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Cancellation and Charging-Off vs Debt Discharge in Bankruptcy in Marshall, MN

When you enter into a loan agreement, it’s implied and expected you’ll repay the debt in full with interest. However, nobody is perfect. There are many life events that can affect your ability to meet debt obligations, especially when you accumulate several debts over time. If you find yourself unable to make monthly loan payments, you and your creditors are faced with how to resolve that. There are several ways creditors can try to continue collecting a debt and there are several ways for you to relieve that debt. With the help of Behm Law Group, Ltd., filing for bankruptcy in Marshall, MN, can be a viable way to resolve debt issues.

 

The three primary ways a debt issue can be resolved is to cancel a debt, charge-off a debt, or discharge a debt. Debt discharge occurs through the bankruptcy process, but certain types of debt can be cancelled or charged-off. The process of charging-off or cancelling a debt is most often done outside of bankruptcy, but it can be accomplished during a case without significantly affecting the proceedings.

 

Debt Cancellation

 

If you’re unable to repay a debt, a creditor may choose to cancel/write it off. You can negotiate with your creditors to convince them to cancel debts even while you’re in the process of filing for bankruptcy. However, you will be taxed for the amount you owed on the debt because the cancellation of the debt is considered income for tax purposes. For example, if you owed $1,000 on a debt at the time of its cancellation, you will be taxed for that amount. The exception to this is if the debt amount was $600 or less.

 

Charging-Off Debt

 

Creditors can also choose to charge-off a debt if you’re unable to repay it. In this case, the debt record is removed from the creditor’s records and the creditor can either attempt collections in-house or sell the debt to a debt buyer. By selling the debt to a debt buyer, the creditor is able to claim a tax exemption.  You still have the obligation to repay the debt but your obligation is to pay the new debt purchaser instead of the original creditor.

 

Debt Discharge

Choosing to file for bankruptcy may be a difficult decision to make, but the benefits are many. Discharging your debts through bankruptcy is the most effective way to permanently end your repayment obligations without any tax liability. If you have your debts discharged through bankruptcy, you are not taxed on any debt so discharged.   In any event, there is a specific IRS form to be excused from having to file taxes on debt discharged in bankruptcy.

 

Filing for bankruptcy gets a negative reputation, but it’s an effective legal process designed to provide debt relief to individuals and businesses struggling with overwhelming financial burdens. Cancellations and charge-offs both have many catches and will still follow you to tax season.

 

With the help of a quality lawyer, you can file for bankruptcy and successfully discharge debts for good. If you’re considering filing for bankruptcy in Marshall, MN, contact Behm Law Group, Ltd. at (507) 387-7200 for more information about working with our quality bankruptcy attorneys.

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Handling a Rental Property When Filing for Bankruptcy in Windom, MN

When filing for bankruptcy, you’ll have to take all your property into consideration. Your home, car, and even expensive jewelry are part of your bankruptcy estate and will be handled according to the exemptions you can claim, the equity in your property, and any additional claims your creditors make. Whether you file for Chapter 7 liquidation bankruptcy or Chapter 13 reorganization bankruptcy, there is a possibility that you might not be able to retain all of your property in the process. With the professional guidance of Behm Law Group, Ltd. attorneys, you can find the optimal solutions to resolving property issues and protecting your property when  filing for bankruptcy in Windom, MN.

One of the biggest concerns for homeowners filing for bankruptcy is whether or not they’ll lose their home in the process. That’s where the homestead exemption comes into play, protecting most homes from liquidation during Chapter 7 bankruptcy. Because debts are restructured in a Chapter 13 case, homeowners generally don’t have to worry about losing their homes in Chapter 13 bankruptcy.

However, there are cases where a filer owns multiple rental properties in addition to one’s principle residence. The homestead exemption you can use to protect your primary residence isn’t applicable to rental properties, so it can be more difficult to keep rental properties when filing for bankruptcy.

Rental Property in Chapter 7

If you have equity on your rental property and its value is higher than the debt you owe, you probably want to hang onto that property. To try and protect your rental property from liquidation during the Chapter 7 filing process, you have to assert an exemption claim. Because you can’t use the homestead exemption, your only choices include a portion of the un-used federal homestead exemption (up to $11,850) and the federal wildcard exemption (adding another $1,250). In Minnesota people can elect to utilize either the state or the federal exemptions, so it’s possible you can protect some value in your rental property depending on its worth versus how much debt is against it. If the value of your rental property is less than the debt against, the trustee will not attempt to liquidate it because the entire value is extinguished by the debt against it.  Essentially, the creditor that holds the mortgage or other secured lien has full and complete rights to it.  Generally, you can keep making mortgage payments on the rental property outside of bankruptcy.

Rental Property in Chapter 13

In Chapter 13, your property debts are reorganized with other applicable debts into a three to five year repayment plan. This means you’ll be able to keep your rental property and continue making the monthly payments on it.  However, you can only do this if there is equity or value in the rental property above the debt you owe against it and the property generates a positive income for you.  In other words, the income you receive from the rental property must exceed the associated monthly expenses (mortgage payment, utility payments, property tax payments, insurance payments, etc.). If the rental property generates negative revenue, however, you will be required to surrender it in Chapter 13. You may also be able to find options to cram down or strip liens off to keep a rental property that generates a negative cash flow.

Find Professional Help When Filing for Bankruptcy

If you’re considering filing for bankruptcy in Windom, MN and own rental property, Behm Law Group, Ltd. can help you work to retain that property during the bankruptcy process. Contact us at (507) 387-7200 for more information about filing for bankruptcy and how our expert bankruptcy attorneys can help you.

 

 

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Priority Claim Treatment for Debts Resolved With Bankruptcy in Worthington, MN

If you’re an individual struggling financially in the United States, you have several options to resolve your debts effectively. These options include bankruptcy, which in many cases is a far more beneficial option than other remedies such as debt settlement or debt consolidation. Individual bankruptcy options commonly take the form of asset liquidation/debt discharge or debt reorganization, known respectively in bankruptcy terms as Chapter 7 and Chapter 13. If you choose to file for bankruptcy in Worthington, MN, Behm Law Group, Ltd. provides legal advice and assistance in navigating the process from start to finish.

With either bankruptcy chapter, any individuals, companies, or organizations to which you have debt obligations are categorized into types of creditors based on the kind of debt owed. These categorizations will determine how your debts are handled and how your creditors may be paid in your bankruptcy case.

One type of debt that is commonly encountered in bankruptcy cases is priority, unsecured debt. This kind of debt is generally treated more preferentially than general, unsecured debts.  Priority creditors will often file proofs of claim regarding the debts you owe.  In a chapter 7 bankruptcy case, priority, unsecured debts will not be discharged and a debtor will remain liable on those debts after a chapter 7 bankruptcy case is concluded.  In a chapter 13 bankruptcy case, priority, unsecured debts must be paid in full in order for a chapter 13 repayment plan to be approved by the bankruptcy court.

Creditors with priority claims will often have debts that are directly linked to the well-being of another person or organization. This includes debts owed to employees, child support and other spousal support obligations, contracted amounts owed in return for promised services, taxes, and settlements for injuries caused by intoxicated or substance-influenced motor vehicle accidents.

These claims are treated in accordance with the chapter regulations that delegate how all other debts are handled in a case.

Chapter 13: Priority claims in a Chapter 13 case determine in part how the filer’s repayment plan will be structured. In most cases, these debts will be handled in a process similar to secured debts. This means filers might be required to repay priority debts in full during their 3 to 5-year repayment plan period.  However, unlike secured debts, priority claims are not paid interest.

Chapter 7: In a Chapter 7 case, debts are processed in terms of discharge and exceptions to discharge.  As indicated above, the claims of priority, unsecured creditors will not be encompassed by the discharge issued by the bankruptcy court at the end of the case.

If you’re considering filing for bankruptcy in Worthington, MN, it’s important to understand how your creditors will be defined and what options they might have in the process. Behm Law Group, Ltd. provides counsel and support for both Chapter 13 and Chapter 7 cases. Contact us at (507) 387-7200 today for more information.

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Understanding the Predischarge Debtor Education Requirement for Bankruptcy in Luverne, MN

Whether you file for liquidation or debt reorganization bankruptcy, it’s likely that one or more of your debts will be discharged in the process. Discharging debts in Chapter 7 serves to simultaneously relieve debtors of unmanageable financial hardship and allow fair treatment of creditors despite a lack of full repayment. In a Chapter 13 case, certain debts can be discharged through a repayment plan. Foreseeing which debts will be discharged can be difficult, and organizing your case without the help of a professional may change that outcome. Behm Law Group, Ltd. offers legal advice and assistance if you choose to file for bankruptcy in Luverne, MN.

In addition to the many requirements involved in bankruptcy cases, filers who will have debts discharged must undergo predischarge debtor education before the bankruptcy process can be completed and before the bankruptcy court can issue a discharge order.

Predischarge Education

The predischarge debtor education requirement was established with the purpose of advising those who’ve fallen into debt and filed for bankruptcy on how to better manage their finances. This course is different from the credit counseling requirement which debtors must undergo prior to filing a bankruptcy petition. Instead, debtors must go through a predischarge education course after their petition is filed but before they’re granted a discharge on any debts.

The financial management education course must be provided by a court-approved agency within a forty-five day period after the meeting of the creditors. The course lasts around two hours and covers materials that teach debtors how to improve their financial situation after bankruptcy. Topics include effective budgeting practices, handling taxes sensibly, and other court-required material.

You’ll certify your fulfillment of the predischarge debtor education requirement with bankruptcy Form 423, and if you file a joint bankruptcy petition, you and your spouse must both take the course. Additionally, the agencies that provide the necessary predischarge debtor education course don’t have to follow the same non-profit regulations as credit counseling providers. This means you may have to pay a fee to take the required course.

If you’re contemplating filing for bankruptcy, it’s important to consider fees for requirements like predischarge debtor education and other milestones in your case before you begin. Behm Law Group, Ltd. offers assistance at every step whether you file for Chapter 7 or Chapter 13 bankruptcy in Luverne, MN. Contact us at (507) 387-7200 today for more information.

 

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Repayment Plan Periods and Their Role in Chapter 13 Bankruptcy in Pipestone, MN

As an individual consumer, you have two options if you choose to file for bankruptcy. You can—if your income fits the requirements of the Means Test—file for Chapter 7 bankruptcy and have many of your debts discharged in the process. However, if you do not pass the Means Test, your second option is to file for Chapter 13 bankruptcy. In this case, your debts are restructured into a new payment plan that better suits your financial situation. Because the process of Chapter 7 liquidates most nonexempt property and because it can be difficult to pass the Means Test, many debtors opt to file for Chapter 13. If you plan to file for bankruptcy in Pipestone, MN, Behm Law Group, Ltd. can help you navigate the complexities of a Chapter 13 or Chapter 7 case.

Because the conditions of each filer are unique, each Chapter 13 case is different in its own way. These differences depend largely on the types of debts a filer owes. These debts determine how a repayment plan will be structured. Another aspect of the filer’s situation that determines the repayment plan is one’s income.

Income plays a key role in determining the length of time a repayment plan period will last. In Chapter 13 bankruptcy, repayment plans can last three to five years.

Three-Year Plan

Simply put, if your monthly income when you file your bankruptcy petition is lower than the median income of a Minnesota household the same size as yours, your Chapter 13 repayment plan can last either three years or up to five years. While one would most likely choose the three-year time period because one would complete one’s plan, get one’s discharge and exit bankruptcy sooner, one could voluntarily choose a time period longer than three years, but not longer than five years, if one needs a longer time period to pay off tax debts or mortgage delinquency debt.  Chapter 13 bankruptcy is designed to keep people with low incomes from continuing the same financial struggles they faced before filing for bankruptcy.

Five-Year Plan

If a three-year plan is based on income lower than the state median, the opposite determines a five-year plan. When your current monthly income is higher than the median income of a similar Minnesota household, your Chapter 13 repayment plan must be five years. The five year commitment period is mandatory.  This plan period was designed by the drafters of the bankruptcy code as a compromise regarding the debts of a higher-earning filer and the fair treatment of creditors.  The rationale is that higher-earning debtors should have the ability to pay proportionately more to their creditors than lower-earning debtors.  Additionally, the rationale is that higher-earning debtors probably incurred higher levels of debt prior to a bankruptcy filing and, therefore, they should be compelled to pay more back to their creditors.

Current Monthly Income

Your current monthly income includes all income from your wages or salary and it also includes all other sources like pensions, annuities, and tax returns. Additionally, it’s based on the income of the most current month, which may vary from your average income over the past 12 months. This means that if your income changes significantly while you are in bankruptcy, your three-year plan could be extended if you experience an income increase or your five-year plan period could possibly be shortened if you experience an income decrease.

For more information about repayment plans and filing for Chapter 13 bankruptcy in Pipestone, MN, contact Behm Law Group, Ltd. today at (507) 387-7200.

 

 

 

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Limitations of the Automatic Stay When You File for Bankruptcy in Windom, MN

Whether you file for Chapter 7 liquidation bankruptcy or Chapter 13 debt reorganization bankruptcy, you benefit from the immediate action of the automatic stay as soon as your bankruptcy petition is filed. The automatic stay is a wonderful tool designed to prevent creditors from collecting on debts that may be discharged or restructured during the bankruptcy process. It also prevents collections and blocks harassment from your creditors during the period of your bankruptcy case. If you’re struggling financially, the short-term effects of the automatic stay and the long-term effects of bankruptcy as a whole might be a viable option for recovery. Behm Law Group, Ltd. offers legal advice and assistance when you file for bankruptcy in Windom, MN.

The automatic stay provides a wide range of advantages (link to blog post “The Power of Automatic Stay When You File Bankruptcy in Fairmont, MN”) along with its ability to prevent your creditors from collecting debt payments during the stay period. In addition to the many ways the automatic stay can help you, however, there are some things it cannot do, including:

1. Halting certain lawsuits.

Lawsuits that affect minors (i.e. children of the parties involved) are protected against most financial proceedings, including bankruptcy. For example, the automatic stay cannot stop a lawsuit that involves paternity or child custody tests, nor can it stop a lawsuit that attempts to modify, collect, or confirm child support payments.

2. Halting certain tax requirements.

The automatic stay can’t alter or prevent IRS tax audits or issues regarding tax deficiency. Additionally, the automatic stay cannot prevent the IRS from demanding your tax returns and demanding payment for taxes owed.

3. Halting wage garnishment for pension loan repayment.

If you took out a loan from your retirement pension, the automatic stay doesn’t stop the garnishment of your income (including wages, salary, commissions, bonuses, and any other sources of income) for the repayment of that loan. This is the only condition where the automatic stay is not effective in preventing wage garnishment.

4. Halting criminal sentence proceedings.

If you’re in the process of undergoing criminal proceedings involving debt, or otherwise, the automatic stay is only able to impact the conditions of your sentence that involve debt repayment. The automatic stay does not change the parts of your sentence that involve community service, therapy, jail time, or other requirements.

Despite the many advantages of the automatic stay, these situations remain unchanged during the stay period when you file for bankruptcy. Additionally, if you’ve filed for bankruptcy the previous year, the automatic stay period will end after 30 days, unless you can prove the need for an extension.

If you’re considering filing for bankruptcy in Windom, MN, and want to learn more about how the automatic stay can apply to your situation, contact Behm Law Group, Ltd., at (507) 387-7200 today for more information.

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Getting Through the Holidays During Chapter 13 Bankruptcy in Redwood Falls, MN

From October to January, national spending on holiday decorations, parties, and gifts increases by an average of $500 to $1,000 per person. This extra spending during the holidays is a luxury that many consumers may take for granted. Families living below the poverty line often struggle to make ends meet during the holiday season more than any other time of year, and households working through Chapter 13 bankruptcy have fairly strict options for spending during the holidays. If you’re considering filing for bankruptcy in Redwood Falls, MN, or if you’re working through a Chapter 13 repayment plan during the holiday season, Behm Law Group, Ltd. can help.

Chapter 13 bankruptcy is designed to restructure your debts into a manageable repayment plan, and it can be a highly effective process for resolving debts without crippling the debtor. When it comes to extra spending, however, the budget of a Chapter 13 plan can make things difficult.

Spending Limits

The problem with a Chapter 13 repayment plan during the holiday season is the limitation on disposable income. When you propose a repayment plan to the U.S. Bankruptcy Court, you disclose all of your debts, expenses, and income.

Your income is broken into categories of discretionary and disposable. The income you would normally spend during the holidays is a part of your disposable income, but during a Chapter 13 repayment period, most of that income must be used to repay your unsecured creditors.

Repayment plans last three to five years, and despite the rise in national spending during the holidays, your budget must be built around the requirements of your plan. Your budget in a chapter 13 case will have some cushion such that you will be able to use some of your disposable income to purchase gifts, etc. during the Holiday Season.  However, during a chapter 13 case there’s naturally going be to less room for spending money on gifts, decorations, or any other holiday luxuries than would be the case if one were not in a bankruptcy proceeding.  Most of your disposable income still must be applied to the benefit of your unsecured creditors.

Ways to Spend

There are some options that make it possible for your household to have holiday spending money during a Chapter 13 plan:

  • You can modify your repayment plan for a month or two and use the excess money on holiday festivities
  • You can borrow certain amounts from your 401(k) and resolve to replace that amount when your repayment plan period ends
  • When you receive your tax refund, your trustee will take most of that income since it’s considered disposable income, but will often leave a decent part of it for you to save or spend. If you plan ahead, this saved money can be used during the holidays

While these options may not be advisable during any other time of the year, it might be worth having holiday cheer to take advantage of these options.

If you’re considering filing for Chapter 13 bankruptcy in Redwood Falls, MN, Behm Law Group, Ltd. can help you throughout the process and offer legal advice and support for spending options during the holidays. Contact us at (507) 387-7200 today for more information.

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Cross-Collateralization and Bankruptcy in Jackson, MN

If you are considering filing for bankruptcy, your debts will be categorized as those securing purchased properties (secured debts) and those that do not involve tangible property (unsecured debts). Your creditors will also be categorized similarly, depending on which type of debt you owe to each. In the case of debt owed to a bank or credit union, categorization varies based on “collateral.” Behm Law Group, Ltd. works to determine how collateral may affect you when you file for bankruptcy in Jackson, MN.

Collateral

When you take out a loan through your bank or credit union, you give a security interest to that creditor. In the case that you fail to make payments on your loan, your bank or credit union can seize the property in which it has a security interest and sell it to satisfy the debt owed. In such a situation, such property is called “collateral”.

Collateral and Credit Unions

Banks and credit unions have two marked differences. First, credit unions do not operate for profit as banks do, and second, credit unions offer borrowing services that may include cross-collateralization clauses. Essentially, a cross-collateralization clause states that the security interest and a particular item of collateral may be connected to all your debts through your credit union.

This means that you may be able to take out a loan on a car from your credit union and you may also have credit card debt through your credit union card provider. A cross-collateralization clause may be attached to one of those debts tying the two together. Even if you pay back the full debt on your car loan, that car may still be sold as collateral if you stop making payments on your credit union credit card.

Debt Categorization and Cross-Collateralization

Cross-collateralization through a credit union can change the way your debts are categorized, which will, in turn, change the way those debts are handled in a bankruptcy case. For example, if you take out a loan through your bank to purchase a car, that debt is a secured debt because it is tied to and secured by the car. If you have credit card debt through that same bank, it is considered an unsecured debt because it is not secured by or connected to the car. In a Chapter 7 case, unsecured debts like credit card debts are discharged completely, and in a Chapter 13 case, you will only have to repay portions of those debts. However, if your car loan and credit card debt are taken out through a credit union and the credit union has a cross-collateralization clause, they both are considered secured debts. This means you will be required to repay both debts if you want to keep your car in a Chapter 7 case and to repay both debts in a Chapter 13 case.

If you are considering filing for bankruptcy in Jackson, MN, and have multiple loans through a credit union, you may have a situation where a cross-collateralization clause is involved. Contact Behm Law Group, Ltd. at (507) 387-7200 today for expert advice and legal assistance in your bankruptcy case.

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Number Breakdown: Exemptions When Filing for Bankruptcy in Marshall, MN

Whether you choose to file for Chapter 7 or Chapter 13 bankruptcy, the properties you own and the debts you owe will be subject to the bankruptcy process. In the case of Chapter 7, this means your properties (assets) can be liquidated in order to repay your creditors’ claims unless you use your bankruptcy exemptions to protect your property from liquidation. In a Chapter 13 case, the risk of losing assets to liquidation isn’t as significant like in Chapter 7, but your exemptions come into play to determine the amount you must pay back in a restructured payment plan. Behm Law Group, Ltd. can help you navigate the complicated process of claiming exemptions when you file for bankruptcy in Marshall, MN.

In both Chapter 7 and Chapter 13, the exemptions you can claim are the same. The amount of each exemption you claim regarding a particular asset depends on the amount of debt you owe against that asset. Depending on the value of the asset and the amount of debt against it, you can protect equity (the value of the asset that exceeds the debt against it) in the asset from liquidation in a Chapter 7 case and keep the property involved.  Of course, you must still pay the underlying debt against that asset.  In a Chapter 13 case, you can use exemption amounts to determine the minimum amount you must pay in your repayment plan.

In Minnesota, a filer may choose to use state or federal exemptions in one’s case depending on which is most beneficial. The limits for the most commonly claimed Minnesota exemptions include:

Homestead: Exemptions on standard residences and land up to a maximum of $390,000, and exemptions on agricultural land spanning up to 160 acres up to a maximum of $975,000.

Motor Vehicle: You may exempt a maximum of $4,600 for your motor vehicle or up to $46,000 for a vehicle modified for disabilities.

Insurance: You can claim up to $46,000 on insurance benefits from the death of a spouse or a parent, including another $11,500 for each of your dependents.

Employee Benefits: A maximum of $69,000 of present and future employee payments can be exempted in your bankruptcy case, including wages, stocks, pensions, or IRAs.

Personal Property: You may automatically exempt essential items including clothing, food, utensils, and one watch. You may also exempt up to $10,350 on appliances and furniture, up to $2,817.50 on wedding rings, up to $11,500 on your tools of trade, and up to $13,000 on farm equipment.

Wages: Your wages during a bankruptcy case and full repayment plan period are protected up to 75% or 40 times the federal hourly minimum wage. Whichever of these values is greater is the amount that will be exempt in your bankruptcy case.

The exemptions you can claim in any type of bankruptcy case can impact the outcome for both you and your creditors. If you have questions about how exemptions can work for you or to learn more about the different types of bankruptcy in Marshall, MN, contact Behm Law Group, Ltd. today at (507) 387-7200.

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Trustee Compensation in Cases of Chapter 13 Bankruptcy in Owatonna, MN

If you are considering filing for bankruptcy, you must prepare to work with a bankruptcy trustee for the entirety of your case. Your trustee will oversee your case at each stage, acting as an administrator for legal procedures and a communicator between all parties involved. If you qualify for Chapter 7, your case will likely only last a few months. However, if Chapter 13 is your best option for filing for bankruptcy, your plan will last three to five years, and you will work with your bankruptcy trustee throughout that period. Behm Law Group, Ltd. can help you throughout the process of filing for Chapter 13 bankruptcy in Owatonna, MN, as well as provide information about the role of your trustee.

Your trustee is a government-appointed administrator for your bankruptcy case, and the trustee is compensated for his or her work in your case in a number of ways. In a Chapter 7 case, a trustee is compensated with a combination of fees and asset sales. With reorganization bankruptcy, the trustee cannot rely on asset sales, and because a Chapter 13 case lasts several years, the trustee must find compensation from other sources.

Plan Payment

The primary source of compensation for a standing trustee in a Chapter 13 case is through the repayment plan. A certain percentage of the monthly payments you make for your repayment plan go to compensate the trustee handling your case. This percentage is limited to a maximum of 10% of any plan payment amount. In certain cases, 10% of a monthly plan payment is a hefty sum; however, the trustee’s salary is currently limited to $145,000 a year, and the percentage of monthly compensation is adjusted to remain within this limitation.

The costs of operating a trustee’s office, the costs of any parties the trustee hires within your case, and any other costs incurred in your case are covered by the compensation paid to the trustee from your monthly plan payments and the plan payments from other chapter13 cases that the trustee is administering.  A trustee may have thousands of cases to administer.

Operating Budgets

At the start of your case and throughout the period of your Chapter 13 repayment plan, your trustee must file operating budget proposals to the Office of the United States Trustee. These proposals give budget information that includes all costs incurred during not only your repayment plan period but also the repayment plan periods of other cases the trustee may be administering. When the trustee’s operating budget is approved, the trustee is given permission to take a percentage of your monthly payments that will serve as total trustee compensation. This percentage may change if the budget changes throughout your 3 to 5 year-long plan.

If you are considering filing for Chapter 13 bankruptcy in Owatonna, MN, and would like to learn more about the process and the roles of your trustee and attorney, contact Behm Law Group, Ltd. at (507) 387-7200 today.