Posted on

Why the 180-Day Inheritance Rule in Chapter 7 Bankruptcy Exists

One common misconception about bankruptcy is the idea that it will leave the filer with little to their name and damage their credit beyond repair. In reality, bankruptcy is an extremely helpful process for ridding individuals and businesses of debts they would otherwise not be able to repay.

 

Bankruptcy is a legal process administered through the bankruptcy court system. While bankruptcy does affect the filer’s credit and some could lose certain non-exempt properties in liquidation-type bankruptcies, the overall benefits can greatly outweigh the negatives. If you are considering filing for Chapter 13 or Chapter 7 bankruptcy in Jackson, MN, Behm Law Group, Ltd. can help you build a strong, successful case.

 

If you qualify for Chapter 7 bankruptcy by passing the Minnesota Means Test, you will have the majority of your debts discharged. The majority of common debts like credit card debt, medical bills, mortgages, and car loans are discharged in Chapter 7. When it comes to unsecured debts (debts not tied to a property/collateral), the discharge has no side effects. On the other hand, the discharge of secured debts may mean you’ll lose the property tied to that debt in the liquidation process if there is no equity or value in excess of the debt against the property that you can assert an exemption claim to. Exemptions protect important properties like your home, vehicle, furniture, etc.

 

Some properties that are only established as a money value, such as your retirement fund, trust fund, or an inheritance, may also be subject to the liquidation process, though there are generous exemptions for tax qualified retirement accounts such as an IRA, 401(k), 403(b), etc.  For inheritances in particular, such as those received through a will or a life insurance policy, there are special rules in place to prevent bankruptcy abuse and maximize the potential benefit/return to one’s creditors:

 

  • If your relative is still alive, your inheritance is safe from the liquidation process because you don’t own it yet.
  • If you received your inheritance more than 180 days after the date you filed your petition – meaning your relative passed away more than 180 days after the date you filed your case – it’s not considered part of your estate and it will be safe from liquidation.
  • If you receive your inheritance within 180 days of filing for bankruptcy (specifically, your relative passed away within 180 days after you filed your bankruptcy case), your case may be amended, and any inheritance could be at risk of being liquidated.  If you cannot use your available bankruptcy exemptions to protect some of the inheritance, whatever amount is not exempted will be liquidated by the bankruptcy trustee and paid over to your creditors.

 

This 180-day inheritance rule was established to prevent debtors from filing for bankruptcy to rid themselves of debt with the knowledge that they will soon receive a large sum from the death of a family member. Filing for Chapter 7 bankruptcy with that knowledge shows that you wanted a way around repaying your debts honestly with the money gained from your inheritance.

 

To learn more about inheritances or other assets and what happens to them when you file for Chapter 7 bankruptcy in Jackson, MN, contact Behm Law Group, Ltd. today at (507) 387-7200 or via email at stephen@mankatobankruptcy.com.

Posted on

Frequently Asked Questions about Chapter 7 Bankruptcy

If your low income is preventing you from meeting financial obligations like debts and bills, you might benefit from looking into the process of bankruptcy. Bankruptcy is available to individuals who have come into difficult times, whether that means unemployment, sudden medical costs, long-term accumulation of debt, or any combination of circumstances. Unlike other types of debt relief, bankruptcy is a formal legal process with permanent results. This means you will be protected by things like the automatic stay, a trustee, and other provisions of the bankruptcy code. With the additional guidance of a Behm Law Group Ltd. attorney, you can file a strong case for Chapter 7 bankruptcy in Luverne, MN.

 

Chapter 7 bankruptcy is a liquidation type of bankruptcy. It’s the most commonly filed U.S. chapter for individuals and corporations alike. For those who haven’t filed before, there are often many frequently asked questions (FAQs), including:

 

  1. How does it work?
    1. Chapter 7 bankruptcy works to liquidate your non-exempt property and repay creditors with the value gained from the sale of non-exempt property.  Most cases, however, are “no asset” cases where no assets are liquidated by the chapter 7 trustee and all of one’s assets are protected by one’s available bankruptcy exemptions.
    2. In exchange for this liquidation of non-exempt assets, your debts are discharged and you are permanently released from having to repay them.
  2. Will I get to keep my house?
    1. While Chapter 7 bankruptcy liquidates non-exempt properties, the bankruptcy code and Minnesota state law provide an allotment of exemptions you can claim to protect assets from sale.
    2. This includes the homestead exemption that protects the equity or value you have in your home and other exemptions that can be used to protect the equity or value you have in your car, additional real estate, personal items, or other properties.
  3. How will it affect my credit?
    1. While bankruptcy can be extremely beneficial for permanent, long-term debt relief, it will have a negative effect on your credit score.
    2. Your credit score will improve over time – indeed, it starts to improve the day after you file for bankruptcy relief – and a bankruptcy notation will generally be removed from your credit profile seven to ten years post-filing, although it is sometimes removed much earlier.
  4. How long does it take?
    1. Chapter 7 bankruptcy cases are generally closed in about three to six months depending on the case circumstances.
  5. How do I qualify?
    1. Individuals who pass the Means Test are eligible for Chapter 7 bankruptcy.
    2. The Means Test measures income-to-debt ratios against the state median income. If your income is lower than the Minnesota median income of a similar filer with a similar household size, you can qualify for Chapter 7.
  6. Which debts will be discharged?
    1. Your unsecured debts, including credit card debt and medical bills, will be discharged.
    2. Your secured debts that are tied to properties that are liquidated or surrendered will be discharged.
    3. Your secured debts related to property that you cannot exempt because there is no equity or value, since the amount of debt you may owe exceeds or is equal to the value of the property, will not be discharged if you choose to voluntarily reaffirm (reassume personal liability)  the related debts.
    4. Your priority debts, including most tax debts, child support, and criminal fines, will not be discharged.
    5. Student loans can be discharged but the process can be very expensive and protracted.  A person must actually sue the student loan lender in bankruptcy court, prove undue hardship , as that term is defined and interpreted under 11 U.S.C. §523(a)(8), and ask the bankruptcy court to discharge the student loan debt.

 

If you want to learn more about how the bankruptcy process will work and how it will affect your life, contact Behm Law Group Ltd. at (507) 387-7200 or via email at stephen@mankatobankruptcy.com for information about Chapter 13 or Chapter 7 bankruptcy in Luverne, MN.

Posted on

Redeeming Secured Property in Chapter 7 Bankruptcy

If you’re facing a large amount of debt and unable to make payments each month on those debts without severely compromising your quality of life, you may want to consider filing for bankruptcy. Chapter 7 bankruptcy is the most commonly filed case for individual consumers. In fact, there were over 400,000 non-business Chapter 7 bankruptcy cases filed in 2017. If you are considering filing for Chapter 7 bankruptcy in Redwood Falls, MN, Behm Law Group, Ltd. can help you put together a strong case that will provide long-term debt relief.

Chapter 7 bankruptcy works as a liquidation process. You will have to provide all your financial information including debts, income, and properties to the bankruptcy trustee assigned to oversee your case. The trustee will then liquidate (sell) any non-exempt assets (properties) you have if you cannot claim an exemption on them. You can claim exemption amounts on properties like your home or car and other assets to protect them from liquidation. Once your non-exempt assets have been liquidated, the debts tied to them are discharged along with your unsecured debts such as credit card and medical debt.

There is one other way your secured properties can be treated in Chapter 7 other than with liquidation or exemption. They can be redeemed.

Property redemption essentially means you are buying the property back from your creditor for the value it’s currently worth. This is a beneficial option for filers if they owe a debt on the property larger than its value. By redeeming the property, you may pay less than actually paying back the debt, and you will be able to keep the asset.

The value of the property is either agreed upon by you and your creditor, or, if you disagree, the court holds a valuation hearing. When the value is determined, you have to buy it back by paying one lump sum.

To redeem a property, there are several requirements that must be met. These include:

  • The property cannot be of value in the Chapter 7 case. This may mean you exempted it from liquidation or the trustee has determined that it has no value to your bankruptcy estate.
  • The property must be a tangible item.
  • The property cannot be real estate. It has to be a personal item such as a vehicle or computer – something other than your home or other real estate properties.
  • The property cannot be used for business purposes (i.e. if you use your car for onsite jobs).

Redemption is an effective way to reclaim property you owed a debt on that was much higher than its actual value. If you want to own your property debt-free, the Chapter 7 bankruptcy process and redemption is one way to do it.

To learn more about redemption and filing for Chapter 7 bankruptcy in Redwood Falls, MN, contact Behm Law Group, Ltd. at (507) 387-7200 or via email at stephen@mankatobankruptcy.com today.

Posted on

Overview of the Basic Differences between Chapter 7 and Chapter 13 Bankruptcy

In the United States, there are two main types of bankruptcy available to individuals and businesses alike: Chapter 7 and Chapter 13. While both types provide government-administered debt relief, the two chapters work very differently. Both are valuable options for debtors, and the more suitable one depends on the financial and personal circumstances of any given filer. If you are considering bankruptcy but don’t know where to start, Behm Law Group Ltd. can help. We can work with you to determine which chapter is right for you, and we can guide and protect you throughout your case. Filing for bankruptcy in St. Peter, MN, isn’t the impossible process it might seem to be, and our expert attorneys can help you see that every step of the way.

The main differences between Chapter 7 and Chapter 13 lie in how the debts are handled and how long the cases take.

Debt Handling

  • Chapter 7 is a liquidation process. This means your non-exempt assets/properties are liquidated/sold, and the amount realized from that sale is given to your creditors. This payment to your creditors allows any debts tied to those sold properties to be discharged. Your unsecured debts, such as credit card or medical debt, will also be discharged in the Chapter 7 process.
  • Chapter 13 is a reorganization process. This means that you will take your debts and reorganize them into a repayment plan customized to your income. The repayment plan requires one lump monthly payment until your plan is complete. You may be able to repay your secured debts in full under different terms, but your unsecured debts will be fully discharged after your chapter 13 plan has concluded.

Time

  • Chapter 7 takes between three to four months to complete. The time period varies depending on how quickly you complete the pre-bankruptcy credit counseling and other requirements, how long it takes your trustee to liquidate any non-exempt assets, and whether there are any judgment claims in your case that need to be expunged. 
  • Chapter 13 takes three to five years to complete. Your repayment plan will either be a three-year or a five-year period. If your income is lower than the state median of a similar household, it will be a three-year plan. If it’s higher, then your plan will be five years.

There are other differences between Chapter 7 and Chapter 13 as both are nuanced processes that vary case by case. Another major difference, for example, is that you can only qualify for Chapter 7 if you pass the state Means Test. This test measures your income-to-debt ratio. You’ll only be eligible for Chapter 7 if that ratio is lower than the state median of a similar household.

To learn more about the differences between the two chapters or to begin filing for bankruptcy in St. Peter, MN, contact Behm Law Group Ltd. at (507) 387-7200 or via email at stephen@mankatobankruptcy.com today.

Posted on

Unusual Properties Involved in Chapter 7 Bankruptcy

Filing for bankruptcy is a highly effective process for finding long-term, permanent debt relief. Not only does bankruptcy treat the majority of common individual debts, it also creates a situation for debtors to learn better financial practices and it protects the local and national economies from an excess of debts that won’t be repaid. If you are considering filing for bankruptcy, you’re not alone. Thousands of Americans file each year. With the help of Behm Law Group, Ltd, you can build a successful case for Chapter 13 or Chapter 7 bankruptcy in Worthington, MN.

Chapter 7 bankruptcy is the most commonly filed type of bankruptcy for individuals and consumers alike. It works to discharge your debts in exchange for the liquidation of your non-exempt assets. This means you may lose some non-exempt property in Chapter 7, but it doesn’t mean you’ll be left destitute with nothing to your name. In fact, thanks to the allotted exemptions you’ll be able to claim, most if not all of your property, like your home or car, will be protected.  In fact, in the vast majority of chapter 7 bankruptcy cases, all people lose are their debts and no property is lost at all.  

On the other hand, the property that cannot be exempted or protected will be liquidated or sold by the chapter 7 bankruptcy trustee. This often includes luxury items and other uncommon properties. Some unusual properties that might be subjected to the liquidation process include:

  • Pets: Most pets won’t be of any interest to your trustee because their monetary value is often insignificant in comparison with the rest of your property. However, if your pet is a rare breed, exotic animal, show-breed, or other expensive animal, it could literally be worth thousands of dollars. In that case, your pet could, unfortunately, be sold in the bankruptcy process.
  • Artwork: If you own valuable artwork, you may not be able to exempt or protect all of it from the bankruptcy process. Depending on the circumstances of your case, if it has a lot of value, your trustee could sell or liquidate it.
  • Jewelry: While exemptions can protect some of the value of one’s jewelry, some people could lose some of their jewelry depending on its overall value.
  • Boats: Boats are expensive, and if you’re filing for bankruptcy and own a boat, it’s likely you have a lot of debt to get rid of in a bankruptcy. Because of this, it may be difficult to exempt a boat from liquidation if that vessel has a lot of value.
  • Collections: Valuable collections often include rare items, complete assortments, antiques, or specialty trading cards. Even card collections like Magic the Gathering or Pokémon can be of value today. If you’ve put time and energy into compiling a valuable collection, it’s important to understand that, depending on its overall value, it could be liquidated in a Chapter 7 bankruptcy.

If you are considering filing for Chapter 7 bankruptcy in Worthington, MN and want to know more about exemptions, contact Behm Law Group, Ltd today at (507) 387-7200 or via email at stephen@mankatobankruptcy.com.

Posted on

How Government Debts Are Handled in Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the most frequently filed individual consumer case type. This type of bankruptcy discharges your debts in exchange for the liquidation of your non-exempt assets. While the loss of some property in return for the dissolving of certain debts is a possibility, such is not the case for most filers because they can use bankruptcy exemption allotments to protect their assets.

To qualify for Chapter 7 bankruptcy, you must satisfy the Means Test, which measures your income-to-debt ratio. If your income-to-debt ratio is lower than the state median of a similar household, you are eligible to file for Chapter 7. If you are considering filing for Chapter 7 bankruptcy in Jackson, MN, Behm Law Group, Ltd. can provide support, guidance, and legal protection throughout your case.

In Chapter 7, the majority of your unsecured debts will be discharged. This commonly includes credit card debt and medical bills, but may also range into more unusual debts like personal loans and income taxes. There are also various forms of government debts that are unsecured but might be treated as priority debs in your case.

SSA Overpayments: If you were accidentally given overpayments on your social security checks, you may be required to repay that debt if the SSA notices. If you file for Chapter 7 bankruptcy, however, this debt will be treated as an unsecured debt. The SSA may file an objection to the discharge of this type of debt on the grounds that you defrauded the SSA, but more likely, the debt will be discharged.

County/City Fees: Certain fees you owe to your local government may be discharged in part. This typically includes first-time fines, tickets, and other fees. For example, if you were required to pay a government-employed contractor to tear down an illegal structure on your property but could not make the payment, that debt would likely be discharged. If you paid a private contractor to tear it down but were fined for failing to tear it down in a timely manner, that contractor debt will likely be discharged, but the fine may or may not be discharged.

Fines: Strictly speaking, government fines are not discharged. The only exception to this rule is if the debt was gained in reimbursing the government for money that entity spent or lost separately from the fines you were charged. For example, you are billed for the removal of a tree on your property but the government over-estimated the cost of that removal. The over-fine will be discharged in a Chapter 7 case.

If you have government debts, they will most likely be discharged in Chapter 7, but there are a few exceptions. To learn more about how debts are treated in bankruptcy or to get started on filing for Chapter 7 bankruptcy in Jackson, MN, contact Behm Law Group, Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com today.

Posted on

Why Chapter 13 Is Less Common than Chapter 7 Bankruptcy in Mankato, MN

If you’re considering filing for bankruptcy, you’re not alone. Over 700,000 individuals file for bankruptcy each year in the United States. While those numbers have decreased significantly since the 2008 market crash, they still show that anyone can struggle financially in the face of many different factors. Filing for bankruptcy is a process designed to treat personal and business debts with a legal, federal court-administered relief program. However, filing for bankruptcy can also be a highly complex, nuanced system to navigate. The help of an expert bankruptcy attorney can turn a difficult case into a successful one with long-term debt relief. Behm Law Group Ltd. attorneys have the knowledge, skills, and experience to guide you through a Chapter 13 or Chapter 7 bankruptcy in Mankato, MN.

 

The two most frequently filed types of individual bankruptcies are Chapter 13 and Chapter 7. Chapter 13 bankruptcy works to reorganize your debts into a manageable repayment plan suited to your income. This plan lasts three to five years depending on your income in comparison to the state average income of a similarly sized household. Chapter 7, on the other hand, works to liquidate your non-exempt assets in exchange for the discharge of your debts.

 

While both Chapter 7 and Chapter 13 are common bankruptcies for individuals, Chapter 7 bankruptcy is filed for much more frequently than Chapter 13. From 2006 to 2017, the ratio of Chapter 13 to Chapter 7 cases filed was on average 30% versus 70%. These ratios range from 75.09% of Chapter 7 bankruptcies versus 24.85% Chapter 13 bankruptcies in 2006, and 61.50% versus 31.94% in 2017 with fluctuations between. Historically, in the United States, every year’s total of cases shows more Chapter 7 bankruptcies than other type, and for good reason.

 

Bankruptcy isn’t something that people choose to go through if they can help it. Those who file for bankruptcy are truly struggling with debts and have other financial hardships, and they turn to bankruptcy as the best choice for help in resolving those issues. If you are considering filing for bankruptcy, you can understand the legal, mental, and general stress that those who file experience. On top of this, the most common cause of bankruptcy is unemployment. The stress of financial burdens and a typically lower income means that filers will more frequently qualify for Chapter 7 bankruptcy.

 

Chapter 13 bankruptcy is a highly effective process for those with steady incomes. While you are more unlikely to have a significant amount of debt when you have a steady income, it’s completely possible to find yourself with heavy debts and a steady income. Typically, however, a low income is a primary cause of burdensome debt and leads to a Chapter 7 bankruptcy case more often than not.

 

If you are struggling financially for any reason, filing for bankruptcy may be the best step to take for long-term debt relief. To learn more about Chapter 13 and Chapter 7 bankruptcy relief in Mankato, MN, contact Behm Law Group Ltd. at (507) 387-7200 today.

Posted on

Why Many Local Restaurants File for Chapter 7 Bankruptcy in Jackson, MN

Running a business is a difficult endeavor, especially if it’s a young company. Maintaining a steady income and company growth means battling on several different fronts and working through many different expenses. Not only do the local economy and your business marketing endeavors affect your business standing, but also the national and even global economy play a role as well. Additionally, some businesses are even more difficult to run than others. Restaurants, for example, are notoriously difficult to maintain successfully. Behm Law Group Ltd. has helped many people work through a Chapter 7 bankruptcy in Jackson, MN, and the surrounding area.

 

If you find yourself facing a business bankruptcy after your restaurant becomes impossible to maintain, you’re not alone. Every year, many restaurants close due to bankruptcy, each case with its own unique set of circumstances. Despite the differences among cases, we can often highlight several common factors that played a part in the situation leading up to a bankruptcy.

 

Common Factors Playing a Part in Bankruptcy

 

  1. Capital: Restaurants require a lot of capital to operate. Not only does this include expensive kitchen equipment, restaurant-specific building systems, staff facilities, a large supply of furniture, registers/accounting systems, uniforms, and many other concrete items, they also include a range of food types with varying shelf lives. Building maintenance and restaurant operations are more expensive than almost any other service company.
  2. Licensing and Property: Liquor licenses, health inspections, zoning laws, rent, property taxes, and many other restaurant requirements are sky-high for restaurants. With the food service industry booming in the United States, state and municipal governments put restrictions on opening restaurants with these licensing and property expenses. In addition, federal health and food safety certification requirements put further strains on business incomes.
  3. Market Saturation: Another effect of the booming restaurant industry is market saturation. Restaurant customers are picky and they are eager to try new things and they are constantly demanding newer options and better quality. This results in a restaurant market that is highly saturated with many different types of restaurants that provide stiff competition to anyone else trying to make a living in the area. All of this means it’s extremely difficult to succeed based on market saturation alone, let alone in addition to other obstacles.

 

All these factors make restaurants a unique business in the fact that they are more difficult to run and more likely candidates for bankruptcy than most other companies.

 

Restaurant owners who file for Chapter 7 bankruptcy will face the good and bad of their situations. Chapter 7 works to liquidate some business assets in exchange for the discharge of debts, including mortgages, personal loans, equipment debts, and more. However, in many cases, this discharge comes with the reality of having to close down operations. It’s not impossible to reopen a restaurant again in the future, but for the time being, filers usually shut down their businesses.

 

If you are considering filing for Chapter 7 bankruptcy in Jackson, MN, contact Behm Law Group Ltd. at (507) 387-7200 to learn more about restaurant bankruptcy cases.

Posted on

Resolving Medical Bills and Other Debt Relief in Mankato, MN, with Bankruptcy

In the United States, the cost of healthcare is high, even with medical insurance. This expense is often a cause of much hardship for those who encounter medical costs of any kind, expected or otherwise. These expenses put pressure on household finances during an already stressful and often emotional time. If you are facing unmanageable hospital bills and medical expenses on top of other common debts (e.g., credit cards, mortgages, car loans, taxes), you can find debt relief that offers long-term, effective results by filing for bankruptcy. With the help of Behm Law Group Ltd., you can file a successful case and receive debt relief in Mankato, MN, from your medical bills and other debts.

 

While filing for bankruptcy may seem drastic, it is the most effective and direct way of resolving your medical expenses in addition to many other debts. Instead of working through the red tape of most hospital administrations without the assurance that your debts will be resolved at all, consider filing for bankruptcy, which kills several birds with one stone with the treatment of many debts and a guarantee that your medical bills will be completely dissolved.

 

Because medical bills are considered an unsecured debts, they will be fully discharged in any type of bankruptcy you can file for as an individual.

 

Chapter 7

As a liquidation type of bankruptcy, Chapter 7 discharges debts in exchange for the liquidation of your non-exempt assets. In most cases, the bankruptcy exemptions that are available to you are more than sufficient to protect all of your property from liquidation.  Unsecured debts such as credit card debts, and of course, medical bills, are discharged in full. Chapter 7 is the quickest and most expeditious type of bankruptcy to treat unsecured debts because the process usually takes only three to four months to complete.  However, you must pass the Means Test in order to prove you qualify for chapter 7 debt relief by showing that your household income is not greater than the state median income for a household of your size.

 

Chapter 13

Chapter 13 is a debt reorganization form of bankruptcy. Also referred to as wage-earner bankruptcy, Chapter 13 is an option available to those with an incomes too high to file for Chapter 7 or for those who want to protect their non-exempt assets from possible liquidation.  Chapter 13 reorganizes your debts into a manageable three- to five-year repayment plan. This means that you will pay your unsecured debts what you can afford to pay for a limited time with no interest, no late fees and no penalties.  At the end of your three- to five- year plan, whatever amounts of your unsecured debts that remain are discharged.

 

In a nutshell, filing for bankruptcy will ensure your relief from medical bills, and in most cases, many other debts as well. To learn more about filing for bankruptcy and receiving debt relief in Mankato, MN, contact Behm Law Group Ltd. at (507) 387-7200 today.

Posted on

Why Student Loans are Leading to Increased Rates of Chapter 7 Bankruptcy in Owatonna, MN

In many countries across the world, a college degree is considered necessary to enter a majority of job markets, and a bachelor’s degree is often viewed as the minimum standard for education. In the U.S., over 65% of high school graduates attend college, university, or other forms of higher education. The experience and certifications higher education provides are important to many students, but with the rising cost of tuition, a college degree can lead to financial troubles down the road.

Under the weight of large student loans, many college graduates are finding it difficult to keep their heads above financial waters. If you’re struggling to meet monthly debt requirements for any reason, Behm Law Group, Ltd. can help you determine whether filing for bankruptcy is the right choice. If you’re considering filing, our expert attorneys can guide and protect you from start to finish during a Chapter 7 bankruptcy in Owatonna, MN.

Student loans rates have increased significantly over the past ten years in the U.S. A recent study showed that 32% of yearly bankruptcies in the U.S. were driven primarily by student loan debts. Those that filed on the basis of student loan debts reported that almost 50% of their debt was made up of federal or third-party student loans. The total of U.S. student loan debt in 2019 is hitting a record high at $1.5 trillion and averaging at about $30,000 per student.  According to a July 24, 2018 Forbes article, the cost of attending a university and obtaining a degree has increased 8 times faster than wages.

With the highly competitive job market and the requirement of even further education within many career paths, new graduates are struggling to repay loans while facing the additional financial requirements of adult life. For many individuals, this struggle meets a breaking point, and bankruptcy or other forms of debt relief must be considered.  According to a May 24, 2012 Forbes article, the cost of higher education has risen 500% since 1986.

 

Student Loans and Chapter 7 Bankruptcy

In any type of bankruptcy, it is possible to discharge student loans. However, the process can be protracted, difficult and expensive.  In order to have student loans discharged in bankruptcy, you must actually sue the student loan lender in bankruptcy court and alleged uncommon financial and personal circumstances which would demonstrate undue hardship.   If one proves up circumstances demonstrating undue hardship, the bankruptcy court will discharge one’s student loans.  Typically, the process is unavailable to someone, however, because of the costs and time involved. So why would filing for Chapter 7 bankruptcy help college graduates with 50% of their debt in student loans?

 

Put simply, Chapter 7 bankruptcy discharges the majority of other common debts, including credit card debt, car loans, mortgages, medical bills, and personal loans. The process resolves these debts with a liquidation of non-exempt assets in exchange for debt discharge. Typically, in most cases, the bankruptcy exemptions one has available in bankruptcy are very generous and are sufficient to protect all of one’s property and the only things that one loses in bankruptcy are ones debts.  Chapter 7 bankruptcy is the most commonly filed and the most directly effective process of debt relief. However, it’s not a process everyone qualifies for. To be eligible for Chapter 7, filers must pass the Means Test to prove their debt-to-income ratio is severely out of balance. With the high numbers student loans censuses show, almost all college graduates struggling financially can qualify for Chapter 7 bankruptcy.

 

If you’re having a hard time meeting your debt payments due to student loans or other factors, contact Behm Law Group, Ltd. today at (507) 387-7200 to learn more about filing for Chapter 7 bankruptcy in Owatonna, MN.