On Saturday, March 27, 2021 President Biden signed the COVID-19 Bankruptcy Relief Extension Act of 2021 into law. This bill extends for one year all of the bankruptcy-related provisions that were included in the CARES Act passed on March 27, 2020. These provisions...
When Legal Matters Become Personal
Bankruptcy
New Median Income Figures In Effect as of April 1, 2021
The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in bankruptcy cases filed after April 1, 2021. The median income is an important figure, as debtors below that figure are almost always assured a...
Is the new stimulus protected from creditors? Can it be protected in a bankruptcy?
The short answer is yes, the new federal stimulus is almost certainly protected from creditors outside of bankruptcy, or inside of bankruptcy. The reason I can only say “almost” certainly, has to do with a more complicated analysis of federal law versus state law, the...
Will my mortgage payments be reported on my credit report after bankruptcy?
When you file Chapter 7 bankruptcy, you need to declare your intentions on your secured debt, which is essentially that you are going to give it back, or keep it. If you are going to keep it, most people just continue making the payments, referred to as the retain...
I already filed bankruptcy, when can I file bankruptcy again?
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...
Why are bankruptcy filings down in 2020?
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%....
Biden supports Bankruptcy Reform
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...
Divorces increasing in light of COVID?
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...
Well Fargo mortgage putting homeowners into forbearance plan without their consent
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...
Minnesota State Bar Bankruptcy Section Consumer subcommittee on May 12, 2020
Tim will speak at a zoom CLE conference before the Minnesota State Bar Bankruptcy Section Consumer subcommittee on May 12 at 6:00 PM on the subject of chapter 13, including new trends on handling student loans, and new laws and policies in light of COVID.