fresh start Archives - Better Call Dave

April 14, 2023May 2, 2023

Big Bump in Median Incomes April 2023

By Dave Kelly, Minnesota Bankruptcy Attorney

Qualifying for a Straight Bankruptcy

The most common type of bankruptcy is Chapter 7. It also tends to be the most desirable form of bankruptcy. Often it is referred to as “straight bankruptcy.” It is the type of bankruptcy where usually you can get rid of all your unsecured debt in just a few months with minimal cost. There is typically no payment plan, just relief from your debt.

The best way to qualify for a Chapter 7 is to have annual income below the median for your household size in your state. If your income is a bit higher than that, you might still be able to qualify by passing a means test; but the means test is not all that easy. I would prefer to have your income below the median if we are going to do a Chapter 7. If it is much above the median, I would probably suggest a Chapter 13.

Meidan Income – A Moving Target

The US Trustee’s office has just announced the biggest increase in Minnesota median incomes for bankruptcy purposes that I can remember seeing. I calculate that the increases are around 8% for all the household sizes between one and four. Since these increases are supposedly based on a six month period, they seem to be thinking that median incomes in Minnesota have been increasing by 16% on an annual basis. I find that hard to believe, but I won’t complain.

Most years the median income numbers are adjusted on April 1st and again on November 1st. Sometimes they all go up, sometimes they all go down, sometimes the ups and downs are mixed, and sometimes they don’t change at all. Every state is different and is assigned their own set of numbers.

Latest Numbers for Minnesota

Here’s the exact Minnesota numbers as of the recent update copied from my Chapter 7 page:

One person: $ 71,643

Two people: $ 90,946

Three people: $ 114,267

Four people: $ 141,324

Add $9,900 for each individual in excess of4

For a household of one the increase is $5,309 per year. For a household of two it’s a $6,739 per year increase. It’s $8,467 for a household of three, and $$10, 472 for a household of four. If you thought you didn’t qualify for a Chapter 7 before, take another look. These numbers could make a big difference.

Call or text me at 952-544-6356. We can set up a time for a free telephone consultation to talk over the details of your case.

December 30, 2022February 24, 2023

Eight Deleted Five Star Google Reviews

By Dave Kelly, Minnesota Bankruptcy Attorney

Now What? My Reviews are Disappearing!

After going for a couple of years without any of my Google reviews disappearing, I noticed that some were being removed starting November 15, 2022. As soon as I saw that a purge was in progress, I attempted to create a printout of all my reviews so I would have a record of what was disappearing. After the smoke settled, I went to review the printout. To my disappointment I saw that I had only captured the first couple lines of each review. Except for one, which I had already reproduced in full on my reviews page, the full text of the missing reviews was irretrievably gone. In total since November 15th I have lost nine reviews. What follows is a summary of the opening lines from eight of those reviews which I regret, except for one, is all I managed to preserve:

“Honestly, I don’t even know where to start with my review because there were so many incredible things about my experience with david Kelly. He came into my life during an extremely stressful time and managed to make me feel 90% better….”
“I definitely recommend anyone going through bankruptcy to go with Dave Kelly as their lawyer. He was professional in answering our questions and gave us a straightforward and thorough overview of the bankrupty process. ..”
I cannot express how satisfied and appreciative I am with the work of Dave. I started my online search for a great attorney and that is what I found. Dave’s website and YouTube videos were extremely helpful and very thorough. I have to say …..”
“David is a fantastic attorney. I had previously spoke with one of the larger firms in the area and did not like the way they moved the cases through very quickly and did not seem very personal to talk with. I felt like the larger firm only ….”
“Dave worked on my Chapter 13 bankruptcy with me. Filing for bankruptcy was one of the least comfortable things I’ve ever had to do. Bankruptcy was not something I came to lightly, I tried everything I could think of on my own before I …..”
“I was very lucky to get a lawyer that was Professional as well as someone who really cared about helping me out. I don’t believe that anyone wants to get a bankruptcy ever. It a little embarrassing, even in bad times that you can’t pay your ….”
“He was very professional and understanding of my situation. He was never pushy and always communicated very well. He never made me feel stupid or ashamed for filing and also made it very welcoming and comfortable. I’d highly recommend David to anyone who is considering filing. You won’t be disappointed.”
“David has the experience and decades of knowledge and proven results that got me through the process (with ease) of my chapter 7 bankruptcy.”

Quirky Standards and Requirements

Over the years I have lost well over 100 reviews which disappeared into Google’s bit bucket. Sadly they had all given me five stars. They can’t be retrieved. They are gone forever. Google seems to have very strict standards as to what reviews it allows to be posted. Some reviews are only there for a day or two before Google deletes them forever. Others can stay up for several months or even a couple of years before they disappear.

A couple of clients have given me five stars and posted simply “Thank you Dave.” Google didn’t like that and instantly removed their reviews, almost before I had a chance to notice. Another client kept having his review removed because he could not refrain from putting in too many superlatives about how great he thought I was. Webster defines “superlative” as an “exaggerated expression especially of praise.” What Google seems to be looking for in a review is a simple, toned down statement of what your experience was.

Most Common Reason Reviews Disappear

The reasons a Google review may disappear are certainly many. But the single most common reason seems to be lack of activity on the reviewer’s Google account. If you set up a Google account, use it to post a review, and then use that account for nothing else ever, the folks at Google will delete the account for inactivity after a year or two. Once the account is deleted, the reviews posted with that account are gone as well.

Only Speculation

I can only speculate as to why the reviews are gone. My comments about superlatives and everything else above is just a guess. I’ve been complaining to Google. All I get is an automated response that doesn’t really tell me anything. Words like heartless and cruel come to mind. All I can say is that it s painful to see this happening. These were people who I knew and cases I cared about.

April 20, 2019October 19, 2020

Best Way to Pay for a Bankruptcy is a Tax Refund

By David J. Kelly, Minnesota Bankruptcy Attorney

The Minnesota bankruptcy filing statistics are out for the month of March. Year over year, March of 2019 shows 70 fewer bankruptcy filings than there were in March of 2018. In March of 2018 there were 998 bankruptcy cases filed in Minnesota, but this year in March 2019 it was only 928. March has always been the month in which the greatest number of case are filed – in my opinion that’s because people have tax refund money they can use to pay their lawyers. Why is it down this year? My best guess is it”s those lower tax refunds everyone has been talking about. I see my clients having bigger pay checks because their withholding is less, but they are also having lower tax refunds. Since tax refunds are considered to be an asset, a lower refund can be a good thing once the bankruptcy case is filed.