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...
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...
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...
The Governor recently rescinded the Order made last May, which had precluded wage garnishment and bank levies. Garnishment of wages and levy of bank accounts may now take place in Minnesota, as long as the judgment was entered prior to May 4, 2020. The state...
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...
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%....
The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in bankruptcy cases filed after November 1, 2020. The median income is an important figure, as debtors below that figure are almost always assured a...
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...
Thirty years ago yesterday, having just passed the bar (on the first try), upon motion by my Aunt Veronica, I was admitted to practice of law by the MN Supreme Court. It’s been my privilege and honor to help Minnesotans every since then.
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...