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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
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.
al contract.
answered on Aug 22, 2022
You don't give enough facts to allow good advice.
If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are... View More
answered on Jun 16, 2022
Move to hold them in contempt for violating the bankruptcy stay.
I have been paying for 58 months on a ch. 13 plan. My lawyer just emailed and said I owe $7500 more dollars. I pay $750 a month. They asked if I wanted to pay a lump sum or try to extend my payments for 6 months Nothing has changed since I filed and I made every payment. Is this common?
answered on Jun 14, 2022
I looked into this for a client last fall, and the cases seem pretty clearly to say that the five-year period for a Ch. 13 confirmed plan cannot be extended beyond five years.
It may be that some creditor(s) have filed proofs of claim enlarging the amount you must pay to be current on,... View More
Also not really any equity the home if was to sell. Usda done a moratorium to defer payments it is back to where I am making payments but I am a few behind credit report shows loans in forbearance
answered on Apr 29, 2022
When you file for bankruptcy any property you own will be classified as exempt property or non-exempt property.
Exempt property is safe during the bankruptcy.
Non-exempt property can be sold for the benefit of your creditors.
Each state is allowed to decide what exemptions... View More
He resides with me and when he cosigned my loan, he was in good health and I did not have POA then.
Some income goes on other forms so I don't know where to start
answered on Dec 6, 2021
It’s impossible to give advice on this matter without seeing the actual income information. I highly recommend you hire a bankruptcy lawyer to help you amend and file correctly.
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