David John Kelly

David John Kelly

  • Bankruptcy
  • Minnesota
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Summary

Most people call me Dave. At my Minnetonka, Minnesota office, I have been practicing law in the Twin Cities area for over 36 years. In late 2005 a "reform" act was passed which was supposed to make filing bankruptcy more difficult. Since then, however, I have helped a large number of clients qualify to file either Chapter 7 or Chapter 13. While the paperwork has become a lot more complicated, I am finding that most people who need to are still able to file. I care about people who are in financial difficulty, and I get a lot of satisfaction from helping them.

Call Dave Kelly - we'll figure it out.I know that filing a bankruptcy is the last thing you want to do. You have probably been struggling for a long time to avoid bankruptcy. You might already have refinanced your home in an effort to get caught up, only to find that it wasn't enough - and now your home equity is gone or seriously reduced. You might be desperately using cash advances from one credit card to pay another - robbing Peter to pay Paul - but certainly not getting ahead by doing so. A point comes when bankruptcy becomes the only viable choice. To their credit, most of my clients have waited way past that point before calling me. If you are wondering whether you file under the new standards, please call me.

Practice Area
  • Bankruptcy
Jurisdictions Admitted to Practice
Minnesota
Education
University of Minnesota - Twin Cities
J.D. | Law
University of Saint Thomas
B.A. | History, Social Studies Education
Honors: Summa Cum Laude
Professional Associations
National Association of Consumer Bankruptcy Lawyers
Member
- Current
Activities: Attend about 25 hours of classes a year at their conventions and meetings.
Legal Answers
2 Questions Answered

Q. Can u tell me the last last time I filed for for bankruptcy was and can I again. I am disabled now and can't work anymor
A: Assuming that your last bankruptcy was a Chapter 7 bankruptcy, you can't file another Chapter 7 until eight years after your earlier case was filed. If you received a discharge in a Chapter 13 bankruptcy, you can't file a Chapter 7 again until six years after the Chapter 13 was filed. If you would give me a call I could help you figure out when your last case was filed, if you need help with that. This response is for general information purposes only and does not create an attorney-client relationship. It is not legal advice. I am a debt relief agency helping people file for relief under the federal bankruptcy code.
Q. In a Chapter 7 bankruptcy, can a person's your social security or pension checks be taken?
A: First of all I have to say that in Chapter 7 bankruptcy it is your assets that the trustee is looking at, not so much your income. When the case is filed the trustee in a theoretical sort of way has title to all your assets, or at lease most of them. Your lawyer will have claimed most or all of your assets as exempt, one would hope, so that the truste will not be able to take them. The trustee is not so much paying attention to your income, except as to whether it is so high that you won't qualify for bankruptcy. I've certainly never seen social security payments or pension payments seized by the bankruptcy trustee or any creditor for that matter. Social Security payments are exempt from granishment or seizure under federal law. Once the money is in your bank account, however, there may be an issue as to how long it retains its exempt character. The right to receive pension income is for the most part exempt, but as far as I know it is not exempt after you receive it. So in Chapter 7 what you have to focus on is not so much the pension money or SS money you have not yet received, although you must look at that to some extent; the primary focus is on what you already have received and can what you have on the date of filing be claimed ase exmempt. This response is for general information purposes only and does not create an attorney-client relationship. It is not legal advice. I am a debt relief agency helping people to file for relief under the federal bankruptcy code.
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Contact & Map
11900 Wayzata Blvd. #116E
Minnetonka, MN 55305
USA
Telephone: (952) 544-6356