Legal Question in Bankruptcy in Minnesota

How much total debt do you have to be in to go bankrupt, and what debts are included? Is it better to divorce before or after?

Asked on 1/23/14, 6:11 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

How much debt? The bankruptcy code has no minimum. There are maximums for Chapter 13, however. Usually I tell people that if their unsecured debt equals half or more of their annual gross, they need a bankruptcy - because it's not possible to pay that kind of debt in one lifetimes.

What debts are included? All of them. You can't pick and choose. All must be listed. Not all will be discharged. Student loans for example usually will not go away. And secured creditors usually keep their security.

Divorce before or after? There is no one size fits all answer to this question.

Good luck.

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Answered on 1/23/14, 7:14 am

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