"My personal commitment is to discuss the financial pressures you face and find the solution that's right for you!"   NEW BANKRUPTCY LAW - October 17, 2005 The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act became effective October 17, 2005.  Debtors now need to obtain a briefing (credit counseling) and obtain a Certificate before filing bankruptcy.  A list of approved credit counseling agencies can be obtained from the U.S. Department of Justice Web site.   PARTS OF NEW BANKRUPTCY ACT DECLARED UNCONSTITUTIONAL In his December 7, 2006, Decision, United States District Judge James M. Rosenbaum declared portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") unconstitutional.  In a subsequent Order dated April 19, 2007, Judge Rosenbaum granted summary judgment to the Plaintiff, holding as unconstitutional the section which provided attorneys could not advise bankruptcy debtors to incur additional debt prior to filing.  Additionally, the provision requiring attorneys to advertise themselves as "Debt Relief Agencies" was also held to be unconstitutional. The case is now on appeal and oral argument is scheduled to be heard in Minneapolis on March 11, 2008 by the Eighth Circuit Court of Appeals. -- Stay tuned-- Read all my comments on Judge Rosenbaum's decision Read full text of Judge Rosenbaum's 12-7-06 Order. Read full text of Judge Rosenbaum's 4-19-07 Order With over 20 years of experience, The Law Offices of Wayne Nelson provides legal services and personal attention to individuals and businesses. Our main office is in Golden Valley. We also have offices where we can meet with clients in the areas of Anoka, Bloomington, and Edina. We offer FREE consultations. Evening and weekend appointments are available.   We can answer your bankruptcy questions: What is the difference between Chapters 7, 11, & 13? Will I lose my home? Will I be able to receive credit again? CLICK HERE to download our Bankruptcy Questionnaire. CLICK HERE to download our Bankruptcy Brochure. CLICK HERE to order your free credit report.  Minnesotans can now get free annual credit reports from the three nationwide credit bureaus. Our firm primarily practices Consumer Bankruptcy. Here are some typical reasons consumers file bankruptcy cases: Chapter 7 Cases: Driver License, Divorce, Business Failure, Job Loss Chapter 13 - Wage Earner Plan Bankruptcies: Mortgage Arrears, Taxes, Automobile Loans    CHAPTER 7 CASES Drivers License | Under Minnesota Statute § 171.182 a drivers license can be suspended in Minnesota as a result of a judgment incurred while driving an uninsured vehicle. Chapter 7 bankruptcy can be used to discharge the judgment debt and to get the drivers license back. Divorce | A marital dissolution rarely occurs without a devastating financial impact. Sometimes bankruptcy makes the divorce go smoother after debts are dealt with in a joint bankruptcy filing. Business Failure | An individual whose business has failed is often forced into bankruptcy. Job Loss | The loss of employment for even a short period of time can cause an individual or family to get substantially behind on bills.    CHAPTER 13 - WAGE EARNER PLAN BANKRUPTCIES Mortgage Arrears | A chapter 13 case can be used to catch up on mortgage payments and stop the foreclosure process. Taxes | A chapter 13 bankruptcy can stop penalties and interest and enable you to pay the taxes at an affordable monthly rate. Automobile Loans | Chapter 13 can be used to pay an auto loan through the plan at times when the lender is threatening repossession. Sometimes it is also possible to retrieve a vehicle which has been repossessed. Call 763.591.1355 to schedule an appointment  for a FREE bankruptcy consultation today!