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Minneapolis Bankruptcy Law Blog

Student loan debt connected to overall economic pressures

Many Minnesotans have personally felt the squeeze from student loans. For many, there is graduation and the sudden realization that tens of thousands of dollars is owed for that education. Prior to taking out these loans, many did not worry, believing they would just find a great-paying job right out of college. However, after graduation -- for many -- the realization of the current economy and how much entry level positions actually pay starts to set in.

Graduates all over the country can also relate. In fact, student loan debt has now surpassed credit card debt. This is such an issue, not only from a having debt perspective, but because of the connection between student loan debt and larger economic issues, such as a slow housing recovery and a general lack of spending.

Business ventures lead some founders into personal bankruptcy

It is not unheard of for a business venture to sound like a good idea in theory, but then turn into a bust when trying to put it into play. For the person behind the business, when this happens and a lot of money has already been tied up, this can lead to a personal bankruptcy.

A perfect example of this recently happened when the founder of SportsQuest filed for Chapter 7 bankruptcy. This personal bankruptcy was filed less than a year after SportsQuest filed for a liquidation bankruptcy.

Minnesota parents: Time to think about the college price tag

It is officially springtime in Minnesota. That time of year when parents are busy touring colleges with their teenage sons and daughters, trying to figure out what the most realistic school is for their children. For many, while of course getting accepted plays a role, so does the cost of the college.

Minnesota parents can easily find themselves buried in debt due to student loans. In fact, there have been a number of parents -- and even grandparents, aunts and uncles -- who have ended up filing for bankruptcy after co-signing for student loans that ended up not getting paid back.

Medical crisis can lead to medical debt and bankruptcy

There is no doubt that a medical crisis can lead to sudden and unexpected debt for any Minnesota resident. This is particularly troubling, as not only is the actual medical condition stressful enough, but so is dealing with a seemingly constant stream of bills and calls from bill collectors.

When talking about medical debt, the No. 1 question is just what else a person was supposed to do? Faced with a medical crisis, many of which could have been life-threatening, a patient simply listens to their doctors and goes through whatever treatments are necessary in order to get better. When a person does have insurance, this can mean using out-of-network providers, which are costly. Without insurance, it just means going through the procedures and having to deal with the costs later. Even with insurance, deductibles can be financially tough to take care of.

Minnesota entrepreneur bankruptcy: personal and business debts

A Minnesota entrepreneur recently filed for Chapter 7 bankruptcy. In his personal bankruptcy filing, he included a number of debts tied to a now defunct business, which is a rather common occurrence when it comes to business owners filing for personal bankruptcy. The idea is to wipe the slate clean in their personal and professional lives through bankruptcy.

The 48-year-old entrepreneur is most well-known in the area for his work in the senior care market. He had at one point owned the Suite Living Specialty Senior Services, which had multiple locations in Minnesota.

Struggling with debt? There are solutions

The Federal Reserve recently released numbers for December, which showed an increase in student loan and auto loan borrowing. This increase coincided with a decrease in credit card debt, which points to the fact that many Americans are continuing to financially struggle and not making as many purchases as they once did when the economy was stronger.

According to the Federal Reserve, consumer borrowing as a whole -- between credit cards, student loans and auto loans -- rose by $14.6 billion in December. This brings the grand total of consumer borrowing in these categories to $2.78 trillion.

Minnesota debt collector used illegal debt collection tactics

This week, Attorney General Lori Swanson announced that Midland Funding, a company known for suing Minnesota residents and then garnishing wages immediately, has agreed to amend its collection practices. This agreement comes after the state of Minnesota brought a lawsuit against the company for filing unreliable papers in court and then targeting individuals over debts they did not have.

Employees from Midland have offered sworn testimony that they signed nearly 400 affidavits without reading them or verifying the information on the mass-produced documents. This is "robo-signing," very similar to the mortgage tactics that helped bring about the foreclosure crisis.

CFPB Will Investigate Large Debt Collection Agencies

The Consumer Financial Protection Bureau (CFPB) recently announced that it will begin to supervise large debt collection agencies on January 2, 2013. This is the first time that the federal government has agreed to do on-site investigations of debt collection agencies.

While the investigations would only impact four percent of the consumer debt collection firms in the U.S., these 175 firms are the largest in the nation, representing nearly 63 percent of the market. This includes companies such as West Asset Management, Asset Acceptance Capital Corporation, Asta Funding Inc. and CMI Group.

The Federal Trade Commission (FTC) has authority to investigate debt collection agencies, and has increased its scrutiny in recent years. It cannot, however, write rules to protect consumers or perform on-site investigations. The CFPB, on the other hand "can go in and conduct examinations and find out if a debt collector is breaking the law," the Consumers Union senior policy counsel, Pamela Banks, said.

Unemployment Up in Minnesota, Still Ahead of the Nation

A slight increase in Minnesota's unemployment rate in August triggered worries among many Minnesotans that the state may be losing traction in its economic recovery. The state had been making great strides to crawl out of the Great Recession.

Although the state's September numbers aren't available yet, there are rumblings that the state is still making strides towards full recovery. This should be good news for many people in the Twin Cities who stop foreclosure so they can keep their home.

Minnesota Debt Collector Sued for Garnishing Veteran's Disability Pay

Summons, judgments and garnishments are scary for everyone. Once creditors have obtained a judgment against a person, they frequently follow with a wage garnishment or an attempt to levy holdings in a bank account. As soon as a person receives a summons, they should contact an experienced and efficient Minneapolis bankruptcy attorney to get relief, if they haven't done so already.

Bankruptcy is the most effective way to get protection from debt collectors because it is backed by force of law. As soon as a bankruptcy has been filed, an injunction known as the automatic stay goes into effect, immediately shielding people from their creditors. Up to the point of filing, however, debt collectors may still try to collect money from people.

Even in the world of debt collection, some income is protected. Child support, social security and disability pay are all considered exempt income, meaning a debt collector may not take it, even if you owe them money. Unfortunately, not all debt collectors play by the rules as one Arizona veteran and his wife found out. Fortunately, he is fighting back and is taking one Minnesota debt collector to task for their abuses.

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