and which exemptions can be claimed. In a Chapter 13 bankruptcy, however, the creditors must be treated differently based on the types of debts and the significance of those agreements.

 

When a Chapter 13 case is filed, the end goal is to restructure the filer’s debts into an appropriate repayment plan. This plan provides for the full repayment of priority debts and the payment of the value of secured debts, but often offers the filer the benefit of partial repayment of unsecured debts. The creditors of unsecured debts are written into the repayment plan in two fundamental ways.

 

  1. The first basic requirement for the treatment of unsecured creditors in a Chapter 13 bankruptcy repayment plan is that they will be paid at least as much as they would if the filer had filed a Chapter 7 bankruptcy.
  2. Secondly, the filer must pay all disposable income – surplus income left over after reasonable and necessary living expenses are paid – to their unsecured creditors throughout the duration of their three to five-year repayment plan. This income amount may fluctuate throughout the plan period, and the chapter 13 plan must be updated to reflect these income changes.

 

The repayment plan period for any Chapter 13 bankruptcy case depends on the filer’s income. If your income is less than the Minnesota median of a household similar to your own, your plan will last three years. If your income is higher than the median, you must file a five-year plan. The amount you repay your unsecured creditors will also depend on how long your plan lasts. For example, if you owe an unsecured creditor $5,000 and your disposable income adds up to $100 a month, you will repay 72% of that debt in a three-year plan or repay 100% of that debt in a five-year plan. In some cases, you will repay 0% of an unsecured debt when you file for Chapter 13 bankruptcy.

 

What you repay your unsecured creditors in Chapter 13 will vary greatly depending on your income and your additional debt payments and expenses. For most filers, these debts will be alleviated at least in part. For more information about your unsecured creditors and filing for Chapter 13 bankruptcy in Pipestone, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

What Happens When Retirees File for Bankruptcy in Redwood Falls, MN

Financial difficulties can occur for any number of reasons at any time in one’s life, but with the accumulation of debt into retirement and a decrease in income, retirees are increasingly becoming more likely to file for bankruptcy. Several studies have shown that in the past twenty years, the percentage of 65 or older bankruptcy filers has increased by more than 5%, and many of these petitions outlined medical debt as the primary financial burden of senior citizens. Debts gathered over a lifetime, a drop-in income after retirement, and the issue of medical bills with increased risks of health problems in advanced age all add up to severe financial struggles for many retirees across the country. Behm Law Group, Ltd. serves to protect you throughout the filing of your bankruptcy petition and help you understand what happens when retirees file for bankruptcy in Redwood Falls, MN.

 

The common concern for retirees and senior citizens who file for bankruptcy is how it will affect their retirement funds. Fortunately, most types of retirement accounts are protected from asset liquidation in Chapter 7 bankruptcy and the amount in your fund will not affect your repayment plan in Chapter 13 bankruptcy. Protected accounts include 401(k), 403(b), 457(b), and Keogh plans. The majority of other profit-sharing or benefit plans are also protected. Funds saved in an IRA, SIMPLE IRA, SEP IRA, or Roth IRA are protected from bankruptcy with a set exemption limit. The amount you can exempt from the bankruptcy process changes as the cost of living changes.

 

Another concern for seniors and retirees filing for bankruptcy is whether their Social Security will be involved in the process or not. Social Security is protected from wage garnishments along with disability income, but when that income is deposited into your bank account, it can sometimes be subject to garnishment. However, banks are required to know if federal benefits are in your account before they can take garnishing action, and even then, a two-month value of your Social Security and other benefits are protected.

 

If you are struggling to make ends meet in retirement and face looming medical bills or other debt, bankruptcy can be a valuable option. The majority of your retirement income is protected by federal law, and your retirement funds will most likely be completely protected in the process. With the help of a Behm Law Group, Ltd. attorney, you can free yourself from medical debt, credit card debt, utility debt, property debt, personal loans and more when you file for bankruptcy.

 

Live your retirement in peace and take full advantage of your freedom free from financial stress. Contact Behm Law Group, Ltd. today at (507) 387-7200 to learn more about whether filing for bankruptcy in Redwood Falls, MN, is right for you and start your petition today.

How Discharge Plays a Part When You File for Bankruptcy in Mankato, MN, More than Once

The purpose of the U.S. bankruptcy system is to relieve individuals and businesses from debts and protect creditors from severe losses. In a nutshell, this process is built to be balanced and fair for all parties involved. This also means that the nature of the bankruptcy system prevents filers or creditors from abusing the benefits that are offered through court regulations. Behm Law Group, Ltd. offers the legal advice and assistance you need to get the most out of filing for bankruptcy in Mankato, MN, while sticking to the nuanced rules and requirements of the court.

 

One of the sticking points for the bankruptcy court is when filers appear to be taking advantage of the system with multiple filings. It’s not unacceptable to file for bankruptcy more than once in your life, but when, why, and how you file multiple bankruptcy petitions depends on certain timelines and the failure to abide by those timelines can affect the outcome of your case.

 

To file a successful case and be eligible for a bankruptcy discharge, it’s important to understand the timeframe stipulations for each type of bankruptcy:

  1. Chapter 7 cases have to be filed eight years apart for one to be eligible for a discharge. This period starts on the date you file your most recent bankruptcy petition. For instance, if you filed for chapter 7 bankruptcy relief on January 2, 2011, you would need to wait until January 3, 2019 to file chapter 7 bankruptcy in order to qualify for another chapter 7 bankruptcy discharge.
  2. Chapter 13 cases can be filed much sooner. The period required to pass before you can re-file for Chapter 13 bankruptcy is only two years from the date you file your most recent petition. This means that you could potentially stay within a debt-restructuring bankruptcy plan interminably. Chapter 13 bankruptcy cases must last at least 3 years (they can last up to 5 years,) so you could file a chapter 13 bankruptcy case, get a discharge in 3 years and then file chapter 13 right away again.  For instance, if you filed for chapter 13 bankruptcy on January 2, 2015, your case would have concluded in January 2018 but you would have qualified to file for chapter 13 bankruptcy relief again as of January 3, 2017.

 

Because you can file for either Chapter 7 or Chapter 13 bankruptcy, you may experience multiple filings of each type. In these cases, the timeframes depend on which case came first:

  1. If you file for Chapter 7 first, you will face a waiting time of four years before you can file for Chapter 13, starting with your Chapter 7 petition date. For instance, if you filed for chapter 7 bankruptcy on January 2, 2015 and received a chapter 7 discharge, you would not be able to file a chapter 13 bankruptcy and qualify for a chapter 13 discharge until January 3, 2019.
  2. If you file for Chapter 13 first, you will generally have a waiting time of six years before you can file for Chapter 7 and qualify for a chapter 7 discharge. However, if you’ve fully repaid your unsecured creditors during your Chapter 13 repayment period, you may be able shorten the waiting time with permission from the court. You can also file within a shorter period if your chapter 13 case was in filed good faith, you represented your best effort in the payment plan, and you paid at least 70% of allowed unsecured claims.

 

If you’re considering filing for bankruptcy, we can help whether it’s your first time or not. Contact Behm Law Group, Ltd. at (507) 387-7200 for more information about our counsel and support for bankruptcy in Mankato, MN.

Handling Debt Sale When Filing for Bankruptcy in Worthington, MN

When an individual or business fails to meet debt obligations without excuse, they may start to experience more aggressive collection actions from creditors. If you have been struggling to make your debt payments for several months, filing for bankruptcy might be the best option to end creditor harassment and get a fresh financial start. Behm Law Group, Ltd. provides the legal support you need when filing for bankruptcy in Worthington, MN and get optimal results in your case.

 

Generally speaking, when  filing for bankruptcy you’re immediately protected by the automatic stay for the period of time it takes to resolve your case. This means the creditors of the debts that will be handled in your case can’t perform any collection actions. However, things can get complicated when one of your creditors sells one of your debts while you’re filing for bankruptcy or in bankruptcy.

 

A creditor may choose to sell a debt to another creditor at any time, even while you’re in the middle of a bankruptcy case. A creditor might choose to sell the debt if they don’t want to wait for your bankruptcy case to be completed to see if it will get paid anything by the trustee administering your case. By selling your debt, they will receive a small immediate sum, and the buyer of the debt will stand in the place of the original creditor.

 

How does this affect filing for bankruptcy?

 

In most cases, the sale of a debt doesn’t affect your bankruptcy case. Whether you owe a debt to the original creditor or to a debt buyer, you still owe the same amount for that debt. From your perspective, it will be handled in bankruptcy as if there was never a sale. However, the original creditor or the debt buyer must notify the bankruptcy court of the sale so that the party in charge of the debt can receive payments in the event that you file for a Chapter 13 bankruptcy and are scheduled for a three to five-year repayment plan.

 

A debt sale may affect you if the debt in question is discharged or scheduled to be discharged. Because the selling of a debt included in a bankruptcy is an act that is in violation of either the automatic stay injunctive provisions of 11 U.S.C. §362 or the discharge injunctive provisions of 11 U.S.C. §524, you may need to take action if this occurs. For example, presume you have filed for Chapter 7 bankruptcy and your credit card debt was discharged in the process. Presume further that, soon after, you’re contacted by a creditor who claims they bought one of your debts and is attempting to collect payments. In this case, you should provide the creditor with a copy of the Notice of Bankruptcy Filing that was issued by the bankruptcy court when your case was commenced.  If your bankruptcy case has been concluded, you should provide the creditor with a copy of the Discharge Order that the court issued.  If the creditor continues to harass you and continues collection activities, you may be forced to contact your bankruptcy lawyer and sue the creditor in bankruptcy court.

 

The sale of a debt will often not concern you as a filer and is simply business between creditors. To learn more about this process and to receive legal support when filing for bankruptcy in Worthington, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.