Category: Bankruptcy

If you’re struggling financially, you need to know what support systems are in place to help you recover and get permanent financial stability. For many people each year, that support system comes in the form of bankruptcy. Filing for bankruptcy is a highly effective way to resolve debts and get relief from financial stress for those in many different circumstances. Whether you file for Chapter 7 liquidation bankruptcy or Chapter 13 reorganization bankruptcy, you can find debt relief through a legitimate legal process. If you’re considering filing for bankruptcy, getting help from a professional who truly has your best interests in mind is an important part of the process that will protect you from potential bankruptcy pitfalls. With the legal protection and guidance of Behm Law Group Ltd., you can file a successful case for bankruptcy in Waseca, MN, and the surrounding areas.

Specialize in Bankruptcy

There are other firms in the region who handle bankruptcy cases; however, at Behm Law Group, Stephen J. Behm has specialized exclusively in bankruptcy for nearly 20 years. Other firms might have the bulk of their attention on other civil or criminal cases, but our legal expertise is solely dedicated to individual and small business bankruptcy cases.   In fact, since 2003, Stephen Behm has been a certified consumer bankruptcy specialist certified by the American Board of Certification.

Anyone who practices responsibly in bankruptcy will not try to “sell you” on the bankruptcy process.  Everyone’s life circumstances are different.  Depending on the specific circumstances one is facing, bankruptcy is sometimes not the best option.  Any attorney who truly has your best interests in mind always needs to consider that dynamic.  Compared to our small, dedicated firm, “bankruptcy mills” are a dramatically different experience for filers who simply need help with their case.  From the benefit of nearly 25 years of bankruptcy practice experience, it is the opinion of Stephen J. Behm that anyone looking to file a solid, successful case should avoid bankruptcy mills and so-called national bankruptcy law firms.

What to be on the Alert For

Again, the following is based on the professional opinion of Stephen J. Behm.  The biggest sign of a bankruptcy mill or a national bankruptcy law firm is excessive advertising on bulletin boards, radio, and TV commercials; junk mail ads; and even bench signs. Bankruptcy mills advertise affordable prices, but those prices don’t mention their similar approach to every individual case. Bankruptcy mills usually will take on hundreds of cases. Their goal is to process as many cases as possible as fast as possible. They will often hold themselves out as being better and more highly rated or more highly qualified because of their size.  They will indicate that they have ‘filed thousands of cases” or “the most” cases in a particular area.  Some indicate that the bankruptcy process is an “easy process” where one only has to fill out “a bunch of forms”.  The filing of a bankruptcy petition is a serious legal matter and it requires work on your end to provide your attorney with all the documentation and information that your attorney needs to accurately and completely prepare your bankruptcy petition.  Your bankruptcy petition and related schedules are legal pleadings that you sign under oath and subject to penalty of perjury.  The factual representations made in those legal pleadings need to be accurate.  The filing of any bankruptcy case is certainly nothing to fear.  However, it needs to be done correctly and all the disclosures required by the bankruptcy code need to be made.

How They Work

Again, the following represents the opinion of Stephen J. Behm.  Bankruptcy mills and national bankruptcy law firms typically work hard at the initial consultation to get the filer to sign a retainer agreement and provide the first down payment. This initial consultation is usually done with a non-attorney staff member called an “attorney intake coordinator.” The client is then passed to a “prep team” of other non-attorney staff. This team gathers documents and files paperwork for the client.  A client may not even meet an attorney until the Meeting of Creditors.  Choosing to file for bankruptcy relief can be terrifying.  It is essential that one sits down across a desk with one’s attorney and visits personally and in a tactile manner with that attorney.  While videoconferencing tools such as Zoom, which is what we use at Behm Law Group, Skype and GoToMeeting are very helpful, nothing has more value and is more important in the bankruptcy process than being able to visit with your attorney in person.

To learn about the best way to file for bankruptcy relief in Waseca, MN or to determine if bankruptcy is even the right course for you, contact Behm Law Group Ltd. by calling (507) 387-7200 or emailing stephen@mankatobankruptcy.com.

Since the start of the coronavirus pandemic in the United States, thousands of individuals have been laid off when government shutdowns required businesses to close. While many have returned to work, there is a large population still suffering the effects of job loss and the debts accrued during that time. If you are struggling to meet debt payments each month due to a layoff, filing for bankruptcy will likely help you find much needed permanent debt relief and long-term financial stability. Behm Law Group Ltd. is one of the only law firms specializing exclusively in bankruptcy cases in southern Minnesota. Our attorneys provide legal services for those filing for Chapter 7, 12, or 13 bankruptcy. With our help, you can file a strong case and permanently resolve your financial issues for effective debt relief in Fairmont, MN, and the surrounding area.

 

The most important factor to consider after a layoff is how to distribute your funds. If you plan on filing for bankruptcy, use your income for essential items like food, gas, and utilities and mortgage and vehicle loan payments. The debts that accrue with your credit card bills, medical debts, past due utility bills and other such debts can be addressed and fully discharged when you eventually file for bankruptcy.

 

You will not be penalized for prioritizing and paying certain debts for essential things, such as your homestead mortgage payment, over other debts that are not essential. Generally speaking, you should not spend money on items like gambling or fancy vacations to foreign countries.  You should also not be paying friends or relatives on debts that you owe to them.  The bankruptcy trustee administering your bankruptcy case will review your bank account statements and other financial documentation.  The trustee could sue any friends or relatives you may have paid and recover the money you paid them for the benefit of your creditors.

 

Most people who have been laid off and had a lack of sufficient income for that time period choose to file for Chapter 7 liquidation bankruptcy. This chapter provides significant debt discharge in many cases, but only those with incomes below the state median or average income for a similarly-sized household will qualify. When you file your petition, the past six months of your earnings are analyzed to determine if you qualify for Chapter 7 bankruptcy. If you were recently laid off from a well-paying job, you may not be able to qualify for Chapter 7, but you can instead opt to file Chapter 13.  However, sometimes you can still qualify for a chapter 7 bankruptcy even though you’ve had a high paying job, you’ve been laid off from that high paying job and your income has been higher than the state average income for a household of similar size.  For instance, if you’re receiving unemployment compensation or your re-employment prospects are not encouraging you may still be able to qualify for a chapter 7 even though your income level was previously quite high.

 

Chapter 13 restructures debts into a three- to five-year repayment plan that is suited to your income. Whatever balances of your unsecured debts remain at the conclusion of your chapter 13 plan will be discharged.  If you had debts with the Internal Revenue Service (IRS) or the Minnesota Department of Revenue (MDR), the principal of those debts would be paid in full.  If you have just been laid off and your last six months of income prevent you from qualifying for Chapter 7, thus pushing you to file for Chapter 13, you may find that down the line a continued decreased income or ongoing diminishment of income will change your ability to meet your repayment plan requirements. Chapter 13 Trustees allow chapter 13 plans to be altered or modified when income changes are experienced during the three- to five-year plan repayment period to accommodate this reality.

 

To learn more about filing for bankruptcy and getting debt relief after a layoff in Fairmont, MN, and the surrounding region, contact Behm Law Group Ltd. by calling (507) 387-7200 or emailing stephen@mankatobankruptcy.com today.

Like any legal proceeding, bankruptcy is a big step to take in your life, and if you’re considering filing, you should prepare to be completely frank with your bankruptcy attorney about your financial circumstances/problems and you should prepare to collect paperwork that substantiates the assets you own and the debts you owe.  Due diligence and a careful review of your financial troubles and of how those troubles came about are big components that come into play with every case.  Unfortunately, there is a lot of irresponsible advertising misinforming people that bankruptcy is “easy”, “simple” and consists of “just a bunch of forms” that you fill out.  It is important to understand that the papers you complete and file are legal pleadings.  When you sign and file them with the bankruptcy court, you make representations in those pleadings under oath and subject to penalty of perjury.  Many parties rely upon the accuracy of those representations.

 

Even though it’s a big step to take, bankruptcy is undeniably helpful for thousands of households every year. It may be the best choice for your financial wellbeing as it will provide long-term debt relief and stability.  While bankruptcy is nothing to be afraid of, one must have due respect the for the process and certain rules and procedures must be observed and done correctly to get you through it with as little disruption to your life as possible.

 

The two main types of bankruptcy available to individual consumers are Chapter 7 liquidation bankruptcy and Chapter 13 reorganization bankruptcy. They are each designed to treat debt specific to each filer’s income, types of property, and types of debt.

 

At Behm Law Group, Ltd., we offer services to people seeking to file for Chapter 7, Chapter 12 and 13 bankruptcy relief. Our attorneys can guide you through the process of preparing and filing your case and they can help you understand how to do it correctly in Worthington, MN.

 

No matter what type of bankruptcy chapter you file, you will be required to provide documentation of your financial circumstances and you will have to do certain things, including completing a credit counseling course, before your case is filed. If you work with Behm attorneys, you can be sure your petition will be correctly filed and you will receive hands-on guidance on what to do so that your case is properly prepared.

 

Filing without the help of a trained professional comes with significant risks.  Without the assistance of an attorney, you could fail to list assets, fail to list creditors or engage in other conduct that could be perceived as fraudulent.  The permanent financial benefits of bankruptcy are intended for individuals who are honest and forthright.  It is important to understand that even simple mistakes could be perceived as fraudulent conduct.

 

There are four main ways a filer could commit bankruptcy fraud. Some of those actions could be accidental, but the court could still view them as fraudulent and could dismiss your bankruptcy case. In addition, you could be federally prosecuted for bankruptcy fraud.   The penalties for making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines of up to $250,000, or imprisonment for up to 20 years, or both.

 

The four most common ways bankruptcy fraud is committed are as follows:

 

1. The filer might try to bribe a bankruptcy trustee. This is generally the most obvious type of fraudulent behavior but it is also very rare.
2. The filer might hide property to keep it from being liquidated or included in a case. This is the most common fraudulent action. One may even engage in this type of fraud accidentally if a filer fails to fully understand the asset-listing section of the bankruptcy petition paperwork.
3. The filer might file fake, inaccurate, or incomplete forms in their petition. Again, this may happen accidentally without the guidance of an attorney during the process of constructing a bankruptcy case. However, even though it may be unintentional, this may be deemed as perjury depending on the circumstances.
4. The filer might file multiple cases in an unlawful time frame using false information. Filers must wait a minimum of eight years between Chapter 7 cases, and a minimum of two years between Chapter 13 cases.

 

Mistakes and accidents that can be perceived as unintentional fraud are easily avoidable with the expert knowledge and legal counsel of a bankruptcy attorney. Contact Behm Law Group, Ltd. today at (507) 387-7200 or stephen@mankatobankruptcy.com for information on filing and bankruptcy code in Worthington, MN.

In the United States, different types of bankruptcy processes are available to a wide range of filers, from individual consumers filing Chapter 7 bankruptcies to large corporations filing complex Chapter 11 cases.

 

At Behm Law Group Ltd., we primarily work with individuals filing for Chapter 7 liquidation or Chapter 13 reorganization bankruptcy, but we also provide filing services and legal protection to local businesses qualifying for either Chapter 7 or Chapter 13, and we provide Chapter 12 bankruptcy services for family farmers and fishers in the southern Minnesota region. Outside of small business and individual bankruptcy, other types of businesses like LLCs, corporations, and partnerships will typically utilize Chapter 11 bankruptcy to handle large debt loads and complex financial situations. While we don’t provide services for Chapter 11 debt settlement in Mankato, MN, and the region, at Behm Law Group Ltd., we still think clients need to understand the role that all types of bankruptcy play in the U.S. economy.

 

One significant segment of the total annual bankruptcy cases filed in the United States is comprised of “mega” bankruptcies. Typically, Chapter 11 “mega” bankruptcy cases address either the debt loads of numerous affiliated and closely intertwined businesses which are consolidated into a single “mega” bankruptcy case or the large-scale debts of a single massive business entity.

 

What Makes a Bankruptcy “Mega?”

To fit into the category of “mega bankruptcy,” a business must have either $1 million or more in debt or have over 1,000 creditors involved. Business entities who file “mega” cases can also have relatively large debt loads that may be under $1 million or have under 1,000 creditors involved, but have a significant degree of public involvement, interest and investment. Some of the most famous mega cases include the bankruptcy cases of Lehman Brothers in 2008 (involving over $691 billion), General Motors in 2009 (involving over $82 billion), and Washington Mutual in 2008 (involving over $327 billion). Many of the recent retail store bankruptcies that have been filed in the United States, including JCPenney, Toys“R”Us, and Sears, have also been handled as mega cases.

 

How are Mega Cases Handled?

Because of the massive sizes of many businesses involved in mega cases, the outcomes of such cases can have rippling economic effects that the majority of other business and individual cases do not. Bankruptcy courts must monitor these potential effects and handle the cases accordingly to eliminate any negative large-scale economic impacts as much as possible. This usually means mega cases are handled with a much higher degree of involvement and scrutiny by bankruptcy court judges. Bankruptcy judges will often employ Omnibus hearings to allow the parties to review and generally “clean up” or “pre-package” a case before allowing it to proceed through the full court process. Omnibus hearings are pre-trial hearings through which the parties to the bankruptcy gather records and financial documents, and then outline the overall situations of the bankruptcy filer and the creditors involved.  Such Omnibus hearings help alleviate the overall administrative stress “mega” bankruptcy cases can place on the court and court staff and provide a more direct and expeditious way to handle the complexities of such cases.

 

To learn more about how our attorneys can help you use bankruptcy for debt settlement in Mankato, MN, contact Behm Law Group Ltd. by calling at (507) 387-7200 or emailing stephen@mankatobankruptcy.com.

For those who haven’t been able to meet debt payments on time for several months and suspect they may never be able to fully repay their debts, bankruptcy is always an option. Bankruptcy was designed to support consumers and businesses that can’t repay debts. It’s a failsafe support system that benefits filers, creditors, and the economy overall.

While bankruptcy helps thousands of Americans each year climb out of debt and find long-term financial stability, it’s not just a bailout, and it has its ups and downs just like any other legal process. However, in the majority of cases, the good vastly outweighs the bad. At Behm Law Group, Ltd., we help clients work through the process of filing for bankruptcy in Windom, MN and the local region. In fact, we’re the only law firm in South Central and Southwestern Minnesota that works exclusively with bankruptcy cases.

While the benefits typically outweigh the detriments, it is important to be aware of how bankruptcy can affect you overall.

The Good

Bankruptcy provides direct and permanent debt relief for many types of debts. When you file, the court will also place an immediate automatic stay on your creditors. They will not be able to collect debts or harass you in any way. You will also most likely be able to protect all of your property from liquidation with the many generous bankruptcy exemptions that are allowed in a typical case. You will find that you may have an increase in credit card solicitations/offers and more access to banking opportunities after your case is concluded. Additionally, negative credit marks against you from missed debt payments will be wiped from your credit record. Overall, bankruptcy can give you a completely clean financial state.

The Bad

Filing for bankruptcy can be reflected on your credit profile usually for 5 to 7 years.  Sometimes, after a bankruptcy is concluded, one must wait 2 to 3 years to get approved for a mortgage loan.  Sometimes, one will experience slightly higher interest rates on vehicle loans.  Also, you generally can’t qualify for Chapter 7 liquidation bankruptcy if your income is higher than the state average or median income for a household of your size.  However, this doesn’t mean that you won’t be able to file for Chapter 13 reorganization bankruptcy. Also, some debts, such as student loans, are more difficult to discharge in any kind of bankruptcy and some debts, like most tax debts, child support debts and alimony, are generally not discharged at all. In a Chapter 7 case, you can lose some property if the value of that property exceeds your bankruptcy exemption allowances.  Also, if you have co-signers on a loan, the creditors could pursue them for collection on the debt.  Finally, bankruptcy can be costly when court fees and attorney costs are added together.  While there is no set fee for a bankruptcy case and while the fee one winds up paying depends on how complicated the case is, the typical range is between $1,500.00 and $3,000.00.  However, having to pay an attorney $1,500.00 to $3,000.00 is generally preferable to having to continue paying on thousands of dollars of credit card debt, medical debt and other debts.

If you’re unsure whether filing for bankruptcy in Windom, MN and the surrounding communities is the right choice for your financial situation, contact Behm Law Group, Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com today. Our attorneys can help determine which type of bankruptcy you qualify for and whether filing bankruptcy is even in your best interests.

 

At Behm Law Group, Ltd., we provide comprehensive legal guidance and protection for individual consumers filing for Chapter 7 or Chapter 13 bankruptcy, and for family farmers and fishers filing for Chapter 12 bankruptcy. If you’re considering filing for bankruptcy, our attorneys can help you determine which chapter will be the most effective for handling your current financial circumstances.

 

Each chapter is designed to help individuals in many different situations get out of debt that they wouldn’t have otherwise been able to repay. While we work with only those three chapters (7, 12, and 13) of bankruptcy in Mankato, MN and the surrounding area, there are other types of bankruptcy available to individuals and businesses.

 

The six general bankruptcy chapters in U.S. bankruptcy law include:

 

• Chapter 7: Available to individuals and businesses alike, Chapter 7 bankruptcy is the most commonly filed chapter. It works to liquidate or sell the filer’s non-exempt assets, distribute the proceeds among the filer’s creditors, and discharge the majority of the filer’s debts. Chapter 7 is also called liquidation or straight bankruptcy. The bankruptcy exemptions under Minnesota state law and the bankruptcy code that are used to protect one’s property are very generous, however.  In the vast majority of cases, no property is liquidated or sold at all and all that one loses are one’s debts.
• Chapter 9: This bankruptcy chapter is an option only available to municipalities such as cities, school districts, or counties. In 2013, Detroit, MI used Chapter 9 to file the largest municipal bankruptcy case in U.S. history, with debt load estimated at $18 to $20 billion. The process of Chapter 9 bankruptcy works to protect the filer from creditors while the filer restructures their debts to much more favorable repayment terms.
• Chapter 11: Like Chapter 9, Chapter 11 also protects the filer from creditors as they reorganize their debts. Chapter 11 is a process only offered to businesses that are not sole proprietorships and individuals, such as doctors, lawyers, famous actors, corporate CEOs, etc. who have total debts that exceed the debt limitations of Chapter 12 and Chapter 13 bankruptcy or who have incomes that far exceed the state median/average income for a household of their similar size. The goal of Chapter 11 is to help a business or an individual restructure their debts under more favorable repayment terms in a Chapter 11 repayment plan while they maintain operations. Some of the most recent large Chapter 11 cases include J.C. Penny, Hertz, and Neiman Marcus.
• Chapter 12: For filers that generate the majority of their annual income from family owned farming or fishing operations, Chapter 12 is a debt restructuring option. The restructured debts are put into a Chapter 12 plan lasting three to five years. This chapter is reserved for family farmers and fishers largely because their income is received seasonally.
• Chapter 13: The second most common individual consumer chapter filed is Chapter 13. This process works to restructure the filer’s debts into a manageable repayment plan that lasts a three to five-years. Some secured creditors (creditors with collateral or security such as vehicle lenders) are paid in full under more favorable repayment terms and some unsecured creditors (creditors who don’t have security or collateral such as credit card debts, medical debts, etc.) are repaid only partially with no interest and have their claims completely discharged. Chapter 13 is also called reorganization, restructuring, debt repayment, or wage-earner bankruptcy.
• Chapter 15: Finally, Chapter 15 bankruptcy is relatively rare, but still necessary. Added to the bankruptcy code in 2005, Chapter 15 bankruptcy handles filers with foreign debts and/or foreign assets. Chapter 15 overall works to negotiate a case with foreign courts and foreign bankruptcy/insolvency laws.

 

To learn more about our work with Chapter 7, 12 and 13 bankruptcies in Mankato, MN and the local region, contact Behm Law Group, Ltd. today at (507) 387-7200 or stephen@mankatobankruptcy.com.

In the midst of a global pandemic and a rocky political climate, there’s so much negative news that we are exposed to every day. However, one of the positives of the end of 2020 and the beginning of 2021 is that mortgage interest rates are extremely low, and the housing market is booming. If you’re a homeowner, you know how much pressure there is to meet monthly mortgage payments along with all of your other pressing financial obligations. For homeowners struggling to meet mortgage payments or other debt requirements, taking advantage of favorable current mortgage interest rates by refinancing your home mortgage may be the ticket to staying out of bankruptcy. If you are considering filing for bankruptcy relief during this uncertain time, Behm Law Group Ltd. can help you navigate the legal process and receive long-term, effective debt relief in Marshall, MN, and the surrounding area.

 

Those who have steady incomes but are finding it difficult to meet their monthly financial requirements may be considering Chapter 13 bankruptcy to reorganize their debts into a manageable repayment plan.  Homeowners with steady incomes are also most likely to benefit from refinancing their home mortgages. A refinance with current interest rates could save homeowners several hundreds of dollars with each payment. The resulting savings could be significant enough such that the money saved could effectively be put into paying off several other debts that might otherwise force a homeowner into filing for bankruptcy relief.

 

Approximate Mankato mortgage rates as of November 2020 for a $250,000 loan

Loan type	Rate	Points	APR	Monthly payment
15-year fixed loan	2.1%	0.56	2.4%	$1,300
20-year fixed loan	2.5%	0.84	2.7%	$1,060
30-year fixed loan	2.6%	0.75	2.8%	$800
5/1 ARM variable loan	2.4%	0.89	2.7%	$780
7/1 ARM variable loan	2.5%	0.76	2.7%	$790
10/1 ARM variable loan	2.6%	0.76	2.8%	$800

 

For a conventional loan, refinancing may cost around $3,000 to $4,000, but that cost would be wrapped into your refinanced mortgage, so it won’t typically impact the amount of cash you have on hand at the time of the refinance. The only common factors that might prevent qualification are a low FICO score due to missed mortgage payments, too many debts, other than your mortgage, with high balances or low self-employment income from this year.

 

While saving $100 to $300 a month on a refinanced mortgage might not seem like a large amount, it’s a significant enough of an amount that many homeowners may use to repay other debts and financial obligations that they might not otherwise be able to pay. Those minor monthly adjustments can be key in preventing the stress and budget shortfalls that can lead one into having to file for Chapter 13 bankruptcy relief.

 

Chapter 13 or Chapter 7 bankruptcy can be highly helpful options for those struggling financially who are unable to refinance their mortgages and are unable to make other helpful budgetary adjustments. To learn more about finding debt relief through bankruptcy in Marshall, MN, and the surrounding region, contact Behm Law Group Ltd. at (507) 387-7200 or email stephen@mankatobankruptcy.com.