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"My personal commitment is to
discuss the financial pressures you face and find the
solution that's right for you!"
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. Get free
annual credit reports
NEW BANKRUPTCY
LAW - October 17, 2005
The 2005
Bankruptcy Abuse Prevention and Consumer Protection
Act (BAPCPA) 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.
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CHALLENGES TO THE BAPCPA
Read the recent Court decisions and MY COMMENTS at right.
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The United States Supreme Court will review Milavetz, et
al. v. United States of America during the upcoming 2009-10 term beginning in October.
Bankruptcy
Information
Our firm primarily practices Consumer Bankruptcy.
Here are some typical reasons consumers file bankruptcy
cases:
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.
for a FREE bankruptcy
consultation today!
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We
are a Debt Relief Agency. We help people file
for bankruptcy
relief under the Bankruptcy Code.
BAPCPA
& RECENT
COURT DECISIONS
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NEW BANKRUPTCY
LAW - October 17, 2005
The 2005
Bankruptcy Abuse Prevention and Consumer Protection
Act (BAPCPA) became effective October 17, 2005.
RECENT COURT DECISIONS REGARDING THE BAPCPA
Issues: 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 was heard in Minneapolis in 2008 by the Eighth Circuit Court of Appeals.
Now the United States Supreme Court has decided to review the case during the upcoming 2009-10 term beginning in October.
On June 8, 2009, the Court agreed to hear the case and the challenges by the parties as to all the issues decided by the
Eighth Circuit Court of Appeals. Oral argument is set for December 1, 2009. By June 2010 we should have the final ruling on the constitutionality of BAPCPA.
Important documents and my comments below:
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