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Missouri Bankruptcy Questions & Answers
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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1 Answer | Asked in Bankruptcy and Insurance Defense for Missouri on
Q: We are currently in a chapter 13, we received a check from insurance company for hail damage made out to mortgage compan
Timothy Denison
Timothy Denison answered on Oct 16, 2019

Advise the trustee and turn the check over to him if necessary.

1 Answer | Asked in Bankruptcy for Missouri on
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

David Reese Fondren
David Reese Fondren answered on Oct 14, 2019

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... Read more »

2 Answers | Asked in Bankruptcy for Missouri on
Q: I have bills that i am not able to pay. I had bankruptcy in 2017.i’m on social disability. I only make 996$.Please help

All my bills are in collections. I have bill collectors calling me every day. I have credit cards and pay day loans . Two phone bills.

Timothy Denison
Timothy Denison answered on Sep 13, 2019

What is your question?

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1 Answer | Asked in Bankruptcy for Missouri on
Q: How often can you file chapter 7 bankruptcy
Timothy Denison
Timothy Denison answered on Aug 30, 2019

Once every eight years.

3 Answers | Asked in Bankruptcy for Missouri on
Q: If i owe a somebody filing bankruptcy money, and there is no written contract nor payment arrangement, what can happen

Amount owed is "allegedly" about $40,000. No written contract and no agreement on how to pay the funds back was ever discussed.

Clark Dray
Clark Dray answered on Aug 20, 2019

The bankruptcy trustee steps into the shoes of the Debtor. This means the trustee can sue you for the money. Whether or not he or she does so will depend on whether the Debtor discloses the claim, which he or she must, and whether the trustee thinks he or she could prevail in a suit against you.

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on
Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Kristen Thurmond
Kristen Thurmond answered on Aug 12, 2019

If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... Read more »

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2 Answers | Asked in Divorce, Federal Crimes and Bankruptcy for Missouri on
Q: My husband and I are separated we agree on the divorce details but now he is facing criminal charges I will not be able

I will not be able to pay our debts if he goes to jail should we file bankruptcy before divorce? While he is dealing with his criminal charges?

Gary Kollin
Gary Kollin answered on Jul 7, 2019

Without knowing your debts, no attorney can answer intelligently.

.

Consult directly with a bankruptcy lawyer

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Can I file an amended bankruptcy on a debt that wasn't discharged in the original bankruptcy?

I filed bankruptcy and one of the debts wasn't discharged (it was for a distance school, no child support, not an accredited college). Why didn't it get discharged? Could a faulty address be to blame? And can I go back and amend that? Please do not put down the fact that I did it. We are... Read more »

Timothy Denison
Timothy Denison answered on Jun 19, 2019

You need to talk to a bankruptcy attorney, but you can most likely reopen and amend your petition to include that debt.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: Hi my name is Crystal i have just finish paying off my chapter 13 . Can the car people come and take it.
Wendell James Sherk
Wendell James Sherk answered on May 7, 2019

Crystal, normally your Chapter 13 plan would include your car repayment in some fashion. But typically your car lender needs to have filed a claim and that claim needs to have been paid, either by you or through your Chapter 13.

The car lender will normally retain a lien on the car...
Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: If I file chapter 7 in Missouri will my wages be taken:garnished after? Can the courts garnish my account?

I was told when you file a chapter 7 now your wages are still garnished, it’s all unsecured debt that’s piled up on me.

Timothy Denison
Timothy Denison answered on Mar 17, 2019

Filing the 7 will stop all garnishments, but you need to hire an attorney to handle for you.

2 Answers | Asked in Bankruptcy for Missouri on
Q: I have 3 payments remaining in my Chapter 13 Bankrup. I rec'd an inheritance $18,000. Do I have to tell my lawyer?

I also have another debt consolidation from major bills, will this affect my Chapter 13 discharge?

Timothy Denison
Timothy Denison answered on Mar 16, 2019

If your repayment plan is less than 100%, you need to tell your lawyer. If it is 100% repayment plan, you don’t have to tell anyone as it is immaterial.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Do I include past deficiency balances (which are included on my credit report) of a repossessed car on the Schedule D?

I know I need to place the deficiency balances of repossessed cars somewhere and there are more than one, but I cannot figure out if it should be on Schedule C or D or even on E/F?

Theodore L. Hall
Theodore L. Hall answered on Mar 13, 2019

Assuming the car was the only collateral for the loan (which is typically the case), you would list it on Schedule E/F.

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