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In Minnesota, a spouse is liable for the medical and other necessary debts of their spouse, as long as they are living together at the time the debt is incurred, pursuant to Minn.Stat. § 519.05. This is regardless of whose name it is in. While hospitals will sometimes...
In a case arising out Minneapolis, the US Supreme Court declared last year that when a county seizes someone’s house due to non-payment of property taxes, then sells it at auction, any excess funds need to go back to the homeowner. This is because of the 5th...
The easy way to qualify financially for chapter 7 bankruptcy (i.e. without doing the means test) is by being under the median income. The census bureau has determined that the median income for these household sizes has changed as follows: One person household: (from...
A recent Star Tribune article indicates that Minnesotans have an average of $63,000 of debt per capita (which includes mortgages). As a bankruptcy attorney, we definitely saw a lull with all of the moratoriums on student loans, garnishment, foreclosures and evictions,...
Don't let the headline alarm you! We do mostly consumer bankruptcies, usually on a flat fee, and even though I put many hours into each case, most of our cases are less than $2500 fee for everything. This article indicates that in some major Chapter 11 cases, such as...
After many states, including Minnesota, imposed moratoria on foreclosures following the onset of the pandemic, combined with other federal programs pausing the need to make ongoing payments, foreclosures have started increasing. Foreclosures are still hardly seen,...
Like many states, Minnesota has a conciliation court, which is a user-friendly forum where disputes involving less than $15,000 can be resolved, most typically by a referee or judge. The case is typically done off the record, attorneys are typically not involved, and...
The Department of Education recently announced a successful first year of its new program, loosening the standards it uses in determining whether to oppose people seeking an “undue hardship” of their student loans, once they have filed for bankruptcy. The Biden...
A law that went into effect November 1st, requires hospitals to apply discounts, and inform patients of charity care, before sending unpaid bills off for collections. It seems intuitive that hospitals would be motivated to do this, if there is an easy way for them to...
A recent study commissioned by the State Bar association showed that smaller medical debts are more likely to be pursued than larger debts. The article goes on to surmise that because they are so small, people don't fight them, and that there is a disproportionate...