Minnesota Bankruptcy Attorney

Consumer and Small Business Bankruptcy In Minnesota   

     Thank you for visiting my website.  If you are a Minnesota resident or business owner and are looking for information about bankrutpcy, I can help.  I am an experienced bankruptcy attorney who has helped thousands of people file Chapter 7 and Chapter 13 cases. 

     My practice is limited to consumer and small business bankruptcy cases.  The majority of my clients live in the seven county Twin Cities metropolitan area, including Dakota, Scott, Rice, Hennepin, Ramsey, Washington, and Anoka.

     I know that filing bankruptcy is something you would rather not do. But due to circumstances that may have been beyond your control, it may now  be your best option to avoid creditor harrassment, lawsuits, wage garnishment, or home foreclosure.  By carefully evaluating your present financial and legal position, I can help you determine if bankruptcy is the right option to pursue in order to get a "fresh start."  I will also tell you if bankruptcy is not the right thing to do, and provide you with information about non-bankruptcy options, such as credit counseling and creditor workouts.

     As with all legal matters, you will want to choose your bankruptcy attorney carefully.  Bankruptcy law can be complex, and a successful case will require open communication and cooperation between you and your attorney.  You deserve an attorney who has considerable bankruptcy experience, especially with the new bankruptcy laws, and who will take the time to get to know you and your financial situation in detail.

      For a free bankruptcy evaluation by phone, call me at 952-894-1144.

What is Bankruptcy and How Can It Help Me?

     Briefly, bankruptcy is a set of federal laws that allows people ("debtors") to have some or all of their debts eliminated because they cannot afford to pay those debts as they become due.  Bankruptcy law encompasses both Chapter 7 (sometimes referrred to as "straight" bankruptcy) and Chapter 13, which will involves a full or partial repayment plan for debts under court supervision.  Bankruptcy is particularly effective in eliminating or restructuring unsecured debts, typically credit cards, medical bills, personal loans, and claims for repossessed vehicles.  Bankruptcy can also eliminate certain older income taxes.

     Bankruptcy will usually not eliminate student loans, recent income tax bills, child support and alimony obligations.  Also, most debts that arise from fraud, criminal acts and drunk driving accidents will not be wiped out.

     Secured debts, which for most people mean house and vehicle payments, must be paid on time if you do not wish to have them foreclosed or repossessed.

     Upon filing a bankruptcy case, you are protected from virtually all collection actions your creditors may wish to throw at you.  They can no longer call you at home or work.  They cannot start or continue a legal action against you without court permission.  They are also prohibited from repossessing vehicles and garnishing wages.  Your creditors will have to communicate with your attorney, not with you.  Once you have filed your case, all you tell them is to "Call my Lawyer."

           For answers to your bankruptcy questions, call 952-894-1144.

How To File a Bankruptcy Case

     STEP ONE:  Every bankruptcy case begins with a office consultation that typically will take 1 - 2 hours to complete.  The purpose of this meeting is to obtain from the clients the neccessary information to accurately and completely compile the Bankruptcy Petition, Schecules and Statement of Financial Affairs which will be filed with the court.  The consultation is also used to ascertain if bankruptcy is the proper remedy to your financial difficulties and to explore nonbankruptcy alternatives, if appropriate.  As your attorney, I will have to ask you a lot of questions during this meeting to make sure that bankruptcy is right for you, to identify all legal issues that would affect your bankruptcy filing and to provide the greatest amount of protection to your assets and property.

     To accurately evaluate your financial situation, you should bring the following documents with you to the consultation:

              1.  Copies of your state and federal tax returns for 2006 and 2007.

              2.  Copies of all payroll check stubs received in the past seven months.

              3.  Copies of your most recent mortgage and home equity loan 
                   statements.

              4.   Copies of your most recent vehicle loan statements, if any.

              5.   A complete list of all outstanding debts, including credit 
                    cards, medical bills, consumer loans, student loans,
                   and all other obligations.  Also, bring the last monthly 
                   statement for each account.

              6.  Any legal papers you may have received concerning a
                   past due debt, such as conciliation court papers or
                   summons and complaint.

                   
     STEP TWO:     Obtain a "Certificate of Counseling" from a counseling firm approved by the United States Trustee.  Typically, obtaining this certificate takes about 45 minutes and can be done by telephone or by internet.  I will provide you with detailed information on how to get this done.

     STEP THREE:     You will be asked to review your final bankruptcy papers for accuracy and completeness and sign them.  Your case will then be filed with the court and a case number assigned to it.

  
   STEP FOUR:     About a month after filing your case, you and your attorney will be required to attend the Meeting of Creditors.  At this meeting you will be asked by the trustee administering your case questions about the accuracy of your bankruptcy papers, your assets, your income, and other questions.  Your creditors may also attend and ask you certain questions, but they usually do not attend.  Typically, this meeting takes about five minutes.

     STEP FIVE:     After filing your case, you must complete a Personal Financial Management Course, which can be done by telephone or internet.

     STEP SIX:        After successfully completing the above steps, you will receive your Chapter 7 bankruptcy discharge from the bankruptcy court about 90 days after you filed your case.  In a Chapter 13 case, your discharge will be issued when you have made all plan payments.