Minnesota Bankruptcy FAQ
Answers to common questions about Chapter 7, Chapter 13, the automatic stay, and adversary proceedings from Minnesota bankruptcy attorney Nathan M. Hansen.
Common Bankruptcy Questions
Will I lose my house or car if I file bankruptcy?
Most people keep their home, vehicle, and household goods. Bankruptcy exemptions protect a large amount of property, and Chapter 13 can help you keep property you are behind on.
How long does Chapter 7 bankruptcy take?
Most Chapter 7 cases are finished about three to four months after filing.
Can bankruptcy stop a garnishment, foreclosure, or lawsuit?
Yes. Filing triggers the automatic stay under 11 U.S.C. § 362, which stops most garnishments, collection lawsuits, and foreclosure sales.
What is an adversary proceeding?
An adversary proceeding is a lawsuit filed in bankruptcy court as part of a bankruptcy case, such as an objection to discharge, a dischargeability claim, or a preference or fraudulent transfer claim.
I’ve been sued in bankruptcy court. What should I do?
Act quickly. An answer to an adversary complaint is usually due 30 days after the summons is issued, and missing the deadline can lead to a default judgment. Call 651-704-9600.
What is a motion to lift the automatic stay?
It is a request asking the bankruptcy court to let a creditor, landlord, or other party move forward with a foreclosure, repossession, eviction, or lawsuit despite the bankruptcy. We file these motions and oppose them.
Do you handle cases outside Minnesota?
Yes. We handle adversary proceedings in the bankruptcy courts for the District of Minnesota, the District of North Dakota, and the Western District of Wisconsin.
Is the consultation free?
Yes. Bankruptcy consultations are free, and evenings and weekends are available by appointment.