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        • Minnesota Bankruptcy Information
        Bankruptcy Attorney - Michael Sheridan
        MN Bankruptcy Attorney $200 less than other attorneys

        Bankruptcy Protection.

        Bankruptcy is the set of federal laws that shield businesses and people from the collection actions of the people and companies to whom they owe money. To obtain such protection, people and businesses must file under one of the bankruptcy chapters (Chapter 13, Chapter 11, Chapter 7, etc.). Once the appropriate paperwork (i.e., “petition”) is filed with the court, the filer receives both short-term and long-term bankruptcy relief.

        The short-term bankruptcy relief is called the “automatic stay.” The stay is a court injunction that prohibits creditors and nearly all debt collectors from contacting the person or business for the debt or from using state laws to garnish or levy on the person's or business’ income or property.  Filing your case stops all garnishments. The short-term bankruptcy relief continues while the court examines the case and ensures it is proper under the laws.

        Long-term bankruptcy relief is called a “discharge.” A discharge is the court ordering that none of a filer’s debts (with certain exceptions) can be collected on ever again. The purpose of the bankruptcy laws is to give you a “fresh start,” so that you can get back on your feet financially and be able to contribute to yourself, your family, and society.
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        The Rise of Consumer Credit

        In 1970, just over 20% of all families owed a balance on a credit card. By 1998, over 40% of all families owed a balance on their credit cards. Today, the average American family has 8 credit cards and carries an $9,000 balance.  The average family pays over $1,300 a year in interest. One-hundred and forty-four million (144,000,000) Americans have credit cards and charged 1.5 trillion dollars last year. Credit cards have become an essential part of our economy.
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        "For me it's about helping people get past a stressful period in their lives and get a fresh start." 
           - Mike Sheridan
        The credit card business is extremely profitable. The companies make a small percentage on each charge through the merchant.  But the real profit is on the interest the companies charge on people who carry a balance on their cards. Today, the top interest rates are at an all time high. The interest rates credit card companies charge today would have been considered loan shark rates in prior decades. The companies also charge late fees and over-limit fees to earn additional profit. Most families use their credit cards to make ends meet and most families are able to carry the balance. But, if you are carrying a balance on your cards and you become unemployed, have a medical emergency, or get divorced, the financial stumble will likely cause you to miss a payment.  Missed payments trigger high interest rates. With late fees and over-limit fees, an $8,000 balance can easily double within a relatively short period of time. This is case for many people especially because, when a family gets into financial distress, they rely on the cards even more and begin "robbing Peter to pay Paul."  The debt continues to snowball and at a certain point, it becomes mathematically impossible to pay off the balances with the usual monthly payments. When you miss a payment, the fine print in your credit card contract is triggered and the credit card company begins to charge you heavily.  In addition, the credit card company can change the terms and conditions of your contract without your acceptance by giving you only a 15-day notice. What this all amounts to is that the credit card companies make the rules and have written them in their favor.

        When credit cards first came into existence in the 1960s, they were conceived as a convenience for the well-to-do as a way to avoid carrying cash. However, in the 1970s, the companies realized that in order to make the business profitable, they had to extend credit to a much larger audience in the hopes that a certain percentage of card holders would not be able to pay off their balance and the cards would earn money off of interest.  In the 1980s and 90s, they began realizing the late fees were the real profit stream. The companies began marketing to Americans by offering 0% introductory interest rates, luring customers to open a card and carry a balance. Once the introductory rate expires, the companies begin profiting and if the card-holder misses a payment, the snow-balling begins and the companies begin making real profit. How do they know who to target? Credit scores.

        The most extreme example of this was Providian. Providian in the 1990s was targeting the riskiest consumers to make money off of late fees. Providian experienced double-digit growth during the 1990s and at one point was making more than 50% of its profit from late fees - not from interest - from late fees. This profitable business model caught the attention of the major credit card companies and they began following suit. In addition, the credit card companies began reducing the minimum monthly payment from 5% of the balance to 2% of the balance. This is designed to lengthen the time you spend paying off your balance and increasing the time the credit card companies can charge interest (and lengthens the time that your family risks being hit with a financial emergency and the fine print terms are triggered). To determine how long it will take you to pay off your balance, click here.

        Your Rights

        The credit card companies have put many millions of dollars not only into steering legislation in their favor, but also to shaping Americans' attitudes towards going bankrupt. Many feel that being bankrupt is immoral because one is "stiffing" their creditors. However, the right to file bankruptcy is a constitutional right (Article I, Section 8, Clause 4): and in a consumption-based economy, bankruptcy is an absolute necessity.  If the safety valve of bankruptcy wasn't available for its citizens, the American economy would grind to a halt. The top three reasons for filing for bankruptcy are: unemployment, medical expenses, and divorce. A credit agreement is a contract, a loan agreement is a contract, a mortgage agreement is a contract. These contracts are filled with terms and conditions that favor the banks. When you are faced with a financial emergency and need the banks to work with you, many will not. And in the case of credit card companies, they use the opportunity to make money off of your misfortune. If you're unable to make your car or house payments, eventually the bank will repossess the collateral and have deficiency rights. This means that after the bank takes back the car or house and sell it, they can sue you for the unpaid "deficiency balance" on the loan. Note that in Minnesota, any mortgage lender that forecloses by advertisement cannot pursue a deficiency balance. Most first mortgage lenders foreclose by advertisement (they do not start a lawsuit, only send you notices by mail) but if you have a second mortgage on a home that is foreclosed on, a deficiency suit on the amount they are owed is a very real possibility.

        Bankruptcy is the set of federal laws that allow you to change the terms and conditions of your credit contracts in your favor.  When the creditors will not work with you, filing for chapter 7 or chapter 13 (depending on what you qualify for) allows you to protect your family, your wages, and most if not all of your assets from the reach of your creditors. If you need to, exercise your rights. Call Mike at (612) 293-5877 to schedule a free consultation.  If you need more information first, read more about bankruptcy information.

        What Happens If I Go Bankrupt?

        There is a lot of misinformation surrounding bankruptcy.  Many people think that you will automatically lose your car or your house if you file. That’s not true. The bankruptcy laws - called the bankruptcy code - is federal law passed by Congress.  The right to file bankruptcy is also stated in the Constitution.  The different types of bankruptcy are divided into chapters. There are a number of different chapters: chapter 9 – municipalities; chapter 11 – business reorganization; chapter 12 – family farmers and fisherman; chapter 7 – liquidation; and chapter 13 – individual reorganization.  Chapter 7 is the classic bankruptcy that people think of when they think of bankruptcy.  Congress named chapter 7 after the sabbatical year in the Old Testament.  In the Bible, after every seventh year, members of the community would have their debts released, but not the debts of foreigners.  Every seventh sabbatical year, or forty-ninth year, the release of all debts was mandated. Chapter 7 and chapter 13 are the most common types of bankruptcy for individuals and small businesses.  In a chapter 7 you disclose all of your assets, but what most people do not realize is that most, if not all of your assets are protected.  In fact, for 98% of my clients, I am able to protect all of their assets in a chapter 7.  The protections are called “exemptions.” more . . .

        Losing Assets in Bankruptcy

        Many people think that they automatically will lose their house, their car and most of their possessions when they file for bankruptcy.  You will not automatically lose your car if you file bankruptcy. Congress has set up the bankruptcy laws to allow people to protect most if not all of their assets.  The reason being, bankruptcy is designed to give people a fresh start, not to throw them on the street and make them dependent on state assistance.  There are 2 sets of laws we can use to protect assets. These sets of laws are called "exemptions." There are the federal exemptions and the state of MN exemptions. We can use only one or the other, we can't use part of both. Each set of exemptions is set up categorically with a value limit more . . .


        About Michael Sheridan

        Mike is an attorney with Mansfield, Tanick & Cohen.  Mike is an experienced bankruptcy attorney having honed his skill at one of the largest bankruptcy law firms in Minnesota. Mike is able to provide his clients with much more one-on-one attention than attorneys at large firms with hundreds of clients. Mike assists his clients in deciding if bankruptcy is the best remedy for their debt problems, and if so, what chapter of bankruptcy best suits their needs and goals.  Prior to helping people file bankruptcy, Mike worked for two Chapter 7 Trustees. He has broad experience assisting individuals and businesses with debt resolution. To date, Mike has helped his clients settle or discharge over $2 million in debt. Mike was able to work with a Chapter 7 Trustee to allow his client to keep a Cesna personal airplane through bankruptcy.

        National Association of Consumer Bankruptcy Attorneys

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        © Michael Sheridan. All rights reserved. The information contained in this website is not meant to constitute legal advice.  If you require advice in relation to bankruptcy matters, schedule a free consultation.

        We are a debt relief agency. We help people file for bankruptcy relief under the Code.

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