Since the start of the coronavirus pandemic in the United States, thousands of individuals have been laid off when government shutdowns required businesses to close. While many have returned to work, there is a large population still suffering the effects of job loss and the debts accrued during that time. If you are struggling to meet debt payments each month due to a layoff, filing for bankruptcy will likely help you find much needed permanent debt relief and long-term financial stability. Behm Law Group Ltd. is one of the only law firms specializing exclusively in bankruptcy cases in southern Minnesota. Our attorneys provide legal services for those filing for Chapter 7, 12, or 13 bankruptcy. With our help, you can file a strong case and permanently resolve your financial issues for effective debt relief in Fairmont, MN, and the surrounding area.
The most important factor to consider after a layoff is how to distribute your funds. If you plan on filing for bankruptcy, use your income for essential items like food, gas, and utilities and mortgage and vehicle loan payments. The debts that accrue with your credit card bills, medical debts, past due utility bills and other such debts can be addressed and fully discharged when you eventually file for bankruptcy.
You will not be penalized for prioritizing and paying certain debts for essential things, such as your homestead mortgage payment, over other debts that are not essential. Generally speaking, you should not spend money on items like gambling or fancy vacations to foreign countries. You should also not be paying friends or relatives on debts that you owe to them. The bankruptcy trustee administering your bankruptcy case will review your bank account statements and other financial documentation. The trustee could sue any friends or relatives you may have paid and recover the money you paid them for the benefit of your creditors.
Most people who have been laid off and had a lack of sufficient income for that time period choose to file for Chapter 7 liquidation bankruptcy. This chapter provides significant debt discharge in many cases, but only those with incomes below the state median or average income for a similarly-sized household will qualify. When you file your petition, the past six months of your earnings are analyzed to determine if you qualify for Chapter 7 bankruptcy. If you were recently laid off from a well-paying job, you may not be able to qualify for Chapter 7, but you can instead opt to file Chapter 13. However, sometimes you can still qualify for a chapter 7 bankruptcy even though you’ve had a high paying job, you’ve been laid off from that high paying job and your income has been higher than the state average income for a household of similar size. For instance, if you’re receiving unemployment compensation or your re-employment prospects are not encouraging you may still be able to qualify for a chapter 7 even though your income level was previously quite high.
Chapter 13 restructures debts into a three- to five-year repayment plan that is suited to your income. Whatever balances of your unsecured debts remain at the conclusion of your chapter 13 plan will be discharged. If you had debts with the Internal Revenue Service (IRS) or the Minnesota Department of Revenue (MDR), the principal of those debts would be paid in full. If you have just been laid off and your last six months of income prevent you from qualifying for Chapter 7, thus pushing you to file for Chapter 13, you may find that down the line a continued decreased income or ongoing diminishment of income will change your ability to meet your repayment plan requirements. Chapter 13 Trustees allow chapter 13 plans to be altered or modified when income changes are experienced during the three- to five-year plan repayment period to accommodate this reality.
To learn more about filing for bankruptcy and getting debt relief after a layoff in Fairmont, MN, and the surrounding region, contact Behm Law Group Ltd. by calling (507) 387-7200 or emailing stephen@mankatobankruptcy.com today.
