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Minnesota Bankruptcy Questions & Answers
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
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
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
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
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
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
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 »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: I am newly married and my own debt is becoming a problem. What is the best way to find out what my options are?

I cannot remember exact time frame, but before we married I did a debt consolidation loan and am trying to pay that off... Almost 5 months into marriage and I have managed dig myself back to where I was before the loan.. I had great credit and now i am ruining it with late payments and such. I... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 26, 2015

You have asked this in the Bankruptcy forum which indicates that you are thinking about that. The best thing to do is to consult with a local bankruptcy attorney. Many probably offer free initial consultations. Chapter 7 bankruptcy might be an option for you, or you may be required to file a... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: How do I obtain a letter of dissolution from a bankruptcy i had from 14 years ago. I need some sort of proof.
Robert Jason De Groot
Robert Jason De Groot answered on Sep 25, 2015

What you must be referring to is known as a discharge. Go to the bankruptcy clerk for that.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: How much does it cost for bankruptcy

I got three summons and behind on bills and going to be kick out of my place to live

Kevin W. Chern Esq.
Kevin W. Chern Esq. answered on Sep 25, 2015

The filing fee for a Chapter 7 bankruptcy case is $335. Depending on your financial circumstances, you may be allowed to pay this fee in installments or receive a waiver. You will also be required to complete credit counseling before filing. The cost varies depending upon the provider, but is... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Ex seeking Chap 13. Owes me equity thru DD/P Note. If she pays me w/ proceeds from home sale can trustee sue 4 it back?

Our Divorce Decree from 10 years ago has my ex owing me 1/2 the equity in the home she lives , as assessed at that time, plus interest, which has come due this year. A few years ago, I let my ex do a refinance without having to pay me back, but in order for them to approve it, they wanted my lien... Read more »

Robert Gambrell
Robert Gambrell answered on Aug 16, 2015

If your ex files a chapter 13 case, the chapter 13 trustee does not pursue the collection of a preferential transfer. Instead, the chapter 13 debtor is required to pay the amount that a chapter 7 trustee would be able to pay unsecured creditors had she filed a chapter 7 case and the trustee sued... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: We are 17months behind on our mortgage. We are in banctruptcy chapter 13 and have exhausted all options repayment plans.

We are in chapter 13 banctruptcy and have exhausted all options through our lender. They want to get a petition to start foreclosure proceedings. Is there anyway to fight this? We make enough money to pay our mortgage and repay the payments we are behind on but not in a short period of time.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 11, 2015

Are you complying with the terms of your Chapter 13 Plan? In any case, the lender would first have to file, in bankruptcy court, a motion for relief from the automatic stay, and have the motion granted. Has this happened?

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Can my ex-husband's creditors come after the equity in my new home if he files Chapter 7 and there is joint debt?

My ex husband is responsible for half of the debt incurred during our marriage, however he is now threatening to file for Chapter 7. He has the ability to move the joint debt to a credit card in his name only, but is refusing. I am in the process of buying a new home and selling the home we held... Read more »

Kevin W. Chern Esq.
Kevin W. Chern Esq. answered on Jul 20, 2015

It sounds like there are two separate issues in play here. First, one spouse being ordered to pay joint debt in a divorce case generally does not relieve the other spouse of the obligation to pay that debt--the divorce court has no power to alter the terms of the contract with the original... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Can I get this removed from my credit report?

I filed bankruptcy in 2010 with my husband & they started the process, reported it to all of my credit cards and had all of the paperwork filled out. After we were about 3/4 way through the process my attorney informed me that my 7 year time frame wasn't up yet since my last bankruptcy.... Read more »

David B. Levin
David B. Levin answered on Jul 16, 2015

You initially say that you filed bankruptcy and then later say that it was "never filed and discharged," so the situation is a bit unclear. If no bankruptcy case is filed, there is no public record and thus should be no credit reporting. Sometimes, when a spouse files and there are joint... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Will I lose my wedding ring if we file bankruptcy?

We are considering bankruptcy because of high credit card balances we can't get out from under, but I am worried about my wedding ring. It cost about $2,000 when we got married 7 years ago, and I don't want to lose it.

Kevin W. Chern Esq.
Kevin W. Chern Esq. answered on Jun 11, 2015

It's the value of the ring today that counts, not how much it originally cost.

The Minnesota bankruptcy exemption for a wedding ring is up to $2,817.50 in value. In simplest terms, that means that a person filing for Chapter 7 bankruptcy may keep a wedding ring valued at up to...
Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: An inc. business owes me $8,000.00 in earned back wages. How do I find out if it has filed bankruptcy? Have court date.
Kristen Bullock
Kristen Bullock answered on Sep 18, 2014

Since you are a creditor, you should receive written notice that the business is filing bankruptcy.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: If a person files bankruptcy on a loan that has a co-signer, is the co-signer held responsible for payment of the loan?
Kristen Bullock
Kristen Bullock answered on Sep 18, 2014

Yes, the creditor can hold the co-signer responsible for the debt.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: If a judgment has been filed against a debtor prior to them filing bankruptcy - is the debtor required to pay that debt
Andrew Bresalier
Andrew Bresalier answered on Feb 3, 2014

A: A Bankruptcy discharges prepetition debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI. Unless there is unexempt property, usually a Creditor... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on
Q: What are the laws about signing title over with no lein holder can they sue me for what is owed if there is no legal
Andrew Bresalier
Andrew Bresalier answered on Feb 3, 2014

A: This can be viewed as a “Fraudulent Conveyance with the Intent to Defraud your Creditors”, unless you receive market value consideration and can show what you did with the funds. In a Bky a Trustee can consider the transfer void and proceed against the property and/or the new owner.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: How much of my 401K is exempt, filing chapter 7 ?
Andrew Bresalier
Andrew Bresalier answered on Feb 3, 2014

A: As long as you have merely placed funds in your 401K through the normal course of employment, it should be exempt 100%

1 Answer | Asked in Bankruptcy for Minnesota on
Q: How can I find out how many times an individual has file for bankruptcy?
Andrew Bresalier
Andrew Bresalier answered on Feb 3, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search.

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