How To Handle Enormous Debt Load Right After Receiving Your College Degree.

More than ever, young adults are being saddled with an enormous amount of debt right after they earn their college degree. They spend the rest of their twenties giving a sizable portion back to the University who just won a bowl game and is hardly hurting for cash. Meanwhile, you're a twenty something lawyer who passed the Bar exam, works for a prestigious firm, yet you eat Ramen and take the bus and duck your landlord at the end of the month. That's no way to enter the workforce--straddled with debt.


More young adults are filing for bankruptcy than ever. There is a stigma and almost a shame that comes with it, but there needn't be. Think of bankruptcy less a retreat and more a reset. Yes, it will reflect on your credit report and yes it will complicate your financial future at least for the next seven years. "So why would I want that?" You ask...
Here's the alternative. Continue on eking it out. Giving most of your pay to your wealthy college who's degree you might not even be using! Take the bus. Go broke trying to impress clients by paying for your meals only to find your wages have been garnished and your card doesn't work.
You can expect that for much longer than seven years if you don't file for bankruptcy. You don't want to have to play that game where you act like: "it's the banks fault" in front of potential clients. You know good and well there was a fifty-fifty chance your card would work, which is why you only ordered salad and water. You cringed when the potential clients ordered swordfish and champagne. And then came the coup de grâce? Potential client #1 liked the swordfish so much he wants a second to go. For his dog! Your mental cash register just exploded. You know what's coming. Epic embarrassment. You see it on the waiter as his or her demeanor has now changed. They have your card in their hand and a single, short, stubby receipt. We all know what that is. The rejection letter of debit machines. Just like when you got into college. Thin envelope meant: "Sorry! Try again!". Thick envelope meant :"Pack your bags".
Don't get another thin envelope or short receipt. Get your affairs in order. What you handle today will greatly behoove you tomorrow. We will get creditors off your back and allow you to entertain those potential clients without fear of embarrassment.

Tax Debt Relief And Bankruptcy

If you have an income tax debt, and are filing for bankruptcy, that may be eligible for discharge under Chapter 7 or Chapter 13 of the Bankruptcy Code.

The difference between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy is that Chapter 7 allows for a full discharge of permitted debts while Chapter 13 issues a payment plan to repay some debts, with the rest of the permitted debts being discharged. Keep in mind, not all tax debts are able to be discharged in bankruptcy, but taxes that are eligible to be discharged in a Chapter 7 are also eligible for discharge in Chapter 13. When you file for bankruptcy, your tax debts must meet a certain standard in order to be discharged.

The criteria for income tax debt to be discharged are:

• All tax debt must be from income taxes 
• The tax debt must be part of a tax return that was due at least three years prior to the taxpayer filing for bankruptcy. The due date includes any extensions. 
• The tax return has to have been filed at least two before the taxpayer files for bankruptcy. This date starts when the return was actually filed. 
• The tax assessment that the IRS sent you has to be at least 240 days old. 
• The tax return cannot be fraudulent. 
• The taxpayer cannot be guilty of tax evasion. 

Some of the tax debt that is not dischargeable is for taxes for which no returns have been filed. While the IRS routinely assesses taxes on un-filed returns, these tax liabilities cannot be discharged until the taxpayer files a return for the year in question. The return must be filed by the taxpayer. A commissioner-filed return does not qualify.

If you file for Chapter 13 bankruptcy, money owed to the IRS that does not meet the qualifications to be discharged can be repaid through a payment plan that lasts anywhere between three and five years without penalties or continuing interest. (Although in some cases interest and penalties must be paid if there is a tax lien). One of the benefits of filing a Chapter 13 bankruptcy is if the IRS rejected your previous payment plan, this is a way to get them to accept one.

It is recommended that you speak with your attorney regarding this matter before deciding between filing Chapter 7 or Chapter 13 to get rid of or aid with the burden of tax debt.

Gregory J. Wald, Attorney at Law
1500 Northland Plaza
3800 American Boulevard West
Bloomington, MN 55431
Telephone: 952-921-5802
Toll Free: 1-866-747-1130
Fax: 952-831-1346
BankruptcyMinn.com
Gwald314@msn.com

The Difference Between Secured and Unsecured Debt

The type of debt you have plays an important role in what happens if you default on a loan.

Secured Debt is any debt that is backed by some sort of physical property, such as a car loan or a mortgage. The car loan is secured by the car itself and the mortgage is secured by the home.

In the event you fall behind on your payments on a secured debt, your creditor has the right to take back the property (repossess), sell it and apply the proceeds to the debt that you owe. Additionally, you may still have a balance owed even after the sale of the item is applied to the debt.

Dealing with your secured debt in bankruptcy can be done one of two ways. The first way is by filing for Chapter 7 bankruptcy and returning the item so that you no longer have to make payments on it. The other option is to restructure your payments by filing for Chapter 13 bankruptcy and keeping the item. Either way, with any secured debt the creditor gets something in return.

Unsecured Debt is typically a debt you incur to obtain goods and services. It can be medical debt, a student loan, a credit card or a personal loan. Essentially, there is no collateral tied to the debt. With this type of debt the creditor won't be able to repossess the item you purchased but they are able to take legal action or garnish your wages to recover a balance owed.

Filing for bankruptcy can ease the burden of both secured and unsecured debt. Filing for bankruptcy may even help you keep your car, stop wage garnishments, and remove some or all of your debt. Contact Minnesota Bankruptcy Attorney Gregory Wald for more detailed information specific to your situation.

The Benefits of Chapter 13 Bankruptcy

Chapter 13 bankruptcy allows people with an income the option of creating a plan to repay part, or all of their debt when they are experiencing hardship. This is why it’s known as the “Wage Earner’s Plan.” When filing for Chapter 13, the debtor has agreed to a repayment plan of their debts over a course of three-to-five years.

In the instance that you have filled for Chapter 13 Bankruptcy and are still experiencing financial hardship, you have options. The worse thing you can do would be to stop making payments to your trustee. Once payments stop being made, you can expect your bankruptcy case to be dismissed without discharge. This means that all of the debt and harassing phone calls from creditors that you received before you filed for bankruptcy will once again be back.

Rather than stopping your payments, speak to your Minnesota bankruptcy attorney about a Hardship Discharge. A Hardship Discharge wipes debts clean even though the repayment plan has not been completed.

This option is only available if:

• The debtor’s failure to complete their payment plan was due to circumstances beyond their control. 
• The creditors have received at least as much as they would have in a Chapter 7 liquidation case.
• Modification of the plan is not possible. As an example, you could have an injury or illness that prevents sufficient employment that would fund a modified plan. 

Hardship Discharges are a lot more limited than a typical Chapter 13 discharge and it does not apply to debts that are non-dischargeable. Do not ignore your financial situation any longer. Contact Minnesota Bankruptcy Attorney Gregory Wald, he will give you all of your options. Live free from worry by removing the burden of debt.

Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy

If you are thinking about filing for bankruptcy, contacting an experienced attorney is your first step. Below we will list some differences between filing for chapter 7 and chapter 13 bankruptcy to give you an idea of what to expect.

When Chapter 7 Is Beneficial To You:

• Chapter 7 is known as the “fresh start bankruptcy” because it gives its recipients a fresh start.
• If you have little property other than basic necessities like furniture and clothing.
• If you have little or no money left over each month after paying for basic expenses, or if you are not even meeting your basic expenses.
• A benefit to filing for chapter 7 is that most unsecured debts can be discharged. A discharge means the debt is completely eliminated.
• The process of filing for chapter 7 is a rather quick one. You can receive your discharge in just a few months.
• Once you file, creditors can not contact you once the automatic stay is in effect or after debts have been discharged.
• Upon filing for chapter 7, repossessions, foreclosures, wage garnishments, and harassment all stops.
• A way to decide if you are qualified to file chapter 7 is by the “means test” and the completion of the required session with a credit counselor.

When Chapter 13 Is Beneficial To You:

• Chapter 13 is the adjustment of debts for someone with a regular income.
• If you have significant equity in a home or other property and you would like to keep it.
• When you have a regular income and can afford living expenses but cannot afford to keep up with scheduled payments of debts.
• An advantage to filing chapter 13 is being able to keep your property while spreading out past due payments of a period of 3 to 5 years.
• You make one monthly payment to your bankruptcy trustee and will have no contact with creditors during the protection period of 3 to 5 years.
• Any individual debtor whose unsecured debts are below $360,475 and whose secured debts are less than $1,081,400 is able to file under chapter 13 bankruptcy.

Rest assured that once you file for bankruptcy your quality of life will greatly improve. You will no longer face harassing phone calls from creditors and with the help of your attorney, you will be fit with a bankruptcy plan that will benefit you and your family. Get the fresh start that you deserve by contacting your Bankruptcy Attorney Gregory J. Wald.


Gregory J. Wald, Attorney at Law
1500 Northland Plaza
3800 American Boulevard West
Bloomington, MN 55431
Telephone: 952-921-5802
Toll Free: 1-866-747-1130
Fax: 952-831-1346
BankruptcyMinn.com
Gwald314@msn.com

Student Loans and Bankruptcy

In today’s society many students are faced with the uncertainty of landing a job right after graduation--in addition to that, students are weighed down by student loan debt. There is an option if you find yourself having difficulty paying back your student loan. Chapter 13, also known as “The Wage Earner’s Plan,” develops a plan for you to pay back debt over a period of time.

Most Bankruptcy courts rely on a test called “The Brunner Test,” in order to determine whether a student loan is dischargeable in bankruptcy. However, in Minnesota the less restrictive "totality of the circumstances" test is used. The way the courts evaluate the loan’s dischargeability comes down to whether you have shown “an undue hardship.” The “totality of the circumstances” test requires that the debtor not be able to maintain the minimal standard of living if forced to repay the loans. The court can look at all relevant considerations, including:

(1) your past and present financial resources, and those that you can reasonably rely on for the future;


(2) your reasonably necessary living expenses for you and the your dependents; and

(3) “any other relevant facts and circumstances surrounding each particular bankruptcy case

It helps to get a hardship discharge if you have tried to make payments on the student loans. If you or your children have chronic medical problems or mental health problems, this will be taken into consideration.

Once you file for bankruptcy, you are automatically protected against creditors. They can’t collect from you until the courts give them permission to do so.

There is an idea that higher education leads to financial success, however most people will feel the economic strain for years to come.

After filing for Chapter 13 bankruptcy, you will have a plan for repayment. Usually repayment is based on current and future income. A Chapter 13 plan is for 3 to 5 years. For help with a Chapter 13 bankruptcy plan, consult Minnesota Bankruptcy Attorney Gregory J. Wald.