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Missouri Bankruptcy Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

3 Answers | Asked in Bankruptcy, Collections and Small Claims for Missouri on
Q: Can a small claims garnishment put a levy on all bank account of a head of household with three small children

Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.

Timothy Denison
Timothy Denison answered on Aug 21, 2021

Yes.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Chp 13 trustee paying child health insurance but not child support to custodial parent. Debtor's court ordered to pay

MO child support court ordered debtor to pay both monthly support to custodial and debtor to pay monthly health insurance. Trustee paying just health.

David Reese Fondren
David Reese Fondren answered on Jul 15, 2021

You need to review your own plan that you submitted to the court and make sure that the payment is in there. Talk with your attorney if you cannot find it. Do this IMMEDIATELY, as the payments are going to other creditors. The trustee has no way of knowing your intent if not in writing. If it is... Read more »

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Missouri on
Q: Spouse has filed for divorce in NM, I live in MO. I recently had a stroke, any services willing to represent me?

Had a stroke on Feb1st. Spouse filed for divorce in NM. No representation, and not sure if I will ever work again. Would love to have some kind of representation as I am already having a hard time grasping an understanding due to the stroke.

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

You could seek to have the venue changed to Missouri, depending on your mobility and where the marriage was filed, etc. I would speak to a family law attorney near you and see if they can offer more guidance on the specifics of your case.

2 Answers | Asked in Bankruptcy for Missouri on
Q: Can I make an offer to settle and stop a garnishment? I have a judgement & garnishment against me for an auto.

Also, would this prevent having to file bankruptcy?

Lloyd M. Nolan
Lloyd M. Nolan answered on Mar 26, 2021

You can certainly make an offer or lump sum payment to stop a garnishment, assuming the creditor will agree. This will not keep you from filing bankruptcy, however a large payment to a creditor within 90 days of the date you file bankruptcy would be deemed a preference, or a preferential payment,... Read more »

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1 Answer | Asked in Bankruptcy and Social Security for Missouri on
Q: Can you be sued for debts when your only income is social security

I’m contemplating filing bankruptcy. I’m on social security and this is my only income. I live in a mobile home that is paid for and no type of savings or stocks. I have unsecured debts and a vehicle repossession already.

Timothy Denison
Timothy Denison answered on Mar 16, 2021

Yes. You can be sued for any reason. Collecting on that suit is an entirely different matter.

1 Answer | Asked in Bankruptcy and Social Security for Missouri on
Q: I’m in over my head with debt and considering chapter 7 in Missouri. My husband and I are both on social security disab

All debt is unsecured. We own a mobile home and the lot, also 3 vehicles- newest is a 2005 pickup with 300,000 miles and the other two aren’t drivable. Will we be able to use our stimulus check to make home repairs? Also, can we also use the funds to pay the attorney fees?

Timothy Denison
Timothy Denison answered on Mar 13, 2021

Yes. You will.

2 Answers | Asked in Bankruptcy for Missouri on
Q: Do you have to claim federal stimulus checks when filing bankruptcy?

Planning on filing chapter 7. I’m on social security disability and so is my husband.

Timothy Denison
Timothy Denison answered on Mar 5, 2021

Not if you haven’t received them and even then, it should not affect your filing status.

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3 Answers | Asked in Bankruptcy for Missouri on
Q: After bankruptcy is discharged how long before u can buy land with cash

chapter 7

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 26, 2021

If you're buying with cash, you can buy right away. Is that answer easy enough for you.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: I don't know whether to bankrupt or Judgement proof. If I bankrupt will I loose my 5000 car. What about judgement proof?

My income is $706.00 for social security a month. I have about $4,000 left from my profit sharing retirement. And that's it. I'm almost 70 years old. I need my car to get to the doctors and just to live. I'm diabetic. My car is my only asset and its not even worth much.

David Reese Fondren
David Reese Fondren answered on Sep 14, 2020

Exemption in bankruptcy are identical to exemptions against creditors as they are the same laws for Missourians. Can not predict how a particlar trustee or creditor atty will act. Look up your vehicle on nada.com for more accurate valuatuon. Then talk to an atty.

2 Answers | Asked in Bankruptcy and Estate Planning for Missouri on
Q: I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.

Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.

Timothy Denison
Timothy Denison answered on Sep 13, 2020

What is your question?

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1 Answer | Asked in Bankruptcy for Missouri on
Q: I am a 69 year old woman with diabetes who has no job now. Only social security. Can't pay my bills

I'm not sure if I should claim bankruptcy. I only receive social security and have a little money left from my Profit sharing money from my job. That's how I'm living. My social security is $706.00 a month. I have a 2014 Ford Focus that is paid off. That's all my assets.... Read more »

Timothy Denison
Timothy Denison answered on Sep 9, 2020

Bankruptcy could be your solution. Talk to a bankruptcy lawyer regarding the details of your finances and see if it is the right decision for you.

2 Answers | Asked in Bankruptcy for Missouri on
Q: Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?

I have filed bankruptcy an included NSF Checks as debts, however i have come to learn that the prosecuting attnys in some counties already have some of them. Can they still be discharged?

Timothy Denison
Timothy Denison answered on Jul 2, 2020

No. They cannot be discharged.

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3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.

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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: I owner financed a salon from the previous owner. She filed bankruptcy and I was told to continue making payments to a

Trustee. Wouldn't this negate our purchase agreement with her? Should I still have to pay?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 19, 2020

Whether the sellers bankruptcy is a breach of the contract to purchase will depend on the contract language. Generally, however, the bankruptcy trustee will stand in the shoes of the seller in enforcing the contract and unless bankruptcy is specifically addressed as a breach in the contract... Read more »

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1 Answer | Asked in Bankruptcy and Civil Litigation for Missouri on
Q: I just found out I'm being sued by a third party debt collector on a debt discharged in 2016. What are my options?

It's a credit card debt for $750 and has reappeared on my credit history. My court date is in mid April. I know I should retain a lawyer to clear this mess up but can I counter sue?

David Reese Fondren
David Reese Fondren answered on Feb 25, 2020

You, or your attorney needs to file a document "suggestion of bankruptcy" in the court where you are being sued. Provide the court with the case number, chapter number, date of filing, date of discharge. Also attach a copy of the schedule where the creditor appears listed. The creditor... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: In ch 13 and I got a bonus. What type of items can I petition the court for in order to retain it

Bonus was 3200 and Not included in my income when I filed

Timothy Denison
Timothy Denison answered on Feb 3, 2020

It is post petition income so if you have the available exemption, you should be able to protect it.

2 Answers | Asked in Bankruptcy for Missouri on
Q: I filed bankruptcy and now the court trustee sent papers that he is selling my house. What are the procedures?

How long do they have to sell it? How much do I get, I read 15,000 is that correct? After selling how loing to I have before I have to move out?

Timothy Denison
Timothy Denison answered on Jan 24, 2020

They have as long as it takes to sell it. Your exemption amount varies depending on whether you used your state exemptions or the federal exemptions.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: can a creditor see if they were included in a bankruptcy

I filed bankruptcy in 2016 and I got a creditor still threatened to sue

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. Have your lawyer send them a cease and desist letter.

2 Answers | Asked in Bankruptcy for Missouri on
Q: Bankruptcy in Missouri question.

I read online: "If you own the house with your spouse as tenants by the entirety and do not have joint debts, the house is completely exempt, and the equity you have in it is irrelevant regarding exemptions."

Do you have to be married to meet this exemption?

I own a house... Read more »

David Reese Fondren
David Reese Fondren answered on Dec 23, 2019

Hey, I know some folks in your town.

Yes, you have to be married to use the marital exemption. Since you are not married, you both own the property either as (1) Joint Tenants with rights of survivorship or (2) Tenants in common. Both are treated similarly in bankruptcy. (there are...
Read more »

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