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Craig William Andresen
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Craig Andresen’s Answers

44 total


  • Do we need a lawyer and which will be best for us 13 or 7? Also what is the average lawyer fees for a 13 or a 7? thank you

    We are trying to figure out if we should file 13 or 7 bankruptcy - We owe back taxes and are behind on our Mortgage and do not want to lose the house. We have about $30,000 in debt along with student loans. The other question is do you need a law...

    Craig’s Answer

    Chapter 7 will get rid of the $30,000 in debt but it won't help with back house payments, back taxes or student loans. Chapter 13 allows you to resume regular house payments, catch up on overdue mortgage payments over five years, catch up on back taxes over five years, and postpone payments on student loans and the $30,000 while you do these things. In fact you might even discharge the $30,000 in chapter 13 depending on your income level. It is a practical impossibility to file chapter 13 without a lawyer.

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  • Is that legal in Minnesota? Is there no statue of limitation?

    It seems I have a judgement against me that will be garnishing my wages and I did not know they had gone to court. I have never received any documentation of the debt and the garnishment notice has a date for the judgement of 2006.

    Craig’s Answer

    Mr. Weig has provided an excellent answer to your question. If you were never served with the initial Summons and Complaint, the judgment was not validly obtained. You can make a motion to vacate the judgment, under Rule 60 of the Minnesota Rules of Civil Procedure. Look at the court's file by going to the courthouse or use the Minnesota court system online tool to see the Affidavit of Service. That is how you should start.

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  • Are we required to acknowledge this mortgage at closing, and satisfy the debt, with proceeds, from the sale of the property?

    Hello, My wife and I filed Chapter 7 Bankruptcy, in 2009. We re-affirmed a few things, including both mortgages, on our primary residence. Or so we thought. We weren't receiving statements from the bank that holds the second mortgage. So my wife...

    Craig’s Answer

    Yes, you have to pay the second mortgage when you sell. Chapter 7 gets rid of your personal duty to pay the mortgage but not the nature of the mortgage as a lien on the property.

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  • Being sued by unemployment after filing for bankruptcy.

    I recently filed for bankruptcy and had my 1st court date. Now I received a summons that I'm being sued by Unemployment for overpayment. Is it too late to try to set up a payment plan with them? My bankruptcy lawyer is not helpful at all and I've ...

    Craig’s Answer

    It is common for lawyers at bankruptcy "mills," or inexperienced lawyers, to tell Minnesota clients that the lawyer cannot help with a bankruptcy court lawsuit filed by the Minnesota Department of Economic Security. However, in my 27 years of practice in Minnesota, I have discovered several effective defenses to these lawsuits. I routinely charge my bankruptcy clients who have this problem an extra fee to file an answer and defend these cases. I have without exception obtained excellent results for the client by doing this.

    Invariably, the opposing attorney is one Rory Hunter, an attorney from the Minnesota Attorney General's office.

    The defenses are: the overpayment of benefits was not the result of fraudulent conduct, because the computer screen you used to apply was ambiguous; the overpayment was not your fault but was the result of subsequent reversal of benefits; the Department cannot prove its case because the computer screen you used is not available to be introduced into evidence, they only have a summary of the info they think was displayed on the screen; the penalty is punitive in nature and thus is dischargeable under the case law interpreting section 523(a)(7); and the Department is not entitled to interest or penalty on the overpayment absent a written agreement that you pay such charges, and they don't have such a signed agreement.

    Regardless of what transpired to produce the overpayment, you can get the amount they are claiming knocked way down.

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  • Is she automatically responsible for half of the debt? Will it be best for her to file for bankruptcy as a couple, then divorce?

    Two years ago my daughter moved back to MN from NC and separated from her husband. While living in NC, he was not working, had no insurance, incurred medical bills in excess of $100,000, and maxed their credit card at $8,000. They both now live ...

    Craig’s Answer

    I don't think it is possible for your daughter to really know what to do. It is possible that her husband's medical bill creditors don't know he is married, and thus they will never chase her for those debts. Unless your daughter is going to triple her income in the near future, it might be best for her to wait, get divorced, and see the medical creditors try to collect from her later. I don't think they will.

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  • How come these Scams are able to keep scamming people if you know that it is totally false?? It seems like the world is set up

    Got email with Subject line FINAL NOTICE IND YOUR WARRANT COPY :- Attorney: - Thomas Harrison Number: - (918) 895 4524 Bureau of Defaulters Agency - FTC Incorporation. This is to inform you, that you are going to be legally prosecuted in th...

    Craig’s Answer

    You ought to call a lawyer who specializes in suing collectors for violations of the federal Fair Debt Collection Practices Act. That way you get paid money from having received this unlawful communication, and you get to punish the miscreants at the same time. Type "FDCPA lawyer Minnesota" into Google and you will be well on your way to doing everyone a big favor. In six months, repost here about what happened so we can all read about it. No, I am not kidding about this. Good luck.

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  • Bankruptcy and awarded settlements

    I lost my job recently and in the process of suing for FMLA retaliation. Nothing hasn't been settled yet, but I am expected to be awarded something. Somewhere around $60,000. As a result of losing my job I am having to file personal bankruptcy. Wi...

    Craig’s Answer

    If you file chapter 7, section 522(d)(11)(E) of the bankruptcy law says you do not lose an award of damages that was designed to compensate you for wage loss. If you file chapter 13, you probably would have pay that money into the plan. Therefore, file chapter 7 now and avoid chapter 13 like the plague.

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  • I am filing Bankruptcy prior to small claims hearing. What will happen after I file Bankruptcy during small claims hearing?

    I am currently have a small claims hearing set in January of 2016. I am in process of filing for bankruptcy and it will be prior to the hearing. What will happen to the small claims case that was filed against me? I am still planning on going to t...

    Craig’s Answer

    It would probably be good to file the bankruptcy before the hearing in small claims court -- that way, you can inform the small claims court, in advance, that the hearing there should be "stayed" by the bankruptcy, meaning the hearing cannot happen. Then the next move will be up to your ex, who will have 60 days from the creditors meeting to object to the bankruptcy or object to the discharge of that particular debt. Such an objection is unlikely to happen. If it does, then you defend that in bankruptcy court.

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  • Is what my employer doing legal?

    SSA has garnished my check. I filed Chapter 13 bankruptcy. Four weeks after filing, my wages continued to be garnished. I served my HR department with the bankruptcy filings and demanded that they stop garnishing my check. Even with the fede...

    Craig’s Answer

    • Selected as best answer

    Your lawyer should inform the SSA that if they don't stop garnishing, you will sue them in bankruptcy court.

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  • Must I file a response to a Chapter 13 confirmation objection? Or can I wait until the hearing to address the objection?

    I recently filed a Chapter 13. One of the creditors filed an objection to my Plan confirmation. Can I wait until the the confirmation hearing to address the objection? Or do I risk automatic denial of the confirmation of my Plan if I do not fil...

    Craig’s Answer

    You need to file a written response to the objection, by the deadline specified in the objection, and serve it by mail on the required parties on time. You need to appear at the hearing and argue in favor of the plan you filed. It is best to have a lawyer do all this. What is the legal basis for the objection?

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