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Missouri Bankruptcy Questions & Answers
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Q: Pros and cons of debt consolidation company for credit card debt due to husband's work injury.
I am considering using a debt consolidation company to manage credit card debt that has accumulated due to financial hardship. My husband was injured at work and can no longer work, reducing our income by $6,000 a month. While we are currently involved in a lengthy legal battle with workers'... View More 
Martha A. Warriner
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answered on Aug 20, 2025
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answered on Aug 20, 2025
There are several problems with debt consolidation plans. First, debt consolidation is voluntary for creditors which means that some of your creditors will not agree to compromise their claim. Next, debt consolidation companies are for profit companies and their fees can be pretty high. And third,... View More
Q: Is it true that the chapter 7 trustee can sell my home that is paid off? I am married and only I would file in Missouri.
We live in Missouri. The home is paid in full. I’m being told because we bought the home together 3 months before we were married, that even if my husband doesn’t file the 7 trustee will sell the home we both own. True?
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W. J. Winterstein Jr.
answered on Apr 30, 2024
answered on Apr 30, 2024
I work in PA, not Mizzou, although my daughter lives in St. Louis.
Both PA and MO authorize "tenancy by the entireties", e.g., a non-severable by one joint ownership, with right of survivorship.
In PA, you should be good if only one of you files for bankruptcy relief... View More
Q: Is it true that the chapter 7 trustee can sell my home that is paid off? I am married and only I would file in Missouri.
We live in Missouri. The home is paid in full. I’m being told because we bought the home together 3 months before we were married, that even if my husband doesn’t file the 7 trustee will sell the home we both own. True?
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James L. Arrasmith
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answered on May 1, 2024
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answered on May 1, 2024
In a Chapter 7 bankruptcy in Missouri, when you file individually but own property jointly with a non-filing spouse, the impact on your jointly owned property can vary. Since the home was purchased together shortly before marriage, it is considered part of the marital property. However, each case... View More
Q: I got a garnishment because of credit card debt from a card that defaulted 7 years.
I wasn't notified of judgement or a court date. Is there anything that can be done?
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James L. Arrasmith
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answered on Apr 25, 2024
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answered on Apr 25, 2024
I'm sorry to hear about your situation. When facing a wage garnishment due to a defaulted credit card debt, you have a few potential options:
1. Verify the garnishment's validity: Ensure that the creditor followed proper legal procedures and that the statute of limitations on the... View More
Q: Do I need to make mortgage payments current before filing for Chapter 13 in MO?
I spoke with an attorney about Chapter 7 bankruptcy, but they recommended against it due to the equity I have in my home. They suggested Chapter 13 as a better option. Besides my mortgage, I have outstanding federal and state income tax debt for 2024, as well as credit card debt. Do I need to make... View More
Martha A. Warriner
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answered on Oct 22, 2025
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answered on Oct 22, 2025
No. If you are behind on your mortgage payments, then chapter 13 is definitely your best option. Chapter 13 allows you to pay the arrearages on your mortgage, as well as your back taxes, over the course of the chapter 13 plan (3 or 5 years).
Q: How does Chapter 13 bankruptcy repayment plan work in Missouri?
I'm considering filing for Chapter 13 bankruptcy in Missouri and want to understand how the repayment plan works, especially concerning keeping our home. We haven't consulted with a financial advisor or attorney about eligibility. We're exploring our options and need guidance on how... View More
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James L. Arrasmith
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answered on Aug 20, 2025
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answered on Aug 20, 2025
Chapter 13 bankruptcy in Missouri is built around a repayment plan that typically lasts three to five years. Instead of liquidating your assets, you propose a plan to repay some or all of your debts over time. The amount you pay depends on your income, household expenses, and the value of your... View More
Q: Access structured settlement due to financial hardship in Missouri
I am in a financial hardship because my salary decreased by over four dollars an hour. I have a structured settlement annuity in Missouri, with payments received once per year and approximately ten more payments left. Can I access money from this structured settlement due to my current financial... View More
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James L. Arrasmith
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answered on Aug 8, 2025
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answered on Aug 8, 2025
Yes, it is possible to access money from a structured settlement in Missouri, but it’s not automatic or guaranteed. Since structured settlements are designed to provide long-term financial stability, tapping into them early requires court approval. You would need to petition the court for a... View More
Q: How to address offensive legal letter in MO bankruptcy case?
I'm filing for bankruptcy without a lawyer and received a letter from an opposing lawyer stating they pray the court denies me any relief while granting her client further relief, which I find offensive. I've tried contacting this lawyer but received no response. My case is scheduled for... View More
Timothy Denison
answered on Jun 21, 2025
answered on Jun 21, 2025
Remain professional and do or say nothing g. Your complaint is over boilerplate language and not actionable.
Q: Can bank garnish railroad retirement income for unpaid trailer loan in MO?
I have a 5th wheel travel trailer that I'm upside down on financially. Since my wife passed away, I've lost half of my retirement income. I currently reside in Missouri and have kept my payment up to date, without any missed payments. I am not living in the trailer, and there is no... View More
Timothy Denison
answered on May 20, 2025
answered on May 20, 2025
They would have to sue you and get a judgment first, but it is conceivable that your pension could be attached during the collection process.
Q: Should I file for bankruptcy due to debt and lawsuits on disability income?
I'm a 62-year-old on disability with an income of $865 per month. I owe $50,000 in credit card debt, and one creditor has filed two lawsuits against me, with a court date set for July 7, 2025. I don't have savings, can't afford debt relief payments, and own a 1983 mobile home and... View More
Timothy Denison
answered on Apr 22, 2025
answered on Apr 22, 2025
Yes. You should. But before you file, you should consult with an experienced practitioner who can review and evaluate your entire financial situation.
Q: Will Bridgecrest allow retaining and paying car loan in Chap 7?
I am filing for Chapter 7 bankruptcy pro se in Missouri, but will use Kansas exemptions as I lived there for most of the last two years. I've only been in Missouri since June 2024. I have a car loan with Bridgecrest, and I do not want to reaffirm it. Instead, I would like to retain the vehicle... View More
Timothy Denison
answered on Apr 5, 2025
answered on Apr 5, 2025
If you’ve been in Missouri since June 2024, you will have to file in Missouri using Missouri or federal exemption. Creditors most always permit you to reaffirm your debt even if there is an arrearage on the debt.
Q: Using paycheck funds to buy a vehicle before Chapter 7 bankruptcy in Missouri.
I am considering using my paycheck funds to purchase a vehicle outright for less than $5,000 before filing for Chapter 7 bankruptcy. We are filing pro se and hope to do so within the next 3 months. We own a home valued at $75,000 with a $72,500 loan and a current vehicle for which payments are... View More
Timothy Denison
answered on Apr 5, 2025
answered on Apr 5, 2025
Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.
Q: Who is responsible for my bills after my debt consolidation company filed bankruptcy?
I filed my bills with a debt consolidation company, Litigation Practice Group, but they filed for bankruptcy in 2024 and didn't pay my bills despite me paying them in full. I have proof the money was withdrawn from my account. I have a contract with them. Now the creditors are calling and... View More
Timothy Denison
answered on Mar 10, 2025
answered on Mar 10, 2025
You are responsible for them. You may want to file a fraud claim against the debtor for fraud for not paying your bills.
Q: Hello, my girlfriend filed for bankruptcy and has started already paying the trustee. We moved right after and we owed
Rent. I can’t pay it now I’m locked out can she still be hit with the bill even after she has filed bankruptcy or will it go straight to me. Which I’m ok with?
Timothy Denison
answered on Dec 16, 2024
answered on Dec 16, 2024
She can reject the lease under her bankruptcy and just walk away (if it’s a Chapter7). The debt would then fall to you to pay.
Q: Does a federal stay order on eviction that is being taken under advisement stop the state court from cont eviction?
I filed bankruptcy and the state court kept going with my case even though I had a stay order, the eviction lawyer filed a motion to lift the stay we had a court date I argued for it to remain in effect and the federal judge has taken it under advisement and the ruling has not been made yet. In... View More
Timothy Denison
answered on Dec 11, 2024
answered on Dec 11, 2024
Yes, until or unless the federal judge grants relief from the stay.
Q: I took my name off of my parents payed off house and put in my two daughters name and one has to file bankruptcy
My daughter has her original last name on the deed but now she married and has a new last name what can we do to protect the house sine the new husband has to claim also.
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Anthony M. Avery
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answered on Nov 4, 2024
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answered on Nov 4, 2024
That daughter's BR could force a sale of one/half of the property. BR Trustee owns all non-exempt property on filing of Petition. Hire an attorney now to advise.
Q: Will a check written to me clear if cashed anywhere other than my bank? Lien placed on accounts.
I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?
Martha A. Warriner
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answered on Sep 27, 2024
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answered on Sep 27, 2024
The best place to cash the check is at the bank it was drawn on, but you'll will generally need two pieces of identification to do so.
Q: if filing bankruptcy separate from your spouse, will you have to sell any joint assets, such as a home or car?
Timothy Denison
answered on Sep 23, 2024
answered on Sep 23, 2024
It would require a careful analysis of each debtors information in order to answer that question.
Q: How do I figure out the fair market value on a real estate property that is owned?
Also am I able to deduct from the fair market value of the property with things that are wrong with the home? I have been told we can only have 15k in equity 30k if filing together. We owe 68k on the home but online it says fmv is 155k in 2023 or 116k in 2022. I personally don't think... View More
Timothy Denison
answered on Oct 4, 2023
answered on Oct 4, 2023
You probably should have it appraised and work backward from that number, especially if you’re convinced it’s not worth that much.
Q: When filing for a chapter 7 bankruptcy do I need to include all vehicles that are in my name even if its not my vehicle?
When filing chapter 7 bankruptcy in Missouri must I include all vehicles that are in my name, regardless if they are not mine nor in my possession? I am asking because I bought a few auction vehicles for relatives, they paid for them. I am worried that if I do they could be taken away from them... View More
John Spalding
answered on Oct 2, 2023
answered on Oct 2, 2023
Hi there, as to the first question, the answer applies universally (i.e. regardless of jurisdiction). Yes, you need to disclose all assets in your name. This includes vehicles that you're letting others borrow/drive/possess. Additionally, if you intend to file a bankruptcy petition, you... View More
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