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. Typically, your estate plan should be reviewed every three to five years or after major life events. Keep in mind: the world changes and so does your world over the course of a lifetime, and it is essential that your estate plan reflects those changes. Here are a few types of changes that make an estate plan review all the more important: Ultimately, when our team creates or updates an estate plan, we’re dedicated to making it as simple and straightforward for clients as possible. So we proactively consider all of the above elements once the process begins – and do outreach like this to share important changes, reminders, and insights. But that first step of reaching out to create or update an estate plan is up to you. With that in mind, if you would like to discuss an estate planning consultation, I encourage you to respond to this email or give the office a call. We’ll take care of the rest!
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 a residence worth $130,000 and claimed the full $15,000 homestead exemption under Missouri law. The lender held a roughly $107,000 lien against the residence. Liquidation of the residence on the date of the petition would have resulted in no recovery for the bankruptcy estate. On April 5, 2022, Debtor converted her case from chapter 13 to chapter 7. Between the chapter 13 filing and the date of the conversion order, Debtor’s residence had increased in value by $75,000. Liquidation of the residence on the date of conversion would have resulted in a recovery of roughly $62,000 for the bankruptcy estate. The Bankruptcy Court for the Western District of Missouri held that, pursuant to 11 U.S.C. § 348(f)(1)(A) and § 541, the post-petition, pre-conversion increase in equity in Debtor’s residence became property of her converted bankruptcy estate. The Bankruptcy Appellate Panel for the Eighth Circuit affirmed and Debtor appealed. In affirming, the Eighth Circuit Court of Appeals (“Eighth Circuit”) looked to the text of § 348(f)(1)(A) that states, for a chapter 13 case converted to chapter 7, the “property of the estate in the converted case shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion.” The Eighth Circuit held that the post-petition, pre-conversion increase in Debtor’s equity was property of the converted estate, as proceeds “from property of the estate” under § 541(a)(6), and Debtor had effective control of the equity because she still possessed her residence on the date of conversion. In Minnesota, the state homestead exemption is significantly higher than the Missouri homestead exemption. As such, for a case converted from chapter 13 to chapter 7, the Goetz decision may have little impact for a post-petition, pre-conversion increase in equity in a debtor’s residence protected by the Minnesota homestead exemption; however, the decision could impact a post-petition, pre-conversion increase in equity in non-exempt property of the estate.
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 situation. Of course, one important step is to take up legal counsel to ensure that you are properly represented during the disagreement. However, there are some other steps you can follow to make sure you and your attorney are working with accurate information in the most amicable situation possible. While you might be able to navigate a misunderstanding or agreement with your neighbor, more often than not, these disputes will escalate as both sides dig in on their perspective on the matter. With this in mind, it is important to call on a property lawyer who understands the nuances of navigating these matters in court and who will have your best interests in mind. If you find yourself in a boundary dispute with a neighbor and aren’t sure how to proceed, please feel free to contact me or my office. We’re always available to provide advice and help represent you no matter which side of the dispute you are on.
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 system then sends a notice by mail or electronically to those who are listed on the mailing list. And the credit bureaus (Experian, Transunion, Equifax) will pick up the filing and include it in a credit report (for up to ten years after filing). If you look at the “legal notices” section of your local newspaper, you will see mortgage foreclosures, and probate notices and certificates of assumed name, among other notices. Those are there because a statute requires that information to be published at the expense of the person or company placing the notice. But no one pays the newspaper to publish a bankruptcy notice, so those notices are NOT published in the local paper. If you look in the notices of, for instance, the Sauk Rapids Herald, you will not see any bankruptcy notices. On Mondays the Star Tribune and Pioneer Press publish a list of bankruptcies, but the list is only for those who look like businesses. For instance “Doug Peterson, d/b/a Doug’s Auto Body” might be listed. But it is very unlikely that the Star Tribute and Pioneer Press would list just “Doug Peterson”. There are specialist newspapers, such as Finance and Commerce, in the Metro area, that list bankruptcies. And for some reason the Duluth News Tribune seems to publish filing information for cases which are filed in Duluth. But other than those, I am not aware of any Minnesota newspaper that publishes bankruptcy notices. If someone subscribes to the PACER system they can look up a case, but they have to be a subscriber and they have to pay a fee to do so (if the lookups exceed a certain amount per calendar quarter) and they have to look for your case specifically. Also, a bankruptcy is in the federal court system, not the state court system. Nothing will be automatically filed in the courthouse in the county in which you live (St. Cloud for Stearns County, Foley for Benton County, etc.). So anyone looking in your local courthouse will not learn of your bankruptcy filing from those records, unless there was a specific reason to file a bankruptcy notice in a specific case. I hope this eases your concern about how public your “public record” would be. As always, if you have questions, feel free to call me at 320-252-4473.
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 that attorneys play in bankruptcy proceedings and why building a strong attorney-client relationship is essential to achieving a successful outcome. So, if you’re considering filing for bankruptcy or are in the midst of the process, read on to learn more about how your attorney can help guide you through this challenging time. 1. Trust The attorney-client relationship is built on trust. You must trust your bankruptcy attorney to represent your best interests and provide you with the right guidance throughout the process. 2. Communication Communication is key in the attorney-client relationship. Your bankruptcy attorney will keep you informed about the progress of your case and explain the legal terms and procedures involved. 3. Legal expertise Your bankruptcy attorney has the legal expertise to guide you through the bankruptcy process. They’ll advise you on the best course of action, explain the legal implications of your decisions, and protect your rights throughout the case. 4. Emotional support Filing for bankruptcy can be emotionally challenging. Your bankruptcy attorney can provide you with emotional support and guidance, helping you navigate the stress and uncertainty of the process. 5. Customized solutions Your bankruptcy attorney will create a customized solution to meet your unique needs and goals. They’ll tailor their advice and guidance to your specific situation and provide you with a plan that works for you. The attorney-client relationship is crucial in a bankruptcy case. It’s built on trust, communication, legal expertise, emotional support, and customized solutions. If you are filing for bankruptcy in St. Cloud, Minnesota, and looking for a bankruptcy attorney who can provide you with strong guidance and support, reach out to Sam Calvert, Attorney at Law. To learn more about bankruptcy, click here. To learn about real estate, click here. To learn about wills and estate planning, click here. To contact us, click here or call us at (320)252-4473.
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 courts to restructure or discharge their obligations. While the word “bankruptcy” might conjure up images of financial ruin and failure, it can actually be a powerful tool for those who need it most. It’s not about giving up or admitting defeat; it’s about taking control of your financial situation and finding a path toward a brighter financial future. Bankruptcy can be a scary and daunting process, but it can also provide you with the financial relief you need. Filing bankruptcy can be a difficult decision to make, but sometimes it’s necessary to take control of your financial situation. If you find yourself drowning in debt and struggling to make ends meet, it may be time to consider bankruptcy. But how do you know when it’s the right choice for you? In this blog, we’ll discuss six signs that indicate it’s time to consider filing for bankruptcy. 1. Mounting debt If you have significant debts that you can’t pay off, bankruptcy may be the best solution. Bankruptcy can help you eliminate or reduce your debts, giving you a fresh financial start. 2. Collection actions If you’re being hounded by creditors, receiving constant collection calls, and facing lawsuits or wage garnishments, it’s time to consider bankruptcy. Filing for bankruptcy can stop these actions and provide you with some relief. 3. Reduced income If your income has been reduced due to job loss, illness, or any other reason, and you’re struggling to make ends meet, bankruptcy can help. It can discharge unsecured debts and provide you with a fresh financial start. 4. Foreclosure If you’re facing foreclosure on your home, bankruptcy can help you save it. Filing for bankruptcy can stop the foreclosure process and provide you with the time and resources to catch up on missed payments. 5. Overwhelming medical bills Medical bills can be a significant source of debt for many people. Bankruptcy can help you discharge medical bills and other unsecured debts, providing you with some financial relief. 6. Struggling to pay bills If you’re struggling to pay your bills and expenses, and your debt is mounting, it’s time to consider bankruptcy. Filing for bankruptcy can help you create a plan to repay your debts, or in some cases, eliminate them altogether. Overall, filing for bankruptcy can be a difficult decision, but it can provide you with the financial relief you need to start fresh. If you’re struggling with debt and experiencing any of these signs, it’s time to consider bankruptcy. If you are looking for a bankruptcy attorney in St. Cloud, Minnesota, reach out to Sam Calvert, Attorney at Law today to discuss your options.To learn more about bankruptcy, click here. To learn about real estate, click here. To learn about wills and estate planning, click here. To contact us, click here or call us at (320)252-4473.
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 of living wills and why they are integral to your estate planning journey. So, let’s delve into the world of advance directives and discover how they can bring you peace of mind. 1: What is an Advance Directive? An advance directive, often called a living will, is a legal document that outlines your medical treatment and care preferences. It becomes effective only if you are unable to communicate your wishes. Having an advance directive in place ensures that your healthcare decisions align with your values and beliefs. 2: The Importance of Having an Advance Directive When unexpected medical situations arise, it can be challenging for your loved ones to make decisions on your behalf. An advance directive takes the burden off their shoulders by clearly stating their healthcare preferences. Knowing that your wishes will be respected brings peace of mind to you and your family. 3: The Role of Light in the Legacy The Twin Cities Medical Society has entrusted the responsibility of advance directives to a group called “Light the Legacy.” You can visit their website at https://www.lightthelegacy.org and access various versions of advance directives. One of the simplest versions requires you to provide basic information, such as your name, birth date, and the person you choose to speak on your behalf. The form can be easily obtained, and I am pleased to offer it to you for free at my office. 4: Exploring the Mideo Option In addition to paper-based advance directives, there is a video version called MIDEO®. Mideo allows you to create a comprehensive medical prescription for your care through a facilitated medical evaluation with a licensed provider. The recorded information is securely stored, and you receive a MIDEO ID card to keep with your important documents. This innovative approach ensures that paramedics and healthcare providers can readily access your advance directive when needed. Consider incorporating an advance directive into your planning process as a reputable attorney specializing in wills and estate planning. It provides a clear roadmap for your medical care, ensuring your wishes are respected and reducing the stress on your loved ones during challenging times. Whether you want to opt for a traditional paper-based advance directive or explore the modern approach with Mideo, get in touch with Sam Calvert, Attorney at Law, today! To learn more about the wills and estate planning services we offer, please click here. To contact us, please click here or call us at (320)252-4473.
BENEFITS OF HIRING AN ESTATE PLANNING ATTORNEY
What do you get when you mix a lawyer, a financial advisor? – it’s an estate planning attorney! These skilled professionals possess a magical ability to help individuals plan and protect their assets for the future, all while navigating the legal and financial complexities of the process.An estate planning attorney is a legal professional who specializes in helping individuals and families plan for the future. They possess a wealth of knowledge and expertise when it comes to navigating the complex world of financial and legal matters, such as wills, trusts, and tax implications. Think of them as a personal guide who can help you craft a solid plan for your assets, so you can rest easy knowing that your loved ones are taken care of in the event of your passing. If you’re wondering whether hiring an estate planning attorney is worth the investment, the answer is a resounding YES! Not only can they save you time and money in the long run, but they can also provide invaluable guidance and peace of mind. So sit back, relax, and let’s explore the six benefits of working with an estate planning attorney that will make you feel like you have your very own wizard on your side. 1. Tailored estate plan An estate planning attorney will create a customized estate plan that meets your specific needs and goals. They’ll take into account your assets, family dynamics, and future needs to ensure that your estate plan is comprehensive and effective. 2. Minimize taxes Estate planning attorneys have the expertise to minimize tax implications on your estate plan. They’ll create a plan that reduces estate taxes and gift taxes, saving your beneficiaries a significant amount of money. 3. Avoid probate Probate is a legal process that occurs after someone dies, where the court decides how their assets are distributed. Hiring an estate planning attorney can help you avoid probate altogether, saving time, and money. 4. Protect your assets An estate planning attorney can help protect your assets from lawsuits, creditors, and other claims. They’ll create a plan that shields your assets from potential risks and ensures that they go to your intended beneficiaries. 5. Provide peace of mind Estate planning is a daunting task, but an estate planning attorney can provide you with peace of mind. You’ll have the reassurance that your affairs are in order, and your loved ones will be taken care of when you’re gone. Overall, hiring an estate planning attorney is crucial to ensure that your estate plan is comprehensive and effective. They have the expertise to minimize taxes, avoid probate, protect your assets, and provide peace of mind.If you are looking for an estate planning attorney in St. Cloud, Minnesota, reach out to Sam Calvert, Attorney at Law today.To learn more about bankruptcy, click here. To learn about real estate, click here. To learn about wills and estate planning, click here. To contact us, click here or call us at (320)252-4473.
REASON TO NOT KEEP YOUR MONEY IN THE SAME PLACE YOU OWE MONEY!
Many of the people I meet have their accounts at a credit union. Usually they like their credit union and assume that the credit union likes them back. And that may be true, generally. But I recently came across a credit card agreement from a local credit union, for a Visa card. On the second page of the agreement was this language: THE GRANTING OF THIS SECURITY INTEREST IS A CONDITION FOR THE ISSUANCE OF CREDIT UNDER THIS AGREEMENT. YOU SPECIFICALLY GRANT US A CONSENSUAL SECURITY INTEREST IN ALL INDIVIDUAL AND JOINT ACCOUNTS YOU HAVE WITH US NOW AND IN THE FUTURE TO SECURE REPAYMENT OF CREDIT EXTENDED UNDER THIS AGREEMENT. YOU ALSO AGREE THAT WE HAVE SIMILAR STATUTORY LIEN RIGHTS UNDER STATE AND/OR FEDERAL LAW. IF YOU ARE IN DEFAULT, WE CAN APPLY YOUR SHARES TO THE AMOUNT YOU OWE. Shares and deposits in an Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given are not subject to this security interest. If you have other loans with us, collateral securing such loans will also secure your obligations under this Agreement, unless that other collateral is your principal residence or non-purchase money household goods. On the face of it, this means that if you have a credit card through that credit union, and if you have your wages or other income deposited into a checking or savings account at that same credit union, your money could be taken by the credit union and applied to your Visa card. And if you file bankruptcy the credit union may freeze the funds on deposit on the day of filing and try to apply them to the Visa bill. This is just another reason to not keep your money in the same place you owe money!
THE TWO MOST COMMON TYPES OF BANKRUPTCIES
Bankruptcy is often feared, and the decision to file for bankruptcy can be a difficult choice. But, bankruptcy can be necessary for someone facing overwhelming debt, because it can give them a fresh start financially. If you wonder whether bankruptcy is the right choice for you, let’s talk. The two most common types of bankruptcies are Chapter 7 and Chapter 13. (Chapter 12 is for farmers, Chapter 11 is generally for businesses): Chapter 7: In chapter 7 you may have to give up or buy back your “non-exempt” assets. However, in very many cases there are no “non-exempt” assets. A chapter 7 may remain on your credit report for 10 years, but usually you can obtain credit cards and auto loans soon after bankruptcy, although your interest rate may not be as good as if you had perfect credit. I see people who filed bankruptcy getting perfectly routine home loans a few years after their case. Chapter 13: Sometimes known as “wage earned” bankruptcy, a Chapter 13 can restructure your debts, catching up mortgage payments, re-writing car loans, etc. A chapter 13 lasts between three and five years, but ordinarily you do not lose any assets that you want to keep. A Chapter 13 filing can remain on your credit report for up to seven years. I am often asked how bankruptcy will affect a credit score. Usually, the credit score is already poor because you are overloaded with debt and may be in collection. If so, bankruptcy probably won’t sink your score a lot more and because it stops the reporting of future late payments you may be able to rebuild your credit faster. Once your bankruptcy is over, you likely can get credit in the future. But that will depend on your income and how you handle credit after filing. For instance, you can get a secured credit card and use that to show that you are responsible in making payments on time. You want to not overload yourself with credit card debt in the future, however. Debt problems can feel overwhelming. Being broke is tough. Being broke can be hard on marriages. Bankruptcy lets you shed old debt. Good resources for budgeting after bankruptcy are The Village Family Services (800-450-4019) or Lutheran Social Services (888-577-2227) or, in the St. Cloud area, Caritas (320-650-1550). I understand being in debt is stressful, but I’ve helped many, many people through the process. Call me for a no-obligation discussion of your situation at 320-252-4473.