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Minnesota Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: How to get rid of judgment from creditor no longer in business and was unable to notify of chapter 7
James L. Arrasmith
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answered on Dec 4, 2023

If you have a judgment from a creditor who is no longer in business and you were unable to notify them of your Chapter 7 bankruptcy, there are steps you can take to address this issue. First, it's important to gather any documentation you have regarding the bankruptcy filing, including the... View More

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2 Answers | Asked in Bankruptcy for Minnesota on
Q: I am going to be filing a chapter 7 no asset bankruptcy in June 2023

However, my brother just mentioned to me that in 2018, i was made a 1/6 co owner with my other siblings of some property (after probate cleared from my dad dieing). My brother has a house with a mortgage on that property and has the whole time since 2015.

I don't do anything with this... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 24, 2023

When you file a bankruptcy case, you also must file Schedules of ALL your assets and debts, among other things.

And you sign those disclosures under penalty of perjury (the penalty for which, a felony, is huge).

Never exchange a mere debt problem for a criminal liability....
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2 Answers | Asked in Bankruptcy for Minnesota on
Q: Can my elderly parents look into assisted living facilities while waiting for their bankruptcy to be finalized?

Bankruptcy was filed in Nov 2022 and is still being reviewed. Both parents have significant health issues that will require them to seek alternative living situations in the near future but they are finding there is a shortage of appropriate housing options coupled with long waiting lists for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 20, 2023

You don't disclose a critical fact- are your parents in a Chapter 7 or Ch. 13 bankruptcy?

If it's a Chapter 7, the "curtain" dropped on the date the case was filed, so sure, your parents can do whatever they want/can at this point.

If it's a Chapter 13, and...
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2 Answers | Asked in Bankruptcy for Minnesota on
Q: Can my elderly parents look into assisted living facilities while waiting for their bankruptcy to be finalized?

Bankruptcy was filed in Nov 2022 and is still being reviewed. Both parents have significant health issues that will require them to seek alternative living situations in the near future but they are finding there is a shortage of appropriate housing options coupled with long waiting lists for... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

They can look into anything the wish but I would be careful signing anything without consulting their bankruptcy lawyer. If they are in a 7, they can proceed however they wish. If they are in a 13, they will need permission from the court before they sign or commit to taking any action.

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1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Minnesota on
Q: If a person redeems their property after a sheriff's sale, what fees can be claimed for reimbursement by the bidder
James L. Arrasmith
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answered on Oct 8, 2024

When someone redeems their property after a sheriff's sale, the successful bidder may claim certain costs for reimbursement. These typically include the purchase price paid at the sale, any interest that accrues from the time of the sale until redemption, and allowable expenses related to... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Minnesota on
Q: Medical Assistance overpayment

I have an overpayment for Medical Assistance from 2006. I'm getting notcied from the County for demand of payment. I filed chapter 7 bankruptcy in 2015 but did not list the agency. Per Department of Human Services website. The agency cannot require me to amend my bankruptcy and list them as a... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 15, 2021

As a matter of practice, I advise every client desiring to file for bankruptcy relief to provide me with the names and addresses of anyone and everyone who has ever asserted a claim against my debtor, even a guy who cut across the yard and sprained his ankle in a hole in that yard. The reason is... View More

1 Answer | Asked in Bankruptcy, Contracts and Tax Law for Minnesota on
Q: is my money exempt from levy?

a levy was filed on my husband by a CC company in Dakota county. There was $2880.00 frozen in our account because of it. My husband is currently in the Feds at FCI Gilmer in WV. He has been there for over 1 year. The judgement is for debt that was incurred before we were married or even knew each... View More

Timothy Denison
Timothy Denison
answered on May 29, 2021

Open a. Ew account only in your name to protect yourself. If you can show that the money in this account that was seized came from your earnings, you should be able to recover it. You need to move fast as there are time limitations on filing such objections. I recommend you hire a lawyer to help... View More

2 Answers | Asked in Bankruptcy and Agricultural Law for Minnesota on
Q: I have filed a chapter 12 and have been working on a plan since February. The bank will not budge on what they want.

The bank wants 3 payments of 54000 with in 13 months of each other. That means I have to use 1 crop year to make 2 of those payments but it's not possible. What can I do about this? I have a lawyer hes been doing this since the 80s. This is what he told me and I'm just getting a second... View More

David Luther Woodward
David Luther Woodward
answered on Oct 17, 2020

Where's your lawyer?

He is the one who should be doing battle with the bank. Bank's don't cotton to customers, but they are somewhat fearful of good bankruptcy lawyers who will take them to the lick log.

No lawyer?

Find one!

Good Luck

d

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1 Answer | Asked in Bankruptcy for Minnesota on
Q: My ex spouse is ordered to pay my approximately $25,000 upon sale of her home as part of the marriage dissolution.

She has filed bankruptcy and listed me as a creditor. Can that obligation be eliminated by the bankruptcy court?

Timothy Denison
Timothy Denison
answered on May 27, 2020

It cannot be eliminated or discharged. You will still get your money.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Do you have to be Married to get a lien stripped? My mom and i have a home together.
Timothy Denison
Timothy Denison
answered on Apr 7, 2020

No. You do not have to be married.

2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: I am being sued for 2900 plus lawyers fees. I work 2 jobs and only make little money what are my options bankruptcy.

Lawyers are Messerli & Kramer PA i have to respond in 21 days I cant afford this and i am in debt for 20,000 i am in college and trying to change my life can you help me. What do i do now.

Marie Martin
Marie Martin
answered on Feb 7, 2020

I would strongly recommend meeting with me or another bankruptcy attorney asap to figure out whether filing for bankruptcy relief would be a good fit for you. Bring the complaint with you to discuss it.

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1 Answer | Asked in Bankruptcy for Minnesota on
Q: If want to file Chapter 12, but have $400,000 on hand with our name, a landlords name, and the bank's name on them.

and want to give it to the bank for paydown, will it count when figuring the total debt if we sign them over to the bank. The landlord would still need to sign off. Let them fight it out.

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

Chapter 12 is farmer reorganization. If filing a Chapter 12, they are very complicated. Consult a competent Chapter 12 attorney immediately.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: I received about $10,000 from an inheritance, but I spent it. How long do I have to wait before I can file Charpter 7.
Timothy Denison
Timothy Denison
answered on Oct 20, 2019

Depends on what you spent it on but a year is a good rule of thumb.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: I recently filed for Chapter 7 Bankrupty. Can I get married before it is discharged without effect to the outcome?

And if it does have an effect, will it harm my significant others credit or will my future spouses assets (car, home, etc) be brought into play?

Timothy Denison
Timothy Denison
answered on Oct 1, 2019

Yes. You can get married without effect.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: So I paid a contractor $14k, he stole my money and declared bk. He is now trying to dismiss his bk, what's that mean

He filed ch.7 and had the MN State Attorney file a judgement on him and his company. He filed for bk and now a year later is trying to dismiss it. Does that mean I'll get my money back or what can/should do?

Timothy Denison
Timothy Denison
answered on Sep 4, 2019

You should hire a bankruptcy attorney to file a proof of claim and possibly a nondischargeability complaint in the bankruptcy. If the bankruptcy is dismissed, then you can proceed against him for your money. If it is discharged, you cannot proceed against him. Hire a local bankruptcy attorney... View More

1 Answer | Asked in Bankruptcy, Contracts and Foreclosure for Minnesota on
Q: what are the consequences of just walking away from our motorhome payments we can no longer afford

recent repair bills ...we now owe.more than the value..we have lived full time in this since 2012

Timothy Denison
Timothy Denison
answered on Jul 6, 2019

They will sue you, get a judgment, and then pursue you til it is paid if you do nothing.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: I filed for bankruptcy and discharged in 2015, I'm told I can't get a equity loan because I'm not liable for the house?

Live in MN after the bankruptcy my house note was sold to another bank, I'm current with payments but is not being reported to the credit bureau beside not getting a home equity loan what else can I expect?

Timothy Denison
Timothy Denison
answered on May 24, 2019

You need to send them a copy of the reaffirmation agreement so you can establish ownership and then get an equity loan.

2 Answers | Asked in Bankruptcy for Minnesota on
Q: Waitng 4 lrg backpy chk from fvrble disab ruling. SSA in processing. Need 2 file 13 soon.

If it comes after filing, is it asset after the fact? How is it treated?

Cristina M. Lipan
Cristina M. Lipan
answered on May 2, 2019

Income from social security disability is exempt from creditors and wouldn't be included. You should speak to an attorney to determine whether a chapter 7 case would be more appropriate for you.

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1 Answer | Asked in Bankruptcy for Minnesota on
Q: I am on disability, can I file bankruptcy on some credit cards?

Last year I got I'll and had to spend from June until September in a nursing home. I am on disability but my insurance didn't cover the whole time I was there. I receive $750.00 a month and I had to pay them everything except $99.00 a month. I couldn't pay my credit card bills. I... View More

Timothy Denison
Timothy Denison
answered on Apr 11, 2019

Yes. You can file bankruptcy on the credit cards!

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