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Avoiding Mistakes When Filing for Bankruptcy in Mankato, MN Behm Law Group offers Bankruptcy Advice

Filing for bankruptcy may seem daunting and complicated, but with the right assistance and advice during the filing and discharging process, bankruptcy may be the best thing that has happened to you financially in a long time. U.S. Bankruptcy Courts don’t exist to belittle you, shame you, or leave you out to dry during the filing process. However, there are some occasions that may make it seem that way if you forego the expert legal help our attorneys at Behm Law Group, Ltd. can provide when filing for bankruptcy in Mankato MN.

There are several common, yet crucial, mistakes that debtors can make when filing for bankruptcy. Without legal assistance, you could be subject to making mistakes concerning these aspects of your financial situation during the filing process:

Settling Debt: If you have begun the filing process, you should avoid paying your unsecured creditors (creditors that do not have collateral) such as credit cards, medical debts and other debts that you do not wish to retain. These debts will be discharged in the bankruptcy. Continuing to pay them will neither improve your credit standing following the bankruptcy nor incentivize creditors to lend you credit. Paying on these debts is like “throwing good money after bad”. It will do absolutely nothing for you. Of course, you should continue to pay on secured debts (creditors that do have collateral), such as mortgage lenders and vehicle lenders, that you want to retain.

Retirement Funds: Because your creditors legally cannot touch your retirement account, you should not cash in your funds until the process is complete. You should never use your retirement money to “settle” your debts. By doing so, you are essentially wasting a financial “nest egg” that you have worked hard to establish that you can fully protect in bankruptcy.

Family Loans: Avoid paying off family loans or helping family and friends financially during or directly before the filing process. Your creditors and the bankruptcy trustee administering your bankruptcy case may bring a lawsuit against your family and friends to recover the money you paid them.

Property: Hold all your current property in your name during the bankruptcy process. DO NOT transfer property out of your name. If you do transfer assets out of your name, you will most assuredly lose the property you transferred.

Lawsuits: Because pending lawsuits or lawsuits against you will continue until your bankruptcy is filed, you should not ignore these suits. Our attorneys can help advise you on lawsuits and determine whether or not you should respond before a bankruptcy is filed.

Purchases: Making large purchases on your credit cards or cash advances in other forms is a frequent mistake made during the filing process. Wait until the process is complete to ensure you won’t still be accountable for these charges.

The professional attorneys at Behm Law Group, Ltd. are here to keep you from making these common mistakes and other important missteps when it comes to filing for bankruptcy in Mankato, MN. For more information, contact us at (507) 387-7200.

 

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Why It Is Wise to Hire a Bankruptcy Attorney

If you live in Marshall, MN, and are contemplating filing for bankruptcy, it makes the most sense to hire a bankruptcy attorney with Behm Law Group, Ltd. vs. doing it yourself. Filing on your own without the assistance of an attorney is a process known as “pro se” representation.

While some folks think it might save them some money by filing “pro se,” it’s actually not a wise thing to do for several reasons. They include the following:

  • A lot is at stake when you file for bankruptcy, and filing a bankruptcy petition by yourself can be a complicated and demanding process.
  • Attorneys have the experience and training necessary to give you the best advice possible for your specific bankruptcy situation.
  • Judges, trustees, and creditors’ lawyers are comfortable working with bankruptcy lawyers and aren’t always happy to be working with someone who is not familiar with the intricacies of the law. A trustee may even request that you hire an attorney if they believe that an attorney will benefit you.
  • A bankruptcy attorney looks out for your best interests at every step of the bankruptcy process and makes sure you receive the full relief to which you are entitled under bankruptcy law.
  • Bankruptcy can be an intimidating and time-consuming process. You will need to fill out many forms, research the law, and attend hearings. If you are not comfortable with any aspect of the bankruptcy process, consider hiring Behm Law Group, Ltd. We will prepare the forms, attend the hearings with you, and guide you through the complicated process.
  • An overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court.

If you’re facing the possibility of filing for bankruptcy in Marshall, MN, it’s wise to give Behm Law Group, Ltd. a call at (507) 387-7200 to discuss your options. We’re standing by to assist you with the complexities of filing for bankruptcy!

 

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The Differences Between Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Fairmont, MN

If you’re struggling to pay your bills and being hounded by debt collectors in Fairmont, MN, you may be contemplating filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Fortunately, the compassionate and knowledgeable team at Behm Law Group, Ltd. can assist you with your decision to file for bankruptcy.

Below is a brief rundown of the differences between Chapter 7 bankruptcy, which is referred to as a liquidation, and Chapter 13 bankruptcy, which is called an adjustment of debts of an individual with regular income or a reorganization.

Your financial situation generally dictates which type of bankruptcy you will file for. Chapter 7 is for people with little or no income, while Chapter 13 is for folks who have a higher and regular income. Reportedly, the most common filing is Chapter 7. Companies, married couples, and individuals are allowed to file Chapter 7. Companies are not allowed to file Chapter 13.

A debtor filing Chapter 7 bankruptcy is essentially scrapping everything and starting over, hoping for a clean financial slate. Once the filing is underway, an administrator or trustee is appointed to manage the sale of the debtor’s assets. This does not mean everything that the person owns is sold. Both state and federal laws allow for certain exemptions, meaning that the debtor might get to keep some property, such as his or her private residence and/or personal items like clothing.

Once the debtor’s assets are liquidated, the trustee pays certain creditors a portion of the money raised. Of course, not all of the creditors receive money from the proceeds, so many of the debtor’s financial obligations are forgiven or discharged. Once a person has filed for bankruptcy under Chapter 7, he or she can’t file again for eight years.

Chapter 13 is a reorganization bankruptcy designed for debtors with regular income who can pay back at least a portion of their debts through a repayment plan. If you make too much money to qualify for Chapter 7 bankruptcy, you may have no choice but to file for Chapter 13. Many debtors choose to file for Chapter 13 because it offers many benefits that Chapter 7 does not. These benefits include the ability to catch up on missed mortgage payments or strip wholly unsecured junior liens from your house.

In Chapter 13 bankruptcy, you get to keep all of your property, including non-exempt assets that you could otherwise lose in a chapter 7 case. In exchange, you must pay back a portion of your debts through a repayment plan. The amount you pay back depends on your income, expenses, and types of debt.

If you think you are a viable candidate for either Chapter 7 or Chapter 13 bankruptcy, give Behm Law Group, Ltd. a call at (507 ) 387-7200. We’re standing by to discuss the intricacies of all four types of bankruptcy (7,11, 12 and 13) and to help you make the best decision for you and your family.

 

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Will Dire Farm Economy Predictions Result in More Bankruptcies in the Redwood Falls, Minnesota Area?

The U.S. Department of Agriculture is predicting that farmers will produce a record corn crop in 2016. But if Minnesota economic forecasts of dropping commodity prices, a stronger U.S. dollar, and weak global growth create fallout in the Redwood Falls, Minnesota area, Behm Law Group, LLC is ready to help.

Analysts are worried that the combination of healthy supplies, the strength of the U.S. dollar, and slow growth in world-wide demand have kept prices for corn and soybeans low. The result is harming the profits of Minnesota farmers and it could impact other related businesses.

Stephen Behm and the staff at Behm Law Group, LLC are keeping an eye on the latest trends and their impact on the local economy. Behm Law Group has earned a reputation for skill and excellence in the field of bankruptcy law in the Redwood Falls area. They have assisted hundreds of people to make a fresh start financially through Chapter 13, 12, and 7 bankruptcies.

The outlook for 2016 does have some bright spots as well: forecasters credit Minnesota’s large and diverse economic base for helping it absorb the global slowdown. There is a reason for optimism with job gains in education, health care, retail, and finance, as well as a need for tradespeople as homebuilding activity begins to rebound.

If Minnesota’s changing economic fortunes leave you seeking some assistance and you need questions answered, Behm Law Group, LLC offers private and free bankruptcy information. These meetings at the Redwood County courthouse are available to anyone and we expect no commitment should you decide to attend.

Behm Law Group, LLC wants to help you navigate the ever-shifting world economy and get the relief you need through bankruptcy, even if it’s only by having a conversation to help you answer some questions and figure out your options. You don’t have to live with crushing debt and hounding collection calls. Allow us to do what we have confidently and successfully done for hundreds of others: help you with a fresh financial start.

 

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Dismissal Versus Discharge in the Worthington, Minnesota Area

In the Worthington, Minnesota area, going through the bankruptcy process can be a bit confusing. There are papers to complete, assets to assess, and numerous monetary concerns to consider. Which document means what, and how exactly does one get through the process with the most success? Where to begin a filing and where to end it?

Though the process can be troublesome, it’s important to make sure that you understand the language used throughout your personal bankruptcy filing, especially when it comes to the difference between “discharging” or “dismissing” debts.

In today’s post, just in time for St. Patrick’s Day, we’ll examine the distinctions between these two separate processes, one of which is fittingly known as “the pot of gold.”

Discharge: This process is truly the pot of gold at the end of a bankruptcy filing. If your case is discharged, that means that all former debts are satisfied and creditors may no longer hold you responsible for past expenses. In this outcome, the filer is truly free of their debts and is clutching onto that pot of gold, successfully walking away from their bankruptcy case.

Dismissal: Dismissal is somewhat more complicated than discharge. There are three specific reasons for this:

  1. Dismissal means that the entire bankruptcy filing is deemed void.
  2. Dismissal can sometimes occur before, during, or after a bankruptcy discharge. This can yield different results depending on the personal situation and can be either a positive or negative outcome.
  3. Dismissal means creditors still have the ability to pursue past debts. This means that filers are not free of their debts.

Of these two options, those filing for bankruptcy typically hope for a discharge rather than a dismissal. Especially around this time of year, everyone is searching for a pot of gold!

In the Worthington, Minnesota area, your personal bankruptcy filing should be clear and easy to understand. For all your concerns regarding bankruptcy, contact the professionals at Behm Law Group Ltd. today.

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The Case for Discharging Student Loan Debt in the Mankato Minnesota Area

Over the past few weeks, we’ve been examining how to discharge student loan debt in the Mankato, Minnesota area. Bankruptcy is an option in specific circumstances, but does not always apply to every student. So, how are you supposed to know whether or not your case is valid?

This week, we’ll take a look at a few cases of student loan debt that arrived in bankruptcy court. Although some were more successful than others, each of these cases offers an important look into the world of discharging student loans through bankruptcy:

  1. Case One: This case involves a telemarketer working for $8.50 per hour. At fifty years old, barely making enough to get by, this person was released from their student loans through bankruptcy because they were trapped in a cycle of poverty and debt.
  2. Case Two: A part-time cellist and music instructor came to bankruptcy court after years of attempting to pay student loan debt. This person was denied their claim because, despite their college degree, they had chosen to accept low paying work. The courts ruled in this case that the individual could be capable of earning more money.
  3. Case Three: A married couple obtained a discharge through bankruptcy because they were both working part time jobs and paying private school tuition for their children. The courts ruled this couple could follow a future repayment plan for their student loans.
  4. Case Four: Generally speaking, if the borrower attended a school deemed fraudulent, or if their education was not ultimately beneficial to them, the courts often rule to discharge the borrower’s loans through bankruptcy.

There are a number of ways in which student loans can impact people in the Mankato, MN area. Whether you’re trapped beneath your student loans, or curious whether or not you may have a bankruptcy case, the professionals at Behm Law Group, Ltd. are here to help. Give us a call today.

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Bankruptcy Relieves Student Loan Debt in the Waseca, Minnesota Area

For many students nearing graduation in the Waseca, Minnesota area, it can be overwhelming to consider their impending student loan debt. Although many believe that this particular type of debt cannot be discharged through bankruptcy, there are actually a few specific circumstances where bankruptcy can grant individuals relief from their debt.

If you’re struggling to repay student loans or fearful about the future of your upcoming debts, it may be time to take an important examination to determine whether or not you’re eligible for bankruptcy.

In Minnesota, the standard for determining whether or not you’re able to discharge student loan debt through bankruptcy is known as the “totality of circumstances” test. Though school is full of exams and quizzes, this may be one of the most helpful tests you’ll ever take. So, let’s do a little studying up on the totality of circumstances test:

The totality of circumstances test addresses all relevant factors influencing your ability to pay back student loan debt rather than just a few specific ones. Here are a few personal, relevant factors that may impact your ability to pay back your debt:

  1. Are you able to purchase necessities such as food and housing? You need food, water, and housing in order to survive. That goes without saying! However, if you’re unable to afford these basic items as a result of your debt, it may be time to consider bankruptcy.
  1. Are you trapped in a cycle of debt? This means that you’re continually unable to pay off your loans. If so, this may be a circumstance that can contribute to a bankruptcy filing.
  1. Are you working towards repaying your debt? Making regular payments certainly shows that you’re putting in the effort to be rid of your debt, but if that effort is not enough, bankruptcy may be a viable option!

In the Waseca, Minnesota area, discharging student loan debt through bankruptcy may be the best option for people who pass the totality of circumstances test. To determine your eligibility, or to learn more about bankruptcy filings, contact the professionals at Behm Law Group Ltd. today.

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Bankruptcy is All Relative in the Fairmont, Minnesota Area

When you’re watching television in the Fairmont, Minnesota area, what do you usually think about? Are you focusing on the plotline and characters, the filming techniques, or perhaps something else entirely?

Though much of television drama happens onscreen, there is a fair portion that happens behind the scenes. There are actors and directors and writers, all with unique perspectives that help build the content that arrives onscreen. For one especially dramatic media company, the reality of bankruptcy has been written into their path to success, forcing them to rescript their financial structuring to remain afloat.

This recent off-screen television drama deals with the bankruptcy of Relativity Media, a case with hearings this week in New York, Delaware, and California. If you’re curious about this company‘s turbulent ride through Chapter 11 bankruptcy, here are a few interesting details to consider next time you turn on the tube:

What is Relativity Media? Relativity Media is a recently bankrupt media company with ties to the television shows Limitless, Catfish, and Kim of Queens, and movies such as The Fighter, Limitless, Safe Haven, and Act of Valor.

What Happens Next? As a result of their Chapter 11 bankruptcy filing, Relativity Media has been divided into TV and film divisions. The television portion of the business has already been sold, which will hopefully preserve some of Relativity’s content!

Who is their Leader? Prior to this bankruptcy filing, Ryan Kavanaugh was the CEO of Relativity Media. After a financial restructuring, however, there’s talk that Kevin Spacey will be the next commander of this multimedia company.

When will Relativity Media emerge from bankruptcy? The company will continue working on their bankruptcy hearing through the end of February. We’ll see what happens after that!

Relativity media is just as fallible as the rest of us in the Fairmont, MN area. Although we can attempt to protect ourselves from bankruptcy, there are certain incidents that we simply cannot anticipate.

If you have been surprised by a recent turn of financial events that may have you considering filing for bankruptcy, or have questions about your financial health, contact the professionals at Behm Law Group, Ltd. today!

 

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Knowing When and How to File For Bankruptcy in New Ulm, MN

Filing for bankruptcy may be a daunting task in New Ulm, MN, and knowing how and when to do so can be overwhelming. The attorneys at Behm Law Group, Ltd. will help you with your bankruptcy process by making it flow smoothly and easily.

The timing for when you file for bankruptcy can be an advantage or detriment to the bankruptcy process. For instance, there is a popular belief that one can splurge with a large amount of money right before filing for bankruptcy and not have to pay it back.

This is simply not true.

The money will have to be paid back and, in addition to that, the legitimacy of the bankruptcy claim may be questioned. Our attorneys will inform you whether you qualify for bankruptcy and which bankruptcy option is best for you.

There are two ways one can file for bankruptcy in New Ulm, MN. The first is voluntary and the debtor chooses to file for bankruptcy. The second is when a debtor is forced by a court order to file for bankruptcy.

How to file for bankruptcy depends on the type of debt you have. At Behm Law Group, Ltd., we assist with filing for Chapter 7, 12, and 13 bankruptcies. Since Chapter 12 is for fishermen and family farmers with a regular annual income, most people choose Chapters 7 or 13.

Chapter 7 bankruptcy does not allow the debtor to repay their debt using a payment plan. Rather, the debtor’s non-exempt assets are sometimes sold in order to pay some of their debt.  While much of the analysis would depend on the value of property and the amount of debt, if any, against that property, some non-exempt property may include a second home or car, family heirlooms, or an expensive musical instrument. A person eligible for Chapter 7 does not have an income to pay off or materially reduce over time the debts that have accrued.

Chapter 13 bankruptcy allows debtors with a regular income to repay all or a portion of their debt based on their income. The debtor will repay the debt for the next three to five years. This process can be a tad more complicated, but the professionals at Behm Law Group, Ltd. will make the bankruptcy process easier and understandable.

Knowing your options during your bankruptcy in New Ulm, MN will help make for a smoother process. The professionals at Behm Law Group, Ltd. will take you through the process and thoroughly inform you every step of the way.

 

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Make a New Year’s Resolution to File for Bankruptcy and Get Out of Debt in Mankato, MN

2016 has arrived, and that means that people in Mankato, MN and across the nation are making resolutions to change their lives for the better in the new year. If you have been struggling with debt in the past, the big question on your mind might be, “How will I handle my finances for the new year?”

Whether you’ve already filed for bankruptcy or you’re still considering your options, starting the new year with a “get out of debt” mindset will help you come out of the financial hole you’re in.

Here are a few ways you could make your debt-cutting process easier:

  1. Put yourself on a budget. Yes, you’ve probably already heard that, but setting and adhering to a budget is imperative to getting out and staying out of debt. Identifying and curbing your spending on surplus or unnecessary items will help keep you from using your money on the same purchases that most likely put you in debt. For instance grocery shop on a budget and adhere to it and search for discounts and try your luck with thrift stores when buying clothing.

 

  1. Avoid using credit cards for the most part. While in debt, you need to save the money you spent that created the debt. Breaking some of the bad habits starts with ceasing the use of credit cards. They are part of the source of your debt, thus, saving as much as you can, will help you pay off your debt faster.

 

  1. Make the process fun. It never hurts to have a little fun, right? Being optimistic about cutting down your debt will make the task seem less daunting and drawn out. Create incentives for yourself every time you pay off a credit card, utility bill, or loan.

 

  1. Reach out your family and friends for emotional support. At Behm Law Group Ltd., we do our best to help you file for bankruptcy quickly and efficiently so you can find relief from debt. However, being in a state of bankruptcy still causes some stress and emotional strain, so reaching out to friends and family can help relieve the stress and give you more peace of mind.

 

Contact the professionals at Behm Law Group, Ltd. in Mankato, MN. We can provide you the bankruptcy services you need to start off fresh in 2016!