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Avoiding Dismissal With Prejudice With the Help of a Bankruptcy Attorney in Fairmont, MN

In the wonderful world of the freedom of the United States of America, it’s always optional to take advantage of the help that a trained and experienced lawyer can provide. Since the Gideon v. Wainwright case in 1963, the US courts will appoint a publicly funded attorney in criminal cases to defendants who can’t afford their own. That being said, any person in any type of US legal case can also choose to represent oneself in court.

However, just because one can, doesn’t necessarily mean that one should. Criminal cases aside, there are countless opportunities for those attempting to represent themselves to make a legal a misstep. At Behm Law Group, Ltd., we emphasize the importance of taking advantage of the legal support and counsel that an experienced bankruptcy attorney in Fairmont, MN, can offer throughout your bankruptcy case.

Aside from the difficulty of managing your own bankruptcy petition while working through the day-to-day demands of your personal and financial life, the actual requirements of filing for bankruptcy from start to finish can be nuanced, exacting and rigorous. The help of a bankruptcy attorney can truly change the outcome of your case, whether you intend to liquidate in a Chapter 7 or reorganize in a Chapter 13. One of the dangers you may face if you choose to file without a bankruptcy attorney is the possibility of your case being dismissed with prejudice by the U.S. Bankruptcy Court.

There are several reasons your bankruptcy case may be dismissed with prejudice, and many of them involve fraudulent behaviors—intentional or unintentional.  “Dismissed with prejudice” means that you would be prohibited from filing for bankruptcy relief again for a certain period of time.

  1. Lying and being wrong: One of the most common reasons bankruptcy cases are dismissed with prejudice is that the court finds the filer has lied (or been inaccurate) about some information involving one’s debts or one’s overall financial situation. If you intend to file without a lawyer, you risk case dismissal with prejudice from certain inaccuracies on your bankruptcy forms and schedules, but this is easily avoided with the help of a bankruptcy attorney.
  2. Disobedience: In circumstances where a filer has appeared to willfully disobey a court order, one’s bankruptcy case can be dismissed with prejudice. This can include obstruction or hindrance of your creditors’ rights, which is a situation you may accidentally create.

A bankruptcy case is never black and white. The gray area involved in a case is best navigated with the help of a bankruptcy attorney. The implications of a dismissal with prejudice can affect your legal and personal life in extremely negative ways.

Taking advantage of the professional counsel and legal advice a lawyer can provide is critical if you’re considering filing for bankruptcy. For more information about our expert bankruptcy attorneys in Fairmont, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Navigating the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and Qualifying for Bankruptcy With the Help of a Bankruptcy Attorney in Fairmont, MN

Since the mid-80s, the commercial world has changed considerably as digital consumerism streamlined the way we spend money in the US. To address issues with these unprecedented technological advances, the US government had to respond with new laws. When it comes to US bankruptcy, the Bankruptcy Code was amended in 2005 to protect consumers and eliminate several forms of perceived bankruptcy abuse. The skilled bankruptcy attorneys at Behm Law Group, Ltd. have practiced since long before 2005, and with our experience, we can help you navigate the process of filing for bankruptcy in Fairmont, MN.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) considerably changed the process of filing for bankruptcy relief.

BAPCPA and what came with it:

The most notable changes that came with the addition of the BAPCPA were the standards set in place to qualify for Chapter 7 bankruptcy. Prior to the BAPCPA, consumers with any income could qualify for Chapter 7 liquidation bankruptcy. Because of the rapidly fluctuating economy and credit payment systems, a lot of bankruptcy abuse came to light during the 80s, 90s, and early 2000s. In 2005, the BAPCPA established the Means Test, which prevented filers with net disposable incomes higher than the state median income from qualifying for Chapter 7. Other major changes made with the BAPCPA include lengthened waiting periods between bankruptcy petitions and the requirement of a credit counseling course that all people must take in order to qualify for bankruptcy relief. Find out more about the changes made with the BAPCPA here.

How it affects Chapter 7:  

Because the BAPCPA established stricter requirements with the Means Test, waiting periods, and more, it made it much more difficult to qualify for Chapter 7 bankruptcy. If the courts find that a case is abusive to Chapter 7 code, the case will be dismissed or converted into another type of bankruptcy. The BAPCPA also limited the use of the automatic stay provisions of 11 U.S.C. Sec. 362 in most cases, the types of debts discharged, the types of liens a bankruptcy filer could avoid, homestead exemptions, and other exemptions bankruptcy filers could claim.

How it affects Chapter 13:

By making it more difficult to qualify for Chapter 7, the BAPCPA forced more bankruptcy filers to enter the process of filing for Chapter 13 bankruptcy. Expenses for the administration of a repayment plan under Chapter 13 are deducted in the Means Test and credit counseling is also required for Chapter 13 bankruptcy filers under the BAPCPA. The most significant change for debt reorganization was the increase in the amount of debt required to be repaid with Chapter 13.

Overall, the BAPCPA of 2005 significantly changed bankruptcy code. This act and many others have made today’s standards for bankruptcy more difficult to process without the help of a professional. Behm Law Group, Ltd. can help you work through bankruptcy with a skilled, experienced bankruptcy attorney in Fairmont, MN. Contact us at (507) 387-7200 for more information.

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Why Cases Are Dismissed When Filing for Bankruptcy in Redwood Falls, MN

In the early half of the 20th century, the bankruptcy system in the United States was much less rigorous than it is today, and could be abused with relative ease. This abuse led to hundreds of cases with less than deserving bankruptcy petitions, and the system was finally altered with successive overhauls and additions to bankruptcy law in the 1970s, 1980s, and early 2000s. Today, it can be difficult to file for bankruptcy in Redwood Falls, MN, without legal help such as the assistance Behm Law Group can provide.

Filing for bankruptcy without the advice and assistance of an experienced attorney can damage the validity of your petition, and for several reasons, it may even lead to your case being dismissed.

A common reason why many petitions are dismissed is because the filer did not complete a mandatory credit counseling course before filing. US law requires that all filers go through state-approved credit counseling, and failing to do so is ground zero for your case being dismissed.

All filers must also pay a filing fee in order to enter into the bankruptcy process. Without paying the court fees, your case will certainly be dismissed. For low-income filers, it is possible to apply to waive the court fees.

The Minnesota Means Test is applied to all bankruptcy cases, and failing this test will immediately render your petition null. The test is designed to measure your income against the median income of Minnesota households. If your income is higher than the median you will not be able to file for Chapter 7 bankruptcy, but you may have options for a Chapter 13 petition.

Failing to submit all the required information will also get your bankruptcy case a quick boot out the door. The forms, documents, and schedules needed to submit a complete petition are extensive and tedious, but Behm attorneys can help you organize and gather all of the necessary information.

The silliest way to guarantee the dismissal of your bankruptcy case is by failing to attend your meeting of creditors. Mark down the date of this short, mandatory meeting, and don’t be late.

Behm attorneys help you throughout the bankruptcy process, including helping you determine whether you qualify for bankruptcy and how you can become a viable bankruptcy candidate.

For more information about filing for bankruptcy in Redwood Falls, MN, contact Behm Law Group at (507) 387-7200.

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The Truth About Credit Counseling and Why Help From a Bankruptcy Attorney in Mankato, MN, is Still Important

Before you file for bankruptcy in Minnesota, you are required to undergo a credit counseling course through a course provided that has been approved by the Office of United States Trustee. This is a government mandate that is designed to help American citizens who have had financial struggles severe enough to force them to choose filing for bankruptcy. Despite the benefits that credit counseling can provide, it’s also important to contact a firm that can help you during the bankruptcy process. Behm Law Group can provide expert legal advice and assistance as bankruptcy attorneys in Mankato, MN.

 

In many cases, approved credit counselors provide advice that helps a person or business about to file for bankruptcy feel capable enough to get back on their feet after the bankruptcy process is complete. However, some credit counselors may actually work to your disadvantage.

 

Requirements to File

Whether you own a small business that has had trouble meeting loan, mortgage, and expense payments, or if you’re simply an individual struggling with the financial difficulties of everyday life, you must go through the same requirement of credit counseling to file for bankruptcy. If you don’t undergo credit counseling course, your bankruptcy case could be dismissed with no refund of the standard fee you must pay to file a bankruptcy petition.

 

What’s Wrong With Credit Counselors?

Though a credit counseling course is mandatory, there are several things you should be aware of before you enter the counseling process. In many cases, credit counselors might not be trying to help you as much as you think. In fact, there are a great number of credit counselors paid or managed by credit card companies. These are different than the credit counseling agencies approved by the Office of the United States Trustee through which you must take a credit counseling course. These counselors may charge hidden fees and increase your debts, damaging your credit further and providing you with illegitimate credit counseling. These tricks—even scams—that some credit counselors use can easily be avoided by making the right choice in counseling service.

 

So how can we help? As bankruptcy attorneys, it’s our job to be well-versed in the signs of a bad credit counselor and to know the bankruptcy process. We can help you find a counselor right for you and continue helping you throughout the entire process of filing for bankruptcy.

 

If you’re unsure whether you will need a bankruptcy attorney in Mankato, MN, just remember that we can help you far beyond the abilities of any credit counselor. Contact Behm Law Group at (507) 387-7200 for a consultation today.

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Limit Spousal Input Before Starting a Business or Declaring Bankruptcy for Your Mankato, MN Area Business

When starting a new business, you need to carefully consider many decisions such as where to locate, what type of services to offer, how much equity each owner gets, and what pricing and business models to use. But did you ever think you should be concerned about your partner’s spouse? The bankruptcy attorneys at Behm Law Group, Ltd. believe such a consideration should be duly noted in the Mankato, MN area.

 

You might think this doesn’t matter because you are going into business with your partner, not their spouse. But consider these questions before you sign on the dotted line and commit your capital to the business venture.

  • What if the spouse has undue influence over your partner’s decision-making abilities?
  • Does the spouse have any experience in or knowledge about running a business?
  • What if the spouse is designated as a successor in the business should your partner suffer an untimely demise?
  • Is spouse difficult to work with when in a position of power?
  • Does the spouse share your and your partner’s vision for your business?

 

Of course, you want to trust that your business partner will be able to keep their professional and personal relationships separate for the good of your business. But you could find yourself in an uncomfortable situation if you don’t take some precautions in your business agreement:

 

1) Make sure all business owners in your venture sign a business agreement which addresses all aspects and possibilities for your business. Leave nothing to chance.

 

2) Define the spouse’s role in your business. How much influence, if any, a spouse would have? Can he or she make decisions? Can a spouse become an owner? If an owner, what are the terms for selling the spouse’s share?

 

3) Address the potential need for bankruptcy. At what point should the discussion of bankruptcy be brought up? Who makes the final decision to declare bankruptcy?

 

Whether you’re contemplating a business agreement or have already filed for bankruptcy, seek our counsel at Behm Law Group, Ltd. We specialize in bankruptcy in the Mankato, Minnesota area and can offer you sound advice for making the best decision regarding bankruptcy for your business before it’s too late.

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Bankruptcy During Tax Season

While bankruptcies occur year round, timing is everything. Once you have determined you need to file for bankruptcy, consult with local attorneys, especially those whose practice focuses exclusively on bankruptcy. Factors such as assets, upcoming life changes (like marital status), and pending judgments you might have affect when you should file.

As you can see in the table below, people tend to file for bankruptcy predominantly around tax season. These statistics represent the 2014 bankruptcy filings according to the U. S. Courts:

Month in 2014 U.S. Total Filings Business Filings Non-Business Filings
January

70,491

2,233

68,258
February

74,508

2,228

72,208
March

70,491

2,233

68,258
April

90,670

2,563

88,107
May

87,966

2,467

85,499
June

76,223

2,253

73,970
July

79,239

2,218

77,021
August

77,190

2,098

75,092
September

75,312

2,039

73,273
October

81,179

2,295

78,884
November

64,250

1,830

62,420
December

65,161

2,094

63,067
Total

936,795

26,983

909,812

The highest number of total bankruptcy filings in the U. S. for 2014 was in April. In fact, according to Bob Lawless, bankruptcy filings consistently top out in the beginning part of the calendar year. Typically, January and February tend to accumulate at least 15% of the total filings, as is the case here.

Although the reasons could be numerous, let’s take a look at a few possibilities for why the beginning of the year and, in particular, the tax season may garner so much attention:

  • With taxes due April 15, people focus more on their finances and are apt to make significant changes then.
  • People think bankruptcy will lessen their tax burden.
  • Folks feel they can’t be audited if they file for bankruptcy.
  • Some think they can go on a spending spree before April 15, file for bankruptcy, and then owe nothing.
  • They expect a large tax refund and believe they can simply use that to pay toward a bankruptcy.

Wouldn’t it be nice if bankruptcy were that simple? It’s not. That’s why you should contact the bankruptcy attorneys at Behm Law Group, Ltd. Here’s why:

  1. In a bankruptcy, certain debt called priority debt cannot be discharged. Priority debt includes child support, DWI charges, some penalties, plus more.
  2. A bankruptcy does not stop an audit. The IRS gets priority here.
  3. If you go on a spending spree before declaring bankruptcy, that could be construed as intentional fraud.
  4. If you have filed for bankruptcy, you may or may not be able to spend your tax refund.

These are just a few examples where legalities can get tricky. You need to understand there are enough nuances within bankruptcy law that could really cause you problems if you don’t know what you are doing.

When to file tax returns regarding bankruptcy has its own issues. One thing that is certain is you cannot discharge taxes that haven’t been filed in the first place. For specific advice, contact the bankruptcy attorneys at Behm Law Group, Ltd. We serve mankato, MN and the surrounding areas, including Marshall, Worthington, Owatonna, New Ulm, St. Peter, Redwood Falls, Waseca, and Fairmont.

One good thing to keep in mind is that discharged debt doesn’t really affect taxes because it isn’t considered to be taxable income.

This April 15, if you are considering filing for bankruptcy, make sure you have the facts. It may not be in your best interest to file now. Any important financial change deserves careful thought. For further advice, contact your local bankruptcy attorney.

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Mankato Bankruptcy Support

Behm Law Group provides more than just legal bankruptcy support for Mankato residents.

“How are you?” is a pretty common question. Akin to “Hello!” this question usually presumes a positive response. If negative, we tend to assess how negative and how much of our time will be required in listening to another’s problems. We have difficulties of our own. The mere mention of another’s problems may cause us to reflect on our own. If your friend fell on hard times and had to declare bankruptcy, nothing else is on this person’s mind. It can be overwhelming, especially if it was unexpected.

The best thing you can do is to be a friend and to listen. If that particular time doesn’t work well for you, suggest an alternate meeting. Let your friend vent for a while, but not too long. Gently steer the conversation toward active steps that could help your friend succeed. Be patient. Reassure your friend that you still value him or her as a human being. If he or she hasn’t already contacted a bankruptcy attorney, suggest Behm Law Group, Ltd. We’ll take care of your friend as though he or she were our friend, too.

Support doesn’t stop there, however. Your Mankato friend may experience depression or confusion thinking he or she is all alone. The best thing you can do is to continue to be a friend. Constantly reassure your friend that all will work out well eventually. Ask questions about how his or her journey is going and on what steps he or she is taking. Be the friendly guide that someone needs. The bankruptcy attorneys at Behm Law Group, Ltd. demonstrate compassion and patience as well.

Show your friend that he or she can rely on you to be there when he or she needs you the most. Too many people make a quick getaway when they receive a negative response to “How are you?” A true friend wouldn’t do that.

A true friend in Mankato responds rather than reacts to another’s admission of bankruptcy. If your friend gets stuck in a continual negative loop, help him or her climb out by providing positive steps he or she can take.

When Behm Law Group, Ltd. and you both work to be that positive influence a bankrupt person needs, eventually future conversations will take a turn for the better. The next time you ask one of your friends “How are you?” he or she will likely respond, “Fine, thanks.” Maybe you’ll even get a “great” or an “awesome.”

Your friend will feel better. You’ll feel better. Behm Law Group, Ltd. will feel better. Call us to start that positive journey.

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I Went Bankrupt: Now What?

Behm Law Group helps you recover and move forward after filing for bankruptcy in Mankato, MN

You can be your own worst enemy. Thinking about what you should have, could have, would have done can overwhelm Mankato, MN residents who have gone bankrupt. Simply kicking yourself or spinning negative thoughts will do more to hamper your forward momentum than anything else. As they say, you are what you think about. The bankruptcy attorneys at Behm Law Group, Ltd. suggest you change your paradigm.

Instead of spiraling downward, treat your bankruptcy as a puzzle problem. If you want to analyze the “whys,” we can help you sort the pieces into a sensible order. No blame is needed, only a determination to help yourself move forward. Finances got out of hand? Okay. Maybe learning how to create and follow a budget is in order. Your spouse spends too much? Maybe having separate checking accounts would work. Your child always wants the most expensive clothing? Perhaps saying “no” once in a while wouldn’t hurt either.

The point is, bankruptcy in Mankato, MN doesn’t signal the end, only another beginning. Your frame of mind is your number one asset you can use to improve your situation. The bankruptcy attorneys at Behm Law Group, Ltd. would be more than happy to discuss your opportunities. That’s right; if you allow yourself to think of possibilities, you can climb up and out.

We would be remiss if we led Mankato residents to believe no work would be involved. Let’s face it. If all the optimal choices and decisions were made, it’s likely bankruptcy wouldn’t have occurred. Therefore, some changes are due. Behm Law Group,  Ltd. can help you sort through the mass of information, so you can differentiate between the trivial and the important.

Nothing worth achieving is easy. If that were the case, you would have already mastered your predicament. So from now on, think of the present as a challenge. Mankato, MN residents have overcome other challenges. Let the bankruptcy attorneys at Behm Law Group Ltd. help you overcome bankruptcy. Let’s get going!

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Bankruptcy Relief in Mankato, MN

Behm Law Group bankruptcy relief in Mankato, MN and the surrounding areas

When the IRS audits you, you defend yourself. When someone offends you, you defend yourself. When you make a mistake, you defend yourself. When someone doesn’t like your individuality, you defend yourself. Why should bankruptcy be any different? It’s highly unlikely you’ve had practice defending yourself in the legal arena of bankruptcy court. Let the bankruptcy attorneys at Behm Law Group, Ltd. handle your case, provide the required defense to your financial situation, and offer you bankruptcy relief.

You might think bankruptcy can cause trauma in individuals. You’d be correct. Sometimes businesses use it as a strategic ploy. Whatever the reason, Behm Law Group, Ltd. specializes in bankruptcy law in the Mankato area, surrounding communities and all of Southern Minnesota. We understand the nuances of bankruptcy law, and we work exceptionally hard for you toward a satisfactory resolution.

At least in most cases where there is a plaintiff and you are the defendant, you know what the specific accusation is. In the case of a Mankato bankruptcy, financial matters may have snowballed outside of your control. Perhaps economic conditions sideswiped you. It happens. The bankruptcy attorneys at Behm Law Group, Ltd. do not focus on you as the cause. Instead, we focus on a best resolution for you with your circumstances in mind.

The reason the highly trained and experienced attorneys at Behm Law Group, Ltd. have had so much practice in bankruptcy law is that you are not alone. Hundreds of people have filed for bankruptcy. We have helped them, and we can help you, too. We practice bankruptcy law, but we focus on people.

Mankato residents and those living in all of Southern Minnesota can expect nothing less than professional and confidential service. We at Behm Law Group, Ltd. take our servant role very seriously. You will come to us with anxiety; you will leave with relief. Call us right now!

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If Detroit Can Do It, So Can You | Mankato, MN Bankruptcy

Behm Law Group, Ltd. provides bankruptcy attorneys in Mankato, MN and surrounding areas

Late in May, the City of Detroit made the case for its bankruptcy restructuring plan via a court filing, an event made all the more surreal since Detroit is the only United States city to ever file for bankruptcy protection. As bankruptcy law goes, it doesn’t get much bigger, or unusual, than this.

Just consider that the city argued it has the legal justification to transfer ownership of the Detroit Institute of Arts to a third-party non-profit organization. That’s right; a city is in jeopardy of losing a museum due to bankruptcy. Most individuals have to worry about losing a vehicle through bankruptcy, but the City of Detroit is trying to figure out a way to keep its museum intact. Talk about pressure.

Or, consider that the City of Detroit has been arguing that its pension annuity payments are “excessive” and those excessive pension distributions are tantamount to a Ponzi scheme. It takes a certain astonishing level of systemic financial mismanagement to refer to your city’s own pension system as a Ponzi scheme.

Not surprisingly, the City of Detroit is facing considerable pushback as it makes its legal case for the justifications surrounding its bankruptcy filing, but it should prove fascinating to watch as it unfolds.

Thankfully, individual bankruptcy filings don’t entail nearly the same seemingly impossible legal hurdles the City of Detroit faces, although individual bankruptcies can be incredibly daunting in their own right.

While chances are you won’t be trying to save your own personal museum from being liquidated to appease creditors, you will want to protect some of the most personally meaningful items and property, and that’s incredibly important to you.

Behm Law Group  understands how stressful individual bankruptcy can be, and we’ll work to ensure your bankruptcy journey is as smooth and efficient as the law allows. Our professional and knowledgeable bankruptcy attorneys have helped countless clients just like you to navigate the incredibly confusing bankruptcy landscape.

You don’t have to, and shouldn’t, go through a bankruptcy ordeal on your own. If you reside in Mankato, MN or anywhere in Southern Minnesota, and you require bankruptcy guidance, contact Behm Law Group today. We’ll be alongside you every step of the way to successfully guide you through this complicated process.

And, if you do happen to have a museum you’d like to hold on to, we’ll see what we can do about that, too.