State Laws

Minnesota Bankruptcy Laws

     

The United States recently changed its laws for how bankruptcy is to be handled. The stipulations for granting petitions for Chapter Seven bankruptcy have become more difficult - as a result Chapter Thirteen bankruptcy payments have increased. In fact, eligibility for bankruptcy has become increased all together.

Applying for bankruptcy in the past was as easy as filing a few forms of documents. Now, with the new laws, bankruptcy requires more information and many more documents. Due to this change it is often advised to consult an attorney rather than file online through a do-it-yourself program. If any paperwork is filed incorrectly or any information filed is later discovered to be false, the case will be thrown out. Couples may file for bankruptcy in a joint petition or an individual can file by him or herself.

Different Forms of Minnesota Bankruptcy
Minnesota has different kinds of bankruptcy that allow individuals relief from their debt problems. These two kinds of bankruptcy depend on the amount of debt, the number of people residing in a household, the household income, and the current debt payment amounts.

An individual's income and situations will be calculated along with the statewide income for Minnesota. These calculations will designate if an individual is eligible for bankruptcy and, if so, which kind. As simple difference between Chapter Seven bankruptcy and Chapter Thirteen bankruptcy is the monthly amount that can be paid towards the debts.

Chapter Thirteen Bankruptcy
If an individual can pay a minimum of one hundred sixty dollars a month on his or her debts, he or she will be eligible for Chapter Thirteen bankruptcy. This kind of bankruptcy takes an individual's income and separates it into a personal payment plan. The payment plan will require monthly payments be made over a five-year time span. If any payments are missed, consequences will subsequently follow. Chapter Thirteen bankruptcy can also have plans as low as three years but plans cannot exceed five years.

Chapter Seven Bankruptcy
If an individual cannot pay more than one hundred dollars a month on his or her debts, he or she will be eligible for Chapter Seven bankruptcy. Instead of adapting a payment plan for the debt problems, an individual will be assigned a trustee. The trustee will then place the maximum values of non-exempt property and sell the property.

The acquired funds will then be used to pay creditors and halt foreclosures. Chapter Seven bankruptcy can be completed in six months or less but normally no less than three months. How much property is to be sold depends on the amount of the debts and the value of the property.

If the individual can pay more than one hundred dollars but cannot yet pay one hundred sixty dollars, he or she will most likely be granted Chapter Seven bankruptcy.

Minnesota Exemptions
Individuals have the right to choose federal exemption statues over Minnesota exemption statues. These exemptions can include pensions, motor vehicles, homes, insurance coverage, most personal property under seventy-two thousand dollars, public benefits, livestock, tools for usage in a trade, and unpaid wages.

See also:
Minnesota Felony
Minnesota Gun Laws
Minnesota Divorce
Minnesota Misdemeanor External link (opens in new window)
Minnesota Expungement External link (opens in new window)