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Risks of Bankruptcy in Waseca, MN: When Your Spouse Is Liable for Your Business Debt

Any business venture comes with some risk. Most businesses don’t become profitable for at least two years. Unfortunately, about 20% of new businesses fail within two years; 45% fail within five years; and 65% fail within ten years of opening. There are many reasons why businesses fail, from low financing to overly rapid expansion, but the majority of business failure happens because of a complex combination of factors. If you’re facing business debt you know you cannot repay, it may be time to consider taking more direct actions to resolve those financial issues.  Bankruptcy can greatly aid your financial recovery. You need to know what the risks of bankruptcy are.

Risks of Bankruptcy

Bankruptcy is one way many businesses recover from overbearing debt, either in a reorganization bankruptcy that allows the business operations to continue, or with a liquidation case that cuts their losses and closes the company. If you own your business as a sole proprietor or a partnership, Chapter 13 bankruptcy could be the best choice for restructuring your company and personal debts into a repayment plan. If your business is a limited liability or a corporation, and you are ready to liquidate and shut down operations, Chapter 7 bankruptcy might be the best answer. Behm Law Group Ltd. can help individuals and small businesses filing for Chapter 13 or 7. Our attorneys provide legal protection and guidance throughout your case, including giving important information about the benefits and risks of bankruptcy in Waseca, MN, and the surrounding area.

In the Risks of Bankruptcy Usually Benefits Outweigh Risks

In most situations, the benefits far outweigh the risks of bankruptcy if you’re in the right circumstances to file an individual or business case. However, the structure of your business determines who is responsible for the business debt included in your case. In some instances, you and your spouse may both be personally liable for business debts.

First, you are always responsible for your business debt if your company is a sole proprietorship or if you are a general partner in a business. If this is the case, your personal and business debts would be included together in your bankruptcy.

Business Debts is

If you and your spouse own a business together and the business is structured as a partnership, both the individual debts for you and your spouse and the business partnership debts would need to be included in a Chapter 7 or Chapter 13 bankruptcy case.  Another example where you and your spouse would be personally liable for business debts in a bankruptcy case is if your business is a corporation and you and your spouse signed personal guarantees with the creditors. In this case, even if your business is organized as a limited liability company or a corporation, you and your spouse would be personally liable for any business debts.

Summary

For more information about why the benefits often overrule the risks of bankruptcy in Waseca, MN, and the local region, contact Behm Law Group Ltd. by calling (507) 387-7200 or emailing stephen@mankatobankruptcy.com.

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Overview of the SBRA and Chapter 11 Bankruptcy for Small Businesses in Jackson, MN

The Small Business Reorganization Act (SBRA) was signed into law on August 23rd, 2019, and went into effect on February 19, 2020. For small businesses struggling with debts, this act could help them file for bankruptcy relief without the loss of their business in liquidation and without having to incur the extreme costs of a typical Chapter 11 reorganization bankruptcy case. The rules of the SBRA make it much less expensive for small businesses to file for Chapter 11 bankruptcy. If you’re considering filing a case as an individual or small business, Behm Law Group, Ltd. can help you file for Chapter 13, Chapter 11 or Chapter 7 bankruptcy relief in Jackson, MN and the surrounding area.

The SBRA provides subchapter rules to Chapter 11 that essentially lower the total cost of filing for businesses with debt loads equal to or less than $2,725,625.00 (excepting debts to affiliated parties or business insiders). Before this act, Chapter 11 business debt reorganization bankruptcy was considered so costly that most small businesses weren’t able to afford it.

Since the enactment of the SBRA, many small businesses now have the ability to file Chapter 11 and keep their company operations running rather than filing for Chapter 7 bankruptcy and having their businesses liquidated.

The first and foremost way the SBRA reduces costs of Chapter 11 for small businesses is by eliminating all fees except the initial filing fee. Other ways that costs are reduced include the following:

  • The court assigns a trustee to the small business case. This trustee acts similarly to a trustee in a Chapter 13 (reorganization bankruptcy for individuals) and helps keep the business on track for repayment throughout the case.
  • There is no appointed committee of creditors, and this eliminates costs of creditors’ legal professionals that the filer could be partially responsible for.
  • The repayment plan confirmation process is streamlined because the court will not require a disclosure statement that provides repayment details to creditors. This prevents possible contested hearings and extensions of the case that could add additional costs.
  • Finally, the SRBA reduces strict confirmation requirements for repayment plans. Plans will be approved as long as they don’t discriminate against specific creditors and the repayment amounts are reasonable with respect to projected monthly business income and projected monthly business expenses and the current debts of the business. This quick confirmation process prevents drawn out, costly back-and-forth interactions between creditors and the business filing for Chapter 11 bankruptcy relief.

This brief overview of the changes made to Chapter 11 bankruptcy through the Small Business Reorganization Act is just a general look into the new law. To learn more on how the SBRA may affect your ability to file, you can view all the details on congress.gov.

For more information about filing for Chapter 13, Chapter 11 or Chapter 7 bankruptcy in Jackson, MN as an individual or as a business, contact Behm Law Group, Ltd. at (507) 387-7200 today or stephen@mankatobankruptcy.com.

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Benefits of Choosing Bankruptcy over Debt Adjustment in Waseca, MN

There are many ways to incur debt, from credit cards to car loans. If you are struggling to make ends meet each month because of your debts, don’t despair. There are several ways you can get debt relief, whether that means you work out an agreement with your creditors, or take legal action and file for bankruptcy. Despite the negative image bankruptcy tends to receive, the process is one of the most effective ways to get debt relief in the long term. In fact, bankruptcy can resolve your debts without the “band-aid effect” other kinds of debt relief result in. With the help of Behm Law Group Ltd., you can rid yourself of unmanageable debts by filing for bankruptcy and steering clear of the negative impacts of debt consolidation, debt settlement, and debt adjustment in Waseca, MN.

 

Almost all non-bankruptcy forms of debt relief (with the exception of debt forgiveness) create similar situations for the debtor and treat debt in similar ways. Debt adjustment, settlement, and consolidation are three common methods of debt relief outside of bankruptcy. However, they may only give you temporary relief with the added damage of more debt in the long run.

 

 

How Common Debt Relief Methods Work

 

  • Debt adjustment is an agreement you can work out with your creditor to lower your monthly payment amount, allowing you to pay that debt off over a longer time period. While this means you’ll have to pay less each month, it also means you’ll end up paying more to your creditor overall because of the added interest.
  • Debt settlement is another agreement you can make with your creditor and a debt settlement company. In this case, you and your creditor agree on a reduced debt amount and you begin making payments to the settlement company. However, the company can withhold your payments from your creditor, making your credit decrease significantly when your financial records show that you’ve defaulted or made late payments on your debt. In addition, you typically will get taxed on any debt that may be forgiven or written off.
  • Debt consolidation agreements between you and a third party creditor work to take out a loan from that creditor to repay all your other debts, effectively consolidating all your debts into one. These debts often have interest rates that increase over time and force you to be in debt longer.

 

 

Why Bankruptcy Is Better

Debt relief options like debt adjustment, settlement, and consolidation provide quick fixes without addressing long-term solutions. They will most likely put you into a situation where you pay more in interest for a much longer period of time. Choosing bankruptcy instead gives you a chance to resolve your debts under the administration of a court-protected process as well as the added protection of a bankruptcy attorney. While it will cause your credit to drop (just like most other debt relief processes), bankruptcy will effectively discharge or restructure your debts into a reduced plan spanning over a predetermined payment period.

 

 

To learn more about filing for bankruptcy over debt adjustment in Waseca, MN, or other forms of debt relief, contact Behm Law Group Ltd. at (507) 387-7200 today.

 

 

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How to Use Your Tax Refund While Filing for Bankruptcy in Redwood Falls, MN

As tax season approaches, everyone filing has to take time to look at their finances in more detail than usual. For many individuals and businesses, a financial overview may show just how much they are struggling with the weight of debt. For those with too much debt than they know what to do with, tax season may be the perfect time to consider a long-term solution. At Behm Law Group, Ltd., we’ve found that there are many cases where tax season was the most effective time for those considering filing for bankruptcy in Redwood Falls, MN to take the next step forward.

 

Whether you have credit card debt, mortgages, or most other forms of debt, filing for bankruptcy can act as a recovery system that helps you resolve those debts under government protection. For most with a steady income that overbalances their debt-to-income ratio, the process of Chapter 13 bankruptcy is the most effective as it restructures your debts into a three- to five-year repayment plan suited to your own financial situation.

 

Because of the demand that a Chapter 13 plan puts on all your disposable income, you will most likely have to forfeit some of your yearly tax refunds you receive to your trustee for the repayment of your unsecured debts. While your trustee may allot some of that refund for you to spend or save, you will not be able to retain all of it.  To get the most use out of your tax refund if you plan to file for bankruptcy, you should plan to use it before you file your petition.

 

If you use your tax refund prior to filing for bankruptcy, you will have to spend it all or you may have to surrender some of your tax refund to the trustee. To get full use of your refund without being at fault when the time comes to file, you should expect to only use the refund for:

 

  • food and prescription medicine
  • mortgage or rent
  • home maintenance and repairs
  • utilities
  • education costs
  • clothing
  • insurance
  • medical or dental costs
  • car payments, repairs, and maintenance
  • homeowners association fees

 

The best use of your tax refund if you plan on filing for bankruptcy is for it to go to these expenses. When you use your refund for these purposes, it’s also critical to keep accurate and legitimate records of all your spending. With the help of a Behm attorney, you can record and collect necessary information and documents that will fully demonstrate your use of your tax refund for these expenses rather than other debt payments. Your trustee will most likely require a tax return for the year prior to and the year you file for bankruptcy on top of the additional bankruptcy petition documents.

 Find Professional Help When Filing for Bankruptcy

To learn more about how to use your tax refund before filing for bankruptcy in Redwood Falls, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Why Post-Holiday Debt Can Be a Real Reason to File for Chapter 13 Bankruptcy in New Ulm, MN

The holidays are a wonderful time of year for many households. It can be a time when love and kindness pair with quality family time and a break from the regular work schedule. However, because it’s also the time of year when we spend the most money, it can be one of the most difficult times for some who have little to spare.

 

Food, gifts, decorations, and travel expenses make up the bulk of most consumer’s spending from October to January. The time from Halloween to the New Year fills a quarter of the year when spending can be out of control. At Behm Law Group, Ltd., we understand the financial pressure you may experience during the holidays, and we know from experience with other clients that post-holiday debt is a perfectly valid reason to file for Chapter 13 bankruptcy in New Ulm, MN.

 

Chapter 13 bankruptcy works to restructure your debts under the administration of a bankruptcy trustee. This restructuring turns your unmanageable debts into a repayment plan that fits your income and benefits you and creditors alike.

 

The primary way most individuals pay for holiday expenses is with a credit card. As many know, credit cards have some of the highest interest rates compared to any other debts you can incur. With the amount most people spend around the holidays, it’s inevitable that large credit card debt amounts are vastly increased from October to January across the country. Annual post-holiday debt surveys show that the average consumer spends upwards of $1,000 during the holidays, and many predict that amount will increase each year.

 

While it’s easy to get carried away with holiday spending, it’s much harder to come back from credit card debt in the long-term. Struggling with the weight of excessive interest rates can be remedied with a Chapter 13 repayment plan.

 

Chapter 13 bankruptcy is a highly effective process for those with a steady income, a family to support, and a desire to protect all their properties from the liquidation that occurs in a Chapter 7 case. When you file a Chapter 13 bankruptcy petition, your creditors have an automatic stay placed on their ability to collect debt, and you can begin building an appropriate repayment plan that will last three to five years.

 

The debts involved in your repayment plan are treated based on the loan agreements you made with your creditors (secured, unsecured, or priority). Because credit card debt is unsecured debt, it is most likely to be discharged up to 100% in a repayment plan.

Find Professional Help when Filing for Chapter 13 Bankruptcy

Holiday spending is hard to avoid, but a reasonable amount of spending that fits into your budget can be a great way to add cheer to your holiday season. However, if you find yourself struggling with post-holiday debt on top of other debts, filing for Chapter 13 bankruptcy in New Ulm, MN might be the right choice for you. To learn more about bankruptcy, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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When, Why, and How You Can File for Emergency Bankruptcy in Marshall, MN

Filing for bankruptcy can be a highly beneficial remedy for severe consumer or business debt. While the majority of benefits gained from bankruptcy are long-term, filers will see an immediate benefit gained from the protection of the automatic stay. When you file your bankruptcy petition, a stay preventing your creditors from collecting payments from you will automatically be put into place. In some situations, filers may need to speed up the process leading up to the automatic stay by filing for an emergency bankruptcy. If you’re considering filing for bankruptcy, Behm Law Group, Ltd. provides the counsel you need to build a strong case and the guidance you need to determine if you should file for an emergency bankruptcy in Marshall, MN.

Filing for an emergency bankruptcy gives you automatic stay protection from creditors sooner than a standard bankruptcy. The process is completed online with fewer forms and less paperwork than a typical bankruptcy case would require, but an emergency bankruptcy can only be filed if your situation meets certain circumstances.

 

When and why?

You can file an emergency bankruptcy if you would not be able to complete the full paperwork before an event that will directly affect your case occurs. For example:

  • you have an impending foreclosure
  • you are facing repossession
  • your wages will be garnished
  • you have a collection lawsuit

There may be other events that could allow you to file an emergency bankruptcy, but they must be time-sensitive issues. You will also be required to complete and file the rest of the bankruptcy papers within 14 days after filing an emergency bankruptcy.

 

How?

To file an emergency bankruptcy, you must complete a set of online forms and meet some other requirements, including:

  • filling out the primary bankruptcy petition document that covers your general information, which chapter you are filing for, and your identity information
  • a list of your creditors, including their names and addresses
  • your certificate of completion for the credit counseling requirement
  • payment of the filing fee, or an application to have the fee waived or paid in an installment plan

 

Behm Law Group, Ltd. attorneys can help you work through the steps of filing for an emergency bankruptcy in Marshall, MN or filing a standard Chapter 13, 7, or 12 case. To learn more about our counsel in filing for bankruptcy or to get started with us today, contact our office at (507) 387-7200.

 

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Why Filing for Bankruptcy is an Effective Long-Term Solution for Credit Repair in Marshall, MN

Every day, American adults are faced with the cost of living no matter where they’re located or what job they have. A large portion of the cost of living we all face is the existence of debts as a regular factor in many parts of our lives. From mortgages to cars, we all hold some debt that requires monthly payments. Without a structured budget and plan for repaying the debt in accordance with other monthly expenses, it’s easy to accumulate more and more financial pressure. If you find yourself facing unmanageable debt and don’t know what path to take to recover, Behm Law Group, Ltd. can give you the help you need to file for bankruptcy and start the process of long-term credit repair in Marshall, MN.

 The Truth About Bankruptcy & Credit Repair

Filing for bankruptcy has a poor public image when it comes to credit repair. While this is in part a realistic concern for those considering filing, it has often been overshadowed by the long-term benefits it provides. Bankruptcy is a highly effective, government-sanctioned remedy for resolving and recovering from a wide variety of debts.

 

Whether you choose to file for debt reorganization or liquidation bankruptcy as an individual consumer or a business, you can start down the path to stabilizing your finances while learning about how debts and incomes function in your life.

 

Consider the following facts that occur when you file for bankruptcy:

 

The Bad:

  1. Bankruptcy will damage your credit score. Based on the FICO credit score calculation model, filing may lower your score from 100 to 200 points.
  2. Records of a bankruptcy filing will stay on public record for up to ten years, depending on which chapter you file for.

 

The Good:

  1. Despite affecting your credit negatively at first and being on your public record for years, the damaging effect that filing for bankruptcy has on your credit will start to diminish immediately after filing.
  2. Your credit score may be improved to its original standing or recover to an even better score within a few years of filing. Some filers even report a restored credit score five years after filing.
  3. Whether you file for Chapter 7 bankruptcy and have debts discharged in exchange for asset liquidation or choose Chapter 13 debt reorganization and a three to five-year repayment plan, you can start rebuilding your credit right away.
  4. Rebuilding your credit during and after bankruptcy takes as little effort as budgeting, making debt payments on time, taking note of what you learn in pre-bankruptcy credit counseling, and making cautious spending choices.
  5. When bankruptcy is removed from public record, it can never affect your credit or financial standing again.

 

Bankruptcy is designed to help the individual consumer or business recover from debts and re-enter the economic system as a valuable participant. It is not designed to trap debtors or leave Americans destitute, despite popular belief.

 

If you’re ready to resolve your debts for long-term credit repair in Marshall, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Differences Between Discharge, Settlement, and Dismissal for Debt Relief in New Ulm, MN

In this fast-paced world, it’s easy to rack up a lot of debt from various sources. Whether you have debts from mortgages, cars, credit cards, medical bills, or any number of other sources, you have the obligation to repay those debts. If you’re unable to meet debt payments each month, there are several methods to resolve debts, but the most effective for those struggling with severe debt is through the process of bankruptcy. Behm Law Group, Ltd. offers the expert advice and protection you need to receive debt relief in New Ulm, MN by filing for bankruptcy.

 

The three primary methods individual consumers and businesses can receive debt relief are debt settlement, discharge, or dismissal. These processes happen very differently and will affect your legal standing differently in both the short and long term.

 

Discharge of Debt

 

Debt discharges are only possible through the process of bankruptcy. If you file for Chapter 7 bankruptcy, many of your debts will be discharged during the asset liquidation process. This means your debts will be dissolved in exchange for the sale of your non-exempt property. The value of your non-exempt assets sold will be paid to your creditors. You may also receive a discharge in a Chapter 13 case for some unsecured debts (you will be required to repay 0% to 100% of those debts in your Chapter 13 repayment plan). Discharge through bankruptcy is permanent and government sanctioned.

 

Debt Settlement

 

Some debtors choose to find debt relief outside of bankruptcy through debt settlement. To settle a debt, you must negotiate that process with your creditor without the protection of a court process. This can be tricky and will reflect negatively on your financial records. Additionally, you may still have to pay taxes on the original amount of a reduced or settled debt, and any late payments or owed taxes on this debt will also become a detriment to your credit.

 

Debt Dismissal

 

This is a more unusual form of debt relief that only occurs if you can prove that your creditors are harassing you, abusing their authority (for example, charging extremely high late payments), your identity was stolen to gain the debt, your information on debt paperwork is incorrect, the items or services you took the debt on for were never received, or if your creditors can’t prove you owe the debt. If you suspect you may be able to prove these things, debt dismissal may be a viable option for debt relief, but in most cases, debt settlement or bankruptcy are more realistic choices.

 

Debt settlement has its place, but filing for bankruptcy is often the best long-term, concrete solution for debt relief. To learn more about receiving debt relief in New Ulm, MN and filing for bankruptcy, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Minimum and Maximum Debt Amounts Allowed to File for Bankruptcy in Worthington, MN

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

 

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

 

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

Minimum Debt

 

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

 

Maximum Debt

 

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

 

 Find Expert Help When You File for Bankruptcy

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

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First Three Critical Steps in Filing for Bankruptcy in Redwood Falls, MN

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

 

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

 

Filing for Bankruptcy- Starting Gates

 

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

 

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

 

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