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Missouri Bankruptcy Questions & Answers
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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1 Answer | Asked in Bankruptcy for Missouri on
Q: I invested $10000 early 2018 in stocks. Lost half of it's value cashed out $5700 in Nov 2018 Is that income on means ts
Timothy Denison
Timothy Denison answered on Feb 15, 2019

It is not income for purposes of the means test but it is an asset that must be disclosed and listed on your petition. Since you’ve paid taxes on it already and taken a loss on it, it is not income but it still must be listed in your petition.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Products Liability for Missouri on
Q: I've been renting a washer and dryer from Aarons it was 700.00 brand new and ive been paying 78.00 month for 14 months

And now they are tring to take it and day we stole it when i added up at least 1092.00 on a 700.00 bill how is that right please help me out in getting swindled im lower income have 4 daughters just tring to get by

Timothy Denison
Timothy Denison answered on Feb 8, 2019

You’re going to need a copy of the contract you signed with them to get the right answer.

2 Answers | Asked in Bankruptcy and Tax Law for Missouri on
Q: If one spouse filed chapter 13 is there a way for the other to keep their tax return if filing jointly?

Would I just file normally? Or would I have to file an innocent or injured spouse form?

Most of the deductions comes from the spouse not in bankruptcy.

John Martin Hilla
John Martin Hilla answered on Feb 1, 2019

This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.

Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the...
Read more »

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1 Answer | Asked in Bankruptcy for Missouri on
Q: Do i have to give up my car if i file for chapter 7?
Timothy Denison
Timothy Denison answered on Nov 30, 2018

Depends on the equity you have in the car and whether you want to keep paying for the car.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I filed chapter 13 but I didn't get my payment plan in within the 14 days. Can I reopen the case?

I received a letter saying my case would be discharged.

Timothy Denison
Timothy Denison answered on Nov 9, 2018

Yes

1 Answer | Asked in Bankruptcy for Missouri on
Q: Legally separated - what issues do I face if my husband files for bankruptcy? Will they come after me?
Timothy Denison
Timothy Denison answered on Nov 9, 2018

Not unless you are obligated on the debt with husband, then the answer is yes.

1 Answer | Asked in Bankruptcy for Missouri on
Q: How do I get my car back after being repossessed while in chapter 13

I filed my own chapter 13 I wanted to get a new car so I got permission from the court. Since Jan they haven’t taken money out my check for the car and they repossessed it yesterday I need my car I can’t get finances at all

Timothy Denison
Timothy Denison answered on Oct 19, 2018

If it was repossessed in violation of the stay, you can get it back by filing a motion. If it was reaffirmed and approved, you will likely have to pay the arrearage owed to get the car back.

2 Answers | Asked in Bankruptcy for Missouri on
Q: At what point would it be "too late" for a person to file for bankruptcy?
Cary Nathan
Cary Nathan answered on Oct 19, 2018

There is no such thing as "too late" under the bankruptcy code. Sometimes you will hear people use this terminology after a home has been foreclosed on or a vehicle repossessed because, at that point, it is too late for the bankruptcy stay to stop the secured creditor from taking the... Read more »

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1 Answer | Asked in Bankruptcy for Missouri on
Q: Filing for bankruptcy...will my bank allow me to close my checking account if I have a personal loan through them?
Timothy Denison
Timothy Denison answered on Sep 27, 2018

No. Although the loan may be discharged.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I have to file for bankruptcy, and I financed my pet. Will they come after my dog after I file?
Timothy Denison
Timothy Denison answered on Sep 24, 2018

Not if you reaffirm the debt and pay it.

2 Answers | Asked in Bankruptcy for Missouri on
Q: My name is on a joint title for a car my father owns and possess. What will happen when I file chapter 7.

Hello,

I am getting ready to file chapter 7 and just realized that I am a joint title holder on a vehicle that my father owns. In 2013 my father accrued the loan in his name only and I guess my name never got off the title probably for registration costs. I have not had the car in my... Read more »

Timothy Denison
Timothy Denison answered on Sep 16, 2018

Likely yes, although if you have some available exemptions, you can protect the car and your father from that happening.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: Will I be affected in any way if my daughter needs to file for bankruptcy?
Timothy Denison
Timothy Denison answered on Aug 31, 2018

Not unless you are a creditor or obligated on joint debt with her.

2 Answers | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I received my dismissal letter for my Ch. 13 in June. I'm selling my house but the title co says termination in court

Is still needed. Is this true? They are saying I will need to have Federal Court Approval on the sale and I don't understand why.

Timothy Denison
Timothy Denison answered on Aug 9, 2018

If the dismissal order has been entered, you should be free to sell your house. No order needed.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: I am currently going through a debt management program, am I still able to declare bankruptcy

The program itself is working very slowly, but with our two kids who are in elementary school along with a cut in wages from work, make it hard to get by every paycheck. We are currently probably about 40 to 45 thousand in credit card debt and hospital bills. Was wanting to know the likelihood of... Read more »

Cary Nathan
Cary Nathan answered on Aug 2, 2018

Participation in a debt management program is never a bar, in and of itself, to seeking debt relief in bankruptcy. Whether or not the attorney fees may be paid in installments depends upon the policies of the individual attorney that you hire to represent you. I personally offer payment plans,... Read more »

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1 Answer | Asked in Bankruptcy for Missouri on
Q: I own two homes. Can I count both as homestead exemptions?
Timothy Denison
Timothy Denison answered on Jul 25, 2018

No. Only the one you live in.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Can a debt filed as unsecured be amended to secured once Ch. 13 has been filed?

We inadvertently filed a creditor as unsecured instead of secured (part of the debt was secured & some was not). Now, they (the creditor) have filed a secured proof of claim and we either have to relinquish our purchase or have our payments increased to stays in the plan time frame.

If... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2018

Yes. It can be amended.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Does filing Chapter 7 have a different impact on your credit than a Chapter 13 or are they both the same?
Timothy Denison
Timothy Denison answered on Jun 26, 2018

Some impact, either chapter.

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