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Missouri Bankruptcy Questions & Answers
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.

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Am i safe from being evicted?

The home I live in is owner financed and I got behind on the payments the owner is taken me to court and was granted a default judgement. Then on may 31 Casenet shows he went back to court and got an execution/garnishment on Saturday June 1 I got a letter from the owners lawyer stating that I would... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jun 5, 2018

The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: If I file for bankruptcy, can a creditor still garnish my wages?
Timothy Denison
Timothy Denison
answered on Jun 4, 2018

No. The automatic stay prevents it.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: If I file bankruptcy, will judgments against me from past lawsuits be discharged as well?
Timothy Denison
Timothy Denison
answered on May 11, 2018

Yes, so long as they have not been or are not deemed non-dischargeable debts.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: Cash payout from a new employer during Chapter 7 - unusual circumstance - would like to know if it's protected.

April 20th of 2018, we filed for Chapter 7 bankruptcy. We disclosed the existence of unvested (no value) RSUs from my employer.

One for $2400, 0% vested , 100% vested May 2021.

One for $2400, 0% vested, with no vesting schedule. It’s single vest date is 9999, which means that... Read more »

Timothy Denison
Timothy Denison
answered on May 10, 2018

Unless the new company announced the goodwill payout prior to your filing, it should be protected as it is a contingent post petition asset. If they announce prior to filing, it is a pre-petition asset and you’ll need to amend your schedules and claim an exemption for it. Consult your lawyer... Read more »

1 Answer | Asked in Bankruptcy and Legal Malpractice for Missouri on
Q: Can a lawyer keep the money we paid him for bankruptcy, even tho we decided not to file? He's been paid for a year.

We pay the lawyer for bankruptcy. After we paid him, we had a couple of deaths and illness in the family. We have decided not to file bankruptcy now, and he won't return our money. It's been about a year that he's had the money. Can he keep the whole amount?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

He can keep the portion he earned prior to your advising him you were not filing. The rest must be returned.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Are there steps I have to take before I can file for bankruptcy?
Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Yes. You have to complete a credit counseling course online before you can file a bankruptcy petition. Cost ranges from about $4.95 to $25.00.

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