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Whether you are Filing Chapter 7 or Chapter 13 Bankruptcy in Minnesota, the next few months will be similar in procedure. You retain a MN Bankruptcy Lawyer by paying money toward the court filing fee. Once retained, you can direct all creditor calls to our law firm. In most instances this will ease the harassing phone calls. However, you are not protected from collection efforts until the case is filed.
We will prepare the bankruptcy petition when our firm receives all necessary information and we will work with you to review and sign your petition.
The Bankruptcy Court will send you a Notice of the Meeting of Creditors about 7-10 days after your case is filed. There is a lot of information contained in this notice; please thoroughly read it. The notice will specify the date, time and location of the Meeting of Creditors (approximately 30 days after your case is filed). You must attend the Meeting of Creditors.
The Meeting of Creditors is a relatively painless hearing. One of our MN Bankruptcy Lawyers will be with you at the hearing. The hearing is neither in a courtroom nor in front of a judge. The Meeting of Creditors is held before a trustee and will last approximately 5-10 minutes. The trustee will ask questions about your assets, debts and background information. You need to bring a picture I.D. and verification of a social security number. In addition, you will need to bring your most recent pay stub and bank statements from all bank accounts, showing the balance on the date your case was filed. Failure to bring these items could cause the trustee to file a motion to dismiss your bankruptcy case.
If you filed a Chapter 7, the next step is to complete the Debtor Education course and to wait 60 days until you receive your discharge notice. If you filed a Chapter 13, you will have to make monthly payments to the Chapter 13 office for the duration of your plan and then receive a discharge.
Usually, a bankruptcy will protect a debtor upon the filing date of a bankruptcy petition. A petition for bankruptcy is filed when a completed petition is presented along with the required filing fee to the Bankruptcy Court. When your bankruptcy petition is filed, the Bankruptcy Court mails a notice to your creditors to discontinue any type of collection efforts, including harassing phone calls, lawsuits, foreclosure and repossessions.
Usually, an employer does not have any reason to be notified of a bankruptcy filing. The most common instance when an employer is notified of a bankruptcy filing would be to stop a pending garnishment upon a debtor’s paycheck.
The Meeting of Creditors allows your creditors the opportunity to ask questions. However, creditors rarely appear. During the Meeting of Creditors, the trustee asks questions about your personal information, assets and debts. These questions are similar to those asked during the consultation with one of our MN Bankruptcy Lawyers. The meeting usually lasts five to ten minutes.
What debts can be “wiped-out”, or eliminated, in a bankruptcy discharge will vary based on which chapter you file, though there are many similarities. A Chapter 7 will wipe out debts quickly and completely. A Chapter 13 on the other hand allows you to repay some of your debt by prioritizing your debts and proposing a 3-5 year repayment plan. Upon completion, a bankruptcy discharge is granted and eliminates the remaining balances on your debt.
Chapter 7 dischargeable debts include credit card debts, medical bills, personal loans, utility bills, repossession deficiency balances, business debts, money owed under lease agreements, tax penalties and unpaid taxes past a certain number of years.
In a Chapter 13, your debts will be prioritized into three different categories. The first is priority claims, which must be paid in full. Second are secured debts, meaning debts secured by collateral. Finally, unsecured claims, such as credit card debt, must be paid up to the amount your creditors would receive if your assets were liquidated.
Typically, the types of debt to get discharged upon completion of your repayment plan are unsecured claims. The most common are credit card debts, medical bills, personal loans, utility bills, repossession deficiency balances, business debts, money owed under lease agreements, and tax penalties and unpaid taxes past a certain number of years.
Some debts are non-dischargeable under bankruptcy law. The following debts are not erased in either Chapter 7 or Chapter 13 cases. If you file for Chapter 7, these will remain when your case is over. If you file for Chapter 13, these debts will have to be paid in full during your plan. If not paid in full, the balance will remain at the end of your case:
Which assets are protected when you file for bankruptcy are different for each individual. However, generally speaking, a debtor will keep his or her home (if current with the mortgage), automobile (if current), life insurance, tools used in a trade, typical household goods and retirement accounts. Also, depending on the specific case, a debtor may be able to keep boats, guns, computers, recreational vehicles and, depending on their value, other “toys.” The only way to determine what assets you can keep is to meet with one of our qualified attorneys.
A husband or a wife can file, without the other if the situation warrants only one person to file. A typical situation is when either the wife or husband is the only person responsible for the debt. However, bankruptcy court requires both parties’ income and expenses in analyzing a debtor’s ability to qualify for Chapter 7 or Chapter 13. Also, if there is joint debt, the person who does not file still will be legally responsible for the entire debt.
If you have any questions or would like to know more about Minnesota Bankruptcy, contact one of our numerous Minnesota locations near you today, we’d be happy to help.
Compare the advantages and disadvantages of bankruptcy.
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- 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.”
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“Kain & Scott PA is the nicest law firm they don’t 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.”
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“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.
“They live up to their motto of being the friendliest lawyers around. The welcome receptionist comes around to greet you and leads you to a private room furnished with snacks and drinks. There is a massage chair in the room and your name is on a sign welcoming you personally to the private space.”
- Brother S.
“There are no better bankruptcy attorneys in MN - from the initial conversation to working with Veronica on payments, there are no finer people to help you get your life on track. Bankruptcy can be a terrifying thing, but Kain and Scott absolutely have your back.”
- Andrew K.
“After doing a bunch of internet research for Bankruptcy Attorneys, Kain & Scott PA overshadowed all others I had looked at. If you are not sure what to do, which option is best or who to choose, please call Kain & Scott. They will listen to your situation and tell you what your best option would be. Again call Kain & Scott, you will be glad you did! I know I am!!”
- Tammy E.
“I am not one to ever right a review, but with how wonderful Kain & Scott are I just have to let other people know. I would most definitely recommend them to my family, friends, or a colleague who is looking at filing bankruptcy.”
- Jessica A.
“Kain and Scott is the BEST!! Margaret H. helped me out a great deal when I was going through my hardship! I really love the fact that all the staff including Lindsay B. was kind enough to answer some personal questions that I had along the way. I wouldn't choose another company to work with! Thank you everyone who made my journey as a BREEZE! Now I would like to include Stephanie V. Buerger for congratulating me on my journey stepping forward to a debt free life! Stephanie Googins has done a great job providing me with additional information after the bankruptcy proc”ess!
- Gina S.
“I highly recommend this firm as well as recommending bankruptcy! Times have changed and it's not a big deal like it may have once been or how old people talk about it. It's truly a new beginning. This has made my life so much simpler. Exactly what I needed heading into a divorce. I can't thank these guys enough!! ”
- Mandy B.
“The process was so easy, this firm does all of the work for you and really works for you. They are great in responding to any questions you may have. I would recommend this firm to anyone who is struggling with debt. They are also very cost effective, and will work with you for payment arrangements. We couldn't be more satisfied! Debt free finally!”
- Katie B.
“All I can say is wow! From the moment I walked in the door I felt welcome and better right away! Everyone one treated me like me like my story actually mattered! I worked with Misty Myers and she was such an amazing person to work with! She made things so easy and just took charge right away with trying to help! I highly recommend Kain and Scott! I couldn't be happier with how I was treated!”
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“Even from the first conversation I had on the phone regarding their services, I knew I was going to choose them. I made an appointment for the following week and was welcomed with no judgement. The whole process was fast and efficient. I worked personally with Misty, Samantha, and Callie but everyone there was extremely helpful when I had questions. There was little to no paperwork and they did most of the work for me. My only regret was not filing sooner!”
- Megan W.
“The staff at Kain & Scott were amazing! They make you feel very comfortable from the first time you step in the door. Everything is well organized and they respond quickly to any questions you have. Shout out to Wes, Calli, Megan, Sarah, and Lindsey you all were great in helping me get my life back. Keep up the good work!!”
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“I have to say I have had the greatest experience filing bankruptcy with Kain&Scott. Kelsey B Quarburg and Jesse A Horoshak were two of the most professional attorneys I have ever worked with. Jesse showed up at my 341 meeting totally prepared. Other attorneys along with their clients weren't. Jesse and I weren’t called up first, so I had the privilege of seeing how this meeting would work. The first two clients and attorneys weren’t prepared at all, they were told by the federal trustees,that they were missing paperwork and information. It took these two clients and attorneys 20 minutes each to get through the process. Jesse had 1 client he was representing before me. The process was flawless, 5 minutes and the process was complete. My meeting took 5 minutes. It proved to me choosing the best law firm matters. Kelsey B Quarburg is the best. She was very professional yet she was also human. She would respond to my emails at odd times of the day and night. She kept me informed every step of the way. Thank you both. Thank you Callie for making sure my paperwork was forwarded and up to date. What a team. Thank you all so much for a job well done ,and I mean this from the bottom of my heart. Once again thank you all,for giving my life back. GOD BLESS YOU ALL ”
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“Stellar customer service and you have the “how can I help you” staff! You made my future easier to handle and I have so much more confidence especially with your staff behind me. I appreciate all your help and time you spend helping me address my credit. ”
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“I am very fortunate to have found Kain & Scott. They made my experience fast, friendly and trustworthy. Thank you to Megan R. for being flexible with payment arrangements and really understanding what other people may be going through and how to do what is best for them. 😊 Thank you to Stephanie Buerger as well,for being very welcoming and easy to work with during my initial info gathering. Thank you gals for making my experience a low stress to the point “filer friendly” experience. ”
- Scott K.