Posts

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Filing Fees for Removing State Court Judgments After a Bankruptcy Changed Back to Five Dollars

One of the bills that did get passed by the 2015 regular legislative session, is correcting a somewhat controversial fee-grabbing stunt by the state court administrator, returning the status quo for post-bankruptcy state court judgment release. After…

The Perils of Trying to File Bankruptcy While Supporting an Adult Child in College

As I have explained to clients many times before, there is sort of a hierarchy in bankruptcy. Your minor children come first, your creditors come second, and your adult kids come third. If you have been supporting an adult child, for instance…
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Will my debts come off my credit report after bankruptcy?

After your bankruptcy discharge goes through, your creditors may still appear on your credit report, although sometimes they come off of your credit report or weren’t on there in the first place. And they will go away once they are 10 years…
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Median Income Figures for Bankruptcy Means Test Increased

The United States Trustee just announced that effective November 1, the median income figures will increase. The median income is the figure that half of the people with that household size are above it, and half are below. Debtors who are below…
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A Creditor has sued me, I answered and disputed, and nothing has happened.

This is a situation which happens with surprising frequency. Many collection law firms are merely retained by collection agencies for the purpose of collecting low hanging fruit, and when a debtor requests their day in court by serving an answer,…

U.S. Supreme Court determines that inherited IRA’s are not exempt in bankruptcy

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…
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How will bankruptcy affect my credit rating?

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.…
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Judge Nelson affirms injunction of Bankruptcy Petition Preparer Ed Jonak

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,…
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Can Creditors Seize My Tax Refund?

No. Private creditors cannot seize a federal tax refund, even if they have a judgment against you. The only creditors who can go after your tax refund are the IRS, student loans, certain other debts owed to the government, and child support.…

Can I file bankruptcy without my husband/wife, or do both spouses need to file bankruptcy?

A married person can file bankruptcy either jointly with their spouse, or individually without their spouse. Each spouse has their own credit history, and one spouse's bankruptcy will not affect the other's credit report, although there may…