Minnesota Bankruptcy Attorney
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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 bankruptcy law is Title 11 of the United States Code. The United States Code is the federal law passed and amended by Congress throughout the years. The bankruptcy law is comprised of nine chapters, some of which govern specific types of bankruptcy and some of which provide general rules applicable to all bankruptcies. Since bankruptcy law is federal law, people and businesses must use bankruptcy through the federal courts.
The federal judiciary is comprised of eleven circuits throughout the country. Each state is in a particular district in a particular circuit. For example, all Minnesota bankruptcies are filed in the United States Eighth Circuit, District of Minnesota.
The bankruptcy law is interpreted by case law in each district. Further, state law can come into play on certain issues. While hiring an attorney is not an absolute necessity to file for bankruptcy (as an attorney is not a necessity to use any part of the legal system) with a confluence of so many laws and the severity of the consequences should something be done in error, it is prudent to contact an attorney prior to filing bankruptcy and prior to taking any actions in preparation of bankruptcy.
Everyone who files for bankruptcy protection must attend a section 341 hearing, also known as a meeting of creditors. Where you attend this meeting depends on which county you live in. Below is a list of MN counties and the cities in which the 341 hearings are held. At the bottom of the page is the building address for each city's meeting location.
The federal judiciary is comprised of eleven circuits throughout the country. Each state is in a particular district in a particular circuit. For example, all Minnesota bankruptcies are filed in the United States Eighth Circuit, District of Minnesota.
The bankruptcy law is interpreted by case law in each district. Further, state law can come into play on certain issues. While hiring an attorney is not an absolute necessity to file for bankruptcy (as an attorney is not a necessity to use any part of the legal system) with a confluence of so many laws and the severity of the consequences should something be done in error, it is prudent to contact an attorney prior to filing bankruptcy and prior to taking any actions in preparation of bankruptcy.
Everyone who files for bankruptcy protection must attend a section 341 hearing, also known as a meeting of creditors. Where you attend this meeting depends on which county you live in. Below is a list of MN counties and the cities in which the 341 hearings are held. At the bottom of the page is the building address for each city's meeting location.
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Aitkin - Duluth
Anoka - Minneapolis Becker - Fergus Falls Beltrami - Fergus Falls or Crookston Benton - St. Cloud Big Stone - Fergus Falls Blue Earth - Mankato Brown - Redwood Falls or Mankato Carlton - Duluth Carver - Minneapolis Cass - Duluth Chippewa - St. Cloud Chisago - St. Paul Clay - Fergus Falls Clearwater - Fergus Falls Cook - Duluth Cottonwood - Mankato Crow Wing - St. Cloud Dakota - St. Paul Dodge - Rochester Douglas - Fergus Falls Faribault - Mankato Fillmore - Rochester Freeborn - Mankato Goodhue - St. Paul Grant - Fergus Falls Hennepin - Minneapolis Houston - Rochester Hubbard - Fergus Falls Isanti - St. Cloud Itasca - Duluth Jackson - Mankato or Redwood Falls Kanabec - St. Cloud Kandiyohi - St. Cloud Kittson - Fergus Falls Koochiching - Duluth Lac Qui Parle - Mankato Lake - Duluth Lake of the Woods - Fergus Falls LeSuer - Mankato Lincoln - Mankato Lyon - Mankato Mahnomen - Fergus Falls |
Marshall - Fergus Falls
Martin - Mankato McLeod - Minneapolis Meeker - Mankato or Redwood Falls Mille Lacs - St. Cloud Morrison - St. Cloud Mower - Rochester Murray - Mankato Nicollet - Mankato or Redwood Falls Nobles - Mankato Norman - Fergus Falls Otter Tail - Fergus Falls Olmsted - Rochester Pennington - Fergus Falls Pine - St. Cloud Pipestone - Mankato Polk - Fergus Falls Pope - Fergus Falls Ramsey - St. Paul Red Lake - Fergus Falls Redwood - Mankato Renville - Mankato or Redwood Falls Rice - St. Paul Rock - Mankato Roseau - Fergus Falls St. Louis - Duluth Scott - St. Paul Sherburne - St. Cloud Sibley - Mankato Stearns - St. Cloud Steele - Rochester Stevens - Fergus Falls Swift - Duluth Todd - Fergus Falls Traverse - Fergus Falls Wabasha - Rochester Wadena - Fergus Falls Waseca - Mankato Washington - St. Paul Watonwan - Mankato Wilkin - Fergus Falls Winona - Rochester Wright - St. Cloud Yellow Medicine - Mankato |
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Minneapolis
U.S. Courthouse 300 South Fourth Street, Room 1017 Minneapolis, MN 55415 Duluth
U.S. Courthouse 515 W. 5th Street Duluth, MN 55802 St. Cloud
American Red Cross 1301 W Saint Germain Street, Room 112 St. Cloud, MN 56301-3415 Rochester
Olmstead County Government Center 151 4th Street SE, Conf. Rm. 2A & B Rochester, MN 55904 |
St. Paul
Warren E. Burger Federal Building and U.S. Courthouse 316 North Robert Street, Room 402 St. Paul, MN 55101 Mankato
U.S. Post Office 401 South 2nd Street, 2nd Floor Mankato, MN 56001 Fergus Falls
U.S.Courthouse, Room 209 118 South Mill Street Fergus Falls, MN 56716 Crookston
Polk Count Courthouse 612 North Broadway, 1st Floor Crookston, MN 56716 |
Chapter 13 section 341 hearings occur in the same location for each city location except the following:
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Minneapolis
310 Plymouth Building 12 South 6th Street Minneapolis, MN 55402 |
Redwood Falls
Redwood County Public Health Building 266 East Bridge St. Redwood Falls, MN 56283 |
