Dave  Kelly

Dave Kelly

Better Call Dave, Twin Cities Minnesota Bankruptcy Lawyer - 952-544-6356
  • Bankruptcy
  • Minnesota
Badges
Claimed Lawyer ProfileQ&ABlawg SearchSocial Media
Biography

I'm Dave Kelly, a Twin Cities area Minnesota bankruptcy attorney. I've been practicing law in the Twin Cities Minneapolis and St. Paul area quite a while - learning this business really does take a long time.

If you would like to talk things over, I would be glad to discuss your situation. In about half an hour or so I can do a screening over the phone that would give us a fairly good idea as to whether a Chapter 7 or Chapter 13 bankruptcy is a good idea for you. I don't charge for those screenings.

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. You might be desperately using cash advances from one credit card to pay another - robbing Peter to pay Paul. You might be draining the money from your 401K or IRA, which is money that could have been protected if you filed a bankruptcy. Even though you would rather not, the time has probably come that you should contact me.

What I do is represent people in the processing and filing of Minnesota Chapter 7 and Chapter 13 bankruptcy cases. My office is across from Ridgedale on I-394, close to Minneapolis but technically in Minnetonka, practically walking distance from St. Louis Park, near Hopkins Crossroad. I can also meet with you at my secondary location on the Golden Valley-St. Louis Park border. While most people are looking for a "bankruptcy attorney near me," it seems that after looking at my blog and my Youtube videos, a lot of people are willing to come from quite a distance to work with me. It's a mystery to me, but many are willing to come in from as far west as Hutchinson, Minnesota.

Education
University of Minnesota - Twin Cities
J.D. (1975) | Law
-
University of Minnesota - Twin Cities Logo
US Navy Officer Candidate School
Commission signed by Richard Nixon (1969) | Line Officer Program
-
Placeholder image for education.
University of Saint Thomas
B.A. (1968) | History, Social Studies Education
Honors: Summa Cum Laude
University of Saint Thomas Logo
Professional Experience
Arbitrator
Hennepin County Family Court
-
Helped lawyers and parties negotiate divorce settlements. Put on black robe and presided over final divorce hearings once the case was settled.
Volunteer lawyer
Chrysalis Center for Women
-
Volunteered to do consultations at their law clinic - once a month for several years and after that from time to time.
Law clerk
United States Attorney for District of Minnesota
-
Clerked for the US Attorney and his staff for the summer. Assisted in the Kronholm kidnapping trial.
Law clerk
Minnesota State Public Defender
-
Worked for C. Paul Jones, State Public Defender.
Instructor
US Navy Officer Candidate School
-
Was an instructor in the Orientation and Management department.
Legal Officer, Admin and Personnel Officer
CBMU 302
-
I served in Vietnam as an officer in a Navy Construction Battalion. I was Headquarters Company Commander and had many collateral jobs that went with that.
Publications
Articles & Publications
7 Do's Before Bankruptcy
https://mn-bankruptcy.com
7 Don'ts Before Bankruptcy
https://mn-bankruptcy.com
Speaking Engagements
None
Certifications
None. There is no certification for bankruptcy in Minnesota.
None
Awards
AV Preeminent
Martindale-Hubbell
This is the oldest and most respected lawyer directory and this is their highest rating. From 1996 to present.
Rating of 10 - Superb
AVVO
What determines Avvo Rating? Experience & background Years licensed, work experience, education Legal community recognition Peer endorsements, associations, awards Legal thought leadership Publications, speaking engagements
Top Bankruptcy Lawyers in Plymouth
Expertise
From Expertise: "Our goal is to connect people with the best local experts. We scored Plymouth Bankruptcy Attorneys on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best."
Spinnaker Award
Minnetonka Public School District
Award from Minnetonka Public Schools for years of volunteer work as videographer for music events.
Professional Associations
National Association of Consumer Bankruptcy Lawyers
Member
- Current
Activities: Attend about 25 hours of classes a year at their conventions and meetings.
Placeholder image for professional associations.
Hennepin County Bar Association
Bankruptcy Section
- Current
Placeholder image for professional associations.
Minnesota State Bar Association
- Current
Activities: Bankruptcy Section
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
Minnesota
Minnesota Supreme Court
ID Number: 54683
Placeholder image for jurisdictions.
United States District Court for the District of Minnesota
Placeholder image for jurisdictions.
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    It would be unethical, and criminal too as far as that goes, to have my client charge my fee on a credit card and then attempt to run that debt through a bankruptcy. HOWEVER, I can take a debit card and I can take somebody else's credit card - such as a card from a relative or friend.
Practice Area
Bankruptcy
Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Languages
  • English
Legal Answers
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.
... Read More
View More Answers
Websites & Blogs
Website
Website
Blog
Minnesota Bankruptcy Blog
Videos
Do you qualify for Chapter 7 Bankruptcy as a Minnesota resident, and if so is that the best choic for you? A Few Words about Chapter 7 Bankruptcy in Minnesota

Do you qualify for Chapter 7 Bankruptcy as a Minnesota resident, and if so is that the best choic for you?

This is the first in a series of seven videos about things to NOT do if you are considering filing a bankruptcy in Minnesota. For a discussion of this topic see my blog post at: https://mn-bankruptcy.com/blog/things... Things to Avoid Before Bankruptcy: Episode 1 - Repaying a Debt to a Close Friend or Relative

This is the first in a series of seven videos about things to NOT do if you are considering filing a bankruptcy in Minnesota. For a discussion of this topic see my blog post at: https://mn-bankruptcy.com/blog/things...

This is the second in my series on things to avoid doing before filing a bankruptcy, either Chapter 7 or Chapter 13. For a discussion of this topic see my blog post at https://mn-bankruptcy.com/blog/things... This video is for general information purposes and is not legal advice. This does not create an attorney-client relationship. Please consult the attorney of your choice concerning the details of your case. Dave Kelly. 952-544-6356. Things to Avoid Before Bankruptcy: Episode 2 - Transferring Assets to a Close Friend or Relative

This is the second in my series on things to avoid doing before filing a bankruptcy, either Chapter 7 or Chapter 13. For a discussion of this topic see my blog post at https://mn-bankruptcy.com/blog/things... This video is for general information purposes and is not legal advice. This does not create an attorney-client relationship. Please consult the attorney of your choice concerning the details of your case. Dave Kelly. 952-544-6356.

For a discussion of this topic please go to my blog at: https://mn-bankruptcy.com/blog/things... Things to Avoid Before Bankruptcy: Episode 4 - Drawing Down Your 401K

For a discussion of this topic please go to my blog at: https://mn-bankruptcy.com/blog/things...

For a discussion of this topic go to my blog at https://mn-bankruptcy.com/blog/things... Things to Avoid Before Bankruptcy: Episode 5 - Getting Married

For a discussion of this topic go to my blog at https://mn-bankruptcy.com/blog/things...

For a good discussion of this topic go to my blog post at: https://mn-bankruptcy.com/blog/things-to-avoid-before-bankruptcy-item-6-paying-ahead-on-your-mortgage-or-car-loan/ Things to Avoid Before Bankruptcy: Episode 6 - Paying Ahead on your Mortgage or Car Loan

For a good discussion of this topic go to my blog post at: https://mn-bankruptcy.com/blog/things-to-avoid-before-bankruptcy-item-6-paying-ahead-on-your-mortgage-or-car-loan/

For a good discussion of this topic check out my blog post at: https://mn-bankruptcy.com/blog/things-to-avoid-before-bankruptcy-item-7-recent-debt-run-up/ Things to Avoid Before Bankruptcy: Episode 7 - Recent Debt Runup

For a good discussion of this topic check out my blog post at: https://mn-bankruptcy.com/blog/things-to-avoid-before-bankruptcy-item-7-recent-debt-run-up/

This is episode three of a series of videos about seven things to avoid prior to filing a bankruptcy. For a full discussion of this topic go to my blog post on this subject at https://mn-bankruptcy.com/blog/things Things to Avoid Before Filing Bankruptcy: Episode 3 - Large Payments to Unsecured Creditors

This is episode three of a series of videos about seven things to avoid prior to filing a bankruptcy. For a full discussion of this topic go to my blog post on this subject at https://mn-bankruptcy.com/blog/things

Contact & Map
10520 Wayzata Blvd. #100
Minnetonka, MN 55305
Telephone: (952) 544-6356
Monday: 9 AM - 5:30 PM
Tuesday: 9 AM - 5:30 PM
Wednesday: 9 AM - 5:30 PM
Thursday: 9 AM - 5:30 PM
Friday: 9 AM - 5:30 PM
Saturday: Closed
Sunday: Closed (Today)