Timothy Casey Theisen’s Answers

Timothy Casey Theisen

Anoka Bankruptcy Attorney.

Contributor Level 5
  1. Bankruptcy before divorce or after? MN

    Answered 3 months ago.

    1. Timothy Casey Theisen
    2. Becky A Moshier
    3. Dorothy G Bunce
    4. Douglas M Turbak
    5. Michael J Corbin
    6. ···
    6 lawyer answers

    The answer is, "it depends." In general, most couples I see in this situation are broke, and can benefit from hiring one attorney and filing jointly, then getting the divorce done. That presumes you each trust one another to sign the same document under penalty of perjury. Sometimes a joint filing puts your combined income over the median, and unless you can beat the means test, you may be better off filing separate cases. Another benefit of separate cases is that if you are letting the house...

    6 lawyers agreed with this answer

  2. My ex filed for chapter 13 we have a boat loan together we are both on the title. I want to refinance in my name andkeep boat

    Answered 10 days ago.

    1. Allen R Haugrud
    2. Timothy Casey Theisen
    3. Rafael Gil III
    4. Michael J Corbin
    4 lawyer answers

    Probably the simplest thing to do would be to ask his lawyer if he will sign the title over to you. Perhaps you could arrange that & just bring it to the 341 meeting. If they won't cooperate, then you would need to bring a motion for relief from stay, and then, since you'd probably need an attorney to get the stay lifted anyway, I'd suggest you work with an attorney for the next few steps as it's pretty complicated.

    3 lawyers agreed with this answer

  3. My mother died and has one brother as beneficiary on life insurance. He is going to file for bankruptcy. He got the check .

    Answered 6 months ago.

    1. Timothy Casey Theisen
    2. Allen R Haugrud
    3. Derek R. Caldwell
    4. Michael J Corbin
    5. Dorothy G Bunce
    5 lawyer answers

    You are asking two different questions for two different potential clients - first, presuming you paid for the funeral and expect to be reimbursed, what are your rights, and how do you go about disputing the beneficiary designation and the beneficiary's duties? Second, what would the ramifications of signing the insurance check back to the executor be for your uncle? No competent attorney could begin to even spout answers to these questions without first clarifying whose interests are being...

    3 lawyers agreed with this answer

  4. I'm being sued by a creditor. The hearing is scheduled for the 9th of April. Can they take my car or my house?

    Answered 8 months ago.

    1. Joseph Albin Larson
    2. Timothy Casey Theisen
    3. Paul H. Weig
    4. Richard D. Granvold
    5. Steven Mitchell Howie
    6. ···
    7 lawyer answers

    I am presuming that you either filed an answer, and this is a summary judgment motion, or else it's conciliation court. Either way, I presume you have no defense other than inability to pay, and they will get a judgment on April 9. If those assumptions are wrong, the rest of my answer should be disregarded. Under Minnesota law, your house is exempt up to $300k equity, and your car is exempt up to $4500 equity. Even if your car is worth more than that, I've never seen a private creditor try to...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Bank will not modify my loan on a manufactured home as they can find no title to the home.

    Answered 6 months ago.

    1. Timothy Casey Theisen
    2. Ellen K Lawson
    2 lawyer answers

    You need to do some reassessing here. First, find out your market value and balance owed - if you have equity, chances are you should be able to get them accept the payoff and release liens. I believe the issue on the mobile home may be as simple as requesting a duplicate from the Department of Motor Vehicles. On the other hand, if you are upside down, and cannot afford it and cannot modify the mortgage, you might be one of the lucky folks whose paperwork is so screwed up that the bank cannot...

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  6. Can a junior mortgage lender file foreclosure on our home- we are current on 1st mortgage- defaulted on 2nd.

    Answered 18 days ago.

    1. Timothy Casey Theisen
    2. Michael James Wang
    3. Michael A. Kinzer
    3 lawyer answers

    Yes, they can sue you or foreclose, or possibly do both. 99 times out of 100, they will either just sue you, or else wait for you to contact them to pay it off by sale or refinance, & let it accrue interest. It is rare for them to foreclose on a second mortgage. You should contact a bankruptcy attorney about your options of refinancing, renegotiating, loan modification, chapter 13 to save the house, or possibly chapter 7 to surrender the house. In Minnesota, if there's no equity and they...

    2 lawyers agreed with this answer

  7. We took out a second mortgage, home "fix-up fund loan " on 8/8/2007. home was lost due to foreclosure in 2010

    Answered 4 months ago.

    1. Michael James Wang
    2. Kim Christian DSouza
    3. Becky A Moshier
    4. Jesse Anthony Horoshak
    5. Shelley Ann Elder
    6. ···
    8 lawyer answers

    Bankruptcy typically follows a foreclosure when there is a second mortgage. I agree, it makes little sense to pay for a house where you no longer live, particularly when your credit is probably a bit south of the border right now anyway.

    2 lawyers agreed with this answer

  8. Do you have to file business bankruptcy if you have an active judgement against your business and won't be able to pay?

    Answered 6 months ago.

    1. Errin Preston Stowell
    2. Michael J Corbin
    3. Timothy Casey Theisen
    4. Patrick John Hart
    4 lawyer answers

    Because businesses don't get discharged from their liabilities, they only get liquidated, and there are no remaining assets, it would serve little purpose to file corporate bankruptcy. If you are personally liable on any of the debts you may want or need to file personal bankruptcy. Even if you are not personally liable, corporate creditors could depose you to ask about corporate assets, and if you refuse to cooperate you could be held in contempt. But I don't see that very often.

    2 lawyers agreed with this answer

  9. Need to file bankruptcy

    Answered 6 months ago.

    1. Nathan Carr
    2. Richard D. Granvold
    3. Timothy Casey Theisen
    4. Brian Christopher Fetzko
    5. Sandra A Kuhn Esq.
    5 lawyer answers

    I've got to side with your lawyer. The lawyer didn't find about it earlier because you didn't think it was important to tell them. You didn't tell them because you thought it was their job to specifically ask you the question. People don't always think of things such as upcoming income, or upcoming taxes, or pending lawsuits, as assets, but they are. Sometimes filing bankruptcy is a process; if it took a minute to get it done, we wouldn't charge a couple grand to do it. While you might have an...

    2 lawyers agreed with this answer

  10. Can city declare my home an illegal rental if I am not renting it out?

    Answered 6 months ago.

    1. Timothy Casey Theisen
    1 lawyer answer

    That seems odd. Most ordinances about multiple occupants would exclude immediate family members, and even then, one or two tenants is usually considered OK. Moreover, a city employee wouldn't have the right to just give you 14 days notice, you are constitutionally entitled to your day in court regardless of what some bureaucrat says. Are you sure this was actually a city employee, and not just your neighbor's buddy? You might want to call the city, ask for something in writing including the...

    2 lawyers agreed with this answer

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