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When Corporations, LLCs, and Other Businesses File for Chapter 7 Bankruptcy in Mankato, MN

Running a business is a difficult venture, and even with support systems in place, the enterprise can go wrong. Whether it’s sudden or gradual, debts can overcome a business income and leave no other option than some form of debt relief. Debt relief options vary, but the most effective solution for the long term is to file for bankruptcy. Corporations, LLCs, and other businesses that are not sole proprietorships or partnerships can file for two forms of bankruptcy: Chapter 11 (reorganization bankruptcy) or Chapter 7 (liquidation bankruptcy). Individuals and businesses alike can find guidance when filing for Chapter 7 bankruptcy in Mankato, MN, with the help of Behm Law Group Ltd.’s attorneys.

 

Chapter 7 works similarly for individuals and businesses, but with slight differences. The primary function of Chapter 7 is to liquidate the filer’s assets in exchange for debt discharge. Individual filers may claim exemption allowances to protect certain properties (e.g., the homestead exemption protects the filer’s home from liquidation), but businesses have no such exemptions to claim.

 

How Chapter 7 Bankruptcy Works

Corporations, LLCs, and business formats that are not tied to the owner’s personal debts can petition for Chapter 7 to discharge all of their business debt. Compared to an individual consumer Chapter 7 bankruptcy case, business bankruptcies are fairly cut and dry.

 

Filers work with an attorney to build their case, including all the required documents and financial records. When the petition is submitted to the court and all necessary bankruptcy fees are paid, the court appoints a trustee to handle the liquidation of the business assets. Properties, equipment, business accounts, and any other components of the bankruptcy estate are sold. Creditors are paid with the value of those sales, and the trustee takes his or her commission based on a percentage of the values received.

 

When the assets are liquidated and the trustee distributes the sale proceeds among the creditors of the business, the court will then discharge unsecured business debts, including credit card debt, utilities owed, lease obligations, loans, and other business debts. When this process is complete, the business filing is shut down, effectively ending operations.

 

Chapter 7 bankruptcy is a highly effective debt relief process for businesses, though it’s undeniable that your company will be closed down. Many large U.S. businesses, such as Lehman Brothers in 2008, have used Chapter 7 to rid themselves of debt and shut down. Lehman Brothers filed with $691 billion in assets and $619 billion in debt. This was a case that affected hundreds of employees, but for the long term, was a positive solution for all involved.  In many cases, after the bankruptcy process is completed, one can create a brand new business operation that does the same work as the business that filed for bankruptcy relief and one can operate much more efficiently and smoothly without all of the debts that encumbered the former business.

 

If your business is struggling to keep the lights on and hasn’t had success negotiating with creditors or finding other ways of resolving debt, filing for Chapter 7 bankruptcy may be the final option. Filing will release you from all your business debt effectively, though it will just as effectively close down your business operations.

 

To learn more about filing for Chapter 7 bankruptcy in Mankato, MN, as a business or individual, contact Behm Law Group Ltd. at (507) 387-7200 today.

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How Bankruptcy Debt Relief Can Stop Legal and Illegal Creditor Debt Collections in Jackson, MN

Whenever you take a loan, whether it’s in the form of a mortgage, car loan, credit card, or otherwise, you become a debtor, and the loan provider becomes a creditor. The relationship between you and your creditors is generally a perfectly amiable, professional one if you’re able to meet your monthly payment requirements. If you find yourself in a position of being unable to meet those monthly payments, that relationship may start to change to something less amiable, and in some cases, less professional. With the protection of Behm Law Group, Ltd. attorneys, you can put a stop to creditor debt collections and find debt relief in Jackson, MN by filing for bankruptcy.

 

Anyone who has been in the position of being unable to repay their debts may know something about just how ugly creditor debt collection practices can get. Filing for bankruptcy can quickly resolve any issues you may be facing from your creditors’ collections attempts as well as provide a long-term solution for debt relief. Whether you file for Chapter 13 bankruptcy and have your debts reorganized into a repayment plan that is suited to your financial circumstances, or for Chapter 7 bankruptcy and have your non-exempt assets liquidated in exchange for a discharge of your debts, you receive the benefits of an automatic stay.

 

The moment you file for any type of bankruptcy, the court automatically places a stay on your creditors’ ability to collect debt. This stay, with the additional protection of a bankruptcy attorney, should put a stop to any creditor debt collection attempts, legal or illegal.

 

Legal Creditor Actions 

Before you file for bankruptcy and receive automatic stay protection, creditors are allowed to collect debt according to the Fair Debt Collection Practices Act (FDCPA). This means they can directly attempt collections and negotiations with you for the first six months you are delinquent. After that time period, your creditors can bring in a third-party collection agency. These collectors can communicate with you directly unless you have attorney representation, in which case that agency must work with your lawyer. If your original creditor sells your debt, the buyer of the debt must also abide by the FDCPA laws.

 

Illegal Creditor Harassment

The moment your creditors or collection agents attempt to collect outside of the laws the FDCPA outlines, they enter harassment territory. Illegal harassment actions include anything from calling you repeatedly at inconvenient times or places, calling you when they should be calling your lawyer, contacting your family members, threatening you, misleading you about their identity, threatening you with jail time and much more. Learn more about illegal debt collection here.

 

Illegal and legal debt collections alike are halted with an automatic stay that goes into effect the moment you file for bankruptcy. For more information about bankruptcy and debt relief in Jackson, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Exemptions for Chapter 7 Bankruptcy in Pipestone, MN

If you are unable to meet your monthly debt payments and don’t know how to get yourself out of your current financial situation, bankruptcy might be a valuable option for government-addressed debt relief. Filing for bankruptcy is a process that’s frequently given a negative image, primarily because of the impact it has on your credit score, but in fact, bankruptcy often has a positive long-term effect on your financial standing. Petitioning for bankruptcy and working through the filing process may seem daunting, and it is a nuanced legal procedure. However, with the help of a professional bankruptcy attorney, you can put together a strong, successful case for Chapter 7 bankruptcy in Pipestone, MN.

 

Chapter 7 bankruptcy is one of the most common bankruptcy chapters individuals and businesses file for in the United States. The process of Chapter 7 bankruptcy works to liquidate your non-exempt assets (properties) in exchange for discharging (dissolving) your debts. If your income is lower than the amount you are required to pay for your current monthly debts and your reasonable and necessary living expenses, you qualify for Chapter 7.

 

While Chapter 7 seems like a last gasp for many, largely because of the liquidation process, it’s not a process designed to leave you destitute. While some of your assets could be sold or liquidated, that is the exception rather than the rule.  Most people who  file for bankruptcy relief can and do protect and keep their properties with their allowed bankruptcy exemptions.

 

Exemptions are a key part of the filing process for Chapter 7 bankruptcy. The U.S. Bankruptcy Code provides exemption allowances for many of your properties, from your home and car to your small personal property items. The current Minnesota exemptions include:

 

  1. Homestead: Up to $420,000 for most homes (non-agricultural use) or $1,050,000 if the home is used primarily for agricultural purposes.
  2. Insurance: Including accident, disability, and life insurance for a spouse and dependent beneficiaries as well as fire and police beneficiaries.
  3. Trade Tools: Including agricultural equipment, livestock, and crop stores up to $13,000 in value; teaching materials and other tools of trade up to $12,000.
  4. Wages: 75% of your earned, unpaid wages within the past six months; wages earned within six months of release from prison; and wages paid within six months of employment after welfare.
  5. Personal Property: Including appliances, furniture, radios, and TVs up to $10,800; burial plots, church pews, clothing and watches, food, utensils.
  6. Public Benefits: Including compensation for crime victims, unemployment, and workers’ as well as veterans’ benefits.
  7. Miscellaneous: The wages of your child under 18, ERISA-qualified benefits and IRAs under $72,000, and property of partnership businesses.
  8. Vehicle. Value in a motor vehicle of up to $4,800.00.

 

The preceding list denotes just some of the many exemptions you can claim in a Chapter 7 case. First and foremost, bankruptcy is designed to be fair to you and your creditors alike. The court does not want you to be left with nothing, and so exemptions allow you to protect your property during a Chapter 7 liquidation.

 

To learn more about filing for Chapter 7 bankruptcy in Pipestone, MN, contact Behm Law Group Ltd. at (507) 387-7200 today.

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Navigating through Bankruptcy Delays with the Help of a Bankruptcy Attorney in Marshall, MN

Bankruptcy can be a highly effective way to find the financial relief you need for long-term stability. It can also be one of the most emotionally difficult legal processes you ever go through. Because bankruptcy is such a legally-nuanced process, it can be one of the most trying court-administered procedures for individual consumers to face—especially if they choose to start a case without the help of a knowledgeable bankruptcy attorney. If you are struggling to meet debt payments, but are hesitating to take the leap into filing for bankruptcy for fear of the difficulty and emotional toll it may take, it may be time for you to seriously think about how a lawyer can help. Behm Law Group Ltd. provides the legal counsel, advice, and comprehensive guidance you need from a bankruptcy attorney in Marshall, MN, and the surrounding area if you plan to file.

Whether you choose (and qualify for) Chapter 7 liquidation bankruptcy or decide to restructure your debts into a three- to five-year repayment plan with Chapter 13 bankruptcy, Behm attorneys can navigate each step of the process as well as advise you on the best bankruptcy choice before you even have to make a decision. When you enter a bankruptcy case, lots of information is thrown your way. While this can be overwhelming, our bankruptcy attorneys are here to tell you what everything means and how to proceed.

One part of bankruptcy many past filers have found difficult to work through is the occasional delay the court may have to pause action on your case.

 

Delays

Bankruptcy case delays occur for a number of reasons, some of which may be your responsibility and some of which may not. While there are many types of delays to a case that can occur out of unusual circumstances, the most common types of delays include:

  1. Missing information: If you have information the court needs that is not a part of a standard petition, your case may be put on delay while you gather the necessary documents and during the court’s review of them.
  2. Creditors’ requests for information: If creditors request information about your case, the court may put a pause on the proceedings until the creditors are informed in full.
  3. Creditors’ claims: Sometimes, creditors may have grounds to claim an asset is their property or that their debt is non-dischargeable. This may occur for a wide range of reasons, but if it does, it’s incredibly important to have the protection and assistance of a bankruptcy attorney.
  4. Your income: If you have initially filed for Chapter 7 and your income changes before you start your case (with a new job, for example), the court may delay your case while it decides whether you qualify for a Chapter 13 bankruptcy.

 

If you are considering filing for bankruptcy, don’t underestimate the necessity of a bankruptcy attorney in Marshall, MN, and the surrounding area. Contact Behm Law Group Ltd. at (507) 387-7200 to learn more today.

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Resolving a No-Asset Case with Chapter 7 Bankruptcy in Worthington, MN

If you own a car or house, you are like most other U.S. citizens in the fact that you possess an asset. Additionally, your property may be like most others if it’s tied to a loan agreement. Because of the high cost of housing and vehicles as well as many other necessary or luxury properties, financing agreements are quite common, and there are a range of ways you can enter into these agreements. While loans are very useful for you to acquire what you need in your daily life, they can also pose problems if you are unable to repay your debts. Behm Law Group, Ltd., can help you recover from burdensome debts and protect your property from liquidation by filing for Chapter 7 bankruptcy in Worthington, MN.

 

Filing for Chapter 7 bankruptcy may seem drastic, but in the long term, it can actually be one of the most effective ways to recover from onerous debts that you could struggle with for much longer if you didn’t file for bankruptcy. Though there are compromises you have to face in the process of filing for bankruptcy, the overall advantages can greatly outweigh the disadvantages.

 

Chapter 7 bankruptcy is a legal process through which your non-exempt assets (properties) are liquidated (sold). The money from the liquidation/sale process is then distributed by the chapter 7 trustee administering your case to repay some dividend to your creditors (lenders), and in return, your debts are discharged (dissolved). However, because the U.S. Bankruptcy Court does not want to leave people who file for Chapter 7 bankruptcy destitute and unable to reorganize and contribute to the national economy, it allows filers to claim exemptions on their properties.

 

These exemptions protect certain values or equitable interests as to your properties, from your home to your car to some luxury items. Because of the allowances your claims to exemptions provide, most Chapter 7 individual consumer cases are considered “no-asset” cases because the bankruptcy exemptions are typically sufficient to protect any values or equitable interests that you have in those assets.

 

No-Asset Cases

While there are technically assets involved in virtually every Chapter 7 bankruptcy case, your trustee and the court take the exemptions you claim into consideration when determining a no-asset case. Simply put, if your claimed exemptions don’t allow the liquidation of major asset values, your trustee will not pay your creditors anything.

 

This means your trustee won’t get paid any additional amounts from your case beyond his or her typical per case fee of $60.00. It’s similar to the situation of salespeople who are paid commission on top of base wages when they make a sale. If they don’t make a sale, they aren’t paid any extra commission wages.

 

Your trustee may also consider your case to be no-asset if the majority of your properties are exempt from the bankruptcy process. From the perspective of bankruptcy filers, a no-asset case usually bodes well because they will be able to protect their property from liquidation.

 

If you are considering filing for Chapter 7 bankruptcy in Worthington, MN, and want to learn more about exemptions, assets, and liquidation, contact Behm Law Group, Ltd., today at (507) 387-7200.

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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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How Predatory Lending Can Force You to File for Bankruptcy in Owatonna, MN

When it comes to navigating loans, it can take a frustrating amount of information and savvy to negotiate the process from start to finish. Whether you need support to buy a car, pay medical bills, finance your business, or for any other purpose, finding the right lender is the most important step. Unfortunately, there are lenders out there who take advantage of their ability to loan money. They ruthlessly drive borrowers out of income, compromise property ownership, and even force debtors to file for bankruptcy.

Predatory lenders are a continuing problem in the U.S., but there are those out there who want to hold these vicious creditors accountable. Behm Law Group, Ltd. is dedicated to providing counsel to those considering filing for bankruptcy in Owatonna, MN, and protection from predatory lenders.

As a graduate of Max Gardner’s Bankruptcy Boot Camp, Stephen Behm is committed to fighting predatory lenders and holding them accountable in defense of his clients. If you’re facing an aggressive creditor practicing the following common predatory practices, Behm Law Group, Ltd. can help protect you throughout your bankruptcy case.

 

Predatory Lender Practices

  1. Misrepresentation: Limited disclosure (or even false disclosure) of the terms of a loan including costs, time frames, risks, and any other fine print obligations is an immediate red flag of predatory lending.
  2. Inflation: Increasing the cost of loan documents, closing charges, and preparation fees is also a frequent practice of disreputable lenders. Adding in the cost of additional components like credit insurance can also mark an untrustworthy lender.
  3. Refinancing: Lenders that offer refinance loans based on home equity or offer refinancing on existing loans often push debtors to borrow more than they can pay off and impose higher interest rates and hidden fees. Additionally, refinanced mortgages from predatory lenders commonly impose balloon payments that are lower at first and quickly rise.
  4. Neighborhood targeting: Predatory lenders often target low-income neighborhoods, offering loans with higher interest rates for every debtor without regard to those individual debtors’ credit history, income, or otherwise ability to meet payments.

All these practices, including several other victimizing actions a creditor may impose on a debtor, characterize a predatory lender. Debtors that have fallen into the trap of a predatory loan can quickly find themselves in over their heads with financial difficulties. These practices contribute to a large number of bankruptcy cases in the U.S., most of which are filed under Chapter 7. If you’re struggling with the effects of predatory lending and are unable to meet monthly debt payments, filing for bankruptcy might be the right choice for you.

If you choose to work with Behm Law Group, Ltd. to file your bankruptcy case and halt creditor action, you can trust our attorneys to fight predatory lenders. Contact us today at (507) 387-7200 to learn more about filing for bankruptcy in Owatonna, MN.

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Who, What, When, and Why: Corporations, LLCs, and Chapter 7 Bankruptcy in Luverne, MN

Bankruptcy is a form of debt relief available to U.S. individuals and businesses alike, and while there are several versions of reorganization or liquidation bankruptcy, the overall goal of giving debtors a viable opportunity for financial recovery remains the same. If your limited liability company (LLC) or corporation chooses to file for bankruptcy, you can take advantage of the benefits a reorganization case provides through Chapters 11, 12, and 13, or you can liquidate your assets and receive debt relief through Chapter 7. With the advice and guidance of Behm Law Group, Ltd., you can choose the right type of bankruptcy in Luverne, MN, for your business and file a successful case for long-term financial stability.

While reorganization bankruptcy is an effective option for high-income businesses dealing with equally high debts, the best choice for businesses struggling to stay above water may be a Chapter 7 liquidation case. Chapter 7 bankruptcy is the most common format for individual bankruptcies, but because of the differences in how a case is handled for corporations and LLCs, this process can also be a viable option for companies going out of business.

 

Debt Discharge

For individual consumers, Chapter 7 bankruptcy works to liquidate non-exempt assets (properties including anything from homes and vehicles to jewelry and appliances the values of which are in excess of your applicable bankruptcy exemptions) and discharge many of their debts in return (including credit card debts, medical bills, mortgages, car loans, and more). In a Chapter 7 business case, the debts of the business are also discharged.  However, in a business Chapter 7, the business does not have the benefit of asserting bankruptcy exemptions to protect at least some assets.  Instead, the bankruptcy trustee will generally liquidate all business assets and use those funds to repay at least some dividend to creditors. When this process is accomplished, the business usually closes. Regardless of whether the business closes or stays in operation, its debts are discharged just as in an individual Chapter 7 and its creditors are unable to legally collect the discharged debts from the business.

 

Time and Place

An LLC or corporation might choose to file for Chapter 7 if they’re ready to close down and cut their losses. For example, if a technology company’s product becomes obsolete and they can’t alter their production to fit the changing market, the owners of that company can benefit from filing for Chapter 7. A company may also choose to file for Chapter 7 to stop creditor harassment and alleviate concerns of fraud that may lead to lawsuits.

On the other hand, it may not be time to file for liquidation bankruptcy if the majority of your business debts will become personal liabilities after filing—debts you’ll be responsible for even after your business is closed. The types of business debts that are considered personal liability after bankruptcy include trust fund taxes, alter ego claims, and fraud claims and debts of the business for which you may have signed personal guarantees.  Sometimes, one needs to file a business Chapter 7 bankruptcy and, thereafter, file an individual Chapter 7 bankruptcy to discharge debts of the business that one personally guaranteed.

f your corporation or LLC is failing to meet debt payments and gain steady revenue, Chapter 7 bankruptcy might be the right step to take. Contact Behm Law Group, Ltd. at (507) 387-7200 to start your case today and get the most out of filing for bankruptcy in Luverne, MN.

 

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Creditor vs. Debtor: Getting More Out of Your Case with a Bankruptcy Attorney in Mankato, MN

Bankruptcy is designed to help individuals and businesses recover from debt and continue to participate in the global and national economy. While bankruptcy offers what’s essentially a government-sanctioned financial backup plan, it’s not a bailout to simply rid yourself of debts with no concern for your lenders. When you file for bankruptcy, the process will work to create a balanced outcome for you and your creditors. If you’re considering filing for bankruptcy, do it with the help of a Behm Law Group, Ltd. bankruptcy attorney in Mankato, MN to get the most out of your case.

Bankruptcy is a fair system, balanced in regards to your creditors and yourself, and it allows you benefit greatly from the process with the right approach and with the help of a skilled bankruptcy attorney.

 

Chapter 7

 If you qualify for Chapter 7 bankruptcy by passing the Means Test, the vast majority of your debts will be discharged, except for student loans, child support and alimony and certain tax debts.  However, even student loans, child support and alimony and certain tax debts can be discharged in certain circumstances.  If the total value of your assets exceeds the amount you can protect/keep with your applicable bankruptcy exemptions, the excess, non-exempt value will be distributed among your creditors.

  • Good for you: In this process, you get the benefits of debt discharge. Most of your debts including credit card debt, medical bills, old utility bills, bad checks, overdraft fees from bank accounts, debts from foreclosures and repossessions of vehicles will be discharged and you won’t have to worry about those debts again
  • Good for your creditors: Your creditors benefit from the liquidation of your non-exempt assets, which gives them a return on their loans they may not have received if you did not file for bankruptcy. In most cases, however, people do not lose any assets and all they lose are their creditors/debts.
  • How to do better: With the help of a Behm bankruptcy attorney, you can pick your way through this nuanced process. Our bankruptcy attorneys can help you work through choosing exemptions, filing a joint case with your spouse, protecting your bank accounts, working around foreclosure, and more.

 

Chapter 13

This process of bankruptcy works to reorganize your debts into a new repayment plan that spans three to five years.

  • Good for you: This process structures the repayment plan around your current income and expenses, so you won’t struggle to meet payments. You’ll also only have to repay your unsecured creditors a portion of what you owe (0%-100%)
  • Good for your creditors: Your secured creditors generally get repaid in full but at a lower interest rate in this plan, and while your unsecured creditors only receive a portion, they’ll still see a return of what they’re owed
  • How to do better: When you work with a Behm Law Group, Ltd. attorney to structure a repayment plan proposal, you have a better chance of fair unsecured debt repayment, flexibility in your payment plan over the years, and protection from creditor harassment

If you’re considering filing for bankruptcy, keep in mind that the process will maintain a balanced treatment for both you and your creditors. With the support and legal savvy of a Behm Law Group, Ltd. bankruptcy attorney in Mankato, MN, you can file a stronger, more successful case. Contact us at (507) 387-7200 to get started today.

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Understanding When and Why You Can Be Forced into Involuntary Bankruptcy in Fairmont, MN

If you’re struggling to make monthly debt payments on time or missing payments completely, you may be eligible to file for bankruptcy. However, there are many who consider bankruptcy to be a last-ditch effort to save their finances. Whether you’re ready to file for bankruptcy or want to try to work through your debts another way, the full bankruptcy process might still be in the cards. This is because it’s possible for your creditors to force you into an involuntary bankruptcy if your debts and properties fit certain criteria. If you’re pushed into an involuntary bankruptcy in Fairmont, MN, Behm Law Group, Ltd. can protect you and guide you throughout the process.

Bankruptcy law is designed to benefit both the consumer or business as well as the creditors involved in the highest capacity possible. You may not want to file for bankruptcy, but you might be forced to “choose” this process anyway if your creditors file an involuntary case against you.

 

Involuntary Bankruptcy

The U.S. bankruptcy code protects creditors against negligent debtors by allowing them to file involuntary cases against those debtors, pushing them to file for Chapter 7 bankruptcy (Chapter 13 is not permitted in an involuntary case). When a debtor neglects their debts yet still maintains valuable assets, creditors can petition the courts to force that debtor into a liquidation bankruptcy process that’ll result in two things. First, creditors will gain some repayment from the liquidation of the debtor’s assets. Second, the debtor will receive discharges for the related debts. The majority of involuntary cases are filed against businesses rather than individuals, family farmers, or fishermen, but creditors can force individuals into bankruptcy if they owe significant debts and have adequate assets for creditors to benefit from in liquidation.

 

Rules

  1. One or more creditors must file a petition to set the ball rolling on an involuntary bankruptcy case.
  2. The debtor must respond to the petition within 20 days of receipt or the court will automatically force the debtor and creditors to start the involuntary bankruptcy process.
  3. If the debtor responds within 20 days, a hearing date will be established that’ll allow the debtor to defend themselves against the bankruptcy.
  4. If a debtor has more than 12 unsecured creditors, there must be a minimum of three creditors (with at least $15,775 owed to them in unsecured debt) participating in the petition for an involuntary bankruptcy.
  5. A single creditor can file an involuntary petition if the debtor owes them at least $15,775 and that debtor has under 12 unsecured creditors.
  6. Debts cannot be disputed or dependent on future legal decisions (e.g. lawsuit-related debts).
  7. Involuntary bankruptcies cannot be filed against family famers or fishermen, banks, insurance companies, credit unions, or non-profits.

 

If you’ve been avoiding debt payments for some time and are worried your creditors may try to file an involuntary case against you, contact Behm Law Group, Ltd. today at (507) 387-7200 to learn more about bankruptcy in Fairmont, MN.