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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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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 
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?
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
I wasn't notified of judgement or a court date. Is there anything that can be done?
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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
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
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.
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
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.
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
answered on Apr 5, 2025
Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.
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
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.
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?
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.
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
answered on Dec 11, 2024
Yes, until or unless the federal judge grants relief from the stay.
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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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.
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?
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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.
answered on Sep 23, 2024
It would require a careful analysis of each debtors information in order to answer that question.
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
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.
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
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
I am currently looking for a house to rent, would I include that on my chapter 7 bankruptcy since it hasn't been received yet, just approved and am still looking for somewhere to rent. If I do would I include it in Schedule I: Your Income, line 8f? The other governmental assistance line?... View More
answered on Aug 4, 2023
If your business is a sole proprietorship, then yes, when you file for bankruptcy relief, all assets and liabilities of both you and your business are submitted to the bankruptcy court and subject to the claims of creditors.
If your business is in corporate form, and you've been... View More
A collector tried to have me served for civil court but had an old address in the wrong county. That case has been canceled but they now have my correct address. When I originally hired the attorney there was no equity in my home. Since then the market has changed and there's to much equity... View More
answered on Apr 27, 2023
You should confer with an attorney about pursuing a lawsuit against the bankruptcy attorney. If what you state is accurate, and I have no reason to doubt it, his failure to file the bankruptcy case caused you damage. Plus, he took your money.
Unfortunately, his failure to file is not a... View More
2nd year filing taxes with chapter 13, but 1year married. Jointly my tax return will be $3063. My plan states that if I file jointly debtor may retain $1500- is that from the total $3063 or do they take in account some of the refund is my husband's? I have seen it separately and my husband’s... View More
answered on Nov 27, 2022
In a word, yes. For both Schedule I and the "means test" reflected in Official form B-122, your annualized income from all sources includes food stamps (note that the means test reaches back six months from the date of filing of the bankruptcy).
I'm close to my retirement age. I have not received any information on this sense they went bankrupt
answered on Sep 11, 2022
Contact the bankruptcy trustee. They may be able to tell you the name of the current plan admin and the status of it.
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