In a ruling issued August 28, 2014, the Eighth Circuit Court of Appeals followed the other seven federal appellate courts in permitting stripping of a wholly unsecured junior residential mortgage in a chapter 13 plan. Jamie and Keeley Schmidt owned a home valued at...
This means that your creditor has served a writ of execution on your bank, and unless the funds are Social Security, in which case the bank is permitted to disregard this pursuant to treasury regulations, the bank will put a freeze on your account, usually assess an...
This means that you have gotten to the end of the collection cycle, and the creditor has a judgment and wants to know what your assets are, including where you bank, and what your income is, including the name of your employer. This might come from the judgment...
June 26, 2014 Minnesota CLE Webcast In this presentation, two experienced attorney coaches, as well as individual and organizational clients, will describe the professional coaching process, when coaching has been used for success in law firms and companies, and how...
In a unanimous ruling, Clark v. Rameker, the United States Supreme Court ruled that an individual retirement account that the debtor inherited, as opposed to having contributed to it on their own, does not fit within the federal bankruptcy exemption scheme, and...
That’s a great question, but the better question is, how is your credit rating right now? As a general rule, if you currently have excellent credit but just too much debt, your credit score will probably drop to 600 or so after the bankruptcy. On the other hand, if...
In a May 28, 2014 ruling, Minnesota Federal District Court Judge Susan Nelson denied the appeal of bankruptcy petition preparer Ed Jonak, who does business under a variety of aliases, including American Law Center, 3rd Millennium Systems, Inc., Action Plan...
Question: I had a house foreclosed upon, I moved out at the end of the six month redemption, and then the mortgage company apparently evicted me. The foreclosure isn’t so bad on my record, but the eviction is making it hard for me to find a place to rent. What can I...
There are scammers out there who call people, claim that they owe on old debts, and then threaten to have them jailed if they don’t pay it. First, you need to know that you can’t go to jail for failing to pay a debt, even a payday loan. Second, under the Fair Debt...
May 8, 2014 Anoka County Bar Association Tim Theisen, a sole practitioner based in Anoka, MN presented on issues that arise frequently for clients facing financial distress. Mr. Theisen provided an overview of bankruptcy, current foreclosure trends, strategies for...