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Missouri Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Missouri on
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?

James L. Arrasmith
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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

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2 Answers | Asked in Bankruptcy for Missouri on
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?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy for Missouri on
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?

James L. Arrasmith
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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...
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2 Answers | Asked in Bankruptcy for Missouri on
Q: In bankruptcy on schedules b106a/b when they ask about real estate property. How do I answer the current valve of the

portion I own? If I am paying a mortgage on the house and owe 67k on the home, but it's worth 85k would I put the property percent as roughly 15% because I owe the bank still the 67k or would I make it 100%

James L. Arrasmith
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answered on Nov 5, 2023

On Schedule A/B, you should list the full current value of the property, which in your case would be the $85,000 market value. The percentage of ownership you are referring to is not the percentage you own versus the bank's interest, but rather your actual ownership percentage if the property... View More

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1 Answer | Asked in Bankruptcy for Missouri on
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
John Spalding
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

2 Answers | Asked in Bankruptcy for Missouri on
Q: what do you need to file a bankruptcy case in federal court?

I have an attorney who has been working on this since July of 2022. As of yesterday she is telling me that she is waiting on the court to give her a hearing date.

James L. Arrasmith
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answered on Sep 8, 2023

To initiate a bankruptcy case in federal court, your attorney must prepare and file a bankruptcy petition along with various supporting documents, which generally include schedules of your assets, liabilities, income, and expenditures, a statement of your financial affairs, and in the case of... View More

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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: What happens when you declare bankruptcy for your business? Will they come after personal assets?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2023

Forgot to mention- if your business has been operated as a partnership, with you as a general partner, then you will be personally liable for any unpaid partnership debts. That is true even though a partnership is deemed to be a separate legal entity, entitled in its own right to file for... View More

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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: What happens when you declare bankruptcy for your business? Will they come after personal assets?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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2 Answers | Asked in Bankruptcy for Missouri on
Q: Hey! I was wondering if I needed to include past food stamps I received in my bankruptcy even if I no longer receive?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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).

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1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
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.

Anthony M. Avery
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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.

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Missouri on
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?

James L. Arrasmith
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answered on Sep 27, 2024

If you cash a check at a check-cashing company, the funds may not pass through your bank account, which could help keep the money out of reach from a creditor with a lien on your accounts. However, if you deposit the check directly into your bank account, the creditor could potentially seize the... View More

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2 Answers | Asked in Bankruptcy for Missouri on
Q: if filing bankruptcy separate from your spouse, will you have to sell any joint assets, such as a home or car?
Timothy Denison
Timothy Denison
answered on Sep 23, 2024

It would require a careful analysis of each debtors information in order to answer that question.

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1 Answer | Asked in Bankruptcy for Missouri on
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
Timothy Denison
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.

1 Answer | Asked in Bankruptcy for Missouri on
Q: If I am in the process of receiving section 8 housing. I have already been approved, etc.

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

Timothy Denison
Timothy Denison
answered on Sep 28, 2023

Yes. You should list both in your petition.

2 Answers | Asked in Bankruptcy, Contracts and Civil Litigation for Missouri on
Q: In 2019 I hired and paid a bankruptcy attorney to file chapter 7. Recently learned it was never filed.

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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1 Answer | Asked in Bankruptcy and Tax Law for Missouri on
Q: In Missouri- my chapter 13 plan states that if I file jointly the debtor may retain 1500. Is that of the total refund?

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

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

File separately.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I was vested in beloit corp pension before there bankruptcy. How do I find who took over the pension now

I'm close to my retirement age. I have not received any information on this sense they went bankrupt

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: What can I do as a person currently in a chapter 13 and ATT has drafted a payment on a closed payment method?
Timothy Denison
Timothy Denison
answered on Jun 16, 2022

Move to hold them in contempt for violating the bankruptcy stay.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Can a chapter 13 plan be extended longer than 5 years?

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?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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,...
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