Craig William Andresen’s Answers

Craig William Andresen

Bloomington Bankruptcy Attorney.

Contributor Level 6
  1. There was an order dismissing my Chapter 13 case without prejudice.

    Answered about 2 months ago.

    1. Craig William Andresen
    2. Derek R. Caldwell
    3. Timothy Casey Theisen
    4. Richard L. Blumenthal
    5. Sandra A Kuhn Esq.
    6. ···
    6 lawyer answers

    You may file a new case right away, but if you do that, you will have to file a motion to extend the stay immediately. Instead of filing a new case, you should file a motion under Rule 60 seeking an order vacating the order dismissing the case -- that way, you won't have a problem with the stay expiring a second case. Getting the case reinstated is the way to go.

    Selected as best answer

  2. My husband and I filed bankruptcy in 2005. At the time of filing we did not know that his dad listed him on a Life Estate with

    Answered 6 months ago.

    1. Craig William Andresen
    2. James C. Whelpley
    3. Timothy Casey Theisen
    3 lawyer answers

    If you did not list your husband's ownership of the life estate in the bankruptcy schedules (the papers filed with the bankruptcy), you should contact your bankruptcy lawyer right away and tell him or her about the omission. You must have your lawyer immediately reopen the bankruptcy case to amend Schedule A to list the life estate. This is true even if by now, the life estate has become a full fee simple ownership of the land, as it appears to have become. You can also claim an exemption of...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Bankruptcy help and questions

    Answered 4 months ago.

    1. Craig William Andresen
    2. Errin Preston Stowell
    3. Timothy Casey Theisen
    4. Michael J Corbin
    5. Richard Glenn Elie
    5 lawyer answers

    The first step in investigating whether bankruptcy can help you is to read a few bankruptcy lawyer websites; reading my website, www.cwalaw.com, would be a good place to start. Talk on the phone and meet with a bankruptcy lawyer. Pretty much all of us do a free consultation. Remember, there is nearly always a legal solution to financial problems. Put aside your worry and talk with a lawyer -- you will feel better after doing that. Don't go through Christmas-time burdened with fear over...

    4 lawyers agreed with this answer

  4. Would Railroad Retirement Social Security Equivalent Benefits be excluded/exempt in a chapter 7 bankruptcy means test??

    Answered 5 months ago.

    1. Craig William Andresen
    2. Waymon S. Harrell
    3. Michael J Corbin
    4. Gary D. Bollinger
    5. Derek R. Caldwell
    6. ···
    6 lawyer answers

    Railroad Retirement benefits would be exempt in the sense that you would not lose them as part of the bankruptcy, but it is an open question in Minnesota whether such benefits would be excluded from being counted as income for the means test. Rather than focusing on whether these are income under section 101(10A) of the bankruptcy code, instead you should focus on whether you would pass the means test even if the benefits are counted as income. The vast majority of persons who are subject to...

    4 lawyers agreed with this answer

  5. Can you use a credit card to pay for legal fees when filing bankruptcy

    Answered 8 months ago.

    1. Becky A Moshier
    2. Craig William Andresen
    3. Brian Christopher Fetzko
    4. Rachel Therese Schromen
    5. Shelley Ann Elder
    6. ···
    8 lawyer answers

    Section 526(a)(4) of the bankruptcy code states that a lawyer may not advise a client to incur a debt in order to pay the lawyer's fees for the bankruptcy. Also, charges on a credit card incurred just prior to the bankruptcy might be found to be non-dischargeable. This is why a lawyer won't let you charge the bankruptcy attorney fees on your own credit card.

    4 lawyers agreed with this answer

  6. Is There Derogatory Impact on Student Loan Cosigner when Borrower Files Bankruptcy?

    Answered 8 months ago.

    1. Craig William Andresen
    2. Shelley Ann Elder
    3. Nathan D McKinney
    4. Sandra A Kuhn Esq.
    5. Richard D. Granvold
    6. ···
    6 lawyer answers

    Once your sister cosigned your student loan, she and you became equally responsible for payment of the student loan. Therefore, your bankruptcy filing cannot shift the obligation over to her, because she was already equally obligated with you to make payments. Of course, if you make the payments, she will never have to make them herself, and if you pay on time, her credit report will never say that the student loan was in default. All of these things are true whether or not you file for...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Bankruptcy questions

    Answered 9 days ago.

    1. Craig William Andresen
    2. Becky A Moshier
    3. Michael J Corbin
    4. Scott Benjamin Riddle
    5. Mark Markus
    5 lawyer answers

    In either a chapter 7 or chapter 13 bankruptcy, the important question is whether your trust contains a "spendthrift clause." If so, then you will not lose your ownership of the trust in either kind of bankruptcy. The bankruptcy law's section 541(c)(2) says that the validity of a spendthrift clause in a bankruptcy proceeding is a question of state law (here this would be Minnesota law). It is likely that you should consult with a bankruptcy lawyer who is familiar with Minnesota's spendthrift...

    3 lawyers agreed with this answer

  8. Can I include my roommate as a household member for Chapter 7 Means Test purposes?

    Answered about 2 months ago.

    1. Timothy Casey Theisen
    2. Craig William Andresen
    3. Michael J Corbin
    4. Dorothy G Bunce
    4 lawyer answers

    I don't like to answer a question in this forum by saying there is no sure answer, but this is one the rare questions that can only be answered by taking into account every aspect of your income and other financial information, and that of your roommate as well. The simple answer is yes, but whether it is wise or even necessary is a whole different question. If you really need an answer, read bankruptcy code section 101(10A) and all the cases interpreting that section, especially In re...

    3 lawyers agreed with this answer

  9. Can my ex file chapter 7 bankruptcy on the house I and his three kids currently live in? I'm paying all mortgage payments-timely

    Answered about 2 months ago.

    1. Richard D. Granvold
    2. Craig William Andresen
    3. Dorothy G Bunce
    4. Tricia Dwyer
    5. Michael J Corbin
    6. ···
    11 lawyer answers

    It is very likely that you will be able to keep the house, as long as you continue to make the mortgage payments. If you want to be completely sure, ask your divorce lawyer about this, but you almost certainly will be okay if you just keep up the payments.

    3 lawyers agreed with this answer

  10. I need help to do an application for discharge of judgment

    Answered 7 months ago.

    1. Jesse Anthony Horoshak
    2. Craig William Andresen
    3. Paul H. Weig
    4. Richard J Pearson
    5. Shelley Ann Elder
    5 lawyer answers

    The lawyer who represented you in your bankruptcy will know how to obtain the discharge of the judgment. He or she may even be able to persuade the lawyer for the judgment creditor to do this by agreement. For me, that works about half the time. Getting the judgment discharged is only difficult if you try to do it without a lawyer.

    3 lawyers agreed with this answer

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