Mom co-signed for me. Now what?
From time to time I run into a person (we’ll call him Bob) who has a loan which was co-signed by someone, usually a parent (we’ll call the co-signer Mom). So, what happens if Bob files bankruptcy? Well, if the debt is unsecured, in a chapter 7 Bob’s debt is wiped out but the co-signer […]
Don’t pay mom back before filing
In the paperwork that is filed with your bankruptcy paperwork, we have to list any payments that you have made to “insiders” within the year before filing the bankruptcy. And at the trustee meeting the trustee will ask about payments to relatives or friends. So, what is an “insider”? Relatives and business “partners” are insiders. […]
Legislature does something to help
You can’t always write that headline, of course, but I think it applies to a law passed by the Minnesota Legislature in 2024. Chapter 114 updated exemption laws in Minnesota. (An exemption law means that a creditor cannot take a specific item). Among other things the new law did the following: a) the exemption for […]
Estate planning: a quick reminder
I hope this message finds you well. I often tell people in my network the biggest estate planning mistake they can make is to be among the 67% of Americans who don’t have one. But this big mistake is followed by a close second: creating an estate plan and thinking you’re then set for life. […]
Another reason to be wary in chapter 13
In In re Goetz, 2024 WL 998765 (8th Cir. Mar. 8, 2024), the Eighth Circuit Court of Appeals gave bankruptcy 13 debtors reason to be concerned about conversions from chapter 13 to chapter 7. On August 19, 2020, the debtor Machele Goetz (“Debtor”) filed a chapter 13 bankruptcy petition and plan. At that time, she owned […]
Don’t Fence Me In: Navigating Boundary Disputes with Your Neighbor
Here are the most common issues that land and property owners run into: boundary disputes. This happens when more than one owner claims ownership of the same piece of land. And whether you’re the one disputing or the one accused of encroaching, there are a few things you can do to try to handle the […]
WHO WILL KNOW I FILED BANKRUPTCY?
People often ask me who will know about their bankruptcy filing. Just like most court proceedings, a bankruptcy filing is technically “public information”. However, being public information does not mean that it is “publicized”. When we filing bankruptcy, we put together what amounts to a mailing list and file that with the court. The court […]
HOW IMPORTANT IS THE ATTORNEY-CLIENT RELATIONSHIP IN A BANKRUPTCY?
Bankruptcy is a complex legal process that can have a significant impact on your financial future. When navigating the ins and outs of bankruptcy, it’s crucial to have a skilled and trustworthy attorney by your side. But what makes the attorney-client relationship so important in bankruptcy cases? In this blog, we’ll explore the critical role […]
SIX SIGNS IT’S TIME TO CONSIDER FILING BANKRUPTCY
Bankruptcy is a legal process that can be thought of as a financial reset button. It’s a way for individuals or businesses to get relief from their overwhelming debts and start fresh. Essentially, it’s a legal declaration that a person or organization is unable to pay off their debts, and they’re seeking assistance from the […]
THE SIGNIFICANCE OF LIVING WILLS: ENSURING YOUR HEALTHCARE PREFERENCES ARE HONORED
Planning for the future is crucial, especially when making decisions about your healthcare. Have you ever heard of a “living will” or an “advance directive”? These legal documents can provide essential instructions for medical care, ensuring that your wishes are honored even if you cannot communicate them yourself. In this blog, we’ll explore the significance […]