Craig W. Andresen is a consumer bankruptcy lawyer in Bloomington, Minnesota, with 22 years’ experience in consumer and small business bankruptcy cases. He is the Minnesota chair of the National Association of Consumer Bankruptcy Attorneys, and is a member of the Minnesota State Bar Association’s Bankruptcy Section. Mr. Andresen lectures often on the topic of consumer bankruptcy at local and national legal seminars.

 

Author: Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

22 May Minnesota Property Tax Refunds Not Exempt in Bankruptcy, Appeals Court Says

Reversing the Minnesota bankruptcy court, an intermediate federal appeals court ruled that a property tax refund owed to a bankrupt homeowner cannot be claimed exempt.Manty v. Johnson (In re Johnson), No. 13-6050 (8th Cir. BAP April 22, 2014). The appeals court said that the bankruptcy court...

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02 Mar Bankruptcy Means Test: Student Loans Used to Obtain Dentistry Degree Not “Consumer Debts” Under Section 707(b)

The 2005 Bankruptcy Reform Act's "means test" for chapter 7 bankruptcy filers was weakened by a recent ruling from a Texas bankruptcy court. Under this ruling, student loans incurred for the purpose of obtaining a professional degree to be used in business are not "consumer...

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29 Nov After-Acquired Property in Chapter 13: Whether to Amend the Schedules is No Longer in Doubt

Debate has long raged over the question whether property acquired by a chapter 13 debtor after the initial case filing must be listed in the bankruptcy papers by amending them. Two recent appeals court cases appear to have made clear that amendment of the bankruptcy...

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30 Sep Attorney-Client Privilege Doesn’t Apply in Chapter 7, Florida Bankruptcy Court Rules

A Florida bankruptcy court ruling just made it harder for a debtor to claim that the things she tells her bankruptcy lawyer are protected by the attorney-client privilege. In re Smith Cutuli, No. 11-35256-BKC-AJC (Bky.S.D.Fla. Sept. 13, 2013), held that upon the filing of a...

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04 Sep Health Savings Accounts Not Exempt in Bankruptcy

A health savings account (HSA) belonging to a Mounds View, Minnesota, police officer was not exempt in bankruptcy, the 8th Circuit Bankruptcy Apellate Panel ruled. The appeals court upheld the bankruptcy court's order thatin Minnesota, anHSA is property of the bankruptcy estate pursuant to 11...

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