I am Self-employed as an LLC. Do I need to file bankruptcy, individually, or a corporate bankruptcy, or both?

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…

Trump to Review Bankruptcy Options for Student Loans

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…

8th Circuit Hears Oral Arguments in Property Tax Refund Exemption Case

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…
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New IRS Collection Tool – Denying Passports

Effective this month, seriously delinquent taxpayers (defined as $51,000 or more to the IRS, where liens have been filed) may get their passports revoked or denied. This is the implementation of legislation that was passed in December 2016.…

Minnesota Bankruptcy Filings Increase

Minnesota Bankruptcy Filings Increase After six straight years of double-digit annual declines in bankruptcy filings, Minnesota Bankruptcy Filings of 2017 edged up slightly over 2016, with a 1.51% increase. Bankruptcy filings peaked…

New median income figures go into effect November 1, 2017

The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in bankruptcy case is filed after November 1, 2017. The median income is an important figure, as debtors below that figure…

Can I file bankruptcy on my association dues?

When you buy into a condominium or townhouse, you will be subject to an association, whose fees, bylaws and rules “run with the land.” By operation of the agreement itself, if you fail to pay the dues (or any additional amounts that are…

Debt resolution comparison chart

I don’t simply assume that anybody with debt issues needs or wants to file bankruptcy. In fact, some people shouldn’t file bankruptcy, or they want to try alternatives before filing. For those considering the advantages and disadvantages…

What are the downsides of filing bankruptcy?

The decision to file bankruptcy requires consideration of the pros and cons. My new debt resolution comparison chart is a good place to start when considering the alternatives, and whether bankruptcy is the best fit. There are certain negative…

My driver’s license has been suspended due to a judgment. How can I get it back?

Everybody knows that under Minnesota law, you need to have insurance on your car, and that driving without insurance can result in criminal citations. One of the remedies that not a lot of people understand, is that if you cause an accident…