Bankruptcy is not just for the indigent. Very typically what I see, are people who were chugging along doing fine, and then there's usually some sort of triggering event, whether it's an illness, accident, or injury, that causes them to lose their financial footing,...
When Legal Matters Become Personal
Chapter 7
Allina reverses policy denying medical care to patients with outstanding debt
A recent post explained the public outcry as it was learned that a big medical operation in the Twin Cities was denying care to people, even kids, who had unpaid medical debt. The Attorney General got involved to investigate whether this violated certain agreements...
Is debt settlement a better option than bankruptcy?
Many of my clients have already tried various debt relief programs before realizing they need to file for bankruptcy. While there may be a few programs that work on a nonprofit basis, most of these programs are destined to fail, as they are heavily front end loaded...
Can I be denied medical care for filing bankruptcy on medical bills?
Most large health institutions simply take it on the chin when you don't pay. They realize that if they stopped seeing their patients, then their patients will simply go to their competitors. While there is neither a law, nor an ethical rule, requiring that they...
Median income figures increase substantially
The Department of Justice recently adjusted the median income figures, which are effective in bankruptcy cases filed after May 15. 2023. The median income is an important figure, as debtors below that figure are almost always assured a chapter 7 discharge. For chapter...
Consumer Debt Hits Record High
A recent article noted that consumer credit card debt has spiked in the last two years, going from near all time lows to all time highs. Most people believe that this is due to the end of the pandemic stimulus payments, combined with inflationary pressures that have...
Supreme Court rules that fraud incurred by a partner makes a debt accepted from discharge
In a unanimous decision, the United States Supreme Court recently determined that the fraud exception from getting a discharge in bankruptcy, applies equally when the fraud was incurred by a debtor's former partner, and not the debtor itself. Debts that are...
What is the means test for filing for Chapter 7 bankruptcy?
Many people qualify for bankruptcy, but not every request for a discharge is approved and not everyone can utilize the same type of bankruptcy filing. Individuals who are seeking Chapter 7 relief, for example, are subjected to a means test. Only if they pass this test...
Liability for Spouse’s Debt in Minnesota
Minn.Stat section 519.05 provides: A spouse is not liable to a creditor for any debts of the other spouse. Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse,...
Credit Card Interest Rates Put the Squeeze on Borrowers
With increased inflation, usually comes increased interest rates. Those who can least afford it, particularly credit card borrowers and people with fixed incomes, are most vulnerable to these rate changes. A recent Washington Post article mentioned that with all of...