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How Does Bankruptcy Work In Mn

Kain & Scott Is Minnesota’s Bankruptcy Law Firm

How Much Does It Cost To File Bankruptcy in MN

Posted byWesley Scott on April 1

Kain & Scott has been protecting Minnesotans from their creditors since 1972. We have ironed out the process for filing bankruptcy in Minnesota to make it the smoothest possible for our guests. At Kain & Scott, we have no worksheets to fill out and our staff HELP you all the way. We dont sign our guests up and say good luck to them. No, at Kain & Scott, from the very moment you reach out to us, we hold your hand through the whole process.

We know it took courage for you to reach out to us for help. We honor that courage by delivering the most kind, helpful, professional, and exceptional customer service of any bankruptcy law firm in Minnesota. How do we know this to be true? Kain & Scott is Minnesotas HIGHEST Google reviewed bankruptcy law firm in Minnesota.

Youve Been Through A Lot Treat Yourself To Mns Nicest Bankruptcy Law Firm

Posted byWesley Scott on April 13

We are so confident we are Minnesotas Nicest Bankruptcy Law Firm we guarantee it and trademarked it! That is right, we trademarked Minnesotas Nicest Bankruptcy Law Firm Guaranteed or 100% Off Your Fees!*

A law firm that is willing to guarantee their service to you is confident about the service you will receive. So confident, in fact, that we guarantee it or 100% off your fees. Unique? We think so! If you live in Minneapolis, Minnesota, and you are thinking about filing Chapter 7 or Chapter 13 Bankruptcy, if you are looking for the best customer service in the state of Minnesota, there is no other firm to turn to besides Kain & Scott.

Understanding Minnesota Law To Protect Your Property

Posted byCharles Nguyen on January 29

Under Minn. Stat. § 550.37, subd. 4, ll wearing apparel, one watch, utensils, and foodstuffs of the debtor and the debtor’s family and household furniture, household appliances, phonographs, radio and television receivers of the debtor and the debtor’s family… are exempt. See In re Irwin, 232 B.R. 151 .

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What Happens When Your Income Changes While You Are In A Chapter 13 Part Two

Posted byWilliam Kain on November 8

In an earlier post, I started writing about a common issue in chapter 13 bankruptcy cases: a change in income experienced by the debtor while the chapter 13 plan is open. The last post looked at why this is an issue – namely, the 2005 revision of the bankruptcy law that required chapter 13 bankruptcy debtors to annually send the chapter 13 trustee copies of filed state and federal income tax returns. Its from that tax information that a chapter 13 trustee can ask individuals already in confirmed chapter 13 plans to adjust their income and expense schedules to more accurately reflect the debtors month-to-month financial situation.

Common Legal Terms Explained

Bankruptcy Lawyers St. Cloud

Pro se This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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Bankruptcy: Getting Your Life Back = Debt Gone + Credit Repaired

Posted byWesley Scott on October 25

I know that Minnesota bankruptcy professionals often think they have done their job when they get rid of your debt for you. But at Kain & Scott, we do not think we are done yet. At Kain & Scott, we go the distance with you. To me, you dont have your life back until 1) debt is gone and 2) your credit is repaired.

Can Bankruptcy Get Rid Of Debt Owed To The Government

Posted byTim Tonga on September 12

Whether a bankruptcy can wipe out debt owed to the government is one question that many people have when considering filing for a chapter 7 or chapter 13 bankruptcy. Whether a bankruptcy discharge will eliminate this type of debt depends on the specific nature of the debt owed to the government. One common form of government debt is tax debt. Tax debt is generally not dischargeable in bankruptcy.

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Debt Relief Available In A Chapter 7 Vs Chapter 13 Bankruptcy

Posted byWesley Scott on May 22

Supreme Court Justice James Clark McReynolds was one of the first Justices to set out the purpose of bankruptcy laws. In 1915, he wrote that bankruptcy is designed to relieve the honest debtor from the weight of oppressive indebtedness and permit him to start afresh free from obligations and responsibilities consequent upon business misfortunes. So, most Minnesota bankruptcy debtors are entitled to debt relief.

The nature of this fresh start largely depends on the type of bankruptcy the debtor files. It also depends on a concept called reaffirmation, especially in certain kinds of bankruptcy.

Minnesota’s Nicest Bankruptcy Law Firm Guaranteed Or 100% Off Your Fees

Qualifying for Chapter 7 Bankruptcy in Minnesota MUST SEE!

Very nice people, they really help alot and make your visit very comfortable.. thanks

– Sue L.

I went to google to check out some attorney’s in the Mpls area and the first office that came up was Kain & Scott. I checked out their website and I was sold on them right away! I was very impressed with what I read about them and the people who worked for them.

If you, or somebody you know, is considering filing for bankruptcy, do yourself a favor, don’t bother contacting just any law firm. Contact Kain & Scott! They will make you feel more relaxed and less stressed than you’ve felt in a LONG time! THEY HAVE YOUR BEST INTEREST because THEY CARE ABOUT YOU. Call them or email them. You will NOT be sorry.

– Justin T.

Kain & Scott PA is the nicest law firm they dont judge and have amazing people to answer the phones and be patient with clients like us Megan Rockenbach is such a good listener and very kind on the phone.

– Ceairra B.

Everyone in the office is extremely helpful and nice!

– Miranda M.

These are very kind and helpful people who take the stigma out of bankruptcy and treated me like I wanted to be treated. They understand good people sometimes have hard times. Wes Scott and his team are so nice! Stephanie Buerger has been a savior and responds to my email or phone call questions the same day. It feels like small town service with big city talent and reputation!

– John S.

– Brother S.

– Andrew K.

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Should I Use Retirement Funds To Pay My Debt In Mn

Posted byJesse Horoshak on February 26

When individuals are faced with crushing debt, and unable to meet their monthly obligations, one of the logical questions they struggle with is whether they should use their retirement funds to pay the debt. There are few things about my job that break my heart more than hearing clients that are at, or close to, retirement age have used their retirement funds to pay their debt.

Spouses Default In Minnesota

In Minnesota, when one partner in a marriage files a petition for divorce, the other party must file a response with the court within 30 days unless the two parties reach an agreement. When no response is filed, it is considered either default or uncontested case.

When a response is not filed, that spouse is essentially giving up their right to have a say in any of the elements of the divorce. More than likely, in the absence of a response, what is in the petition papers is likely going to be what the court orders.

When the 30-day period expires, and if the responding spouse has not filed an answer, the petitioning spouse can ask the court to enter a default judgment

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Hiring A Bankruptcy Lawyer In Minnesota

Most people find it worthwhile to get counsel. A bankruptcy attorney will help you:

  • qualify for the chapter of your choice
  • determine when it’s time to file
  • help you keep the property you want
  • make sure you don’t run afoul of fraud or other issues, and
  • explain when you can stop paying the bills you’ll erase in your case.

You can expect creditors to call until you file. It’s usually best to ignore them because telling creditors about your bankruptcy can encourage them to take more drastic collection steps before losing the right to collect altogether. However, if you hire counsel and refer creditors to your lawyer, they’ll have to stop calling you.

Are you curious whether your case is simple enough to file yourself? Our quiz will help you identify potential complications while educating you about the bankruptcy process. You’ll find it here: Do I Need a Lawyer to File for Bankruptcy?

Protecting Your Wages In Bankruptcy In Minnesota

Why People File Bankruptcy In Minnesota?

Posted byTim Tonga on November 17

A common concern for many people considering filing for bankruptcy is whether they will be able to protect their wages after they file. The Federal Bankruptcy Code is very generous about allowing debtors to keep the money that they earn from work to provide for their basic needed monthly bills and expenses.

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Staying Positive During Your Bankruptcy In Minnesota

Posted byCol Ovik on October 8

Recently, I started watching a new television series call Ted Lasso and I was quite wonderfully surprised. This is a show about positivity, kindness, and thoughtfulness. Even faced with the ugliest of characters, Ted Lasso continues his crusade of positivity.

This is a message we should all embrace. Many times I find myself passively watching some television show and the characters are awful to one another or some reality tv show that displays people at their absolute worst. At best, maybe I get a laugh from it, and at the worst, I walk away with a dampened outlook on human kind.

Chapter : Basic Liquidation

As the name suggests, Chapter 7 is sometimes decribed as the basic liquidation is the sale of the debtors non-exempt property and the distribution of the proceeds to creditors. One might think that Chapter 7 is generally the harshest form of bankruptcy as it can involve the mandatory sale of ones assets and generally does not involve structured reorganization of debt or a payment plan.

In most states bankruptcy proceedings are handled by a U.S. Trustee operating under the authority of the department of justice. In most Chapter 7 proceedings the process starts with the debtor filing a petition with the bankruptcy court that serves the area where the debtor lives, does business or houses their principal assets.

Along with the petition, the debtor must also submit a collection of documents that provide a detailed account of the debtors financial situation. This includes but is not limited to income, assets, living expenses and debt obligations.

Exempt Property:

Please know that most of the Chapter 7 clients at Kelly Law Office dont have any assets liquidated at all. Most if not all of their assets can be claimed as exempt, so that they may keep them. For assets which are not exempt, the Trustee may allow the Debtor to buy the asset back by paying its value rather than surrendering the item itself.

Stop Collection:

Side Effects:

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Qualifying For Bankruptcy In Minnesota

If you’ve never filed for bankruptcy before, you’ll meet the initial requirement. Otherwise, check whether enough time has passed to allow you to file again. The waiting period varies depending on the chapter previously filed and the chapter you plan to file. Learn more about multiple bankruptcy filings.

You’ll also need to meet specific chapter qualifications.

You’ll qualify for Chapter 7 bankruptcy if your family’s gross income is lower than the median income for the same size family in your state. Add all gross income earned during the last six months and multiply it by two. Compare the figure to the income charts on the U.S. Trustee’s website .

Want an easy way to do this online? Use the Quick Median Income Test. If you find that you make too much, you still might qualify after taking the second part of the “means test.” If, after subtracting expenses, you don’t have enough remaining to pay into a Chapter 13 plan, you’ll qualify for Chapter 7.

Qualifying for Chapter 13 can be an expensive proposition because the extra benefits come at a hefty price, and many people can’t afford the monthly payment. To qualify, you’ll pay the larger of:

  • your priority nondischargeable debt
  • the value of nonexempt property, or
  • your disposable income.

Find out more about calculating a Chapter 13 bankruptcy payment.

How Much Does It Cost To File For Bankruptcy

Filing Bankruptcy in Rochester Minnesota

When filing for bankruptcy, you may have to pay filing fees along with attorneys fees. If you cannot afford an attorney, check with your local Bar Association, they can sometimes provide legal access and resources for free.

According to, the average person who files for bankruptcy will pay between $1,500 – $4,000 in filing and legal fees.

Some fee breakdowns from are:

Chapter 7 Total Filing Fees: $338

  • Filing fee: $245.

  • Re-opening a Chapter 7 filing: $260.

Chapter 13 Total Filing Fees: $310

  • Filing fee: $235.

  • Re-opening a Chapter 13 filing: $235.

Average Attorney Fee for Chapter 7 Bankruptcy: $1,450

A 2016 Martindale-Nolo study revealed that the average national average cost was $1,450 for Chapter 7 cases. The cost depends on where the case is filed. Chapter 7 fees generally range from a low of $1,000 to a high of $1,750. Of course, every case is different, and a number of factors can affect the cost of your case.

Average Attorney Fee for Chapter 13 Bankruptcy: $3,000

The Martindale-Nolo study showed an average of $3,000 for Chapter 13 cases, with ranges from $2,500 to $5,000. Chapter 13 fees are often governed by the bankruptcy court in the particular district, so fees vary widely from district to district.

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Stop A Foreclosure Repossession Or Eviction

The automatic stay will stop these actions as long as they’re still pending. Once complete, bankruptcy won’t help.

  • Evictions. An eviction that’s still in the litigation process will come to a halt after a bankruptcy filing. But the stay will likely be temporary. Keep in mind that if your landlord already has an eviction judgment against you, bankruptcy won’t help in the majority of states. Learn more about evictions and the automatic stay.
  • Foreclosure and repossession. Although the automatic stay will stop a foreclosure or repossession, filing for Chapter 7 won’t help you keep the property. If you can’t bring the account current, you’ll lose the house or car once the stay lifts. By contrast, Chapter 13 has a mechanism that will allow you to catch up on past payments so you can keep the asset. Find out more about bankruptcy’s automatic stay and foreclosure and car repossession and bankruptcy.

What About Chapter 13 What Happens With My Existing Mortgage

With a chapter 13 bankruptcy, borrowers will not lose their property. You will include details on how you plan on paying your mortgage in your repayment plan. In most cases, an automatic stay is issued once Chapter 13 is filed. An automatic stay means that creditors must stop collection efforts.

It was designed to temporarily halt foreclosure and stop repossession of homes regardless of the stage of the foreclosure proceedings. For homeowners with too much equity to qualify for a homestead exemption in their jurisdiction, this is an advantage of a Chapter 13 filing.

There are a couple of important caveats here: First, you have to stay current on any mortgage payments that are due after the filing. If youre behind on your payments, missed payments can be included in your reorganization plan, but you have to make sure all these debts are paid back by the end of your plan timeline.

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Financing A Car After Bankruptcy

Posted byWilliam Kain on March 13

One of the reasons people file bankruptcy cases is to preserve vehicle ownership. If the client has a car loan, a chapter 13 case in which the terms of the vehicle loan can be re-set to make the payment more affordable is often attractive. Or some clients prefer the liquidation approach of a chapter 7, in which other, unsecured debts are discharged, thus freeing up money in the monthly budget to make the car payment easier to afford.

The Cost Of Filing Chapter 7 Bankruptcy In Mn

How Does Bankruptcy Chapter 7 Really Work in Minnesota ...

Posted byWesley Scott on October 18

Obviously, when you are considering filing Chapter 7 bankruptcy, the cost of filing Chapter 7 Bankruptcy is important. Some firms will not give you their fees over the phone or on their website. I guess they dont want to deal with those people wondering how much the fees are to file Chapter 7 Bankruptcy. I honestly dont know why a firm would not share the fees with you unless they cannot justify the price of their fees to you over the phone or on their website. Maybe there is a reason why you should make some extra phone calls if the firm is not interested in helping you get your life back beyond what is in your wallet.

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