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Handling Consumer Debts Gained after You File Your Petition for Chapter 13 Bankruptcy in St. Peter, MN

With the decline that our economy has seen over the past six months, it’s not surprising that many individuals and businesses have had to take on more debt or have had difficulties meeting their debt payments. If you have been struggling to make monthly ends meet, and have been for some time, it may be beneficial for you to consider the debt relief filing for bankruptcy can provide. For those with stable incomes who want to retain their properties, Chapter 13 bankruptcy is a valuable option. Behm Law Group, Ltd., provides legal advice and assistance for individual consumers and business owners who want to take full advantage of filing for Chapter 13 bankruptcy in St. Peter, MN.

Because Chapter 13 bankruptcy works as a reorganization process, it restructures your debts into a repayment plan with scheduled monthly payments lasting three to five years. This repayment plan is designed to fit your budget and can effectively resolve the majority of your debts without you having to lose any of your property.

Although Chapter 13 bankruptcy is supposed to fit your financial circumstances while allowing you to operate on a daily basis, it can make your spending limitations extremely tight. Sometimes it may be necessary to incur even more debt during the three to five years you spend within a Chapter 13 plan. Fortunately, it’s possible you can roll these new debts into your current repayment plan, allowing for a more manageable structure in the payment of all your debts together.

 

Post-Petition Debt Types

The debts you are allowed to incur while in a Chapter 13 plan that won’t force your case to be dismissed are tax debts and consumer debts.

  • Tax debts may be treated as priority debts (and must be repaid in full) if your creditors petition for priority claim status.
  • Consumer debts are only allowed as post-petition spending if you receive court approval. The court often approves post-petition debts if they are incurred on behalf of your household well-being (not for your business).

If you fail to get court approval to incur a post-petition debt, you will be required to pay it outside of your Chapter 13 repayment plan. If you do get court approval, however, you can later request to have the debt rolled into your repayment plan as a priority, secured, or unsecured debt depending on the type of agreement between you and the creditor. To have the debt included in your plan, your creditor and trustee must each accept your request, and your creditor must submit a proof of claim and a statement of agreement.

 

If you are considering filing for Chapter 13 bankruptcy in St. Peter, MN, and want to learn more about post-petition debts or how a repayment plan is structured, contact Behm Law Group, Ltd., at (507) 387-7200 today.

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Farms and Other Local Midwest Food Suppliers File for Chapter 12 Bankruptcy in Mankato, MN

Farming is a notoriously difficult profession even with the knowledge, tools, and power agriculturalists have access to today. Throughout the ages, farmers have faced challenges with the weather, soil conditions, seed fertility, plant diseases, pests, economy crashes, and many other variables. With all the hardships farmers face, it’s incredible there are so many strong people who still choose this vocation, and we have those hard workers to thank for the abundance of food in supermarkets and grocery stores across the country.

 

However, many farmers still face extreme financial hardship, and it’s no surprise that many find themselves deep in significant debt connected to their crop, livestock, or fishing operations. If you’re having difficulties as a family farmer or fisher, Behm Law Group, Ltd. can help you find your way out of severe debt by filing for Chapter 12 bankruptcy in Mankato, MN.

 

With the large spread of farmland dotting the countryside between Mankato and other cities in southern Minnesota, there are many local people living in our communities that took on farming as a profession. Unfortunately, this year has marked a rise of farm debts, not just in Minnesota, but across the Midwest as a whole.

 

Why Farm Debts Are on the Rise

 

Sometimes described as a “slow bleed” of independent farms in the face of low dairy, crop, fish, and meat prices, the debts of family farmers and fishers are not matched by the income they receive from product sales. When independent farms are higher in geographic concentration, as they often are, the trickle of each small farmer’s debts turns into a river of severe financial crisis. If this happens to a community, no matter how widespread, bankruptcy is a highly valuable solution. When farmers and fishers take advantage of the assistance filing for Chapter 12 bankruptcy provides, it serves as a true system of recovery and healing for agricultural communities.

 

Chapter 12 Bankruptcy

 

Chapter 12 bankruptcy is a debt relief option offered to family farmers and fishers who earn over 50% of their income from agricultural or fishing operations. If you file for Chapter 12, you are provided with a system of bankruptcy that reorganizes and restructures your debts in a manageable repayment plan suited to your income. This bankruptcy repayment plan is spread over a period of three to five years and allows for fluctuations in your income with the growing and harvest seasons. Not only does Chapter 12 give farmers and fishers a way to repay their debts without losing their land, home, agricultural equipment, and overall livelihood, it also provides protection against creditor harassment.

 

Farm debt may be on the rise due to several conditions in the food industry today, but there are solutions. Chapter 12 bankruptcy in Mankato, MN is one option that many can use to recover in the long-term from agricultural debt. To learn more about bankruptcy and debt relief, 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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Debt and Stress: How Filing for Bankruptcy Can Make You Healthier with Prescribed Debt Relief in Jackson, MN

Whenever we kick off a new year, most of us take a look at our lives with the intention of finding a way to improve ourselves, relationships, living conditions, careers, and many other areas of our lives. One area many of us can look to improve is our financial well-being. Because the majority of us hold some type of debt such as a mortgage, credit card debt, car loan, medical bill, or otherwise, rethinking our financial situation can be an effective approach to improving our lives with a new year resolution. If you’re struggling with your finances, Behm Law Group, Ltd. can help you get long-term debt relief in Jackson, MN by filing for individual consumer or business bankruptcy.

 

Filing for bankruptcy is a highly effective way to recover from financial difficulties, but getting debt relief is valuable in more ways than one. Because financial struggles and debt are one of the leading causes of underlying stress for people across the country, filing for bankruptcy can seriously relieve both debt and stress in your day-to-day life.

 

Debt and Stress

 

When you have debts that become more and more unmanageable over time, you’re dealing with a legal responsibility that creates a similar type of stress as other negative life conditions including the death of a loved one, chronic illness, social stigma and bias, or mental illness. Dealing with the stress of debt can significantly increase your exposure to difficult emotional problems resembling those created by other traumatic life experiences, including:

 

  • Depression
  • Anxiety
  • Denial
  • Anger
  • Frustration
  • Shame
  • Regret
  • Grief
  • Fear
  • Resentment
  • Decline in physical health

 

These emotional states and a stress-related decline in physical health can also put a strain on your relationships with family, friends, and coworkers. These stress factors can also compromise your career and make each day more difficult in general.

 

Filing for bankruptcy is an option any individual consumer or business can use to recover from severe debt. As a government-structured process that treats your debts in a way designed to be fair to all parties involved, bankruptcy is a realistic option for many struggling with accumulated or unexpected debt.

Find Professional Help when Filing for Bankruptcy

If you’re feeling the stress of unmanageable debt, contact Behm Law Group, Ltd. today to learn more about filing for bankruptcy and getting debt relief in Jackson, MN.

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Federal Exemptions and Non-Bankruptcy Exemptions Outlined within Bankruptcy Code in Owatonna, MN

If you are struggling with overwhelming debt as an individual or business owner, filing for Chapter 7 bankruptcy may be the best way to resolve those debts in a government-approved legal process. Chapter 7 is the most frequent type of bankruptcy for both individuals and businesses with extreme debts and low incomes. If you choose to file for Chapter 7 bankruptcy, you can free yourself from a wide range of financial obligations, including anything from credit card debt to past-due medical bills. Behm Law Group, Ltd., offers legal advice and guidance to help you work through the process of filing and to help you understand the workings of bankruptcy code in Owatonna, MN.

Basic information to know about Chapter 7

 

  • To qualify for Chapter 7 bankruptcy, you must pass the Means Test (your income must be lower than the state median for a household of your size or be unbalanced by your debt ratio)
  • Chapter 7 bankruptcy code outlines the process of liquidation of assets (selling properties to gain a value that is used to repay your creditors) in exchange for debt discharge (dissolving the debts tied to the properties sold).
  • Chapter 7 bankruptcy code also provides some protection for your properties in the form of exemptions (exemptions allot certain amounts you can claim on your home, car, and other properties that protect them from liquidation)

 

Exemption amounts are determined by federal and state bankruptcy laws, and in Minnesota, you can request state or federal bankruptcy exemptions. If you file for federal bankruptcy exemptions, you can claim Title 11 U.S. government allotted amounts (e.g., you can claim $23,675 on your home as of 2018). If you file for state exemptions, you can claim Minnesota Statute allotted amounts (e.g., $390,000 for your home as of 2018).

In some cases, it will be more beneficial for filers to choose state exemptions because they will typically have more wiggle room and because they can claim additional federal non-bankruptcy exemptions.

Federal non-bankruptcy exemptions cover a wide range of miscellaneous assets you may want to protect in a Chapter 7 liquidation process. These include:

 

  • retirement benefits for military, civil, and foreign service, and pensions for veterans, social security, railroad workers, CIA employees, and Medal of Honor recipients
  • death and disability benefits for government employees, longshoremen, and harbor workers as well as war, hazard, death, or risk compensation
  • survivor’s benefits for military, court, and lighthouse workers
  • miscellaneous benefits ranging from military deposits to savings accounts to certain Native American tribe homesteads

 

When it comes to filing for Chapter 7 bankruptcy, it can be difficult to navigate through the exemption claiming process and the bankruptcy code as a whole. Contact Behm Law Group, Ltd., at (507) 387-7200 today to learn more about the filing process and bankruptcy code in Owatonna, MN.

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Understanding Personal Guarantees and Liability When You File for Business Bankruptcy in Luverne, MN

If you own a small business anywhere in the U.S., your livelihood depends on countless factors ranging from market competitors to economic recessions. Maintaining a business with a steady flow of income and output of products or services is difficult, even with a strong foundation. No matter how old or young your business is, it’s possible to face financial struggles. If you’re having a hard time making debt payments from month-to-month, Behm Law Group, Ltd. can help you decide whether filing for business bankruptcy in Luverne, MN, is the right choice for your business.

Filing for business bankruptcy is a highly effective way to recover from severe debt. When you file for a business bankruptcy, you can choose Chapter 7 and liquidate your assets (shutting down your business in the process), or you can file for Chapter 13 bankruptcy and propose a restructuring of your debts into a manageable repayment plan (allowing your business to continue operating as you repay debts under the supervision of a bankruptcy trustee).

Whichever type of bankruptcy you file for, your trustee will rigorously examine your case for information about your past finances, business format, debts, income, living expenses, and contract agreements with your creditors. This examination determines how your assets will be liquidated and your debts discharged or restructured. Once your trustee has all the necessary information submitted with your petition and you have met all pre-bankruptcy requirements (credit counseling, bankruptcy fees, Means Test, and 341 hearing), the liquidation process will being in a chapter 7 case or you will propose a repayment plan in a chapter 13 case.

Behm attorneys can work with you to draft a repayment plan taking into account all your debts (priority, secured, and unsecured) and determine which debts you are liable to repay in full or have discharged in part from 0%-100%. One concern many business owners have in bankruptcy is whether they’ll be personally liable for the debts their business cannot repay. In the majority of cases, you will be personally responsible to pay debts your business can’t because it’s likely you made a personal guarantee agreement with your creditor when the loan was given.

Personal Guarantee: When you make a business loan agreement, the creditor needs to know they are protected in the event you cannot repay that debt. To resolve this issue, most creditors will not extend loans to businesses without requiring the owner to sign a personal guarantee agreement stating they are responsible as an individual to repay that debt in the event their business can’t meet payments.

Personally Liable: In short, you will be personally liable for your business debt when you file for Chapter 13 bankruptcy if:

  1. You have a sole proprietorship
  2. You have a partnership
  3. You made a personal guarantee on a debt

To learn more about filing for business bankruptcy in Luverne, MN, or to find out about personal guarantees and debt liability, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Why Some Debts Are Exempt from Your Case When You File for Bankruptcy in Windom, MN

For hundreds of years, bankruptcy was wrongfully associated with morally unsound citizens who could not manage their finances. The reality, however, is that people are stuck with debt because of a wide range of circumstances. Today, individuals can accrue debt from more sources than ever before—from credit cards to student loans to medical costs. You are not alone if you are struggling to meet debt payments each month, and like many other debtors in the United States, you can recover financial stability in your life by filing for bankruptcy. With the help of Behm Law Group, Ltd. in Windom, MN, you can decide which type of bankruptcy is right for you and build a strong case to resolve your debt.

Filing for bankruptcy is a viable solution for many debts but be aware that some debts are not dischargeable through the bankruptcy process. The majority of debts the common U.S. individual holds can be included in all bankruptcy formats, including Chapter 7 and Chapter 13. These bankruptcy formats include debt from credit cards, medical bills, mortgages, bad checks, old utility bills, and car loans—all debts that cause individuals to file for bankruptcy at the highest frequency.

Unusual Debts When You File for Bankruptcy

Debts that may not be discharged when you file for bankruptcy range from unusual debts, like malicious misconduct debts, to even the most common type of debt in America, student loans. Sometimes student loans can be discharged but one must actually commence a law suit against the student loan company and prove to the bankruptcy court that the student loan will impose a financial undue hardship going forward. Such law suits can be both expensive and protracted.

Exempt Debts

The following list of debts is not comprehensive, but covers the most prevalent in the United States that are typically not discharged in the bankruptcy process:

  1. Student Loans Where Undue Hardship is Not Proven
  2. Child support and alimony debts
  3. Most tax debts
  4. Some debts owed to government agencies such as the Environmental Protection Agency for environmental hazards
  5. Reckless or malicious misconduct debts (for example, a debt in a lawsuit against you for injuries caused by drunk driving)
  6. Other forms of restitution debt
  7. Wages owed to your employees

So why are these specific debts not discharged in the bankruptcy process when so many others are? When considering each type of debt individually, the answer is a complex legal issue that takes into consideration other debts, other parties involved, location, and much more. However, if we take a look at all these debts together, we can see they have one thing in common: All these debts directly affect the well-being of another person or the well-being of the government as an entity that protects and supports the individual American.

If the bankruptcy process allowed the discharge or restructuring of these debts, it could significantly harm another person who has no direct responsibility for the cause to file for bankruptcy. While there are certain exceptions that include some of these debts in your bankruptcy case, they are most often excluded to protect innocent people in your life and the government that, in turn, protects people across the country.

Find Professional Help When You File for Bankruptcy

If you are uncertain whether or not you should file for bankruptcy in Windom, MN, contact Behm Law Group, Ltd. at (507) 387-7200 to learn more about the process and your own situation today.

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Bankruptcy Fees Today and Special Fee Circumstances for Chapter 7 Bankruptcy in Pipestone, MN

Filing for bankruptcy may seem like a drastic measure, but it’s actually a highly effective way for individuals to recover from severe financial difficulties and regain stability in more ways than one. The process of bankruptcy is designed to benefit both the debtor and the creditors involved in the case with a court administered application of either asset liquidation in return for debt discharge or debt reorganization into a manageable repayment plan. Whether you’re struggling with unexpected, sudden debts or you have accumulated debts over time, Behm Law Group, Ltd. provides the legal counsel and support you need to file a successful case for Chapter 13 bankruptcy or Chapter 7 bankruptcy in Pipestone, MN.

No matter what type of bankruptcy you file for, liquidation or reorganization, the court will require you to meet several requirements in order to submit your petition, including paying the current bankruptcy fees.

Chapter 7 Bankruptcy Fees

The filing fee itself for Chapter 7 bankruptcy is $335.  If your case is closed and you have grounds to reopen it later, you will have to pay another $335 fee.

Chapter 13 Bankruptcy Fees

To file a Chapter 13 petition, you’ll be required to pay a filing fee of $310. To reopen a Chapter 13 case, you’ll have to pay another fee of $310.

Any additional bankruptcy fees and information about putting together your petition are provided on the U.S. Court website, including all the necessary forms and files you need to file.

If you’re struggling so severely that even these initial bankruptcy fees are outside of your budget, the court offers two options. You can apply to pay the filing fee in installments or you can apply to have the filing fee waived completely. In order to qualify for an installment plan you have to state your inability to pay the fee upfront and you must be able to pay it within no more than four installments. To qualify for a waived fee your income must be 150% below the Minnesota poverty line and you must be unable to pay an installment plan.

In the event you can’t pay the bankruptcy fee upfront, it’s almost certain that you’ll have to file for Chapter 7 bankruptcy. Because of case requirements and the fact that you’ll still repay some of your debts during a Chapter 13 repayment plan, filers with incomes too low for even bankruptcy filing fees are not expected to choose reorganization as a viable bankruptcy option. Conversely, if you have an income high enough to pay the bankruptcy filing fee, you may well not qualify for Chapter 7 bankruptcy.

To learn more about the fees involved in filing for Chapter 13 or Chapter 7 bankruptcy in Pipestone, MN, or to get started on your case, contact Behm Law Group, Ltd. at (507) 387-7200 today.

 

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Understanding When and Why a Trustee Looks for Fraud and How to Avoid Mistakes in Filing for Bankruptcy in St. Peter, MN

Bankruptcy is a balanced system designed to help debtors recover from severe financial struggles and reenter the economic system as a productive consumer while remaining fair to creditors to whom debts are owed. The U.S. Bankruptcy Court oversees the outcome of bankruptcy cases for both individuals and businesses filing for bankruptcy, but the case details are handled through an appointed bankruptcy trustee. If you’re considering filing for bankruptcy in St. Peter, MN, Behm Law Group, Ltd. can help you build a strong case.

 

One of the things trustees are highly efficient in finding within a bankruptcy case is evidence or potential for fraud. While most incidents of fraudulent behavior in a bankruptcy case are intentional, there are times when mistakes or misunderstandings can lead to a technical fraud. Understanding when and why a trustee determines an action is fraud is an important step to protecting yourself when filing for bankruptcy.

 

What is Considered Fraud When Filing for Bankruptcy?

 

There are several actions and events that can be directly or indirectly considered fraud in an individual consumer or business bankruptcy case. When this fraud is intentional, it’s generally straightforward for a trustee to dismiss a case based on those actions and events. Direct, intentional bankruptcy fraud most often includes:

 

  • Lying and falsifying documents of financial records such as records of personal loans
  • Purposefully filing incorrect bankruptcy forms
  • Falsely reporting income amounts
  • Hiding assets and accounts
  • Lying under oath
  • Transferring accounts and assets to other parties to hide them from creditors and your trustee
  • Creating a fake identity to hide assets or otherwise lie
  • Bribing your trustee, creditors, or court officials to your benefit
  • Embezzling any amount from your bankruptcy estate

 

These actions and events are the common types of fraud a bankruptcy trustee will base a case dismissal on, but there are other fraudulent behaviors that may occur. Indirect fraud is often caused by ignorance of your circumstances or mistakes in your bankruptcy documents. With the expert advice and assistance of Behm attorneys, you can avoid unintentional fraud including:

 

  • Missing bankruptcy forms or financial document records from your petition
  • Forgetting to pay bankruptcy fees or not understanding which fees apply to your case
  • Filing incorrect or incomplete financial information and bankruptcy forms
  • Missing deadlines or appointments accidentally
  • Building an infeasible Chapter 13 repayment plan
  • Failing to report changes in employment or income (as long as it was not intentional)
  • Attempting to apply exemptions where they cannot be applied
  • Any other unintentional signs of fraud that are caused by a lack of understanding of the requirements of filing for bankruptcy or simply by mistake

 How Professional Counsel Helps You When Filing for Bankruptcy

When you work with Behm attorneys, you can trust us to help you build a strong case and eliminate any potential for mistakes in your documents and forms. With the protection and counseling we provide, you can rest easy on your road to debt relief through the bankruptcy process.

 

To get started with Behm Law Group, Ltd. or to learn more about filing for bankruptcy in St. Peter, MN, contact us at (507) 387-7200 today.

 

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Protecting Your Case with the Help of an Expert Bankruptcy Attorney and Understanding the Statute of Limitations for Bankruptcy in Redwood Falls, MN

Bankruptcy in the U.S. is a nuanced system for individuals and businesses alike. Like other legal processes, it’s best to proceed with a trained professional who can protect and counsel you from start to finish. Because filing for bankruptcy in Redwood Falls, MN, is rarely a straightforward process, taking advantage of the knowledge and professional standing of a bankruptcy attorney is key to a successful case. Behm Law Group, Ltd. bankruptcy attorneys are dedicated to providing expert counsel to our community households and local businesses.

 

If you’re struggling with overwhelming debt, filing for bankruptcy may be a viable way to recover for long-term financial stability. Filing for bankruptcy without a bankruptcy attorney, however, is not something we recommend. Not only is bankruptcy a difficult process to tackle without professional training and a working knowledge of the U.S. legal system overall, but without the protection of a lawyer, you’ll be vulnerable to aggressive creditor judgments and other potential claims against your case. Additionally, you may set yourself up for accusations of bankruptcy fraud, intentional or not, without the counsel of a bankruptcy attorney.

 

Even if you’re not criminally charged with bankruptcy fraud, the consequences of a case dismissed based on fraudulent behavior can be hard to come back from if you ever find yourself in the position to file again. This is because of the strict rules set in place through the federal bankruptcy fraud statute of limitations. A bankruptcy attorney can help you navigate this.

 

The statute of limitations is based on evidence of bankruptcy fraud and dictates when an individual or business can file a petition after a case dismissal or charge against them for fraudulent behavior. A limitation period is set into place for each filer’s own situation and the fraud committed, and that period determines a time period during which the government may press criminal charges.

 

This time period is dictated depending on certain circumstances unique to each case. Primarily, the limitation period depends on the type of crime committed in a case:

 

  1. If a filer commits a crime as a single event, like falsifying a document or lying under oath, the limitation period begins on the date of the crime.
  2. If a filer commits a crime in multiple events, such as a crime that takes several actions to complete, the limitation period begins when the last action is performed.
  3. If a filer commits a continuing crime, like hiding an asset or account, the limitation period starts with the beginning of the crime and continues until the property is revealed.

 

In bankruptcy cases, crimes generally include asset hiding – which provides a limitation period starting when the court grants a discharge, dismisses the case, or denies the discharge – or all other types of bankruptcy crimes – which provide a limitation period of five years.

 Protect Your Case With a Bankruptcy Attorney

If you’re considering filing for bankruptcy in Redwood Falls, MN, protect yourself from accidental fraud and get the help you need to file a strong, successful case. Get started with a bankruptcy attorney from Behm Law Group, Ltd. today and contact us at (507) 387-7200.