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Minnesota Bankruptcy Questions & Answers

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 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... Read 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 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 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 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 have 4 to 6... Read more »

Timothy Denison answered on Apr 11, 2019

Yes. You can file bankruptcy on the credit cards!

1 Answer | Asked in Bankruptcy for Minnesota on

Q: Can I file a chapter 7 to stay an eviction after the sheriff's sale redemption period?

House sold at sheriffs sale. Redemption period is April 16th. Planning in filing chapter 7 April 15th. Trying to get till the end of the school year.

Timothy Denison answered on Mar 20, 2019

You can file it anytime you like, but You should file the 7 no later than April 15. That will easily get you to the end of the s hope year.

2 Answers | Asked in Bankruptcy for Minnesota on

Q: How do I respond to a summons Bankruptcy Rule 7012? Self employed and company working for filed bankruptcy.

Kevin M Rogers answered on Mar 2, 2019

Hi, well you haven’t quite given us enough information to answer, but I’ll do my best to assist. Federal Bankruptcy Rule 7012 tells you that what to do if you happen to be sued while in the umbrella of bankruptcy. Many different kinds of claims may be heard inside bankruptcy. If you get sued or... Read more »

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1 Answer | Asked in Bankruptcy for Minnesota on

Q: I have filed a chapter 13 as i want to keep my home. Lender wants me to sign a deed and lieu.

I took out a heloc from my bank, it became due and they sold my loan to a lawyer. I called him, and asked him what i needed to do to get my loan up to date. He said he would call me back with a number i could pay. I asked him If the amount due was the whole loan, he said no. 3 weeks went by... Read more »

Timothy Denison answered on Feb 1, 2019

Don’t sign the deed without discussing with your lawyer. You can put your arrearages into the plan and pay them off in two years. Find the money for your lawyer bc you can’t afford to lose your house.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: I sold my car shortly after filing. Was that ok?

I was informed my vehicle was going to be exempt (I have no other assets), and if I wanted to sell it to pay the attorney fees, I could. At the time I couldn’t sell it, so I asked if I could use their other method and if I sold the car after filing, if it was ok to pay it in early in the lump... Read more »

Timothy Denison answered on Jan 7, 2019

You probably are ok but you really needed the courts permission to sell after filing. As long as the value and equity is covered by your exemption, you should be ok Dutt do not sell any other property of the estate without authorization.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: Is it possible to get a $1600 payment to a creditor returned to us after filing a chapter 13 bankruptcy?

We filed a chapter 13 back on 10-15-18. Previous to this, we made a rather large payment to one of our creditors in the amount of $1600. The creditor is saying we can't get this payment back because of some bankruptcy code, however, our attorney told us as long as the payment was over $600 and made... Read more »

Timothy Denison answered on Dec 8, 2018

The Trustee will recover the payment as a preference but it will likely remain with the trustee unless the plan is 100% repayment.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: Hi I am wondering if I can file bankruptcy if I am a co signer on my sons bankruptcy his has been filed and discharge

He is currently in a payment agreement with his attorney

Timothy Denison answered on Oct 17, 2018

You should be able to, yes.

1 Answer | Asked in Bankruptcy and Foreclosure for Minnesota on

Q: Can I ask the trustee to include redemption amount for my house in chapt 13 bky so I can sell it because of equity in

My house was sold at a sheriff sale and the redemption period was almost up when I filed chapter 13 bankruptcy which gave me 60 additional days for redemption. I had several buyers but one signed a purchase agreement and was preapproved with a VA loan, however the VA or company selling the house... Read more »

Timothy Denison answered on Oct 7, 2018

Yes. But you should consult your own attorney before you do anything.

1 Answer | Asked in Bankruptcy and Divorce for Minnesota on

Q: In pre-trial, wife's divorce lawyer asked judge for me to pay for her legal fees.

Representing myself. Her lawyer wants me to pay for his fees, can he do that? Finally, can this be discharged in Chapter 7 Bankruptcy? Is it better during divorce or after divorce?

Timothy Denison answered on Sep 8, 2018

It’s better to discharge all debt before or during bankruptcy bc afterwRds, any debt to spouse is in the nature is a domestic support obligation and cannot likely be discharged.

1 Answer | Asked in Bankruptcy and Criminal Law for Minnesota on

Q: Does federal bankruptcy protect me from restitution payments if found guilty in MN of non pymt to subcontractors AFTER?

My construction company in MN fell behind (later to find due to an employee writing fraudulent checks) and was convicted of two counts of felony theft by swindle and one count of nonpayment to subcontractors. Prior to these convictions I filed bankruptcy and included both home owners and... Read more »

Timothy Denison answered on Aug 26, 2018

No. You still have to pay restitution if found guilty.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on

Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?

Husband charged up card in my name. No big deal til he quit paying. I cannot afford the huge payment. I want to file for divorce due to emotional,financial and verbal abuse. 3 kids stuck in the middle of this big mess. Summons showed up from the people who bought the debt. Tried to settle but they... Read more »

Timothy Denison answered on Aug 10, 2018

Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: I filed chapter 13 about a year ago and have to make about $650 payments a month. My pension was done in 2017. I am 52.

They are offering a one time option of cashing out. $100,000 or monthly payouts of $500. Or rollovers. If I take cash or monthly payments. Do I have to tell them?Will they find out? Do they get any of the money ?

Timothy Denison answered on Jul 23, 2018

You can probably protect it with your exemption. What percentage repayment is your plan?

1 Answer | Asked in Bankruptcy for Minnesota on

Q: $10,000 CC debt, 1.5 payments behind on mortgage. Can we file chapter 7 & keep House??

We fell behind on payments because I am trying to get our cc debt paid off, but then our loan payments and mortgage payments fall behind. We’re thinking about filing a Chapter 7, but we’re very worried we won’t be able to keep our house. We have a disabled child and need to stay in a stable... Read more »

Timothy Denison answered on Jun 28, 2018

Whether you can keep the house depends on many factor, including value, amount of mortgage, equity, etc. consult a local bankruptcy attorney who can assess your situation. Taxes more than 3 years old mayb dischatgeble.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: I am considering filing for Chapter 7 Bankruptcy and I have a question about being an Authorized User on my Mom's card.

Back in 2014 I opened up a card online thinking it was under my name, but I ended up only being an authorized user, where my Mom was the primary account holder.

She has never used the account, only I have. All the debt was my doing on the card. I have always made monthly payments on it,... Read more »

Nels Hansen answered on Aug 7, 2017

While you did not have personal liability on the card as an authorized user you should be fine if you can show that you incurred the charges. While you have to disclose payments made within 1 year before filing bankruptcy on account of a debt that benefited an insider, here you made the charges.... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on

Q: If I considering bankruptcy in MN but I have a lawsuit pending will I have to give those winnings up?

I want to buy a car with those lawsuit winnings (if I win) can I keep the car?

Nels Hansen answered on Feb 2, 2017

This question cannot be answered with the limited information available in your question. Contact a local bankruptcy attorney and schedule a consultation. A local bankruptcy attorney will be able to advise you on bankruptcy exemptions. In other words, the amount of property a person is able to... Read more »

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