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Misconceptions About Bankruptcy

The Truth About Bankruptcy

At Prescott & Pearson, P.A., we know bankruptcy law and have spent decades building trust and credibility with the judges, trustees and creditors' attorneys who are involved with Minnesota bankruptcy cases. In fact, this is all we do, and we've been doing it well for more than 35 years.

Having handled over 70,000 cases, we also know that there's a lot of misinformation out there and that people have a lot of mistaken ideas about bankruptcy.

Here are a few of the biggest:

Bankruptcy Myth #1: I can't qualify for bankruptcy's debt relief under the new laws.

  • Truth: This is rarely the case. In fact, the vast majority of people who would have qualified under the old laws will still qualify today — even under Chapter 7. However, it is recommended that you hire an experienced attorney to make the most of bankruptcy's opportunity for a fresh start.

Bankruptcy Myth #2: I'll never get credit again.

  • Truth: You'll probably start receiving credit card offers sooner than you think. Much sooner. While those offers may have unfavorable terms, there are ways to start rebuilding your credit immediately. In 12-18 months, you'll probably be able to get decent terms on a car loan. In three to four years, you'll probably be able to get a mortgage on decent terms as well.

Bankruptcy Myth #3: Everyone will know.

  • Truth: Bankruptcy is a matter of public record but, aside from your creditors who receive notice, no one will usually know that you have filed unless you tell them.  Bankruptcy lists are seldom, if ever published anymore in the general local papers unless you have a business case.  You should also realize that bankruptcy doesn't carry much social stigma anymore. Unemployment, a major illness, divorce, credit cards, taxes — these things can and have pushed people from all walks of life into bankruptcy court.

Bankruptcy Myth #4: I'll be left with nothing.

  • Truth: Even if you file under Chapter 7 and lose your home to foreclosure, you'll probably be able to keep all of your personal property. The reason is that even though many personal items have value to you — most won't have enough resale value to put you over the exemption limits.

"This Is All We Do and We Do It Well."

Minneapolis-St. Paul: 651-968-8096 / Statewide Toll-Free: 888-366-0827

We treat our clients with dignity and respect at all times, never looking down on anyone for finding themselves in financial trouble.

For answers to any other questions about bankruptcy in general, or about your specific situation and concerns — don't hesitate to call or contact our lawyers in the Twin Cities area for a free consultation.

Upcoming Seminars

  • May 20 th 2010
    Realtor Speaker Series:
    Short Sale/Foreclosure Discussion and Bankruptcy Q&A
  • April 6 th, 2010
    Minnesota State Bar CLE
    Consumer Bankruptcy Basics; Client Interview and Pre-Petition Advice
  • October 6 th, 2009
    Minnesota State Bar Association CLE and the Bankruptcy Section of the MSBA
    2009 Bankruptcy Institute: Bankruptcy 101; Bailout of the Financially Distressed Individual Debtor
  • August 19 th, 2009
    February 26, 2009 and June 16, 2008: Minnesota State Bar Association CLE Consumer Bankruptcy Basics; Client Interview and Pre-Petition Advice
  • December 18 th, 2007
    Minnesota State Bar Association CLE
    Bankruptcy Series: Reaffirmations
  • October 6 th, 2006
    Minnesota State Bar Associations CLE and the Bankruptcy Section of the MSBA
    2006 Bankruptcy Institute: Chapter 7 issues under the New Act
  • May 8 th, 2006
    Minnesota State Bar Association CLE
    Bankruptcy Reform 2006: Means Testing: Debtor's Perspective
  • June 20 th, 2005
    Minnesota State Bar Association CLE
    Bankruptcy Reform 2005; Professionalism in Consumer Bankruptcy Practice, Means Testing: Debtor's Perspective, Changes in Exemptions
  • September 12 th, 2005
    Minnesota State Bar Association CLE and the Bankruptcy Section of the MSBA
    2005 Bankruptcy Institute: Chapter 7 Bankruptcy Reform and the Everyday Practitioner
  • September 23 rd, 2004
    Minnesota State Bar Association CLE and the Bankruptcy Section of the MSBA
    2004 Bankruptcy Institute: Getting Paid in Bankruptcy Cases
  • March 9 th, 2004
    Minnesota State Bar Association CLE
    Bankruptcy Basics: Initial Interview and Pre-Petition Advice

Contact Us

Prescott & Pearson, P.A.
443 Old Highway 8 Northwest
Suite 208
New Brighton, MN 55112
Phone: 651-968-8096
Toll Free: 888-366-0827
Fax: 651-633-7562
E-Mail Us / Get Driving Directions

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