Posts

Bankruptcy vs. Debt Settlement – Which is better?

https://www.youtube.com/watch?v=XEoETAnhoEc Almost everyone considering bankruptcy can and should consider debt settlement as a last ditch effort to avoid bankruptcy. Debt settlement can be preferable to bankruptcy in these types of circumstances: …

8th Circuit Rules Minnesota Property tax refunds are not exempt under state law

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…

Dayton signs Health Savings Account exemption bill into law

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…
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Keeping your house (or car) in bankruptcy (Video)

https://www.youtube.com/watch?v=S8bsZuJ-Mts 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,…

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…

6 Things NOT To Do When Considering Bankruptcy

My last blog post suggested five things to do when considering bankruptcy; I wanted to start out being positive, and the things not to do are probably more important. The first three tips concern keeping your family out of your finances.…

Property Tax Exemption Issue Going to the 8th Circuit Court of Appeals

As expected, the Bankruptcy Appellate Panel (BAP) has followed its own precedent in determining property tax exemptions are not exempt as "government assistance based on need," and I am appealing the issue to the 8th Circuit Court of Appeals.…

BAP Takes Property Tax Exemption Case Under Advisement

The 8th Circuit Bankruptcy Appellate Panel (BAP) heard oral arguments in the case of In re Sheri Hanson last week. I represent debtor Sheri Hanson, who is trying to claim an exemption to protect a $1,500 property tax refund, which the State…