Minnesota Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of Minnesota.
If you are not looking for information regarding Minnesota, please use the links on the left to find information for your state.
- Courts - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling and Debtor Education Agencies
- Minnesota Attorneys
- Other Bankruptcy Minnesota Resources
Bankruptcy Courts - Location and Contact Information
Minnesota bankruptcy courts consist of one district, which is further divided into several divisions. Generally, the debtor’s county of residence will determine which division the bankruptcy petition is filed. It may also be determined by the location of the debtor’s principal place of business or principal assets.
COUNTIES OF JURISDICTION:
Duluth or St. Paul Divisions – Benton, Kanabec, Mille Lacs, Morrison
and Pine Counties
Duluth Division – Aitkin, Carlton, Cass, Cook, Crow Wing, Itasca,
Koochiching, Lake and St. Louis Counties
St. Paul Division - Blue Earth, Brown, Chisago, Cottonwood, Dakota,
Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, Jackson, Lac
Qui Parle, LeSueur, Lincoln, Lyon, Martin, Mower, Murray, Nicollet,
Nobles, Olmsted, Pipestone, Ramsey, Redwood, Rice, Rock, Scott, Sibley,
Steele, Wabasha, Waseca, Washington, Watonwan, Winona and Yellow
Medicine Counties
Fergus Falls or Minneapolis Division – Stearns County
Minneapolis Division – Anoka, Carver, Chippewa, Hennepin, Isanti,
Kandiyohi, McLeod, Meeker, Renville, Sherburne, Swift and Wright
Counties
Fergus Falls Division – Becker, Beltrami, Big Stone, Clay, Clearwater,
Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen,
Marshall, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau,
Stevens, Todd, Traverse, Wadena and Wilkin Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Duluth Division |
U.S. Bankruptcy Court 416 U.S. Courthouse 515 West First Street Duluth, MN 55802 |
Same | (218) 529-3600 |
| St. Paul Division |
Closed until mid-2008 for remodeling All filings and correspondence should be directed to Minneapolis location. |
||
| Minneapolis Division |
U.S. Bankruptcy Court 301 U.S. Courthouse 300 South Fourth Street Minneapolis, MN 55415 |
Same |
(612) 664-5200 |
| Fergus Falls Division |
U.S. Bankruptcy Court 204 U.S. Courthouse 118 South Mill Street Fergus Falls, MN 56537 |
Same |
(218) 739-4671 |
Minnesota Bankruptcy Laws and Exemptions
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
Minnesota bankruptcy law allows residents to use either the federal set of exemptions or state exemptions.
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Click the following links to view common bankruptcy exemptions pursuant to Minnesota state law: real estate, personal property.
Contact a Minnesota bankruptcy lawyer for more information regarding Minnesota bankruptcy exemptions.
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income
(calculated using the average gross income for the six month period
prior to filing) must be below the state median.
Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .
Minnesota Credit Counseling and Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Minnesota must:
1. take a credit counseling course from an approved Minnesota credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved Minnesota debtor education agency prior to receiving a bankruptcy discharge.
Minnesota Personal Bankruptcy Attorneys
To find bankruptcy lawyers in your area, you may want to contact your local district bar association or the Minnesota State Bar Association:
Minnesota State Bar Association
600 Nicollet Mall #380
Minneapolis, MN 55402
(612) 333-1183
Toll Free (800) 882-6722
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Minnesota Legal Services Coalition's website for a list of organizations that provide legal services to low income clients in Minnesota.
If you are concerned about the representation provided to you
by your attorney, contact the Minnesota Office of Lawyers Professional
Responsibility Board.
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Resources for Minnesota Bankruptcy Laws
U.S. Bankruptcy Court for the District of Minnesota - administrative and procedural information for Minnesota bankruptcy filings
Office of the U.S. Trustee for Region 12 - oversees the administration of Minnesota personal bankruptcy cases and case trustees
Minnesota State Bar Association - information about the Minnesota bar, membership, ethics, continuing legal education, and resources for the public.