Hoglund Law Blog

When an individual files bankruptcy, the trustee assigned to his/her case will examine payments made to creditors before a case was filed. If the payments to an individual’s creditors meet certain requirements, they are considered preferential payments. If an individual filing bankruptcy has made preference payments, the trustee administering the case may go after the [...]

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When an individual files for bankruptcy, a trustee is assigned to his/her case. It is the trustee’s duty to administer the case. Part of the administration of a bankruptcy case involves an examination of financial transactions occurring before an individual files for bankruptcy. One thing trustees look at is whether a debtor has transferred any [...]

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Attorney Jeff Bursell from Hoglund, Chwialkowski & Mrozik will be a participant in the annual golf tournament held by Anastasi and Associates. The tournament will benefit local charities. All donations will go directly to the selected charities. Plus Anastasi and Associates will match every dollar donated. The proceeds from this event will be donated to [...]

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According a study prepared for the AARP’s Public Policy Institute, “the rate of bankruptcy filings among Americans 55 and older has nearly tripled since 1991.” The results of this study are a cause for concern because the results “indicate that financial security is progressively eroding for many older Americans.” (As printed in Consumer Bankruptcy News, [...]

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Much attention has recently been given to the disastrous bankruptcy filing of Denny Hecker. Clearly, the Hecker case is not a run of the mill case; however average individuals contemplating bankruptcy should take note of the things which got Mr. Hecker in hot water. These things can happen to average individuals as well. The most [...]

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A recent Supreme Court decision should allow for debtors in future bankruptcy cases to have more affordable payments. The Supreme Court in Hamilton v. Lanning has made a decision which should allow debtors to propose Chapter 13 payment plans which take the debtors’ actual income and expenses into account. Prior to this decision, debtors’ Chapter [...]

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Debts owed to ex-spouses through a provision in a hold-harmless provision in a divorce decree are automatically non-dischargeable in a bankruptcy filing, according to a court ruling. A recent Court of Appeals decision (In re the Marriage of: Jason Paul East vs. Yvette Francis East, File No. 74-FX-05-000284) provides that the ex-spouse of an individual [...]

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A new set of rules regarding the impact of a bankruptcy on a mortgage modification has taken effect as of June 1. Under these rules, a bankruptcy will not disrupt a HAMP modification. Before this rule change, the filing of a bankruptcy would often disrupt the modification process. A modification typically will take several months [...]

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The simple answer to this is “no, there are no debtor’s prisons.” Unfortunately, despite the lack of debtor’s prisons, some people are ending up in jail because of bad debt. Minnesota law does not impose prison sentences because of bad debt, but Minnesota law which is rather pro-creditor provides a mechanism which allows a creditor [...]

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Since the radical changes in the Bankruptcy Code in 2005, many people incorrectly believe that credit cards can no longer be discharged in a bankruptcy. However, there is nothing in the specific nature of credit card debt that makes them nondischargeable in a bankruptcy. Section 523 (a) of the Bankruptcy Code sets out a variety [...]

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