Behm Law Group, Bankruptcy Attorneys

Bankruptcy News & Recent Cases

How Businesses Filing Bankruptcy in Fairmont, MN, Affect Local Creditors

April 25th, 2019 · No Comments

Our economy is a complex system that affects even simple business formats. Businesses of all shapes and sizes can thrive or fail depending on a wide variety of economic circumstances. When economic factors cause financial changes to a business, they have consequences for everyone involved, including owners, investors, customers, and employees. Failing businesses often have the greatest consequences to all parties involved in them, in addition to consequences to the economy as a whole. If you find yourself affected by a business filing bankruptcy in Fairmont, MN, Behm Law Group Ltd. offers guidance and counsel for those filing for Chapter 7, Chapter 13, and Chapter 12 cases.

 

If you are considering filing for a business bankruptcy, Behm attorneys can represent and support you throughout the case. However, we believe it’s important for all involved to understand how the prospect of a business bankruptcy will affect them. One recent example of how a business bankruptcy negatively affected parties involved more dramatically than the typical bankruptcy is the case of Colleen’s Consignment Stores in Las Vegas, NV.

 

In this case, the owner of the business may have created more detriment to creditors than would have been necessary. As small furniture consignment shop, Colleen’s Consignment Stores bought used furniture for resale. The company did not pay for the furniture bought from sellers within the weeks leading up to the company’s bankruptcy filing, and so those sellers became involved in the case as creditors.

 

The nature of this case caused much backlash from those who were involved unexpectedly as creditors and for the employees of the company who were given no warning of the bankruptcy. Some creditors were unaware of the bankruptcy until they were called to the required meeting of the creditors. Many were unsettled by the fact that their goods may be sold during the liquidation process and many were upset about the fact that the company bought furniture while potentially considering filing for bankruptcy.

 

In a nutshell, the effects of this bankruptcy case on the creditors were the following:

 

  1. An automatic stay was placed on their ability to collect payment for their furniture.
  2. They had to submit a proof of claim to retain any chance of receiving payment for their goods.
  3. Their goods would likely be sold in the liquidation process and they would not receive payment.
  4. They had to attend a meeting of creditors and sacrifice additional business and personal time throughout the case resolution.

 

Overall, this bankruptcy case had a less-than-favorable outcome for many creditors and employees involved with the consignment shop. However, this is an exception to the many bankruptcy cases that provide positive results for all parties involved. Bankruptcy is often an effective way to resolve debts for the filer and to provide some form of recompense for the creditors.

 

With the help of Behm Law Group, you can file a bankruptcy case that will steer away from issues such as those in the consignment store case and offer better results for all involved. To learn more about filing bankruptcy in Fairmont, MN, contact us today at (507) 387-7200.

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How to Handle Becoming a Creditor Involved in a Chapter 7 Bankruptcy in Owatonna, MN

April 11th, 2019 · No Comments

As a firm of bankruptcy attorneys, Behm Law Group, Ltd. is often most concerned with how a bankruptcy case affects and works out for the people and businesses filing it. However, we believe it’s important to provide information for everyone involved in the case if they’re unfamiliar with the process in any way.

 

There’s an unfortunate standard of thinking in bankruptcy that there are two sides of a battle with the creditors on one side and the filers on the other, while the bankruptcy trustee oversees the fight. The truth is that everyone is in it together, and a bankruptcy process is designed to provide as fair a treatment as possible for all those involved. If you’ve found yourself involved in a Chapter 7 bankruptcy in Owatonna, MN in any capacity, Behm Law Group, Ltd. can provide the advice and guidance you need.

 

Creditors of anyone who has filed for bankruptcy know that the process is a difficult one for each and every lender who is now facing the possibility that they won’t be repaid in full. In more cases than not, a bankruptcy has several creditors who don’t typically provide loans and may not know what to do when their lendee can’t repay a debt.

 

Suddenly a Creditor

The creditors that have the hardest time handling a bankruptcy case are those who’ve never dealt with this situation or given a loan before, such as:

  1. Friends and family who have given the bankruptcy filer a personal loan.
  2. Customers who have prepaid for a service from a business that is now going bankrupt.
  3. Customers who are financing a product (a car, for example) and the provider has gone bankrupt.
  4. Companies with services/products given to any party on Net 10, 15, 30, or 60 terms.

If you’re listed as a creditor in a bankruptcy case, there are certain actions you must take if you want debt repayment in any capacity. If you’ve received a “Notice of Bankruptcy Filing” and are listed as a creditor, you may have to file a proof of claim to avoid losing any chance of repayment. Filing a claim is simple, but requires specific documentation. To accurately file a claim, you must fill out U.S. Bankruptcy Court forms included in a Proof of Claim. While your repayment might not be in full, you’re entitled to some debt accommodation or repayment as a creditor.

 

If you’re caught up unexpectedly in a Chapter 7 bankruptcy in Owatonna, MN as a creditor or considering filing for bankruptcy as an individual or business, Behm Law Group, Ltd. can help. Contact us at (507) 387-7200 to learn more today.

 

 

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Navigating through Bankruptcy Delays with the Help of a Bankruptcy Attorney in Marshall, MN

April 3rd, 2019 · No Comments

Bankruptcy can be a highly effective way to find the financial relief you need for long-term stability. It can also be one of the most emotionally difficult legal processes you ever go through. Because bankruptcy is such a legally-nuanced process, it can be one of the most trying court-administered procedures for individual consumers to face—especially if they choose to start a case without the help of a knowledgeable bankruptcy attorney. If you are struggling to meet debt payments, but are hesitating to take the leap into filing for bankruptcy for fear of the difficulty and emotional toll it may take, it may be time for you to seriously think about how a lawyer can help. Behm Law Group Ltd. provides the legal counsel, advice, and comprehensive guidance you need from a bankruptcy attorney in Marshall, MN, and the surrounding area if you plan to file.

Whether you choose (and qualify for) Chapter 7 liquidation bankruptcy or decide to restructure your debts into a three- to five-year repayment plan with Chapter 13 bankruptcy, Behm attorneys can navigate each step of the process as well as advise you on the best bankruptcy choice before you even have to make a decision. When you enter a bankruptcy case, lots of information is thrown your way. While this can be overwhelming, our bankruptcy attorneys are here to tell you what everything means and how to proceed.

One part of bankruptcy many past filers have found difficult to work through is the occasional delay the court may have to pause action on your case.

 

Delays

Bankruptcy case delays occur for a number of reasons, some of which may be your responsibility and some of which may not. While there are many types of delays to a case that can occur out of unusual circumstances, the most common types of delays include:

  1. Missing information: If you have information the court needs that is not a part of a standard petition, your case may be put on delay while you gather the necessary documents and during the court’s review of them.
  2. Creditors’ requests for information: If creditors request information about your case, the court may put a pause on the proceedings until the creditors are informed in full.
  3. Creditors’ claims: Sometimes, creditors may have grounds to claim an asset is their property or that their debt is non-dischargeable. This may occur for a wide range of reasons, but if it does, it’s incredibly important to have the protection and assistance of a bankruptcy attorney.
  4. Your income: If you have initially filed for Chapter 7 and your income changes before you start your case (with a new job, for example), the court may delay your case while it decides whether you qualify for a Chapter 13 bankruptcy.

 

If you are considering filing for bankruptcy, don’t underestimate the necessity of a bankruptcy attorney in Marshall, MN, and the surrounding area. Contact Behm Law Group Ltd. at (507) 387-7200 to learn more today.

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Secured Tax Debt and Filing for Bankruptcy in Worthington, MN

April 1st, 2019 · No Comments

Around this time of year, we all take a look at our past 12 months of finances. Filing taxes forces us to recount our incomes, debts, and overall monetary matters. On top of all our typical credit card debts, medical bills, car loans, and other debts, we can all be susceptible to tax debts.

 

If you’re struggling to pay tax debts in addition to meeting your other debt obligations, it might be time to look at debt relief options. When the point comes where your debts are severely affecting your quality of life, it’s important to take positive action to find balance for your finances. With the help of Behm Law Group, Ltd., you can gain the many advantages that debt relief through filing for bankruptcy in Worthington, MN provides.

 

Filing for bankruptcy can help you resolve many types of debt in two ways: discharge or reorganization. If you file for Chapter 7 bankruptcy, the majority of your debts will be discharged and you can claim exemption amounts to protect your property from liquidation. With a steadier income, you can choose to file for Chapter 13 bankruptcy and have your debts reorganized into a repayment plan limited to three to five years, and some of your debts will be discharged at 0-100%.

 

While many debts are discharged and reorganized in the process of bankruptcy, there are some priority debts that are exempt from all types of bankruptcy cases. For many, this includes tax debts. Some tax debts can be discharged in Chapter 7 bankruptcy or included in a repayment plan under Chapter 13.

 

Though some tax debts are not discharged through the bankruptcy process, there are other tax debts that can be treated in bankruptcy, including income tax debts secured by the government. Put simply, secured tax debts are debts that the IRS has placed a lien on your property to protect their right to repayment. This typically occurs when a debt has been left unpaid for an extended period or when the government foresees your inability to pay a tax debt.

 

Liens on tax debts turn into levies when collection action is taken. You can prevent collection action by filing for bankruptcy and getting an automatic stay placed on all creditor action – including the IRS. Additionally, you may be able to completely dissolve the lien and the debt in your bankruptcy case. In fact, most secured tax debts that qualify for the bankruptcy process can be resolved with the best outcome for you.

 

Understanding the difference between priority and non-priority tax debts is important for all bankruptcy cases that involve tax debts in any capacity. If you suspect or know for sure your tax debt is considered a secured debt by the IRS, contact Behm Law Group, Ltd. at (507) 387-7200 to learn more about its treatment in bankruptcy. If you’re ready to start filing for bankruptcy in Worthington, MN today, the advice and assistance of Behm attorneys is important to building a successful case.

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Understanding More about Debt Cramdown with Chapter 13 Bankruptcy in Fairmont, MN

February 15th, 2019 · No Comments

A common misconception about bankruptcy is that filers will lose all their property in the process. This could not be further from the truth. While there are some  Chapter 7 bankruptcy cases in which assets are liquidated, there are many more occasions when filers can claim exemptions to protect their property from liquidation. Additionally, the process of Chapter 13 bankruptcy works to restructure filers’ debts into a repayment plan suited to their income without bringing liquidation into question. If you are considering filing for Chapter 13 bankruptcy in Fairmont, MN, Behm Law Group, Ltd. offers counsel and protection from start to finish to help you get the most out of your case.

 

One aspect our bankruptcy attorneys work to promote in certain cases is helping filers successfully petition for debt cramdown. When you owe more debt on a property than the value of that property, you are considered to be “upside down” on that debt. If this is the case, you are eligible for debt cramdown in certain circumstances.

 

How It Works

 

Cramdown is a process available for several types of secured debts, but because of the fast depreciation of vehicles, cramdowns are applied mostly to auto loans. If your debt is upside down, you can use a cramdown to reduce the debt amount. For example: You took out an auto loan of $15,000 to finance a car of the same value, and you repaid $3,000 of that loan over the course of three years. After those three years passed, your car’s value decreased to $10,000. However, you still owe $12,000 on your auto loan.

 

When you file for Chapter 13 bankruptcy and request a cramdown, the repayment plan will include only the current value of your car as secured debt. In this example, you would have the $10,000 value of your car loan rolled into your plan as secured debt, while the remaining $2,000 you would pay outside of bankruptcy is rolled into your plan as unsecured debt. This cramdown process may not eliminate all of your debt, but because Chapter 13 plans don’t often require you to repay unsecured debt in full, you can significantly decrease the debt you pay in the end.

 

Additionally, most cramdowns allow you to reduce your interest rates on the remainder of the secured debt included in your plan. Auto loans that qualify for cramdown must also have been taken out more than 910 days before you file for bankruptcy.

 Find Professional Help when Filing for Chapter 13 Bankruptcy

If you’re considering filing for Chapter 13 bankruptcy in Fairmont, MN, and think you may be eligible for a cramdown, Behm Law Group Ltd. can offer you advice and assistance in the process. Contact us at (507) 387-7200 to learn more or to get started on your petition today.

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How to Use Your Tax Refund While Filing for Bankruptcy in Redwood Falls, MN

February 13th, 2019 · No Comments

As tax season approaches, everyone filing has to take time to look at their finances in more detail than usual. For many individuals and businesses, a financial overview may show just how much they are struggling with the weight of debt. For those with too much debt than they know what to do with, tax season may be the perfect time to consider a long-term solution. At Behm Law Group, Ltd., we’ve found that there are many cases where tax season was the most effective time for those considering filing for bankruptcy in Redwood Falls, MN to take the next step forward.

 

Whether you have credit card debt, mortgages, or most other forms of debt, filing for bankruptcy can act as a recovery system that helps you resolve those debts under government protection. For most with a steady income that overbalances their debt-to-income ratio, the process of Chapter 13 bankruptcy is the most effective as it restructures your debts into a three- to five-year repayment plan suited to your own financial situation.

 

Because of the demand that a Chapter 13 plan puts on all your disposable income, you will most likely have to forfeit some of your yearly tax refunds you receive to your trustee for the repayment of your unsecured debts. While your trustee may allot some of that refund for you to spend or save, you will not be able to retain all of it.  To get the most use out of your tax refund if you plan to file for bankruptcy, you should plan to use it before you file your petition.

 

If you use your tax refund prior to filing for bankruptcy, you will have to spend it all or you may have to surrender some of your tax refund to the trustee. To get full use of your refund without being at fault when the time comes to file, you should expect to only use the refund for:

 

  • food and prescription medicine
  • mortgage or rent
  • home maintenance and repairs
  • utilities
  • education costs
  • clothing
  • insurance
  • medical or dental costs
  • car payments, repairs, and maintenance
  • homeowners association fees

 

The best use of your tax refund if you plan on filing for bankruptcy is for it to go to these expenses. When you use your refund for these purposes, it’s also critical to keep accurate and legitimate records of all your spending. With the help of a Behm attorney, you can record and collect necessary information and documents that will fully demonstrate your use of your tax refund for these expenses rather than other debt payments. Your trustee will most likely require a tax return for the year prior to and the year you file for bankruptcy on top of the additional bankruptcy petition documents.

 Find Professional Help When Filing for Bankruptcy

To learn more about how to use your tax refund before filing for bankruptcy in Redwood Falls, MN, contact Behm Law Group, Ltd. at (507) 387-7200 today.

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Handling Consumer Debts Gained after You File Your Petition for Chapter 13 Bankruptcy in St. Peter, MN

February 9th, 2019 · No Comments

With the decline that our economy has seen over the past six months, it’s not surprising that many individuals and businesses have had to take on more debt or have had difficulties meeting their debt payments. If you have been struggling to make monthly ends meet, and have been for some time, it may be beneficial for you to consider the debt relief filing for bankruptcy can provide. For those with stable incomes who want to retain their properties, Chapter 13 bankruptcy is a valuable option. Behm Law Group, Ltd., provides legal advice and assistance for individual consumers and business owners who want to take full advantage of filing for Chapter 13 bankruptcy in St. Peter, MN.

Because Chapter 13 bankruptcy works as a reorganization process, it restructures your debts into a repayment plan with scheduled monthly payments lasting three to five years. This repayment plan is designed to fit your budget and can effectively resolve the majority of your debts without you having to lose any of your property.

Although Chapter 13 bankruptcy is supposed to fit your financial circumstances while allowing you to operate on a daily basis, it can make your spending limitations extremely tight. Sometimes it may be necessary to incur even more debt during the three to five years you spend within a Chapter 13 plan. Fortunately, it’s possible you can roll these new debts into your current repayment plan, allowing for a more manageable structure in the payment of all your debts together.

 

Post-Petition Debt Types

The debts you are allowed to incur while in a Chapter 13 plan that won’t force your case to be dismissed are tax debts and consumer debts.

  • Tax debts may be treated as priority debts (and must be repaid in full) if your creditors petition for priority claim status.
  • Consumer debts are only allowed as post-petition spending if you receive court approval. The court often approves post-petition debts if they are incurred on behalf of your household well-being (not for your business).

If you fail to get court approval to incur a post-petition debt, you will be required to pay it outside of your Chapter 13 repayment plan. If you do get court approval, however, you can later request to have the debt rolled into your repayment plan as a priority, secured, or unsecured debt depending on the type of agreement between you and the creditor. To have the debt included in your plan, your creditor and trustee must each accept your request, and your creditor must submit a proof of claim and a statement of agreement.

 

If you are considering filing for Chapter 13 bankruptcy in St. Peter, MN, and want to learn more about post-petition debts or how a repayment plan is structured, contact Behm Law Group, Ltd., at (507) 387-7200 today.

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Resolving a No-Asset Case with Chapter 7 Bankruptcy in Worthington, MN

January 30th, 2019 · No Comments

If you own a car or house, you are like most other U.S. citizens in the fact that you possess an asset. Additionally, your property may be like most others if it’s tied to a loan agreement. Because of the high cost of housing and vehicles as well as many other necessary or luxury properties, financing agreements are quite common, and there are a range of ways you can enter into these agreements. While loans are very useful for you to acquire what you need in your daily life, they can also pose problems if you are unable to repay your debts. Behm Law Group, Ltd., can help you recover from burdensome debts and protect your property from liquidation by filing for Chapter 7 bankruptcy in Worthington, MN.

 

Filing for Chapter 7 bankruptcy may seem drastic, but in the long term, it can actually be one of the most effective ways to recover from onerous debts that you could struggle with for much longer if you didn’t file for bankruptcy. Though there are compromises you have to face in the process of filing for bankruptcy, the overall advantages can greatly outweigh the disadvantages.

 

Chapter 7 bankruptcy is a legal process through which your non-exempt assets (properties) are liquidated (sold). The money from the liquidation/sale process is then distributed by the chapter 7 trustee administering your case to repay some dividend to your creditors (lenders), and in return, your debts are discharged (dissolved). However, because the U.S. Bankruptcy Court does not want to leave people who file for Chapter 7 bankruptcy destitute and unable to reorganize and contribute to the national economy, it allows filers to claim exemptions on their properties.

 

These exemptions protect certain values or equitable interests as to your properties, from your home to your car to some luxury items. Because of the allowances your claims to exemptions provide, most Chapter 7 individual consumer cases are considered “no-asset” cases because the bankruptcy exemptions are typically sufficient to protect any values or equitable interests that you have in those assets.

 

No-Asset Cases

While there are technically assets involved in virtually every Chapter 7 bankruptcy case, your trustee and the court take the exemptions you claim into consideration when determining a no-asset case. Simply put, if your claimed exemptions don’t allow the liquidation of major asset values, your trustee will not pay your creditors anything.

 

This means your trustee won’t get paid any additional amounts from your case beyond his or her typical per case fee of $60.00. It’s similar to the situation of salespeople who are paid commission on top of base wages when they make a sale. If they don’t make a sale, they aren’t paid any extra commission wages.

 

Your trustee may also consider your case to be no-asset if the majority of your properties are exempt from the bankruptcy process. From the perspective of bankruptcy filers, a no-asset case usually bodes well because they will be able to protect their property from liquidation.

 

If you are considering filing for Chapter 7 bankruptcy in Worthington, MN, and want to learn more about exemptions, assets, and liquidation, contact Behm Law Group, Ltd., today at (507) 387-7200.

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Federal Exemptions and Non-Bankruptcy Exemptions Outlined within Bankruptcy Code in Owatonna, MN

January 18th, 2019 · No Comments

If you are struggling with overwhelming debt as an individual or business owner, filing for Chapter 7 bankruptcy may be the best way to resolve those debts in a government-approved legal process. Chapter 7 is the most frequent type of bankruptcy for both individuals and businesses with extreme debts and low incomes. If you choose to file for Chapter 7 bankruptcy, you can free yourself from a wide range of financial obligations, including anything from credit card debt to past-due medical bills. Behm Law Group, Ltd., offers legal advice and guidance to help you work through the process of filing and to help you understand the workings of bankruptcy code in Owatonna, MN.

Basic information to know about Chapter 7

 

  • To qualify for Chapter 7 bankruptcy, you must pass the Means Test (your income must be lower than the state median for a household of your size or be unbalanced by your debt ratio)
  • Chapter 7 bankruptcy code outlines the process of liquidation of assets (selling properties to gain a value that is used to repay your creditors) in exchange for debt discharge (dissolving the debts tied to the properties sold).
  • Chapter 7 bankruptcy code also provides some protection for your properties in the form of exemptions (exemptions allot certain amounts you can claim on your home, car, and other properties that protect them from liquidation)

 

Exemption amounts are determined by federal and state bankruptcy laws, and in Minnesota, you can request state or federal bankruptcy exemptions. If you file for federal bankruptcy exemptions, you can claim Title 11 U.S. government allotted amounts (e.g., you can claim $23,675 on your home as of 2018). If you file for state exemptions, you can claim Minnesota Statute allotted amounts (e.g., $390,000 for your home as of 2018).

In some cases, it will be more beneficial for filers to choose state exemptions because they will typically have more wiggle room and because they can claim additional federal non-bankruptcy exemptions.

Federal non-bankruptcy exemptions cover a wide range of miscellaneous assets you may want to protect in a Chapter 7 liquidation process. These include:

 

  • retirement benefits for military, civil, and foreign service, and pensions for veterans, social security, railroad workers, CIA employees, and Medal of Honor recipients
  • death and disability benefits for government employees, longshoremen, and harbor workers as well as war, hazard, death, or risk compensation
  • survivor’s benefits for military, court, and lighthouse workers
  • miscellaneous benefits ranging from military deposits to savings accounts to certain Native American tribe homesteads

 

When it comes to filing for Chapter 7 bankruptcy, it can be difficult to navigate through the exemption claiming process and the bankruptcy code as a whole. Contact Behm Law Group, Ltd., at (507) 387-7200 today to learn more about the filing process and bankruptcy code in Owatonna, MN.

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Understanding Adversary Proceedings and How to Work Through Them with the Help of a Bankruptcy Lawyer in Mankato, MN

January 2nd, 2019 · No Comments

When you take on a loan agreement of any kind, you’re responsible for repaying that debt for as long as you’re able to meet monthly debt payments without detriment to your wellbeing or the wellbeing of the members of your household. In the event you’re unable to keep making debt payments, you have several options for negotiating around this difficulty, one of which is to enter into the legal process of bankruptcy. If you find you’re having difficulties meeting debt payments from month-to-month, Behm Law Group, Ltd. offers the assistance and counsel of a knowledgeable, experienced bankruptcy lawyer in Mankato, MN.

 

If you choose to file for bankruptcy, you’re entering into a legal proceeding that’s designed to provide a fair outcome for all parties involved. No matter what type of bankruptcy you file for, the parties involved include you as the debtor, your creditors, and the bankruptcy trustee who is assigned by the U.S. Bankruptcy Court to oversee and administer your bankruptcy case and who is, essentially, a fiduciary or advocate for your creditors.

 

Your bankruptcy trustee may oversee the administration of your case, but each party still has a role in determining the outcome. Part of this outcome relies on whether there are adversary proceedings involved in your case.

 

What are adversary proceedings?

 

In a nutshell, an adversary proceeding is a complaint from one of the parties involved in your case that is issued as an official file to the court. It is a separate and distinct legal proceeding from the bankruptcy filing itself.  This filing can come from you, one of your creditors, or your bankruptcy trustee, and it can be a result of a number of aspects of your case.

When do they happen?

 

Adversary proceedings can be filed for a wide range of complaints about your bankruptcy case. Common complaints filed as adversary proceedings include:

 

  1. A creditor claims your debt cannot be discharged because you incurred the debt through fraudulent activity.
  2. You have multiple mortgages on your home and want to strip the junior liens to handle them as unsecured claims in your case.
  3. Your bankruptcy trustee discovers you made fraudulent transfers of accounts or properties within two years of filing.
  4. Your bankruptcy trustee discovers you made preferential transfers of accounts or properties within 90 days of filing.
  5. You have a jointly owned property and your trustee wants to force the sale of that asset in a liquidation case, possibly forcing both you and the co-owner to forfeit the possession of the property.
  6. Your creditor or trustee objects to the discharge of any particular debt or to your entire discharge/debt relief in your case on the grounds of your possible fraudulent activities as a debtor.

 

With the guidance of a knowledgeable bankruptcy lawyer, you can avoid many kinds of adversary proceedings that could render your case illegitimate or, when warranted, file your own adversary proceedings to affect positive change in your case.

 Find A Bankruptcy Lawyer Today

If you’re considering filing for individual or business bankruptcy, contact Behm Law Group, Ltd. at (507) 387-7200 to get started with an experienced bankruptcy lawyer in Mankato, MN today.

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