Craig William Andresen’s Answers

Craig William Andresen

Bloomington Bankruptcy Attorney.

Contributor Level 4
  1. 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 about 1 month 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

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

    Answered about 1 month 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

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

    Answered 4 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

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

    Answered 4 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

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

    Answered 3 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

  6. I got couple credit card while in chapter 13 repayment plan and used car loan

    Answered about 1 month ago.

    1. Craig William Andresen
    2. Allen R Haugrud
    3. Brian Michael Glodosky
    4. Paul Elliot Ross
    5. Derek R. Caldwell
    5 lawyer answers

    You have no reason to worry. "Auditing the case" simply means the chapter 13 trustee will be auditing his own records of payments to your creditors, and verifying that you have completed all your payments under your chapter 13 plan. Then you will get a discharge of all your debts. It is no crime to incur debts during a bankruptcy case. However, you should call your lawyer to see whether converting to chapter 7 to discharge the debts incurred during the chapter 13 is a good option for you.

    2 lawyers agreed with this answer

  7. How do I tell if a law office is legit and will really help me deal with my bank to get a real loan modification?

    Answered 3 months ago.

    1. Craig William Andresen
    2. Michael James Wang
    3. Kim Christian DSouza
    3 lawyer answers

    The mortgage modification business is occupied almost solely by scam artists who have no brick-and-mortar office in which to meet with customers or clients. If you were solicited by telephone by a law firm offering mortgage modification services, you probably are being scammed. Rule 7.3 of the ethics rules makes telephone solicitation of potential clients unethical in every state. You are better off contacting a lawyer (probably a bankruptcy lawyer) near you, that can meet with in a...

    1 lawyer agreed with this answer

  8. Can a student loan lender confiscate your building lot, if they have a judgement against you in the state of Minnesota.

    Answered 4 months ago.

    1. Paul H. Weig
    2. Craig William Andresen
    3. Maury Devereau Beaulier
    4. Shelley Ann Elder
    4 lawyer answers

    Under Minnesota law, Minn. Stat. sec. 510.01, the land that you own and occupy is exempt from a judgment creditor. Because your son is not occupying the property, it can be seized to pay the debt.

    1 lawyer agreed with this answer

  9. Once the bank has sent the file to the foreclosure attorney, how soon is a sale date set?

    Answered 5 months ago.

    1. Craig William Andresen
    2. Timothy Casey Theisen
    3. Michael James Wang
    3 lawyer answers

    The foreclosure sale will be scheduled only after the mortgage company's lawyer gives you thirty days to ask for verification of the debt. After that, their lawyer schedules an advertisement to run in your county's legal newspaper. The ad must run for six weeks before the sheriff's foreclosure sale date. Your mortgage company's lawyer may be unusually busy, or any number of other reasons could be causing the lawyer to hold off on scheduling a foreclosure sale.

    1 lawyer agreed with this answer

  10. Can I use foreclosure to force the court to look at my loan/lien and have it invalidated?

    Answered 2 months ago.

    1. Barry W. Rorex
    2. Craig William Andresen
    2 lawyer answers

    I think you have two choices. First, you can hire a lawyer to investigate whether you should sue the entity that sold you the wrong mobile home. This will probably cost a few thousand dollars. Second, and more likely affordable for you, you can file a chapter 13 to cram down the loan balance, so that you only owe the fair market value of the trailer home. This could drastically reduce what you have to pay to keep the trailer home, and it will address your other debts too. Talk with a...

Call now for a free consultation.

952-831-1995