In Wayzata, Minnesota, bankruptcy is a legal proceeding in which a person or business has some or all of their debts legally cleared, when they are unable to pay them. This hopefully allows them to start over with a clean slate and move on, after having learned to better manage their use of credit in the process. Bankruptcy should be treated as an option of last resort, and should not be viewed as a fitting way to get out of debt that you just don't feel like paying. Bankruptcy can have severe consequences, including but not limited to damage to your credit rating. A bad credit score can impact your ability to obtain loans in the future, to rent an apartment, and possibly even your ability to get hired at some jobs (as some employers now run credit checks on prospective employees).
For that reason, it would be prudent to speak with a good Wayzata, Minnesota bankruptcy attorney. This attorney will be able to advise you as to whether or not filing for bankruptcy is a good idea, given your specific situation. This determination is highly dependent on the details of each individual case, so a Wayzata attorney's advice is really indispensable.
Types of Bankruptcy in Wayzata, Minnesota
There are three basic bankruptcy schemes that are most commonly used in Wayzata: Chapters 7, 13, and 11. Bankruptcy is a creation of federal law, so the procedure for filing for bankruptcy in Wayzata, Minnesota will be roughly the same as it would be anywhere else in the U.S. Chapter 7 bankruptcy involves liquidation of some of the debtor's assets to pay off as much of his or her debt as possible. Once the liquidation is done, and the proceeds given to the creditors, the rest of the debt is discharged. Liquidation is essentially selling assets to the highest bidder. Only some of the debtor's assets have to be sold, and many classes of property are exempt, meaning that the debtor can keep them, including homes, cars, insurance policies, and retirement accounts. It should be noted that certain types of debt cannot be discharged through Chapter 7 bankruptcy, including student loans, child support payments, criminal fines, and recent taxes.
The other popular bankruptcy system in Wayzata is Chapter 13 bankruptcy. Under this system, the debtor's debts are restructured, instead of discharged. This involves creating a new repayment plan that the debtor will find manageable, given his or her income, and that will result in the creditors being paid in a reasonable amount of time. When a repayment plan is approved by a court, creditors are legally barred from attempting to collect under the original terms of their arrangement with the debtor. Though applicable to individuals, Chapter 11 bankruptcy is typically used by businesses. Like Chapter 13, Chapter 11 requires the restructuring of debts. Under this system, the debtor must come up with a plan to reduce debt, cut costs, and improve operations. Once this plan is finalized, it is submitted to the participating creditors, who must approve it by a majority vote before it can be implemented.
One main advantage of Chapter 11 bankruptcy is that it allows businesses to continue their operations while the process plays out. Moreover, their stock can still be bought and sold.
How Can a Wayzata Bankruptcy Lawyer Help?
The need to examine all the options and consider the costs and benefits of filing for bankruptcy in Wayzata cannot be overstated. If you are considering filing for bankruptcy, it would be a good idea to speak with a Wayzata bankruptcy attorney beforehand.
He helped more then anyone I've spoke to, even though I only spoke to him over the phone the phone for now, he made me feel alot less stressed out for my case ahead. Thank you very much for everything! He helped me understand more about what is going on.
We just hired Ian and have had several phone conversations with him we also met one time so far but he was very responsive, knowledgable and up front. I feel he will do a great job defending my Grandaughter enabling her to continue the stable life she has. Thank you Ian for helping us!
Ian is very caring and professional. He called me, even though he knew his experience level did not equal my case, he helped me find the right lawyer for my son and now I have him working with the lawyer I hired as lead on our case. Thank you Ian. I appreciate your help more than I can put into words.
Ian Musselman did a great job for me on fairly short notice. There was a lot of info involved in my case. Ian was aware of the facts and well prepared when it was time for court. He did a great job in representation and presenting the facts, as a result the outcome was in my favor.