Asked in Bankruptcy for Missouri

Q: We are in a ch 13, we received a check from insur co for hail damage made out to mortgage does work have to be complete

Our 19 year old son leaves for basic training this week and has several thousand dollars in debt can we ask to retain funds for personal use

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1 Lawyer Answer
David Reese Fondren
David Reese Fondren
  • St. Charles, MO
  • Licensed in Missouri

A: First, your mortgage company will insist on using the funds to maintain the integrity and value of your home. Any excess funds are treated the same as a tax return or bonus check. You need to file a motion to keep some or all of it. Second, your son may qualify for the soldiers and sailors relief act if on deployment. I don't practice military law. He needs to check with his JAG and he can ask his own question on this site. Third, As an emancipated adult, I don't think the court will let you pay his bills, especially while not paying your own creditors.

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