Deciphering the Language of Bankruptcy in the Mankato Minnesota Area

If you’re living in the Mankato, MN area, it’s likely you’ve heard plenty of jokes about Minnesotan dialects and language. There are all sorts of local idioms around these parts, from “Duck, Duck, Gray Duck” to “hot dish,” each of which belong proudly situated within the culture of Minnesota.

When it comes to the culture surrounding bankruptcy, it’s no surprise that it has a language all its own. There are all sorts of words that sound unfamiliar, even in a basic definition of what “bankruptcy” means:

“A federally authorized procedure by which a debtor—an individual, corporation, or municipality— is relieved of total liability for its debts by making court-approved arrangements for their partial repayment.”

…What?!

Including a few words from that definition, Behm Law Group, Ltd. has a list of key terms that will help you translate the language of bankruptcy:

  1. Liabilities are monetary or legal obligations.
  2. Debts are monetary or legal obligations that are owed.
  3. Debtors can be people, partnerships, corporations, or municipalities. The debtor is the subject within a bankruptcy case, meaning they owe money or have legal obligations towards another person or organization.
  4. Creditors are people or organizations that debtors owe. Typically, they are owed either money or another legal entity.
  5. Assets are all forms of property held by the debtor.
  6. Liquidated debts are for a specific, numerical amount. While debtors are still responsible for non-liquidated debts, their exact monetary amount is not known.

With this list of terms in your dictionary, it should be just a little easier for you to decipher the complex vocabulary within a bankruptcy filing.

Whether you speak the language of bankruptcy fluently, or you’re still a little confused, the professionals at Behm Law Group, Ltd. can help. For a clear, simple translation of bankruptcy in the Mankato, Minnesota area, contact Behm Law Group, Ltd. today.

Managing Financial Fitness After Bankruptcy in the Mankato and Southeast Minnesota Area

If you’re living in the Mankato and the southern Minnesota area, this is your summer to get fit with Behm Law Group, Ltd. At Behm Law Group, Ltd, “fit” doesn’t mean low-fat smoothies, long outdoor runs, or a perfect beach body. Here, “fit” means managing personal financial fitness in order to make the best decisions regarding bankruptcy. Although you may think your finances are in shape, we’ve devised a workout plan to manage your monetary health this summer.

1. Learn the facts: Bankruptcy can happen to anyone. Did you know that over four million families filed for bankruptcy between 2008 and 2010 within the United States alone? Or that many people don’t file for bankruptcy when they should? Knowing the facts about bankruptcy is the first step to improving your overall financial health.

2. Manage your credit: Maximize your credit score by paying bills on time and tracking credit card balances. It can be easy to lose track of payments or bills, especially during summer vacations or holidays. Continued missed payments can lead to both debt and bankruptcy. Be sure to create a schedule in order to follow bill schedules, exceed minimum payments, and avoid accruing debt.

3. Boost your nest egg: Even if money’s tight, try to invest a small amount of each paycheck into a future nest egg. Anyone, whether excessively wealthy or living between paychecks, is susceptible to bankruptcy if they experience a sudden accident, financial crisis, job loss, or serious illness. It’s healthiest to prepare before disaster strikes.

The attorneys at Behm Law Group, Ltd can help get your finances back in shape. When filing for bankruptcy is the healthiest option for your finances, Behm Law Group, Ltd can answer questions, offer advice, or create a monetary workout that best suits your needs. If you live in the Mankato or southern Minnesota area, and you are ready to get financially fit, contact Behm Law Group, Ltd today.

Small Business Owners in Mankato, MN – Should you file chapter 13 or chapter 7 bankruptcy?

If you’re a small business owner and you’re considering filing for bankruptcy, it’s important that you have information on which type of bankruptcy you should file for. Filing fort bankrupcy it is definitely not an ideal situation, but sometimes it’s necessary. Having the right information will help you to make the right decision so that you can begin to improve your financial situation in the most effective way possible. If you’re a small business owner in Mankato, MN, then chapter 7 bankruptcy will more than likely be the right option for you. In some cases, however, chapter 13 bankruptcy may be a more viable option.

 Let’s take a look at your options to find out which one you should choose:

 Reasons to choose chapter 7 bankruptcy:

  • It will be settled much faster – Chapter 7 bankruptcy cases usually conclude in a matter of months whereas chapter 13 bankruptcy cases can take three to five years.
  • It will be easier to start a new business – You can’t file bankruptcy for your business with chapter 13 bankruptcy. It would be much easier to close your current business down under chapter 7 than to try to keep it afloat while also having to deal with chapter 13 personal bankruptcy. You can deal with your debts and start a new and improved debt free business.
  • You aren’t required to pay your unsecured debt – In chapter 13 bankruptcy you will be required to pay at least some of your unsecured debt in most cases. You aren’t obligated to do that under chapter 7 bankruptcy.

When chapter 13 bankruptcy may be the right option:

  • You have an asset rich business – If you’re a small business owner and you don’t want your business to be shut down because it has a high amount of valuable assets that you want to keep, you should not file for chapter 7 bankruptcy. You may even want to try and settle your debts on your own and avoid filing altogether.
  • You want long term protection – If you want more time to catch up on certain payments like your mortgage or car payment under the protection of bankruptcy law, then chapter 13 bankruptcy is a better option.
  • You have a unique asset that you want to keep – If you have a certain asset that is not protected under chapter 7 bankruptcy but is protected under chapter 13 bankruptcy, then choose the latter.

Hopefully this information can help you make the right choice. If you’re a small business owner and are considering filing for bankruptcy or just want more information, contact the professionals at Behm Law Group Ltd in Mankato, MN. We’re here to guide you and help you build a better financial future.

 

 

 

 

 

 

 

 

 

There’s No Shame in Asking for Help When Filing for Bankruptcy | Mankato, MN

Discussing money can be uncomfortable, so much that it’s often a taboo subject at social gatherings or holiday parties. When it comes to filing for bankruptcy in the Mankato and southeastern Minnesota area, some people may feel embarrassed or ashamed, perhaps because they believe filing for bankruptcy is an uncomfortable public admission of a difficult financial situation.

Fortunately, a recent study shows that these embarrassed individuals are in the minority. Only about one quarter of Americans believe that shame is a major disadvantage of filing for bankruptcy, which is likely because bankruptcy has become quite common within American households:

  • 24% of households have considered filing for bankruptcy
  • 18% of households have filed for bankruptcy
  • 32% of households with children under 18 have considered filing for bankruptcy
  • 25% of households with children under 18 have filed for bankruptcy

Now that bankruptcy has become a reality for more households, there are other disadvantages that outweigh embarrassment when filing. Rather than considering shame, Americans now tend to feel more concerned about fiscal, credit-based matters, such as their credit score or relationships with businesses.

Bankruptcy is not something to feel ashamed about and, fortunately, more than half of Americans agree. Fifty-five percent of those interviewed said that a major advantage of bankruptcy is getting a fresh start. Filing for bankruptcy can be a difficult decision and process, but receiving another chance at financial success is certainly an advantage.

Bankruptcy has become a personal subject for nearly one of four adults within the United States. With that statistic in mind, it’s important to find a bankruptcy specialist that appreciates your financial needs. At Behm Law Group, Ltd, we understand the importance of a fresh financial start in the Mankato and southeastern Minnesota area.

Three quarters of Americans agree—there’s no shame in asking for financial help. Call Behm Law Group Ltd. today.

How Do You Insure Against Bankruptcy in the Mankato Area?

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.

What does a Municipal Bankruptcy Mean?

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.

Recovering Tuition in Bankruptcy in Mankato, Minnesota

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.

Heirlooms & Bankruptcy in Mankato, Minnesota

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.

Rebuilding After A Bankruptcy in Mankato, MN

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.

Accidental Bankruptcy in the Mankato, Minnesota Area?

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!