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Missouri Bankruptcy Questions & Answers
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... View 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... View 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...
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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...
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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... View 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... View 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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