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The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in a bankruptcy case is filed after November 1, 2018. The median income is an important figure, as debtors below that figure are almost always assured a...
The 8th Circuit Court of Appeals just released it opinion in Seaver v. Hanson, determining that state property tax refunds are not government assistance based on need. The prior caselaw on the subject at the BAP level, Manty v. Johnson, had relied on the Hardy case...
Reaffirming debts is something that is rarely done in bankruptcy, and almost never needs to be done. Reaffirming should not be confused with simply voluntarily continuing to pay discharged debt, which is what most people do on their secured obligations. That topic was...
Governor Dayton just signed into law HF 2391 which provides an exemption for Health Savings Account. In bankruptcy, debtors can choose whether to protect their assets under state law or federal law. Federal law permits a miscellaneous exemption of up to $13,000, which...
Sometimes people wonder “Do I actually have to file on my house (or my car)?” And the answer is, well, yes, but basically you just gotta keep making the payments. And the way to visualize this, is that before you file bankruptcy, it’s a three way relationship. There’s...
The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in bankruptcy cases filed after April 1, 2018. The median income is an important figure, as debtors below that figure are almost always assured a...
In honor of the sacrifice that service members do for this country, I have decided to give all current and veteran military members a 15% discount on my fees. Just this week, I had four new clients who qualified for this discount. They came in, unaware that I was...
A frequently asked question indeed, particularly for self-employed people who are incorporated (i.e. as an LLC or S Corp, etc.) and the business is failing. (If you have a very large operation and want to shed corporate debt, and keep the business going, a chapter 11...
Yesterday the Trump administration said it is going to take a new look at how the government interprets the virtually-impossible-to-attain “undue hardship” standard for discharging student loans in bankruptcy. Where this all goes, and whether it will apply to people...
I had the privilege to argue before the Eighth Circuit Court of Appeals on Tuesday. The issue was whether a Minnesota property tax refund is exempt under Minnesota law as “government assistance based on need.” A Minnesota property tax refund is limited to people whose...