The Governor recently rescinded the Order made last May, which had precluded wage garnishment and bank levies. Garnishment of wages and levy of bank accounts may now take place in Minnesota, as long as the judgment was entered prior to May 4, 2020. The state moratorium on evictions, and federal suspensions of foreclosures of most […]
You need to wait eight years from the filing date of a prior Chapter 7, in order to file another Chapter 7 and get a discharge. If it’s been less than eight years, but at least four years, you can file a chapter 13, and get a discharge. My “over/under,” where I advise people with […]
With record shattering unemployment due to the pandemic, a lot of people are surprised that 2020 bankruptcy filings to-date are down 30% from 2019; that figure includes commercial filings, and for individual bankruptcies, the numbers have decreased by at least 40%. For most of the 2010’s, bankruptcy filings have been around 750,000, and will likely […]
The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in bankruptcy cases filed after November 1, 2020. The median income is an important figure, as debtors below that figure are almost always assured a chapter 7 discharge. For chapter 13 debtors, being under the median is helpful as […]
A recent article in the Washington Post pointed out that Joe Biden was one of the Democrats to cross party lines and help pass the Bankruptcy Reform Act in 2005. He now regrets that, and supports Elizabeth Warren’s plan to revise the bankruptcy system. I would just like to reality check, from my perspective, some of the claims. The […]
Thirty years ago yesterday, having just passed the bar (on the first try), upon motion by my Aunt Veronica, I was admitted to practice of law by the MN Supreme Court. It’s been my privilege and honor to help Minnesotans every since then.
A recent Star Tribune article indicates that divorce-related internet searches are up since COVID started in March. While it’s not based on actual filing data (and in MN, many divorces aren’t filed until well after they are served or negotiated), it seems to echo the anecdotal evidence by many of my colleagues. It hypothesizes that even though quarantining may […]
A recent article pointed out a disturbing trend, whereby Wells Fargo Mortgage has told homeowners, who are in a chapter 13 bankruptcy plan, that they are in a forbearance plan. This has happened to several homeowners, none of whom had requested it, even though Wells Fargo claimed that the homeowner requested it. The CARES Act, […]
In a bankruptcy case, you don’t actually go to court, but there is a necessary appearance with the trustee called a meeting of creditors, which traditionally has been held at the courthouse. These have been getting done by phone conference (or video conference for chapter 13 cases) since April. The original target date to revert […]
