Frequently Asked Questions

In Chapter 7 bankruptcy if you forget to list an Annuity before the filing can the trustee take it for the estate?

Sorry that it took so long to answer your question -- there was a glitch in the "Ask the Expert" system, but it is fixed, now. You should talk to your bankruptcy attorney right away about this. You will have to amend your schedules to add the annuity as an asset. Do this before your trustee finds out, so that it doesn't look like you were tryingto commit fraud.

My daughter is in a terrible financial situation. As a result of being with a boyfriend who influenced her badly and left her on her own with 2 kids under 3 yrs to raise as well as most of the bills, she is finding herself in a bad place and can't pay her bills. She has been sued by several people: landlords, medical, etc. Would bankruptcy be an option for her? If she was sued and ordered to pay is that something that bankruptcy would clear? She doesn't really have any current debt other than living expenses, but after being left with the lease and damages and medical bills, she is going to be paying more to others than she has to live on and support her children. Please advise if bankruptcy might be an option for her or if you have any other suggestions.

Sorry that it took so long to answer your question -- there was a glitch in the "Ask the Expert" system, but it is fixed, now. Your daughter should talk to a bankrutpcy attorney right away. Bankruptcy will get rid of the debt, so that your daughter will be able to use her income to support herself and her children, instead of paying for her old boyfriend's mistakes and bad advice!

Is it better to try debt settlement or bankruptcy if I own a home?

Debt settlement has nothing to do with your home. Bankruptcy gets rid of debt quickly and easily. If you want to keep your creditors from getting a lien against your home, get rid of your debt in bankruptcy. A consultation with a bankruptcy attorney should address any doubts that you have about which way to go.

I recently found out Burt's Bees makes a toothpaste. I tried a sample and really liked it. However I don't want to use a toothpaste that won't take care of my mouth just because it taste good and is good for the environment. Are there certian ingredients I should look for? How do I tell if I have a good toothpaste?

The main active ingredient you should look for is fluoride. It helps strengthen the teeth and inhibits bacterial growth. I am not familiar with Burt's toothpaste, but if it has fluoride listed in the active ingredients and you like the taste then it sounds like a winner. Studies have proven that you will brush longer and better if you use a toothpaste that tastes good to you.

Do you offer any sort of corporate discount or percent off for house carpet cleaning for State Farm employees? I am interested in getting an estimate for all of the carpeting in my house.

As with all insurance employees, we do provide a discount. Call our office and schedule your appointment today! You cant beat the price! Thank you, Adam Kinser/ Owner

I am on SSDI and a disability pension. I have some credit card people chasing me. What can they take from me? Thank you.

Without knowing what kind of assets you have, we cannot say exactly what creditors can take from you. We know that they cannot take your social security payments, but they may be able to attach your pension, depending on its source. If you own, or are buying your home, any creditor who takes a judgment against you can attach a lien to your home. If you own your car, a judgment creditor can ask the sheriff to take it and sell it. If you have a savings account not funded by your SSDI,certificates of deposit, or stock (other than a retirement account), judgment creditors can take those.

We are having water seeping in through the seams of the concrete in our downstairs every time we get alot of rain. What kind of procedure would have to be done to stop this ugly problem?

Jo, First of all you need to call a foundation repair company. I reccommend getting at least 2 estimates and would also refer you to Pro Foundation Technologies and Gibbons Basements. If you need any drying please give us a call. Thank you, Adam Kinser/Owner Servicemaster of Columbia 573-443-8383

I was divorced 4 years ago. For this whole time I've been haunted by credit left in ruins by my failed marriage. We had 3 credit cards that were in my husbands name only, and I was listed as an authorized user totaling around $30,000. There is also a car loan for his truck that that was repossessed for $25,000. He is now filing for bankruptcy. I was wondering how this was now going to affect me and my credit? A friend told me the credit cards shouldn't even be listed on my credit anyway since Missouri is not a community property state and I never actually applied for a line of credit with those companies. Shady car dealers somehow managed the auto loan with both incomes but just his name on the loan, and honestly I cannot remember if I did actually sign something for the car or not. Should I wait and see what happens or dispute all these charges with the credit reporting agencies? I am trying to avoid having to file bankruptcy myself, but I'm afraid I will have no choice if his bankruptcy holds me financially responsible for all of this debt. Thank you for your time!

Remeber those little credit card agreements with all of the fine print? The fine print says that the person getting the card agrees that the account is goverened by the law of the state in which the issuer is incorporated -- most of the time South Dakota. Some of the credit card companies are now arguing that South Dakota law gives them the right to collect from spouses who are only listed as authorized users, IF the spouse ever actually used the card. So, you could be on the hook for those accounts. However, we have not seen this issue come up in Missouri, so far, and we have not seen any collection lawsuits against authorized users, but that does not mean that it won't happen. As for the auto loan, if you are not on the loan, and you did not sign any paperwork, then you should not be liable for the debt.

I am a 47 year old man on medicaid. Does Missouri medicaid cover any dental ? Cannot find any info online and social services didn't know.

No, unfortunately there are no dental benefits for adults from Medicaid. This is something that dental organizations have been fighting for in the state legislature since they were cut several years ago.

We filed chpt 7 in 2002 pro se with the help of Lawworx out of Colorado. Everything went fine I thought. We had a small loan with Beneficial that was discharged in the bankruptcy but was officially a home equity loan (one of the sneaky oh by the way this is connected to the house loans)We are currently trying to refinance the house and this loan is still showing up on a title search. The lender says I need a lien release form which I didn't get and probably had to do something I didn't know about to get. I have been told to talk to the attorney who did the bk (don't have one) to reopen the case and get the lien release. I have no idea how to do this. What should I do?

Your situation is one of the unfortunate effects of doing a pro se bankrutpcy. Because you did not understand how bankruptcy law works in regard to secured loans, a debt that you thought that you gotten rid of still exists, and is still tied to your house. As regards the Beneficial loan, the only thing that you discharged in your bankruptcy was your obligation to pay Beneficial in the event that the house was ever foreclosed and sold for less money that would have paid off the first mortgage holder and Beneficial. Beneficial still has a lien against your house, and it will have that lien until the loan is paid off, or until Beneficial releases the lien. You don't have to reopen your bankruptcy case to get a lien release -- in fact you cannot get a second mortgage "released" in a Chapter 7. You can talk to Beneficial and try to get a release, but we sincerely doubt that they will give you what you want. They will probably want you to refinance for enough money to pay them off.

Can someone file bankruptcy and still keep their home or car?

Sorry that it took so long to answer your question -- there was a glitch in the "Ask the Expert" system, but it is fixed, now. The answer to your question is YES! It is very rare for someone to lose a car or home, unless they choose to give them back to the creditors. An experienced bankruptcy attorney can easily ewxpalin how it is done.

I have been being harrassed regarding a 5 year old balance, that I thought I had paid. I cannot find the receipt anywhere. After I paid it I did not hear anything else about it for 5 years, or more, and now have started getting calls from a collection agency. I have not received anything in writing in the past 5 years, and this is the first I have heard anymore about it. Can they sue/collect on a debt that I have not received anything on in over 5 years? I told them to send me something in writing, but they still have not. It is a payday loan I took back in 2005.

Sorry that it took so long to answer your question -- there was a glitch in the "Ask the Expert" system, but it is fixed, now. A payday loan usually involves a signed contract, which in Missouri, gives the creditor 10 years from the date of the last advance to you,or payment from you, in which to sue. You should go to court and make the creditor show you a copy of its file -- your paid receipt may be in there! Handling your own lawsuit can be tricky, so, depending on the amount that they are suing you for, you may want to hire an attorney. If you do not defend yourself, and the creditor gets a judgment against you, they can collect by garnisheeing your wages and seizing you bank accounts.

I recently filed Chapter 13 Banktruptcy. I did not include my home in the bankruptcy. The lender has mentioned foreclosure and I am wondering if I would still be able to keep my home if I included it in my bankruptcy and did a Chapter 7? Also, I need to get a divorce as my so-called husband has left me three times and is currently involved with another person. Any assistance for hard working people who make too much to qualify for a little assistance but not enough to live either?

Sorry that it took so long to answer your question -- there was a glitch in the "Ask the Expert" system, but it is fixed, now. You will not be able to keep your home in a chapter 7 bankruptcy unless the payments are current, and kept current. Your bankruptcy attorney should be able to advise you on this. If you are no longer in bankrutptcy, but need to have your case reinstated, or file another case, you should also talk to your attorney about that. If you do not have an attorney, and need financial assitance, you should call your local Legal Aid office, to find out if you qualify for their services.

Hello. We surrendered a house in bankruptcy, the mortgage co. never foreclosed and now we are being summoned to court for building violations. It was my understanding that since we gave it up in bankruptcy, we were no longer responsible and were told that by our lawyer. I have been on the phone trying to rectify this situation to no avail. The mortgage co. still has a lien on it, but won't foreclose, they keep saying that we have to hire a realtor to sell it or pay them what is owed. Our obligation was discharged in bankruptcy and the mortgage co. charged it off (I have the letter).Our bankruptcy attorney won't help us and tells me that I need to call the Bar assoc for referral to an attorney. If I had money for an attorney, I would have already hired one. I have put two calls into the city prosecutor in Sedalia to try to talk to her on how we can resolve this, but she does not return my calls. I don't know what to do or how to solve this problem. Can you please help us?

Your situation is a classic example of what happens when mortgage companies are overwhelmed with foreclosures -- you try to give back the property, but the lender won't take it! When the lender does not take it, it stays in your name, and you are legally responsible for the care and upkeep, but not the debt. We often tell our clients to stay in the home until the mortgage company actually begins foreclosure. During that time the client does not pay the house payment, and can save that money to move on. We warn the client to keep up the property insurance, however, and keep the property in good repair. If it has been more than a year since you vacated the property, and you have not paid the taxes, the house could come up in the delinquent tax sale, and the new buyer will be responsible for the building violations. Unfortunately, though, the main mortgage holder is probably paying the real estate taxes, so that they don't lose the property. We have heard of people executing and recording a "quit-claim" deed, giving the property back to the lender. We do not know if this will satisfy the city, but once the quit-claim deed is recorded, you have conveyed your ownership, and the city prosecutor should pursue the lender for the building violations. We recommend that you have a real estate attorney draw up the deed, and that you personally take it to the recorder's office and see that it is recorded. In order for this to work, you will have to convey the property to the actual lender -- not just the loan servicer or collector, so be sure that you find out exactly who owns the loan. One more thing: if the city is just trying to get the lawn mowed, you might be better off to go ahead and mow while you are working on the quit-claim deed issue. By the way -- if the lender is telling you that you should pay the debt, then the lender is violating the bankruptcy discharge order; perhaps they will get areound to foreclosing if your bankruptcy attorney offers to sue them for violating the law!

I have judgements against me from credit card companies. I draw Social Security Disability only. $923.00 per month and it is electronically deposited. I have been told that they can freeze my bank account as well as garnish my income. What exactly can they do? Do I need to close my account and have check come directly to me? Sincere thanks, Debbie

Social Security funds are legally protected from being siezed by creditors. However, if the funds are in an account into which other, non-protected, money is placed (wages, pension funds, unemployment checks, etc.), then it can be taken by a judgment creditor. If your judgment creditors try to garnishee your social security funds from the bank, the bank should NOT pay the money to the creditor -- but, sometimes they freeze the account, anyway. If your bank freezes your account, and you incur fees for bounced checks as a result, the bank should refund those fees.

We are considering filing for bankrupcy because we forclosed on a home and we're now receiving bills from collection agencies for the first and second mortgages. The first mortgage was refinanced once. We can handle our other bills but these mortgages would be totally impossible for us to pay. 1. Will the mortgagor pursue these mortgages and force us to pay? If so we might as well file bankrupcy now and quit paying other debt. 2. Will we owe taxes on the mortgages if the mortgagor decides not to pursue collection and just writes them off as losses? 3. Do you know a good bankrupcy attorney?

If you receive a bankruptcy discharge of debt, the lenders cannot force you to pay the "deficiency" (the difference between what you owe and what they get for the property) for the foreclosed loans. You will also not have any tax liability. If you do not file bankruptcy, and the lenders choose to write off the balances, the lenders will probably send you a 1099 showing the written-off balance as taxable income to you. Whether you will actually owe any tax depends on your tax bracket and deductions. We like to think that we are a good bankruptcy attorney...

How to get rid of a very stong mouse smell, my mother in law bought a mobile home that had had a bad mouse problem, The mice are gone. but when she started useing the furnace there is a strong smell coming thru the vents of mouse activite from the past.

Linda, In order to truly remove the "mouse smell" you will most likely need to have your ducts cleaned. The use of these ducts when you turned on the furnace are why there is now a strong smell. Feel free to give me a call anytime to talk about options and how we can help. Have a great day, Adam Kinser Owner, ServiceMaster Clean of Columbia 573.443.8383

I have mercury fillings. Would removing these be benificial to my health?

There is no scientific evidence of any health benefits from replacing amalgam fillings. Most of the concern people have about amalgam fillings comes from the mercury that is part of the filling. And while there is no denying that mercury can cause some serious health problems it is not released in a large enough dose from the set amalgam to cause problems. You are more likely to get a larger amount of mercury from eating seafood than from your amalgam fillings. The largest amount of mercury you will receive from amalgam fillings is when they are placed and then again when they are removed. In between these two events the mercury is bound up in the set amalgam metal. This is a very controversial topic and you can find lots of stuff on the internet for both sides of the argument. However, if you look at the good scientifically valid evidence that is available it does not support removing amalgam fillings for health benefits.

I've tried a few mouth washes, and only been able to use ones with out alcohol. My most recent purchase was of crest total care. While I am able to use it for the full minute, the taste lingers all day and into the night, even after I brush my teeth again, and have eaten. It completely ruins the taste of any food I eat for the first 6 hours after I have used it. Any suggestions on a mouthwash that will help protect my teeth, but not ruin my eating experience?

Unfortunately most over the counter mouthwashes have alcohol in them. The Crest Pro Health mouthwash does not have alcohol and is antibacterial for about 12 hours. However,as you have found out some people are sensitive to the taste the antibacterial ingredient, Cetylpyrdinium chloride. Until recently this was the only antibacterial mouthwash without alcohol that was available without a prescription. Recently Listerine introduced Listerine Zero which is antibacterial like regular Listerine but does not contain alcohol. If you have trouble tolerating the Crest Pro Health then I would suggest trying Listerine Zero. If you are unable to tolerate it then you may have to talk to your dentist about prescription mouthwash options.

My son is considering filing Chapter 7 bankruptcy due to business debt from a self-owned & operated internet business. He is struggling with the decision between Chapter 7 and Chapter 13. He prefers Chapter 7 to be able to go forward and start over but his wife does not want to lose assets, mainly their home and auto. Can you offer any advice on which might be the better option? Thanks,

Choosing which bankruptcy chapter to file involves more than just picking the one that sounds best. You do not necessarily lose assets in either chapter, and chapter 13 can be a burden if you do not have sufficient income to make payments to a bankruptcy trustee for 3 - 5 years. There is no way for me, or any other lawyer, to decide which is the best chapter for your son, without talking to him. During a bankruptcy consultation the attorney will explore the potential client's current situation: income, assets, types of debt, household size and current expenses. These are the variables that can make a big difference in deciding which chapter is the best fit for his situation. Our office has a free consultation policy. If your son would like for us to evaluate his situation, he should call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what he needs to do to file, as well as the complete cost of his case. He can set his own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

We rented a house through an agents; we signed the lease with him, we gave him the deposit. Almost a year in the house, we had a visito by the owner of the house, saying he is selling the house due to marital and financials problems. We never heard from the leaser agent who we gavce money to and we moved out when our lease expired as the house was being sold. We never heard from the agent, we were talking with the owner, he had money problems and he promised to give us our deposit as soon as he settles, he came by one day and gave us $500, and promised to pay the $1500 in 3 instalments. He vanished soon after that and when we finally got hold of him, he said he is filling for bankruptcy and we'll get a letter from his lawayer, we never did and we never heard a thing in 2 years from both the owner or the agent. My question we paid and signed the lease with the agent and isn't he supposed to be liable for our deposit. I called him last year, and he he was surprised that we still wants the deposit back after 2 years!!! I was surprised about his response and I feel he should be responsible, we thought we could work this out with the owner since he was going through a bad time, but now no one is saying anything, if we owe that amount we would have sued. I feel that we are taken for granted and $1500 is a lot of money, we have gone through so much financially, and this could help. please advise.

We are a bankruptcy, only, law firm. Your questions is about real estate or landlord/tenant law. We suggest that you contact an attorney who handles one of those types of law for a competent answer to your question.

I have no job, no money and I am in serious debt. I have an ongoing illness that is pushing me to apply for disability. I want to file for bankruptcy but I know doing so is a meticulous stressful process and without professional assistance it could hinder me both mentally as well as emotionally. How can your firm help me?

If most of your debt is medically related and you live in Missouri, you should consult your local Legal Aid office. In the Columbia area you can call Mid-Missouri Legal Services at 1-573-442-0116 or (800) 568-493. They depend on public funding, so they are limited in how many cases they can take and the types of case that they handle, but you should definitely apply to them for help. Depending on your situation, they may be able to file the bankruptcy for you, or provide you with an attorney. While our office cannot offer free bankruptcy services, we do have a free consultation policy. If you would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will cover your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), American Bankruptcy Institute) ABI, and National Association of Consumer Advocates) NACA.

my sister is losing her house..it is to be "forclosed" on on dec. 29, and she got a letter in the mail yesterday that stated the house will be sold on the courthouse steps on dec. 17 ( i belive). she's worried that they will come in and lock her out of her house today and tell her she cant get any of her belongings. my question is this. when can they come in and lock her out?, and can they prevent her from getting her things from the house if she has not moved it all before the forclose date, or auction date?

If your sister can make the house payments, but cannot catch up on the past due amounts, she should consider Chapter 13 bankruptcy as a way to stop the foreclosure and reorganize the debt so that she can catch up on her terms, not the lender's. If she cannot do that, she needs to have all of her things out of the house and off of the property before December 17. Possession changes to the new owner on the day of the sale. That being said, if getting everything out is impossible, your sister can call the foreclosure attorney and ask for a little more time. Sometimes the lender will agree to this. One thing that your sister should be sure to do is find new homes for any pets that she cannot take with her -- she should not leave them in the house with food and water because, if the lender buys the propety, it could be months before anyone goes into the house. She should also take care to not cause undue damage, because the lender can then sue her for any resulting loss of value. If the house sells for less than is owed, the lender may try to sue your sister to collect any difference. If that happensd, your sister might consider bankruptcy to get rid of the debt. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Do I have to wait until I get my tax refund and spend it before filing court papers for Chapter 13? If I have the funds for Attorney fee and filing paper work, can I file before I get the tax refund? I hope these questions make sense?! Thank you for your time!

You can file your bankruptcy case before you get your tax refund, but, you may end up having to pay the refund into your chapter 13 Plan, for distribution to your creditors. A bankruptcy attorney can help you figure out exactly when you should file, and what might happen to your tax refund. If you do not already have an attorney, our office has a free initial consultatiuon. You may call 573-442-8123 for an appointment.

me and my wife are considering bankruptcy and we would like to know if it would cover a recently purchased vehicle witch is gonna have to continue making payments seeing how we are useing our taxes for the down payment and its our only form of transpertation and have two kids thanks youre advice would be greatly appreaciated

We are not sure what you mean by "cover" your recently purchased vehicle. If you are worried that you might lose the vehicle, the answer is that you probably will not. The creditor does not want it back as long as you are making the payments, and it is very unlikely that the bankruptcy court would order it to be sold. When you file your bankruptcy case, there are legal protections that will be applied to your real estate and personal property. These protections, called "exemptions," make it so that you can keep the property. Very few people ever lose any property in a bankruptcy. When you consult with a bankruptcy attorney, the attorney will discuss your property and exemptions with you. Our office has a free consultation policy. If you would like an appointment, please call 573-442-8123.

I need to know who I can talk to ,to see what options I have concerning credit cards,we were both laid off for over 3monthscjustvgot back to work ,

For a good analysis of your situation and options, we encourage you to see a bankruptcy attorney. This attorney should be able to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. A ggod bankruptcy attorney will also be able to understand and explain alternatives to bankruptcy that may be availalbe to you. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I am a cosigner on a debt for someone who declared bankruptcy. It is now, of course, affecting my credit report. If I pay off that debt, can I get that removed from my credit report? Thanks for your help. :)

The mere fact of a co-signer's bankruptcy should NOT be affecting your credit score. It may show on your credit report as "discharged by co-debtor in bankruptcy," but, if you are paying the debt (as you agreed to do, when you co-signed, if your co-borrower defaulted), your credit report should be showing "paid as agreed." If your co-debtor is in Chapter 13 bankruptcy, then you should make sure that her/his "Plan" shows that the debt will be paid in full. Otherwise, you should go ahead and pay the debt, and file a claim for payment in the Chapter 13 case.

I filed bankruptcy in 2004 and I am currently having my wages garnished--when can I file bankruptcy again, so that I can stop the garnishment? Thanks, Allen

You must wait at least eight years between Chapter 7 bankruptcies. Since you filed in 2004, you will not be able to file another Chapter 7 until 2012; but, if you filed your Chapter 7 case early in 2004, you may be able to tough it out for the few months remaining until you can file again. We advise you to not wait -- see an attorney now, because, under current eligibility requirements, you may not be able to file a Chapter 7 even after your deadline has passed. In that case, you may want to go ahead and file for protection under Chapter 13. In Chapter 13, you will have to set up a plan that will allow for at least partial payments to your creditors. While this may not be how you want to deal with the debt, it will help by keeping creditors off of your back and stopping garnisheements. A bankruptcy attorney can explain to you in deatil how this will work. The attorney should also be able to understand and explain to you that you can dismiss your Chapter 13 case and file a new Chapter 7 after your eight years has passed, if you are otherwise elibible. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

If I am under water 10% on my home, owe $14k on a $10k auto, earn 60% of what I need (downsized)and owe 2 years income in unsecured debts, which bankruptcy is for me, how long before my credit can be restored, and how do I pay for the legal work if I am within 5 years of retirement?

Because of the nature of bankruptcy law, your question is too complicated to answer without a in-office appointment; in addition, the answer requires analyzing more information than you have provided. A competent answer would take into account such factors as whether you are behind on your mortgage and car payments, when you purchased the auto, your household size and total gross household income, the types and amounts of debt that you have, and the types and values of your assets. How long it takes for your credit to be restored depends on how you handle credit and debt repayment after bankruptcy, and whether you have sufficient income to meet your obligations. Paying for bankruyptcy is not usually a problem, because before you file you will stop paying debts that will be discharged in the bankruptcy; that money can then be applied toward your legal fees. In some types of bankruptcy you are allowed to pay some or all of your fees after the case is filed.

I'm on disability and that is my only income and I don't own anything except a 2000 chrysler van. I owe back taxes to the State because of a mistake made in 2007 that was discovered in 2009. can the state take payments from my bank acct even though I don't have enough to live on?

The state should not be able to attach your federal social security payments. However, you might want to check with a social security attorney just to make sure that we are correct.

Ms. Long I am dying of lung cancer. I am 49 and was not prepared for early retirement let alone total disability etc... I could cry a river here but wont. I am having to live off of 637.00 a month, thank God for moms. I need to speak with someone with reguards to bankruptcy options. Is there any help for people caught like I have been caught. The stress and anxiety just trying to make bills is almost more then I can take. Please tell me there is something I can do. I can come up with some money depending on how much. Look forward to hearing from you.

If you are on total disability, you are probably "judgment proof." This means that if a creditor sues you, and takes a judgment, they probably will not be able to collect any money from you. However, if you are drawing a pension, or you have money in a savings account, certificate of deposit, or health savings account, creditors can take that property (but only after they sue you). There are other types of property that a creditor can take, and your options would be explained to you at your first appointment with a bankruptcy attorney. Our office has a free consultation policy. Please call us at 573-442-8123 if you would like to set up an appointment.

when your bank forcloses on you how long do you have to get out after the auction

We are a bankruptcy law firm, and your questions is not really about bankruptcy. However, we can answer it in general terms, according to Missouri law: when a foreclosure sale takes place (the day that the property is sold on the courthouse steps), ownership changes immediately. This means that the new owner has the right to take over and live in the house that day; therefore, the old owner must be out out of the property as of the day of the sale. That being said, if there is a strong possibility that the bank is going to be the only bidder, or the only successful bidder, it may be possible to work out a plan where the old owner can stay on the property and pay rent to the bank after the sale. This needs to be negotiated well in advance, and can be a problem if an unexpected buyer comes in and buys the property on sale day. Filing a bankruptcy case before the sale takes place will stop a bankruptcy sale, and may result in the owner being able to restructure the past due debt so that he or she can keep the property. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I actually need advice concerning the home I rent but there is no category for this here. Can you direct me to the right place?

We are a bankruptcy, only, law firm. You probably need advice from someone who handles landlord/tenant law. You might try calling the Missouri Bar Association in Jefferson City for a referral, or look in the phone book for a landlord/tenant attorney, or for an attorney who has a real estate or general legal practice.

How Much is a Bankruptcy

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I am teacher who lost my job at one school and had to take a job at another school for smaller pay, plus a lot of added expense for travel to the new school. We are now struggling, and although we have not fallen behind on our bills yet, we cannot keep up with them for much longer as we have depleted all savings and are about to go in the red in the next month or two. I have been told that if I declare bankruptcy that the court will take my PSRS teacher retirement fund (I have been teaching for 20 years, am now 60 years old, and depend on PSRS for my retirement). My question is two parts. First, are we even eligible for bankruptcy, and if so, will I lose my Public School Retirement if we do declare bankruptcy? Thank you.

Most people with ordinary income and assets are eligible for bankrutpcy, but you should talk to a bankruptcy attorney to be sure. Retirement plans are protected from seizure by creditors and bankruptcy trustees. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Since I need a partial after having a tooth pulled, I understand there are different priced partials. What are they and the price differences?

There are three ways to replace a missing tooth: an implant and crown, a bridge, or a removable partial denture. Of the three an implant is the closest to a natural tooth, but it will also require the most time and money. The cost of an implant and crown is going to be at least $3000 and will probably take at least 6 months before the tooth is replaced. A bridge is a good way to replace a missing tooth if the teeth on either side of the space need crowns. A bridge is a series of crowns that are connected together into one piece so that it uses the teeth on either side of the space to "bridge" the gap. It is cemented into place therefore it is not removable. If your space does not have a tooth behind it then it would be more difficult to do a bridge. It requires 2 appointment a couple of weeks a part. A reasonable estimation on the price of a bridge is $2100-2800. A removable partial denture is the least expensive way to replace multiple missing teeth. If there is only one tooth missing it is not always the best long term solution. There are different types of partials depending on the type of material that it is made out of. They take 2-4 appointments to complete and the prices range from $750 to $1400 depending on the type. I would encourage you to schedule a time to talk about your specific needs with a dentist. It is impossible to know which type of tooth replacement would work best for your situation without performing an exam.

I am looking to settle about $20000 in credit card, personal loan and medical debt. Can your office help me? I am not interested in Chp 7 or 13 at this time. Thanks

Thank you for your question. We are a bankruptcy law firm because we believe that bankruptcy is a wonderful area of law that helps many people with immediate debt relief. We don't have a lot of confidence in most credit counseling or debt settlement agencies that promise to help. The plain fact is that most of them cannot help, and all but a few are just in it for the money -- your money! Before you turn over any money to one of these companies, talk to a bankruptcy attorney so that you will have complete information on which to base your decision. During the consultation, the attorney will discuss your complete debt and asset situation, and present all of your options. We encourage you to see an attorney who does bankruptcy, only. Bankruptcy law has become complicated in the past few years, and you will need an attorney who keeps up on and understands the changes in the law. This attorney should also understand how debt settlement agencies work, and whether you might be helped by using such an agency. Our experience has been that debt settlement agencies can only help you with credit card debt. If your debt includes judgment, payday loans, medical debt, repossessions and pending foreclosure, they cannot help you. We file bankruptcy cases for many people who have struggled for months or even years with paying through a debt settlement agency, only to end up owing as much or more than the original debt. If you decide to go with a debt settlement agency, choose one that, at the very least, meets these conditions: a. They tell you up-front how much your fees will be; b. They have a local office, so that you can walk in and talk to the person handling your account; c. They will work with all of your debt; d. If you want to get out of your contract with the company, they will let you out with no hassle and completely refund of all money that you have paid in, less their reasonable fees and less any amounts already disbursed to your creditors; and, e. They are completely honest about what happens if you have to miss a payment -- whether it can be made up, or whether you'll be kicked out of the program. DO NOT sign up with any company that makes you pay into a savings account that they control. The idea is that when you have enough "saved" to pay off all or part of a debt, they will negotiate the debt for you. You have no guarantees that the money you are paying to them is safe! Check out any company that you consider with not only the Better Business Bureau, but also the Attorney General's Division of Consumer Affairs -- they will know if there have been complaints about the company. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I am thinking about filing chapter 7 my question is if I decide to file when do i stop making payments on my debts do I continue until discharged or do i stop once I have obtained the attorney

We advise you to consult with an attorney before you stop paying your debts. You may be absolutely certain that you want to file a bankruptcy case, but there may be a reason why you cannot or should not file.

What woul you do with a $50-$750 educational grant from the EEE PTA?

We are a bankruptcy, only law firm. We are not sure what kind of grant you have. Before you do anything with the money, check the grant paperwork to find out how the grantors want you to spend it.

I have just recently found that I am being sued and I was wondering about filing bankruptcy. I do not have the bills that I would need to file is there any other way to obtain it such as credit reports?

Before your bankruptcy case is filed, either you or your attorney should get a 3-bureau credit report. In addition, you should give your attorney copies of all bills, statements and collection letters that you have received, as well as any loan papers that you have. Different attorneys have different ways that they handle this; for instance, we download the credit reports for you, where other attorneys may want for you to bring in copies of the reports. Before gathering papers, talk to a bankrutpcy attorney. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

My husband was sick for a year and on unemployment,then I got laid off for 3 months,it took over a year and half for my husband to get another trucking job,and me back to work,we have over 30000 in credit card debt from being off work,now we have gone from excellent credit to six months later not being able to pay credit card bills but keeping house current and cars ,I have talked to a credit counsellor ,they say to file bankruptcy ,my question to you is who can I speak to ,to see what our best options are?we work very hard and just want to get back on track

Since your credit counselor has recommended bankruptcy, the next step is for you is to see a bankruptcy attorney. Bankruptcy law is complicated, and subject to quick changes, so make your appointment with an attorney who practices only bankruptcy law. This attorney will devote the time needed to keep up with bankruptcy law, and will know how to help you. We recommend that you see someone who is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA). This group, and the attorneys who belong, are dedicated to helping people with debt problems, and making sure that bankruptcy information is available to anyone who wants to know the truth about bankruptcy and debt collections. If you live in mid-Missouri, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I am very confuse the difference between 7 and 13 chapters. I dont know which one I want to file. Most of my debts are just credit cards account. Do I have to include my car payment along with this filing ? I have 3 more payment to go and I want my car title soon after my payment are paid. But is it true if I include this in this filing .. I wont see my title til after another 3 years ?

If you are confused by the different types of bankruptcy, you should see a bankruptcy attorney who can explain them to you. An attorney who practices bankruptcy law full-time, as her or his only area of law, will be well-practiced at explaining the differences. She or he will also be able to take your circumstances into consideration and advise you as to which is the best type for you to file. Chapter 7 is a quick bankruptcy – it is over about 100 days after your case is filed in the court. In Chapter 7, most people do not make any payments toward their debt, and all nearly all debt is canceled (discharged) at the end of the case. Debt that is not usually discharged includes student loans, most taxes, child support and alimony. If you are paying for a house and cars, those debts cannot be discharged, either, unless you want to give up the house or cars. If you want to keep your house and cars you can do that if you keep the payments current. Chapter 13 is a way for people who can afford to pay back all or part of their debt to reorganize the debt and make payments on a schedule that they can afford – not what their creditors demand. Chapter 13 cases last from 36 to 60 months, and you will have to make payments to a bankruptcy trustee who will pay your debts during that time. As for you question about the car: the creditor should release the lien and return your title as soon as the car is paid off – no matter what type of bankruptcy case you file. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will cover your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), American Bankruptcy Institute) ABI, and National Association of Consumer Advocates) NACA.

I'm considering bankruptcy.My husband and I took out bankruptcy in 2004. I am now a widow, 62 yrs.old on s/s I have a 17 yr old who also gets s/s. I had my house paid for at one time but due to medical bills and other bills after my husband passed away of cancer I financed the house. then later had to take out a 2nd to do repairs on the house. Long story short I can't keep up with all the debt. When my daughter turns 18, in a few months, I really won't be able to pay. The only things I have are two cars, 2004 pontiac and a 1997 ford both are paid for---one of which my daughter uses and will need to go to college(if she can get enough scholarships and grants) I would like to move out by my older children in Ks.so I guess what I need to know is bankruptcy a good idea and and can I take it out?

If your goal is to get out from under the house payments and other debt, then bankruptcy will be able to do that for you. You will be able to surrender the house back to the lender, and discharge both the 1st and 2nd mortgages. You will also be able to get out from under any other credit card, medical and loan debt that you have. Our office has a free consultation policy. If want to explore bankruptcy as an option, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Hello, I had major surgery and have creditors hounding me. I should finish healing and go back to work. When I do,can I prevent my new income from being garnished? Do creditors have a standard of limitations law to abide by. Due to surgery I'm now on medicaid. Also, I put a friend on a one of my checking accounts. If she used my money for her personal use,might I have some recourse? Thank-yoy for your assistance, micky kribs

In order to garnishee funds, a creditor must first sue you and get a judgment against you. If your only source of income is now social security, then those funds cannot be garnisheed. However, if you have other money (in a savings account that you started while employed, for instance), that money can be siezed IF the creditor has a judgment from a court. You should also be careful if you own (or are buying) your home. A judgment gives your creditor a lien on your home. As for your next question: if your friend takes or misuses the money in your account, you can sue her to get it back, but you probably won't get it back, even if you win. Also -- you probably will not be able to prosecute her for theft. Be careful to not give your friend too much access to your money. If you need someone to be on the account in case soemthing happens to you, talk to your bank or to an attorney about the best way to set that up. Our office can help you with your debts if you are thinking about bankruptcy, but we do not do the type of law that you need in order to set up a plan to safely protect your property and money in case of illness or incapacity.

Will me filing bankruptcy hurt my daughter getting into college?

I have never heard of a college taking the credit history of a parent into account when deciding whether to admit a student. For one thing, the admissions office would not be able to get the information unless they asked the parent to give them an authorization to obtain the credit reports. If, however, your question is whether your bankruptcy can keep your daughter from being able to obtain a student loan, the answer is yes, and no. Financial aid officers are seeing LOTS of parents and students who have prior bankruptcies, and they know how to deal with that issue. What usually happens is that if the parent had a bankruptcy, then the student may not be able to get a privately funded loan (such as a loan through a bank), but the student will then become eligible for a federally funded loan, which comes directly from governmental sources. If you have any questions about this, have a frank and open talk with your daughter's financial aid officer, and do it soon. He or she will know exactly what to do, or will be able to find out.

Is it possible for one spouse to declare chapter 7 & not the other? All credit card debt is in my name. Also we own our home, but don't have much equity in it. How does chapter 7 affect our home ownership? Thanks Michelle Fox

One spouse can declare bankrutpcy without the other. Bankruptcy does not affect home ownership as long as you keep making the payments on the home, and as long as there is not too much equity to be protected by the bankruptcy exemption statutes. When you have your consultation with the bankruptcy attorney be sure to be truthful about the value of your home and the amount that you owe against it.

My husband and I purchased a timeshare and want to get out of it. Can you tell us if we quit making the payments what the timeshare can do because have a mark on our credit? Can they take our home,cars,etc? We have researched selling it but that doesn't appear to be a option and we just want out of it and lose the money we have put into it so far. We are going to call them and let them know what are are planning on doing. We don't want our credit runined but don't want to get further in debt. Thank you for any advise you can offer.

We are a bankruptcy law firm, and your question is about creditor's remedies, but we can give you a general answer. In Missouri, timeshares are usually treated like real estate, meaning that there is a Deed of Trust recorded in the county in which the timeshare is located. The loan is then treated like a mortgage -- if you do not pay, the lender will foreclose, and the property will be sold on the courthouse steps. If the lender does not get enough at the foreclosure sale to pay off the note and costs of sale, the lender may try to collect from you. If the lender tries to collect, and you do not pay, the lender may sue you in court to obtain a judgment against you. Once the lender has a judgment, it can garnishee your wages and sieze bank accounts and other personal property until it is paid in full. If you own (or ar buying) other real estate, the lender can put a lien against the other real estate. The foreclosure, lawsuit and real estate line will all show up on your credit report.

Currently I have a car financed through CNAC the financing company that JD Byrider uses. The loan is designed for people with bad credit. Just the other day the transmission went out of it. I signed a 3yr note and have been paying on the car a year and half. The cost of putting a new transmission in far exceeds what the car is worth. However, I cannot afford for them to garnish my wages to finish paying for a car that does not run. I also have ALOT of other things on my credit. I am curious if bankruptcy will help my current situation at all. Thank you in advance for your time.

Bankruptcy is made for people in your situation! If you need to get out from under a bad car deal, and you do not make enough money to pay other debts, then bankruptcy will help you get rid of all of it. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Chapter 7 bankruptcy___if you forget to list an Annuity before the filing can the trustee take it for the estate.?

Yes. Talk to your attorney right away! Failure to correct your paperwork after you have discoverd the mistake can be interpreted as intent to commit fraud. However, coming forward and fixing the mistake before the Trustee finds out will show that it was an honest mistake.

Hello - I recently filed Chapter 13 Banktruptcy. I did not include my home in the bankruptcy. The lender has mentioned foreclosure and I am wondering if I would still be able to keep my home if I included it in my bankruptcy and did a Chapter 7? Also, I need to get a divorce as my so-called husband has left me three times and is currently involved with another person. Any assistance for hard working people who make too much to qualify for a little assistance but not enough to live either??

We apologize for not getting back to you sooner, but we only received notification of your question this morning. When you file any bankruptcy, any loans, including morgtages are "included;" however, what you may mean is that you wanted to keep the house, so you indicated that you would keep making the payments. If you did not make those payments, and the lender now wants to foreclose, you may still be able to keep the house and catch up the payments, but Chapter 7 may not be your best option for doing that. In addition, depending on the date of your Chapter 13 filing, you may not be eligible to file a Chapter 7 case. We suggest that you contat a bankrutpcy attorney for a comlete analysis of your situation. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates). If you believe that you might qualify for assistance with your legal fees, you should contact Legal Aid: 1-573-442-0116 or (800) 568-493, this is Mid-Missouri Legal Services aka “legal aid.” They depend on public funding, so they are limited in how many cases they can take, and the types of case that they handle.

Good morning. i am in process of getting a modification on my home mortgage with Bank of America since being unemployed since 06/22/2009. I am doing some free lance massage therapy to get some income going. My question is that I purchased a 2006 Chevrolet Malibu in 2008 and the payments of 329.00/ month are being paid. I have my personal property tax assessment of a little over $2,000.00, I know my payoff is about 13,000.00 for this car. Is there a way to address that I am so upside down in this car to just pay what it is actually worth since I am so financially distressed right now?

Other than getting your auto loan company to reduce your payments, the only way that we know of for you to reduce the car payment is through a Chapter 13 bankruptcy. This will not work for everyone, but, because you purchased your car in 2008, you may be able to use bankruptcy law to force the lender to let you pay it off at the fair market value. Another advantage to Chapter 13 is that you can reduce the interest rate that you are paying for the car, and extend the pay-off period so that the payments will fit your budget. For a complete and detailed analysis of your situation, you should consult with an attorney whose law practice focuses on bankruptcy. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Hello, I was laid off and have a mortgage of over 800 per month. I have used all my savings while looking for a job to take care of it however, am out of money to pay both that and other bills. I have down sized as much as I am able to at this time. I have two credit cards that are working with me on a payment plan. The other two are not. I also have two hosptial bills that I have not been able to pay. My question is: should I file? and would I lose my house? Is it worth it? or should I just pay late and see what happens? I have had my home for almost 8 years. Thank you, Theresa

We apologize for not getting back to you sooner, but we only received notification of your question this morning. We cannot give you a good answer to your question, because there are not enough facts included in your question. A lot depends on the amount of debt that you have and your ability to repay it, plus the amount that you owe on your house and the balance of your mortgage, etc. If you just try to pay late, you are risking lawsuits from your creditors, and judgments that will then become liens against your home, as well as wage garnisheements and bank account seizures. You are also facing years of bad credit reporting. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Are there any exempt properties when you take bankruptcy?

We apologize for taking so long to answer your question -- somehow we did not receive notice that the question had been posted. The answer to your question is yes, there are several ways to exempt (protect)your property in bankruptcy. Even though bankruptcy is a matter of federal law, the exemptions are governed by state law. Generally, there are exemptions that protect the equity in your home, automobiles, furnishings, clothing, retirement accounts, tools required for your trade or profession, etc. We strongly suggest that if you have questions about a particular type of property, you should consult with an attorney who is well experienced in bankruptcy law. The exemption statutes are far from clear, and their application in a bankruptcy case is open to interpretation by the court of the district in which your bankruptcy case would be filed.

Over my head with what rights I might have. Your attention to this ASAP is greatly appreciated.

We are not sure what kind of information you are asking for. If you want to know how bankruptcy works, and how you and your property are protected, we advise you to contact a bankruptcy attorney for an analysis that is tailored to yoour situation. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

what is the differance: chapter 7 and chapter 13. When they file a suit to collect a debt can they take all your belongings?

Chapter 7 bankruptcy is a quick bankruptcy – it is over in about 100 days after your case is filed in the court. In Chapter 7, most people do not make any payments toward their debt, and all nearly all debt is canceled (discharged) at the end of the case. Debt that is not usually discharged includes student loans, most taxes, child support and alimony. If you are paying for a house and cars, those debts cannot be discharged, either, unless you want to give up the house or cars. If you want to keep your house and cars you can do that if you keep the payments current. Chapter 13 is a way for people who can afford to pay back all or part of their debt to reorganize the debt and make payments on a schedule that they can afford – not what their creditors demand. Chapter 13 cases last from 36 to 60 months, and you will have to make payments to a bankruptcy trustee who will pay your debts during that time. If you are confused by the different types of bankruptcy, you should see a bankruptcy attorney who can explain them to you. An attorney who practices bankruptcy law full-time, as her or his only area of law, will be well-practiced at explaining the differences. She or he will also be able to take your circumstances into consideration and advise you as to which is the best type for you to file. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will cover your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), American Bankruptcy Institute) ABI, and National Association of Consumer Advocates) NACA. Q

We have retired and are living off our social security.I had cancer in 2009 which involved expenses that my insurance did not cover. Our home is in default & facing foreclosure. We owe more on it then it's worth so we're just walking away from it. We've sold all our furniture and we're living in our 5th wheel trailer. We've had to use credit cards the last few years to help through the difficult times. We have approx $50,000 in credit card debit, $4000 in unpaid medical expenses and owe $10000 on our trailer. Our truck is paid for and it's the only vehicle we have. We own a home that we do not live in, at this time, it's currently rented and it's our intention to move back there in 2 years. If we file chapter 7 will we still be able to keep the truck, rental house & 5th wheel if we continue to make payments on the rental house & trailer that we still owe on? Thanks for your help.

There are two different ways that you can file for bankruptcy protection, and the decision as to which is right for you depends on several factors: 1) whether you own the rental house outright -- that is, there is no mortgage against it; 2) the value of the 5th wheel; and, 3) the value of the truck. We stronly recommend that you see a bankruptcy lawyer right away, so that you can get a good assessment based on the facts of your situation. Although you only have social security income, which cannot be garnisheed, if any of your creditors get a court judgment against you, they will be able to attach the judgment as a lien against your rental property, and may be able to sieze the 5th wheel and truck to be sold for payment. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

My Ex-husband has a judgement against him in a civil suit for over $650,000, plus credit cards totaling close to $100000 and medical bills of at least $25,000. Can he file a personal bankruptcy. He owns nothing of value. He was never incorporated nor an LLC. What kind of fees could one expect to file such a large amount of debt.

We apologize for taking so long to answer your question -- somehow we did not receive notice that the question had been posted. Assuming the he is otherwise eligible, your ex-husband may file a personal bankruptcy. Whether he will be able to discharge all of the debt is another matter, and one that he will need to carefully discuss with his attorney. For instance, the civil judgment may not be dischargeable if he was found to have acted maliciously, the judgment was the result of driving while intoxicated or under the influence of illegal drugs, or is in the nature of child support, spousal maintenance, to tax debt.

My Wife and I went bankrupt on 9/15/05. We was wondering when we was able to file again? Also I changed my last name from Hendren to Robbins. But I am about to go back to Hendren. So I was wondering what impact or if that will hurt me? Also how much does it cost now to go Bankrupt? And also my wife and I are in College and we are getting loans and grants will that hurt us? and if so how?

We apologize for taking so long to answer your question -- somehow we did not receive notice that the question had been posted. Assuming that you are otherwise eligible, you have been legally able to file under Chapter 13 since September 16, 2004. You will be able to file a new Chapter 7 case on September 16, 2013. Your name change will not be a problem as long as you list all debts under either name, and completely disclose both names in your bankruptcy petition. After filing, you will have a hard time getting student loans from private lenders (banks), but if your credit is poor now, you may already have that problem. Have a frank talk with your legal aid advisor -- there is federal assistance available for people who get turned down for private student loans.

Can one spouse declare bankruptcy & not the other?

Yes, but you must be careful -- joint debts will be discharged as to the filing spouse, but the creditors will look to the non-filing spouse for payment. Be aware, also, that medical debt, even though for one spouse or the other is considered joint debt in Missouri if the treatment was incurred during the marriage.

Are there any attorney's in Southwest Missouri that will bankrupties at reduced rates or probono for low income families?

We are located in Mid-Missouri, so we are not aware of the rates charged by attorneys in the southwest part of the state. If you think that you might be eligible for reduced rates or free legal services, you should contact the legal aid office nearest to where you live. Try this website to find an office and submit an application: http://www.lsmo.org/Home/PublicWeb

I filed bankruptcy in 2008 and the lawyer recommended I allow the foreclosure to occur on my house. It had been on the market for almost a year and the agent had never shown it. I had been taken in by a mortgage company which granted me a mortgage beyond my ability to pay (1788/mth) and then I lost my job in Sept 2007. I got another job in Oct 2007 2 hours away, so I found property nearby and purchased it with a private lender (the builder)at 6.99% interest. There are 2 houses on the property, one is finished, the other I am finishing out of pocket hoping to develop equity. I have never been late, and I have no other outstanding bills at this time. The two houses work for me because I have responsibility for my mother who wants to be independent, but is not physically or financially able to do this. I want to refinance while the rates are low and hopefully get a little extra to build a barn (I have horses) and finish the second house. I know every time you pull your credit report your credit score takes a hit. I want to know the best way to go about repairing my credit and refinancing my property. I have heard that a car loan is a good way, but I want to refinance my mortgage most and don't want to jeopardize that. I had one company willing to give me a mortgage for one house if I split the property. Please advise. PS -Missouri is spelled wrong on this page in the first sentence of your blurb.

We are a bankrutpcy only, law firm, so we limit ouorselves to helping our clients get out of debt. We do, however, know of some general advice that may help you. First, pay your house and car payments on time every month, and regularly check your credit reports to make sure that your good payment history is being reported. If you have any credit cards, never go over half of your debt limit, and pay each card in full every month. You should be aware that many cell phone, cable and satellite TV companies, and medical collections companies now report to the credit bureau, so be sure to keep them paid on time. Before you apply for a new mortgage, check the rates that are available to you. Being only 3 years out of bankruptcy, you may not be able to get a rate better than 6.99%, even if you have super credit rating.

In 2003, we filed chapter 7 bankruptcy in Tennessee. It was discharged in February of 2004. Since moving back to Missouri 4 years ago, my husband has been unemployed all but 16 months. To say we have fallen on hard times is a severe understatement. We are willing to forego our home if necessary. Are we able to file Chapter 7 or 13 gagin?

If it has been a full eight years since your Chapter 7 case was filed, you are eligible to file a new Chapter 7 bankruptcy; otherwise you may file under Chapter 13. We are guessing that you probably filed in November or December of 2003, so you have at least 5 -6 months to wait for Chapter 7 eligibility. If you are in danger of losing your home, and want to try to save it, we advise filing a Chapter 13 case now. An experienced bankruptcy attorney can show you how you can get relief from your creditors now, and still get Chapter 7 discharge after your eight years has passed.

my dad filed 2 to 3 years ago he filed on a car that he had a title loan on. the loan place will not release the title nor will they pick the car up. they told him that the only way he can get the title is if he pays $13,000 in penaltys and the remaining balence . so now we are stuck with a car that we cant do anything with. do you have any advise?

You will not be able to get the creditor to release the title for the car unless you pay of the debt, or, UNLESS, you file a Motion for Declaratory Judgment in the Associate Circuit Court of the county in which you live, asking the court to rule that the creditor has "abandoned" the vehicle and the debt. It is not difficult to get this ruling, but it can be difficult to find a lawyer who knows how to file and proceed in the case. Our office has done dozens of these with good results, and the fee is far less than the $13,000 that your creditor wants! In the alternative, you can just keep the car insured (liability is all that is necessary)and drive it until it falls apart. Finally, if you just want to get rid of the car, then you should drive it, or have it towed, to the lender's place of business and leave it, along with your keys (don't leave the keys in the car: give them to an employee at the business), on their parking lot(not the street). Be sure to take your license plates so that no one can steal them.

i was wondering what it costs to file bankruptcy and if i possibly because my debt is because of credit cards i am not behind but it takes every cent i make thanks for your time reva howser

You can file for bankruptcy relief even if you are not behind on your payments, but once you have consulted with an attorney and have made up your mind that you will be filing, you will need to stop making the credit card payments. The money that you save by stopping the payments can be used to pay your legal fees and filing fees. There are several different ways that you can file bankruptcy and attorney fees vary depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I am an indigent person in the state of MO and I need to file Bankruptcy and I have no funds or income. I am to old for Welfare no minor children left and no husband, widowed and to young for Social security or anyother form of assistance. How would a person file bankruptcy in my case? Thank you for your kind assistance in the question. Respectively, Ellen Hofmann

If you live in Missouri, you should consult your local Legal Aid office (Legal Services Corporation). Depending on your situation, they may be able to file the bankruptcy for you, or provide you with an attorney. If you are not employed, and you are not receiving any pension payments from a former employer, you may be "judgment proof." Being judgment proof menas that you there is no way that a creditor can collect from you, even if they have a legal judgment from a court. We strongly urge you to talk to an attorney to find out if you are judgment proof. If you need to file under chapter 13 in order to stop the foreclosure of your home, your attorney may let you pay all or most of your legal fees through your Chapter 13 payment plan. In all cases, your filing fess and debt counseling fees, unless waived, will need to be paid before your case is filed. Your bankruptcy attorney should be able to show you how you can find enou8ght money in your household budget to pay the fee, and most will let you make payments until your fees are paid. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will cover your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), American Bankruptcy Institute) ABI, and National Association of Consumer Advocates) NACA.

What is the cost? Chapter 7?

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

My wife and I filed bankruptcy in 2004. How many years does this bankruptcy stays on our credit rating?

Bankruptcy filings generally stay on your credit record for ten years.

I have been being harrassed regarding a 5 year old balance, that I thought I had paid. I cannot find the receipt anywhere. After I paid it I did not hear anything else about it for 5 years, or more, and now have started getting calls from a collection agency. I have not received anything in writing in the past 5 years, and this is the first I have heard anymore about it. Can they sue/collect on a debt that I have not received anything on in over 5 years? I told them to send me something in writing, but they still have not. It is a payday loan I took back in 2005. Thank you for any help you can give. Robin

In Missouri a creditor can sue on a defaulted loan contract for up to ten years after the last payment or use of credit. Your payday loan was a written contract. If you paid it off by check, you can ask the bank to give you a copy of the canceled check; if by money order, try to trace the money order. You can also try talking to the original creditor to find out if they have the records -- they may have made a mistake and sent your file to the collection agency instead of someone else's file. If this collector is a company which bought the debt from the original creditor, they have to have proof that you still owe the debt. If they sue you, go to court and make them produce proof of the debt. If they cannot do that, the judge will throw out their case. If they sue you, and you ignore the summons, the creditor will take a judgment against you, and you will have to pay the debt unless you can prove that you already paid it.

I was wondering if some things are covered in a bankruptcy. I was taken to court for rent and also for a payday loan. Wondering if these things are covered.

Old rent and payday loans are definitely dischargeable in bankruptcy.

How long would it take to get out of debt, if I owe about $40.000? I am retired and my income is about $30.000 a month. Thank You

The answer to your question depends on how much of your income you have available to pay toward the debt each month, and how much of each payment would go toward principle as opposed to just paying interest.

what do you loose in personal itims when you file bankruptcy and how much does it cost.

Most debtors do not lose any personal property when they file a bankruptcy case. However, you should talk with a bankruptcy attorney to be sure that all of your property will be protected. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

We are considering letting our house go back to the bank. I am curious if the bank can sue us for the balance of the loan after the sale? I do not want litigation since it will not sell for as much as what we owe. THanks, Mike

The answer to your question depends on the state you live in, and the terms of your mortgage note. Generally the answer is yes -- the bank can sue you for the difference between what you owe and what the house sells for, if it sells for less than you owe (the "deficiency"). If you file a bankruptcy case you can get rid of the deficiency, along with your other debt. Something to beware of, however: if the house sells for less than you owe, and the bank forgives the balance, then the IRS considers the amount forgiven to be income for you -- ouch! But, again, if you discharge the debt in bankruptcy, the forgiven "debt" is not considered income. Bankrutpcy can also help you keep the house, and you may want to explore that as an option before letting the house go. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Can someone file bankruptcy and still keep their home or car?

Almost all people who file a bankruptcy case are able to keep their home and car. However, you should talk with a bankruptcy attorney to make sure that your property will be completely protected. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

my wife and her sister own a house together since their mother died this march. Her sister in financial trouble. We are thinking about buying her half,but she badly in debt and don't want to get the house involved. Would it be better for us to let her file and then see what we can buy her half for, or go ahead and buy now?

If your wife's sister is going to file bankruptcy, you might be better off to wait until after she files before you do anything with the house. If you try to buy out her half before she files, either you or she will have to pay for an appraisal, and you will have to make sure that you pay her half of the "fair market value" of the house. If you wait until after the bankruptcy is filed, the bankruptcy trustee will pay for the appraisal, and you may be able to dicker with him/her over the amount that you will pay.

WOULD YOU HANDLE A BANKRUPTCY IN MONTGOMERY CITY-MONTGOMERY COUNTY? WE'RE INTERESTED IN FINDING OUT ABOUT A POSSIBLE BANKRUPTCY, BUT DON'T WANT TO HAVE HANDLED BY SOMEONE "IN TOWN". IF YOU DON'T HANDLE MONTGOMERY COUNTY COULD YOU RECOMMEND SOMEONE ELSE IN COLUMBIA WHO DOES?

Bankruptcy is filed in federal bankruptcy court, not county court. Montgomery City is in the eastern filing district, but we will handle cases for people in that district IF they reside within Audrain County.

I was recently laid off, I'm paying on 3 houses 2 of which I want to keep of them and let one go back. Is this allowed?

The answer to your question depends on several factors, including, but not limited to: how the real estate is financed, whether your payments are current on the two properties that you want to keep, the equity in the properties, and what type of bankruptcy you will be filing. A bankruptcy attorney will explore these, and other relevant issues with you during your initial consultation.

My daughter is in a terrible financial situation. As a result of being with a boyfriend who influenced her badly and left her on her own with 2 kids under 3 yrs to raise as well as most of the bills, she is finding herself in a bad place and can't pay her bills. She has been sued by several people: landlords, medical, etc. Would bankruptcy be an option for her? If she was sued and ordered to pay is that something that bankruptcy would clear? She doesn't really have any current debt other than living expenses, but after being left with the lease and damages and medical bills, she is going to be paying more to others than she has to live on and support her children. Please advise if bankruptcy might be an option for her or if you have any other suggestions. I can have her contact you too if you need more information. Thank you.

Bankruptcy is a probably a good option for your daughter. It will get rid of most debt, including old rent, utilities, credit cards, medical debt, etc. It will also stop creditor calls, wage garnisheements and lawsuits. If your daughter would like more information, our office has a free consultation policy. She can call us at 573-442-8123 for a free in-office appointment. We will discuss her bankruptcy options, and what she needs to do to file, as well as the complete cost of her case. She can set her own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Can I file bankruptcy on debts i got after my divorce was final. I was ordered by the court to take responsibility of certain debts. When I file bankruptcy can I add those debts.

If by "debts I got after my divorce was final," you mean NEW debts that you incurred post-divorce, the answer is yes, and the debts, if they are dischargeable, will be discharged. If you are referring only to the debts you were awarded in the divorce, and those debts were joint with your ex-spouse, then the answer is most likely, no. You should see a bankruptcy attorney for a thorough analysis of your debt. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I have a friend (i really do) that has a daughter that attends a private high school and is a senior. He owes the school $20,000.00 for back tuition. The school says that they will not release his daughter's transcripts, report card, or diploma until he pays. He says he will declare bankruptcy and then they will have to release the three documents. Is this true?

By "is this true?" do you mean can the school withhold the transcripts, etc.? The answer is probably yes. Schools often do this in order to make sure that they get paid. As to whether your friend can discharge the debt in bankruptcy, the answer is possibly yes. Student loans are generally not dischargeable in bankruptcy, but your friend's debt is for tuition to a high school,, not secondary education. His bankruptcy attorney wil have to look carefully at the facts of the case. However -- just filing the bankrutpcy may be enough to get the school to release the transcripts, etc., because to keep them in order to assure payment is a violation of bankruptcy law.

Due to a second job and business loss, my husband and I had to leave our home of 3 years. We tried to hang in there for over a year when we realized we were just getting further in debt. We tried working with the bank and even was accepted into a special program to help homeowners, but it only lowered our $1,700 payment by $100. Still struggling we decided to move closer to my husbands full time job. We have 5 children living at home. One is getting ready to move soon after finishing his MP Basic training. We had no choice but to file Bankruptcy in September. My husband has one fulltime job we live close too now. I am a stay home mom. We received our letter of discharge in November 2011. We just filed our taxes and was wondering if the court has the right to keep our refund or after we surrender it to the court will they allow us to keep it? We need it desperately. We have downsized since moving. We rent now and are just starting to enjoy a few of lifes finer things. By that I mean hitting the dollar menu with the kids. Please let me know what you know about this. Our Lawyer isn't very helpful at this point or maybe he doesn't really know. Thank you so much, Debb

In short -- the Trustee does have the legal right to take your refund, but there are exceptions. The amount to which the Trustee is entitled depends on when your case was filed, the monetary amount of the exemptions applied to protect the refund, and how your district bankruptcy court treats tax refunds. The attorney who filed your case should have explained all of this to you when you filed, or should be able to explain it to you now. If that fails, don't hesitate to call your Trustee and as her or him. The Trustee's telephone number will be on the Notice of Case Filing that the Court sent to you right after your case was filed.

What information/paperwork is needed for the initial consultation? How long do bankruptcy proceedings last?

Each bankruptcy attorney has his or her own set of paperwork that they want for you to bring to your initial consultation. For instance, if you set an appointment to come to our office, we will send you a short information sheet and questionnaire to fill out and bring to the appointment. We will also ask you for proof of income, because this is important to deciding which type of bankruptcy will be best for you. The length of your bankruptcy case will vary according to which type you file. Chapter 7 cases last about 3 months; Chapter 13 cases last from 36-60 months. If you are thinking about filing for bankruptcy relief, our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

My husband filed from chapter 13 bankruptcy in January 2011 but I did not. We used to file our taxes as "married filing jointly". What will be the best way for us to file now?

Your husband should check with his bankruptcy attorney for the answer to this question. Some attorneys calculate anticipated refunds into the money available for Plan payments, and others do not. The answer will depend on how his attorney calculated the Plan payment. Another consideration may be the percentage that each of you earn, and how the refunds can be allocated to that percentage. For example, if you earn most of the income, then most of the refund would be considered yours if you file jointly. The part that is "yours" is not part of the bankruptcy estate.

I was discharged with chapter 7 in June 2011. In misspuri .I am just about t file my taxes, we recently had our 3rd child so our refund will be about 7000 total... Will that be taken away by trustees?

Because your case was filed early in 2011, there is very little chance that the trustee will want your 2011 tax refunds, but check with your attorney.

My plan is complete and I received a 1099A from timeshare about the interest I owe my time share, my time share is on schedule F. you pay for points on the time share my question is do I have to amend the plan or do I just need to add it to a different schedule. How do I get out of filing 1099A on my taxes it like 7900.00 in interest on my means test and income I only have to pay back my car so my plan is 400 a month for 36 months total amount to pay is 14400 this plan is correct approved by trustee

Yours is a tax question, not a bankruptcy question. We suggest that you consult with a tax attorney or CPA.

I saw an ad on tv for Mid Mo Expert regarding questions about bankruptcy. I have more debts than I can keep up financially. I am responsible for these debts and take ownership of them but am looking for help in eliminating the majority of the debt. I know bankruptcy is not the ideal solution, nor is it the only solution but am considering it and would like additional information from Dianna Long. My cell phone number is listed although email is probably best initially as I work in a classroom and do not have access to my phone until after 4:00 p.m. I look forward to hearing from you soon. Thank you. Terri Honeycutt

We can only answer questions through Ask the Expert, or at an in-person interview at the office. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

What is the cheapest way to file bankruptcy? I have already done the entrance counseling. Thank you for your time!!!

If you have already done the entrance counseling, then you know that your certificate expires in 180 days. We advise our clients hold off doing the initial counseling session until just before filing. Have you already talked to an attorney? If not, and you are planning to do your own bankrutpcy, that is certainly the "cheapest" way to file -- initially. It may not turn out to be so cheap,however, if you end up losing your home, car or tax redund to the bankrutpcty trustee.The cheapest way to file and get through a bankrutpcy is for you to talk to and hire a bankruptcy attorney who knows bankruptcy thoroughly -- not just someone who quotes you the lowest price. Your attorney needs to understand, and be able to explain to you, what can happen to your assets if they are not properly protected before the bankruptcy is filed.

What is the cost for Chapter 7

The answer to your questions depends on your total situation. You should contact a bankruptcy attorney for a consultation. During the consultation, the attorney will discuss your complete debt and asset situation, and present all of your bankruptcy options. We encourage you to see an attorney who does bankruptcy, only. Bankruptcy law has become complicated in the past few years, and you will need an attorney who keeps up on and understands the changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Can you file bankruptcy on unsecured debt only? Credit cards, small loans, credit line, ect...

All debt must be listed in a bankrutpcy, but you can keep secured debt if you continue to pay it. Thus, your bankruptcy will get rid of just the unsecured debt.

hello, we are in debt do to my bussiness is being upside down. I voluntary returned 3 cars to the original dealership with a value of $ 110K and they cost me about 2500.00 every month. We owed more on them what they where worth. We want to file for chapter 7 but are afraid, they would take our home. Our home is worth about 90K and we owe about 20K still on it. Can they take our home if we file for chapter 7 ? We did file already ones in 2001 for chapter 7 thank you for your time Dieter

If you live in Missouri, and you have 70K equity in your home, you are at risk of losing it in a chapter 7 bankruptcy. We say "at risk," becaue there are ways for you to keep the home, depending on whether you are married, whose names are on the deed, and whether your spouse will be filing bankrutpcy with you. Please consult with a bankrutpcy attorney who understands Missouri law reagrding the property of married couples, as well as local home prices, current appraisals and how your local trustees consider the value of your real estate when deciding whether to take it. Your attorney should also understand how you can protect the home with a Chapter 13 filing.

I have been receiving letters and phone calls from capitol one for about a year now claiming i owe over 2000 dollars on a account that is from 2004. Over 7 years old, and i have repeatly told them by letters that this is not my account. They contiue to write and call me saying they know it is my account and said my address is on one of the bills from 2004. They said that i sent a few money orders in 2004, but i have told them i never did. I have filed many complaints to the missouri attorney generals office, and they could not help me because capitol one told them that they know the account is mine. It is not mine, what else can i do. They have threatened to sue me and any legal ways to collect, can they sue me even though i dispute this and even though it is over 7 years old.

Your questions is about debt colection, and we are a bankrutpcy law firm. Although the two are related, we do not deal with debt collection law. However, we do know enough to be able to tell you that Capital One can sue you, and that through that lawsuit you may finally be able to get them to give you the evidence that they claim to have, or, if they cannot provide it, get them to shut up and go away. This is not a very good result for you, though, because the fact that you were sued will show up on your credit reports. If Cap One is reporting this debt on your credit report, you can file a dispute with the credit reporting agencies that show the report, however, the credit reporting agencies usually just rubber-stamp creditor claims that the report is accurate. What will happen, though, if the credit reporting agencies do not actually investiget the claims, is that you now have a case against Cap One AND the credit reporting agencies for violating the FCRP (Fair Credit Reporting Act). It is difficult to find an attorney who handles these cases, but you might check the National Association of Consumer Advocates (NACA.net -- be sure that you use "net" not "com" or "org"), for names of attorneys that you can contact. You may be able to find someone as close as Kansas City or St. Louis. One final issue, and one that you will want to be sure to raise if they sue, is that the statute of limitations is 3 years for credit card debt.

If you debt was before you was married, do you have to file with you spouse?

You never have to file with your spouse; the only reason to consider doing that is if you have joint debt that you want to get rid of, including medical debt incurred after the marriage, or you both have debt incurred before the marriage that you ned to get rid of.

My wife and I live in NC. We stopped paying on 30k of credit card debt in June of 2009 due to the economy,the increased interest that the credit card companies started enforcing, a slow down at my job, I'm an automobile technician, and my wife being put on call frequently at her job, she's and RN at a hospital. We made the decision to quit paying on those cards opposed to stopping payments on our mortgage as we wanted to keep our house. Most of the debt was due to renovations of our home prior to and after moving into the house. We have endured the harassing phone calls from the credit card companies and several collection agencies. We just received a letter from a law firm representing the 3rd or 4th collection agency that claims to own the debt, of intent to file legal action. I know NC has a 3 year statute of limitations on credit card debt. If they file after June, the debt becomes "time barred", can they still take us to court? We are currently not in a position to repay this debt due to my wife having to cut back to part time at her job due to her father, who is currently living with us. She has had to care for him medically since he had a heart attack and other major medical issues last year. She has had to take him to and from doctors several time a week. Our monthly income doesn't leave us any disposable income, after bills are paid and other living expenses we have about 150-200 dollars a week left for incidentals, which with 2 children in school, there are always incidentals. Also, we have a travel trailer that we use for vacations, my father in law actually paid for almost the entire thing (an effort to help us since he moved in and my wife had to cut back on working), he paid 5k down and also about 6k to pay it off. This our means for family vacation due to the expense of hotels etc. We utilize campgrounds for 1/4 the cost of lodging and cook our own meals, etc... Do we stand to lose this travel trailer if they take us to court, if we file bankruptcy, can we lose the travel trailer. Should we go ahead and find a bankruptcy attorney or wait and see if the collection agency actually files against us in court? And if they do file against us in court, can we file bankruptcy to stop any court proceedings and/or summary judgments?

We are located in Missouri. The statute of limitations regarding lawsuits over debt is governed by state law; therefore, you should consult a NC attorney regarding your credit card question. The same goes for bankruptcy -- although bankruptcy is a matter of federal law, exemptions available to protect your property are determined by state law.

If I go bankrupt can they take my IRA funds

In general, retirement accounts are completely exempt from being taken by creditors, or by the bankruptcy trustee on behalf of creditors. Because IRAs are self-funded, your bankruptcy lawyer will want to know how it was funded, and over what period of time. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Last year I lost my job. I went with unemployment for a little over a year. Because I had no income, my debts increased majorily. I am now employed but finding it very difficult to make ends meet. I do not own a home, I currently rent. How much will this cost me, if I decide to go this route and approx. how long does the process take? Thank you

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

On the "Ask the Expert" site, it says your hours are 8:00 AM - 6:00 PM, but when I called at 4:45, the recording says you close at 4:30 PM. We work and cannot get to Columbia (from Prairie Home) by 4:30, but we have a day off on Monday, October 31st, a week from today. My wife has an 1:00 PM Dr. appointment that day, so could we get a morning appointment, say 9:00 or 10:00 AM on October 31st? We really need to find out if the bankruptcy route is the way we need to go. We are at our wits end trying to keep up with our payments and there is just too much month left at the end of the money! Please help! Thank you, Tom

Sorry for the confusion! We do not know why the Ask the Expert web site lists those office hours -- we do not have any control over the web site, but we will let them know that the hours are wrong. You can set an appointment by calling our office during office hours, or by going directly to our web site www.MMBKC.com, and clicking on "Set Your Own Appointment."

I have a friend in Illinois,(not me) who filed BR ch7 3 years ago. He did not re-affirm with city bank, but they did not foreclose, and he continued to live there and paid property insurance as yo usggested to another questioner below. Last year his neighbor was burning leaves, and burnt his house to the ground. His insurance, that he paid, gave him $20,000 for the contents, and wants to pay him $67,000 for the house, of which when he filed BR, he owed $60,000 but the city bank says he owes all the interest that he did not pay, and they want a total of $70,000 Are they crazy. The house is in a dilapidated area, and probably was not worth $40,000 The home and debt was all discharged in BR. What can he do? Since he paid the insurance, who is entitled to the insurance proceeds?

If your friend did not reaffirm the debt to the mortgage company, then he does not owe them any money. The insurance company should pay the mortgage company for the house, and pay your friend for the contents. If the bank tries to get more money from your friend, he should to get his bankruptcy lawyer involved.

A 50 year old family cabin was to be left half to my sister, half to me. When my mother was gifting us the cabin, I was ill and had been hospitalized for bipolar disorder. I asked that my sister receive my half as well, because I was afraid of upcoming doctor bills and did not feel competent at the time to handle the cabin out of state. (we live in CA, cabin is in OR) Currently, my sister is totally under insured, her husband has just gone through brain surgery, and is terminally ill. I've thought about suing her for my half of the cabin. Could she quit claim my half of the cabin back to me so it does not end up in a bankruptcy case? I hope to save the family cabin, which is entirely paid for. Other suggestions? I have been told it would be fraud if she gives it now to her adult children, but if I sue her or she agrees to quit claim, the fact that we have been squabbling over the cabin the last year could support my case.

We are located in Missouri, and, although bankruptcy is governed by federal law, the exemptions available to you to protect property are a matter of state law. In addition, bankruptcy courts vary in how they treat "exemption planning" (which is what you are trying to do to protect the cabin). We think that you should consult a California to find out what to do.

I have enough money to finance my mortgage and equity loan. I dont have enough for my credit card bills. Can I just declare bankruptcy against my credit cards?

All debt must be listed in a bankruptcy. However, most people confuse listing a debt in the bankruptcy with getting rid of the debt, but they are not the same thing. If you want to keep your home after the bankruptcy, you can do that so long as you continue paying the mortgages (yes, the home equity loan is a second mortgage -- the bank just doesn't call it that because "home equity loan" sounds nicer).

When a person files bankruptcy, can they include the home on which they have a mortgage? In other words, can they get out of paying the mortgage and keep the home? Thank you in advance for your help!

If you want to file bankruptcy and keep your house, you will have to continue paying the mortgage.

10/30/11 My son went to the Univ of Missouri 2004-2006 approximatly. His dad and I paid the tuition living expenses car gas food etc. out of our savings. He NEVER had a student loan. To make a long story short he flunked out twice . When he fluncked out the last time he owed abuut $4,000 in tuition . We told him that he would have to get a job and pay it , which he never did. The university sent him to collection for $12,000. He does not work , we pay his living expenses car hone etc. Now at age 26 he wants to go back to school and he was accepted at the university, but he can't start until he pays $12,000 off which he can't nor can his dad and I( we are both in our 60s) . He asked financial aid if the would reduce the bill and they said no. They are making him (ie me) pay %150 per month " god faith " payment. Should he declare backruptcey ? If he does can the university keep him out of school becaues of having declared bankruptcey. This bill is NOT an student loan because he never took any. If he returns to school he will have to get student loans. I know you are thiking that he is a dead beat kid, but he needs some advice as to how to proceed.

Your son's debt to the university is considered a student loan under current bankruptcy law. In 2005,Congress expanded the definition of "student loan" to include "an educational benefit overpayment" or "an obligation to repay funds received as an educational benefit," 11 USC section 523(a)(8)(A). He could declare bankruptcy to get rid of his other debt, so that he can repay the student loan, or he could take out a loan and offer to settle the student loan for a lot less than $12,000. The university cannot keep him out of school because he declared bankruptcy. We are not thinking that he is a deadbeat kid, but we are thinking that HE, and not YOU, needs to bear the consequences of his actions. We are guessing that he is in his mid-to-late 20s, and that he should be looking for the solutions to his problems, and not dependig on you to do it. Give yourself some relief and pass the burden on to the one to whom it belongs!

I recently filed bankruptcy and am still getting calls from my creditors, I am wondering if I can get a list of who was discharged to resolve my problem. I have asked for this from my bankruptcy lawyer but have gotten no response. Is this a matter of public knowledge that I can acquire or do I need to get it from my lawyer??

When you signed your bankruptcy petition and schedules (before filing), your attorney should have given you a copy. That copy contains names of all of the creditors and collectors listed, and discharged, in the bankruptcy. If your attorney will not give you a copy, and has not, or will not provide you with a copy of your file, then you should complain to your state bar association. By the way -- if you accidentally left a creditor off of the bankruptcy, the debt may still be discharged. Your attorney will have to explain to you how that works -- if you can get a response.

How much do I need to come up with for a Chapter 7 Bankruptcy?

Chapter 7 is just way one of filing for bankruptcy protection and, while you may believe that it is the correct type for you, the best way to be sure is to consult with an attorney. Attorney fees vary, depending on the type of case that you need to file, and the complexity of the case. To determine which type of bankruptcy is best for you, an attorney will analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Between my husband and I we have over $30,000 in credit card debt and some medical bills from an accident that happened at work that wasn't paid for by his former employer. He recently lost his job and found a new one, but is making $10 less an hour. I am current on the house and both cars, but I can't afford to continue paying my credit cards. I work for a bank so I am afraid to file for bankruptcy. My mother tells me it maybe best for me. Suggestions?

If you are scared that your employer will find out about the bankruptcy, consider this: is a bankruptcy worse than you getting calls from creditors at work? Being served with a lawsuit summons at work? Having your wages garnisheed? We have done bankruptcies for many people who work in banks, and, to the best of our knowledge, none have suffered any repercussions. Employers are not notified of a bankruptcy filing unless you owe the employer money. The only way that the bank that you work for will be notified will be if you have have a credit card or a loan issued by the bank -- but, even then, the notice will go to whomever services the loan or credit card, which may be some office several states away from your branch. The bankruptcy filing will stay on your credit record for 10 years, so, if you apply for a new job, a potential employer who runs a credit check will see the bankruptcy. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

My husband and I have been thinking about filing for bankruptcy. We have a lot of bills that have piled up that we just cannot pay and they are holding us from moving forward financially. We are planning to see an attorney, but I wanted to know a few things first so that I am fully prepared. What are the documents that we should take to our first consultation? Do we need a copy of our credit score and report? Am I able to file student loans on a bankruptcy? Thank you

Congratulations on considering the first step to living debt-free! Bankruptcy law is complicated, and subject to quick changes, so make your appointment with an attorney who practices only bankruptcy law. This attorney will have the time to devote to keeping up with law, and will know how to help you. Each attorney will have her or his own list of documents for you to bring to your first meeting, so be sure to ask the person who sets your appointment what you should bring. The attorney will definitely have questions about your income and assets, becasue those are factors that make a big difference in the type of bankruptcy that you should file, or are legally able to file. Unless instructed otherwise, you can skip getting your credit report -- the attorney will not be interested in your credit score, and information about particular debts is probably not going to be important to the interview. The attorney will advise you that although student loans must be listed as a debt in the bankruptcy, they are almost never dischargeable, but that there are exceptions to this "rule." Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates.

I feel silly asking this question but I need to know. My wife and I just added a deck and fence to our property and now we need to file bankruptcy. This is not do to the addition of deck and fence but other things. We missed judge our budgeting when we added these things. If we file will they repo the deck and fence. Reason I'm asking is because I have heard of them doing that before.

We apologize for taking so long to answer your question. If the deck and fence were financed, the builder may have taken a second mortgage against your home in order to secure the debt. If that happened, then they will not take the deck and fence back, but you will probably still have to pay the debt. If the builder did not secure the debt with your home, but maintained a security interest in the deck and fence, then they may want to take them back if you try to get rid of the debt. In the alternative, the builder may ask the Court for an order that keeps you from discharging the debt. This is all a matter of speculation, based on the information that you gave. A bankruptcy attorney, in a face-to-face consultation, will ask more detailed questions, and be better able to tell you what will probably happen. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Hi, to make a long story short, I have a 2008 dodge truck with a blown up motor that chrysler will not honor the waranty. I now have a judgement against me. What can I do to pay this off etc? I have told them repeatedly that I want to pay for this but since my truck is my living I now cannot work with a broken new truck! But still I received a judgement. Any advise would be great! Thank you

When a creditor sues you and takes a judgment, there is very little that you can do to get rid of the debt except to either pay it off on the creditors terms, of discharge the debt through bankruptcy.

Why is there little to no support for African American business owners in the Midwest?

We are a bankruptcy law firm, and your question is one of organizational policy. Perhaps the solution would be for you to join with others with a similar concern and start an organization that can encourage banks, chambers of commerce and governmental units to pay more attention to supporting African American business.

1. Will Bankruptcy remove a personal judicial judgement placed against me? 2. I have no income, no money, no vehicle. I only have a home that is paid in full. The SEV is around $70,000.00 The Judgement is $75,000.00 The house is in need of major repair's. Once again the Judgement Lien is against me. Not against the home I own. No writ was attached. So the question is If I file for bankruptcy this is my only debt which I find it impossible to repay and this judgement will stay with me forever. If I file for Bankruptcy at least in 7 - 10 yrs I can have a new start. This judgement was due to a Probate matter where both parties agreed to Case Evaluation. Thank You for your advice.

Since you cannot be sold to repay creditors, a judgment lien attaches to your real estate that is located in the same county in which the judgment is registered. Bankruptcy, alone, will not remove the judgment, but through the bankruptcy you may be able to remove the judgment lien and discharge the underlying debt.

I'm a lisenced massage therapist, looking into filing for bankrupcy and worried that I will lose my lisence to practice. Please if you can let me know I would be greatfull

Have you read the rules of your licensing agency regarding grounds for license revocation? Generally those grounds will include criminal acts involving dishonesty,drug use and moral turpitude. Being unable to pay your creditors is not illegal, dishonest or immoral. Your licensing agency will not be notified, nor will your employer. We have done bankruptcies for nurses, doctors, lawyers, bankers, military personnel, teachers and physical therapists, and to the best of our knowledge, none of these people has ever had their license called into question because of the bankruptcy. If you are in doubt, call your licensing agency, and ask -- you don't have to tell them who you are, just that you need some advice on the subject.

I have a few... 1. How far does the bankruptcy court go back in the past to determine transfer of assets in order to take them (i.e., transferring a car title before filing)? 2. Can the court take my wife's employer held 401K money for retirement? 3. Can the court take my Traditional IRA money from a 401K rollover? 4. Can the court take my new ROTH IRA money that I just opened a month ago? 5. Will the bankruptcy discharge all my debt of $185,000

You are asking for specific legal advice regarding your particular debt and assets. We can only reply generally. GENERALLY bankruptcy discharges all dischargeable debt, and retirement plans are protected. A small amount of money put into a Roth IRA is one thing, but a large amount of money dumped into a Roth IRA in order to keep it from creditors will be questioned by the trustee appointed to administer the case. Whether a trustee will pursue a transferred asset depends on when the asset was transferred, to whom, and, if the property was sold, whether it was sold for fair market value.

I'm recently divorced. Credit is as low as it can go. Have so many creditors and medical bill I haven't paid in months. I was unemployed for 6 months and finally got a job at the end of november I am finall getting back on my feet but there is no way I can make ends meet if I were to pay my creditors monthly. I'm not sure if bankruptcy is a possability. Does my situation sound like a good candidate? Is there an average cost?

Yes, you sound like a good candidate for bankrutpcy. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

what is the cost to file( total)....how long does it take from beginning till discharge? thank you.

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I would have made an appointment with you for a consultation however I live in Eldon, Mo making it a long drive to try to get to you so I thought I'd email you with my questions. How much would it cost to go bankrupt with attorney fees and filing fees etc? Also, how long does the process take and when would wage garnishments stop? Thank you for your time and help. I very much appreciate it.

For insurance reasons we do not do consultaions by e-mail or by telephone. Besides that, if you did hire us, you would still have to come to our office to meet with us to turn in paperwork and sign you completed bankruptcy petition and schedules. If you call the office, we will give you the names of some very good bankruptcy attorneys in your area.

Can I file chapter 7 and include delinquent property taxes and still keep my house?

Most people do not lose their homes in a bankruptcy, but you will need to talk to a bankruptcy attorney to make sure. You must disclose your delinquent property taxes in the bankruptcy paperwork, but they will not be discharged. Your attorney will be able to explain this, also. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

we really need someone help ! my wife an i have gotten our sevles in a mess we are payday loans she lost her job for 6 months unstill she found another it is just partime right now an they dont wont to work with us so we can get caught up an we also have a miss filing on our taxes an we just dont know what to do so can you please help us there is not enough money comming in to pay on this plus our basic bills so we need your help. We leave in versailles mo so i dont know if you do that county or not it is morgan country . PLEASE PLEASE PLEASE HELP

Wow, it sounds like you need bankruptcy relief now! We do handle cases for people who live in Morgan County, so please call our office right away for an appointment. 573-442-8123

My husband and I filed a chap 7 bankruptcy in Apr 2004 it was discharged in Oct 2004. My husbands grandmother co-signed for a ford truck in 2003 or so. The truck was reposessed. We did not sign a reaffirmation of debt. We listed the truck in the bankruptcy along with his grandmother's name. Just recently she was put into a nursing home by her daughters. Her middle daughter wants to refinance her home but can't because Ford says she still owes about $3000. Even though we filed bankruptcy is she still responsible for the balance owed on the vehicle?

A co-signer remains responsible on debt that the other party discharges in bankruptcy.

This is really more of a tax question. My wife has 2 children from a previous marriage. My wife has full custody of both children, but an agreement was reached to each claim one child at tax time. The older child is now in college and is not the child we claim on our taxes. we are spliting education expenses with the ex, and we wonder is there a way we can split the education deduction.

We are a bankruptcy, only, law firm. For a competent answer to your question, you should consult with a tax attorney.

We live in Missouri and my wife is thinking about filing bankruptcy. My credit is 680 to 700 score range and I don't want that to screw it up. What I want to know is if she files and I don't will her debt fall on me or should I file with her.

Your wife's bankruptcy won't change your credit score, but, if you have joint debt, the fact that she discharged her obligation to pay may show up on your credit report. In addition, YOU will remain responsible for the joint debt -- including any medical debt that was incurred for her treatment during the marriage.

my mother & father filed bankruptcy over 6 years ago, my father has since died and my grandmother refuses to put the house in my mothers name she says cause she filed bankrupcy they will take the house. the house was in her name always and we have a writen agreement she made with my father saying if any thing happened

Your grandmother should relax -- no bankruptcy Trustee can come back after 6 years to take the house.

Hi im in a bit of a bind and im thinking that my husband and I are going to have to file bankrupcy in order to be able to pay our normal bills. Because we are so young we had no credit so we took a bunch of payday loans thinking we could just pay them all back after we got married. Well my husband got laid off and now it is extremely hard to pay for them and rasie a child. I was just wondering if we could claim those on a bankrupcy? And is this the best decision?

Bankruptcy will absolutely get rid of the payday loans. Talk to an attorney right away so that you don't lose any more money by paying the loans or having the post dated checks or bank drafts go through. We don't know if this is the best decision for you; that depends on your goals and overall financial picture. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Im writing for my parents who live in Fl. A couple years ago they filed bankruptcy. They have a duplex in Raytown,MO that i own the other side of. They had borrowed money against their side years ago to buy a place in Fl. Well they said that since they had filed the bankruptcy they have never gotten another invoice on the $77,000 they had still owed to US Bank, and thought the matter was resolved in the bankruptcy. As of last month they found out different. Now they have till the end of January to come up with $15,000 to get the note caught up. They do not have this kind of money. I wish to ask you. What is the next step they should do? Can they pay a little or is the amount set in stone? Try to talk to the attorney that filed the bankruptcy? How do they stop this? Thank you, Rick

If your parents did not reaffirm the debt, then it was probably discharged in the bankruptcy. The creditor may be violating the law by contacting your parents.

My wife and I are legally separated, according to our seperation agreement she quit claim the house to me, she is talking about bankruptcy, will the fact that she quit claimed the house to me 6 months ago affect me or her?

This is not usually a problem if done pursuant to a legal separation agreement. However, if you are contacted by the bankruptcy trustee assigned to her case, and the trustee asks you for any type of payments, you should consult with your own lawyer right away.

My husband and I are trying to figure out what to do. We don't know if bankruptcy is the right thing or not. If we do file, and we let our car go back, what happens when the price of the vehicle is less than what is owed? Can that amount be included in the bankruptcy? Can you reaffirm your house - we want to keep it. If you have a particular credit card you want to keep can you or do you have to file on them all? Thank you.

The short answer to your questions: if you let your car go back, any remaining debt will be discharged (erased) by bankruptcy; you can keep your house in bankruptcy; you cannot pick and choose among unsecured creditors (like credit cards) -- you must list and discharge them all. For a more detailed explanation, and an analysis of your particular situation, we recommend that you see a bankruptcy attorney. There are several ways that you can file for bankruptcy protection, and in order to determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy, because bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

How much does it cost (filing, legal fees, etc.) to file bankruptcy, how much paperwork is involved, and how long does it take?

There are several different ways that you can file bankruptcy and the answer to your question depends on the type that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I HAVE A FRIEND THAT WAS CONSIDERING BANKRUPTCY, AND MENTIONED IT TO THE BANK, AND THEY FROZE HIS ACCOUNT. hE HAS DECIDED HE DOES NOT WANT TO FILE. HOW DO U GET THE BANK TO UNFREEZE HIS ACCOUNT

We are not sure why you mean by "his account." Do you mean his checking account? Line of credit? Credit card? Overdraft protection? The bank cannot keep him from his own money that is in a checking or savings account, but they can stop letting him have credit if they believe that he cannot repay it. Some banks will also cut off ATM or debit card use. He should be able to write checks or make withdrawals -- as long as his account is not overdrawn.

If you surrender your home during chapter 7 are you responsible for removing unwanted contents of the house and proporty such as unwanted furniture and appliances?

This is not really a bankruptcy question, but we have heard of mortgage creditors suing people who left messes in surrendered homes. The lawsuit is for the cost of the cleanup, not for any discharged balance due on the mortgage. Our advice: clean it up. Leaving appliances is probably OK, but unwanted furniture and trash might be a problem. And please, don't leave your pets behind -- if you can't take them with you, find them a new home or surrender them to a shelter.

i filed bankrupcy on 2/18/2011 i was given the discharge of everything but the trustee kept my case open because they were looking into how much assets i owned,i own three transportations and a regular bedroom set,dining set 2 tv`s just a normal family things the trustee is saying that i`m over exempt i think is the word? in few words they say i own to many assets and i`m only allowed to have $4,350.00 in the state of florida,so they are asking me for $15,000 or give them all 3 cars can they do that? also has been a year can they do that after so long? thank you for your answer Rocco

The amount of property that Debtors can exempt in bankruptcy is generally governed by state law. If state law does not apply, then Debtors are allowed to use exemptions set up under bankruptcy law. Some states are more generous than others. Apparently, your bankruptcy trustee is saying that you did not have enough exemptions available for the types and amounts of property that you have. A trustee has the power to keep your case open in order to investigate your property claims, and to compel you to turnover property or buy back unexempt equity. Your attorney should keep you informed, and be able to explain to you why the trustee is finding a problem with your exemption claims. Perhaps you didn't tell the attorney about all of your assets before your case was filed, or perhaps the attorney applied the wrong law to protect your assets; another possibility is that some of your property turned out to be more valuable than either your or your attorney originally thought. One thing that you might be able to do in order to not have to surrender or pay for your vehicles, is to convert your case to a Chapter 13 bankruptcy. You will still have to make payments, but you will not lose your cars. Ask your attorney to explain this to you. If he or she cannot, then you might want to look or someone more knowledgeable.

If I have funds in bonds from retirement do I to liquidate those funds before filing?

If by "funds in bonds from retirement," you mean that you are still paying in or drawing from an ERISA qualified retirement account set up by a current or former employer, then you should not liquidate those funds -- they are probably protected from being liquidated in the bankruptcy. The same holds true for an IRA or a rollover-IRA that you established by transferring funds from a former employer's pension or retirement account. The answer to your question depends on your total situation. You should contact a bankruptcy attorney for a consultation. During the consultation, the attorney will discuss your complete debt and asset situation, and present all of your bankruptcy options. We encourage you to see an attorney who does bankruptcy, only. Bankruptcy law has become complicated in the past few years, and you will need an attorney who keeps up on and understands the changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

How much debt does one have to have to file for bankruptcy? Not including student loans, I know one can not include those in bankruptcy. Thank You, Amanda Hawley

There is no threshold limit of how much debt you must have before you can file for bankruptcy protection. If you cannot pay the debt that you have, that is enough.

My husband filed for a divorce.He is currently in a chapter 13 bankruptcy.The mortgage is in his name but the deeds are in both names. I just recently filed for a chapter 7 bankruptcy, Is there any way or anybody that can help me to get the house financed in my name? I really want to keep my house

The only way yo find out the answer to your question is for you to contact lenders, or a mortgage broker.

I was wondering what information I need to do a personal or basic bankruptcy? And what the cost is for all of it? Thank you! Helen Bain

In your bankruptcy filing you will have to list all of your debts and liabilities, and all of your income and expenses. Your lawyer will provide you with a complete list of everything required, including auto titles, loan financing papers, and mortgage information. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

We are in WAY over our heads with credit card debt. When I was working I was able to keep up payments, then slowly started going downhill. My husband had a crippling stroke with no insurance so he could no longer work, so we have medical bills too,, then we had a house fire and didn't have enough insurance to cover all expenses. I can't even talk to any of our debtors cause I can't give them any money. Our last straw is bankruptcy, something we never wanted ever to have to do. Can you help us with this and how much does it cost????

Bankruptcy is definitely an option for you. There are several different ways that you can file bankruptcy and legal fees vary, depending on the type of case that you need to file, and, in some cases, your income. To determine which type of bankruptcy is best for you, your attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Can a sibling be the trustee of a trust if she has filed bankruptcy 2 times in the state of Missouri and there is talk she may do it again. Is there a Missouri law that states they cannot be a trustee. This is my moms trust and she has her in that position with a very difficult and deceptive past. My brother and I very concerned.

We are a bankruptcy, only, law firm. You are asking an estate question. This is not something that would, normally, come up in bankruptcy law. We suggest that you talk to an attorney who handles estate/estate planning issues.

My brother is a co signer on my motorcycle loan with Harley Davidson. He is in the process of filing a Chapter 13 and says I could lose my bike because of this. I have made all the payments on this account since 2007 (some have been late but mostly on time and the payments are current). Since I am the borrower and he is just the co borrower could I lose my bike since the payments are current? Is there anything I should do before he files bankruptcy to protect my investment? Thank you in advance for your advice.

This answer assumes that the bankruptcy is filed in Missouri. If the payments are current on the Harley, the creditor will not be interested in taking it back. You should check with your brother to make sure that he has listed you as a co-borrower, and that his Chapter 13 Plan shows that you (the co-borrower) will continue to make the payments on the Harley. You should be aware that the creditor may cut off your access to online payments, automatic payments and online account services. Talk to the lender to make sure that you understand how to make payments while your brother is bankruptcy. As a "creditor" under the law, you are also entitled to get a copy of your brother's bankruptcy petition and schedules and Plan from his attorney. The attorney is not required to give you any information other than copies of papers that your brother files in his case.

my husband and I need to file for bankrupcy but are unsure of the cost and process. What would be our first step?

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Tax questionz; If you sell a piece of property & reinvest the money on another piece of property - are taxes due on difference in price, or due on the orignal price of purchase of orignal property? Orignal residence was in the country & property bought is in the city.

We are a bankruptcy law firm. You need to ask a tax attorney or CPA for the answer to your question.

In 2003 through citimortgage inc. I got a house. Went bankrupt in 2004. I have never been late or missed a payment. I can pay my payment through their web site or even allowed on it. And I can't buy anything and at a standstill because citimortgage pops up. How long can they hold that againt me? I'm 61 and been "starting over" for 9 years. My ex husband cleaned out my savings then filled for a devorce. thank you

We are not sure about what, exactly, Citimortgage is doing to damage your credit. Have you pulled your free credit reports form www.annualcreditreport.com to find out? If Citimortgge is reporting a bad payment history, then you need to file a dispute right away -- this is easy to do if you get your credit reports online. In addition, if their report is false, you may have grounds to sue them. If you did not sign a reaffirmation agreement with Citimortgage, then the problem may be that they are just not reporting your good payment history to the credit bureaus, and that may be causing you to have a lower credit score than you need to obtain credit.

I filed chapter 7 over a year ago i just had surgery and no insurance and got behind on bills. Can i file chapter 13. 9(

You should be eligible to file a Chapter 13 bankruptcy, as long as your income is sufficient to fund the payment plan.

My mother and I purchased a vehicle. She is listed owner and I am co owner. She filed bankruptcy and the debt of the vehicle was place on my credit. How is that so?

Are you listed only as a co-owner on the vehicle? Or, are you a co-borrower (co-signer) on the loan? If you are a co-signer, then you are equally responsible for the debt, and, if she does not pay it, you will have to. Now, if she "reaffirmed" the debt and continues to pay for the car, your credit report may show that your co-borrower listed the debt in HER bankruptcy, and this should not harm your credit score. However, if she had a bad payment history on the debt, then that bad payment history will lower your credit score.

If a husband and wife file for divorce and she files bankruptcy before the divorce is final and lists his equipment on this list, now the equipment does not include her on the lean, but the bank seized it. He can't get the paperwork to prove he didn't sign for or agree to this. What can be done cause it is affecting his business he owns.

Based on the facts that you gave us, we are guessing that no one was making the payments on the bank loan secured by the equipment. If that was the case, then the bank had the right to take the equipment. However, if the wife took out the loan without the husband's knowledge, and listed his business equipment as collateral, then he may have a cause of action against her (or maybe even the bank) for fraud. If the bankruptcy case is still open, the husband may want to hire an attorney and bring his fraud action within the bankruptcy. He should be able to get copies of the loan paperwork through the wife's attorney, her bankruptcy trustee, or by bringing a fraud action.

My daughter called the elder abuse hotline,because of my Dr. And my friends say I should get an atty. But first I need a doctor. My question is what do I do first? File the complaint to Mo.Abuse,or get an atty?

We are a bankruptcy, only law firm. For a competent answer, it sounds as if you might need to ask an attorney who practices in the area of elder-care law.

can you finle bankruptcy without losing your house?

Most people who file bankruptcy are able to keep their home. There are some exceptions, however, depending on what state you live in, whether your house is paid in full, whether the house is co-owned with a non-filing spouse or there are other people on the deed. It may also depend on the type of bankruptcy that you file. A bankruptcy attorney will be able to answer this question for you at your first interview, if you provide all of the necessary facts about the house and your ownership. The attorney will also want to analyze your complete debt and asset situation, in order to determine what type of bankruptcy is best for you. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I was divorced around 2005 and me and my ex wife had around $27,000 in credit card debt. however, she never paid her share or child support. I had primary residence. When I was trying to file papers with a lawyer to make her pay her share she had a stroke and is now disabled which puts all of the burden on me.there is no way that I can pay all of this debt off and need help. would someone please call me and help me through this process?

We cannot give legal advice over the telephone. If you think that you are eligible for a bankruptcy, and want to explore that as an option, you may call our office for an appointment. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, we will need to analyze your complete debt and asset situation. Whether you call us, or someone else, we encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

Realize this is not bankruptcy law, but hoping you can still give input: What do you do when at the time of death the deceased's will cannot be fulfilled in the anner indicated, as they ended up in a nursing facililty and used most of the funds the will was based on. For example, our grandmother had about $30,000 after a few months in a nursing home she has died leaving about $6,000. If her will is to be carried out as she wished she would have needed at least $11,000 left and then my Mom ,her representative would get no money, only personal effects. Any thoughts on how to pay out the remainder?

We have been practicing bankruptcy law for 17 years. During that time we have not kept up on other areas of law. For a competent answer you should consult an attorney who handles estates and probate.

What can I do when filing bankruptcy and some of the major bills are not in my name?

If the bills are not in your name, they are not your debt, and the creditors cannot collect from you. This does not usually apply in the case of medical bills, however. If medical debt was incurred by a spouse while you were married, or by a minor child, or someone over whom you have a guardianship, you are probably liable for those bills, and should list them in your bankruptcy. Your bankruptcy attorney should be able to guide you in this.

I filed for bankruptcy Chapter 13 about 4 years ago. At that time I was running a small grocery store and gave it up when I filed for bankruptcy. The bank now have possesion of the store and the property but they said that I was still liable to pay real estate taxes which was from the time I filed up until now. Should I pay the real estate taxes? If I don't what could happen? I don't even live in the same state anymore either and it's very complicated. Please help me.

Typically, real estate taxes stay with the real estate -- that is the new owner takes the property and has to pay the real estate tax -- but you should check the laws of the state in which the property is located. You should also talk to your bankruptcy attorney about whether the bank ever actually foreclosed on the property; if they did not, then, yes, you could still be liable for the taxes. Your attorney might be able to do something about getting the bank to go forward with foreclosure.

I was referred to you by Bob Smith. My mother will be 68 next week. She has been living in Independence, MO and 1 1/2 years ago she was placed on disability for seizures, anyway, she lost her job 10 months after being placed on disability. My question is, she has A LOT of credit card debt. She has not used any of these for months but had previously and she is making her payments but is getting nowhere with such high interest. Her disability is about to run out and will then only have her social security which is 1500.00 minus her health plan fees. She doesn't own a home and only owns a 1986 car that is currently not running. I'm guessing that it is somewhere close to $40,000 to $50,000 in debt that she owes. That may be way high - I am just guessing but I know its not below $30,000. She will not be able to make it on her social security. Do you believe she would be a candidate to file bankruptcy? If so, how much does this cost and would she need to be a resident of Boone County to use your services. Thank you for any help you can give.

Your mother is definitely a candidate to file for bankruptcy protection; however, she may not need to because she appears to be "judgment proof." This means that even if a creditor sues her and gets a judgment, the creditor will not be able to collect. Social Security income cannot be attached by creditors, and her car would be exempt because it is probably worth less than $3000. She should consult with a bankruptcy attorney, anyway, just to make sure. If she has any savings or pension income, those are at risk. Because she lives in Independence, your mother's case would have to be filed in the Kansas City District. There are numerous bankruptcy attorneys in that area, but I know of one in particular who is very knowledgeable. Her name is Rachael Foley,and you can find her on the web. Google Rachael Foley bankruptcy.

Hi, my husband took 2 loans one on his name one on my name, we can't pay at this time, the bank started to garnish our a/c and now trying to garnish my salary Im a realtor I do not get paid unless i close. So they have nothing to garnish. we have apts that are on foreclosure, we still havet tenants, can the bank force the tenants to send them the rent directly and can they access my business checking a/c it is a corporation and I'm listed as the President. thank you please advise.

The bank cannot garnishee any wages or earnings without a court order. The bank may have some right to the rents if you pledged the rent as security for the loan -- but again, they may need a court order. The bank has the right to take the money out of any accounts that you have in their bank, so move your banking to another bank!

My husband and I filed bankruptcy last year after business failure. We held credit cards through Chase and a car loan. The car loan was recently paid off and now I'm having a hard time getting the title from Chase. Are they able to hold the title hostage even after the credit debt was discharged?

Chase cannot hold your title hostage -- especially since the car is now paid off! They are supposed to file a "Satisfaction of Lien" with the state -- have you checked with the Department of Revenue to find out if that has been done? If it has not been done, have you checked with Chase to find out why not? If Chase is doing something to punish you for the bankruptcy, your attorney can reopen the bankruptcy case and ask the court for sanctions against Chase -- including your legal fees.

I would like more information on bankruptcy. How would I find out if I could file or what I need to file bankruptcy. Thank you, Dawnetta Engle

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

how do i get my record esponged

If you are asking about a criminal record, you should talk to an attorney who handles criminal law. We are a bankruptcy, only, law firm.

I have a property in Florida and was wondering if i can file bankruptcy from here in california i dont want to have to move there thank you very much..818-631-1363 cell # call me or e-mail me please thank you very much Robert Russon..........

If you have lived in Missouri for more than 90 days, you can file your bankruptcy case here. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I am being taken to court over a dental bill that I don't owe. If the judge decides in favor of the dentist can they garnish my Social Security Widow's pension check? I also have a rental property, can they garnish the monthly income from the rent paid? Is there anything else they can do? Place a lien on my house?

Be sure that you show up for court and explain to the judge why you don't owe the bill! If the court finds against you, the dentist will have a judgment; that judgment, although not collectible from your social security, can act as a lien against your home and other real estate. In addition, the dentist will be able to garnishee your rental income, seize money in savings and checking accounts (except social security funds). There are other ways to collect, but these are the most common. In order to keep that from happening if you lose the case, you can try to work out a payment arrangement with the dentist.

My unemployment has run out. I cannot pay my bills at this time. Due to serious health issues I have hired a social security attorney and filed for disability per my physician. Because I cannot pay my bills am on food stamps is it possible for creditors to take my Harley Davidson motorcycle which is my along with a very old car is my only transportation. Both are paid off.And no I will not sell either it would kill me. Thank You Dan W

NO creditor (except the government, including student loan lenders) can take anything from you without a judgment entered by a court of law. The creditor has to file a lawsuit against you, and serve you with a summons. If you fail to show up for court, or you go to court and admit that you owe the debt, the court will enter the judgment, and the creditor can use that order to garnishee wages, seize bank accounts, seize cars and other items of personal property, and put a lien against your real estate. The creditor would probably not be interested in the older car, but might be very interested in the Harley, if they know that you have it. However, collecting a debt by seizing a motor vehicle is very expensive for the creditor, and it may not be worth the expense to try it; plus, the creditor cannot keep the first $3000 from the sale of the vehicle: that must be returned to you.

My house is going into forclosure i filed bankruptcy 3 years ago can i reopen that bankruptcy and put my house on that?

Do you mean that you want to reopen your bankruptcy to show that you don't want to keep the house? Or, do you mean that you want to go back into bankruptcy to try to save the house from foreclosure? If you just want to be rid of the house debt, you may have already accomplished that by not reaffirming it in the first bankruptcy. If you did not sign a reaffirmation agreement, then you have nothing to fear from the foreclosure -- the creditor cannot come back to you to collect any deficiency. If you want to save the house from foreclosure, you will probably need to file a new bankruptcy, under Chapter 13. This will give you a chance to catch up on the payments while under bankruptcy protection.

husband and wife own home togeter. wife has written power of attourney. can wife legally file bankruptsy without husband present

If the husband, while competent, executed a power of attorney giving the wife the authority to initiate legal actions in his name, then she probably can file a bankruptcy without him being present. If the husband thinks that the wife has acted fraudulently, he should notify the bankruptcy court and case trustee.

I would like t o know if I am renting and my lease will exprire in 6 months should I file bankruptcy if Im on ssdi and some garnishments have acurred

Creditors cannot garnishee your SSDI, so, unless you have other property that creditors can take, you probably do not need to file a bankruptcy case at all. Examples of property that may be available to creditors: money in a bank account, certificate of deposit, or in cash that came from a source other than SSDI; certain payments from retirement or pension funds; money that other people may owe to you, etc. Ordinary creditors cannot attach your tax refunds, but they can get the money once it is in your bank account. Only the government can take your tax refunds (this includes student loan guarantors).

In a mortgage foreclosure process where the titled owner of a home is on disability and one child is assisting the owner with bills, is it possible for the owner to file Chapter 13 if the bulk of her income to survive is coming from her live in son?

As long as the debtor can show a reliable source of income available to make the Chapter 13 Plan payments, most Chapter 13 Trustees will accept the Plan.

I have two questions, I will ask them separately. First question, my bankruptcy has been discharged for well over a year. I paid my van off through the Missouri Bankruptcy court and not need to obtain a lien release. I thought I would just automatically get one but did not. I need help on the procedure to get one. I am unemployed with very low income so need an inexpensive (preferably fee) way to do this. Thanks.

Have you talked with the creditor to find out why they have not sent you a lien release? They may have sent it to the wrong address, or they may have forgotten to send it. You might also contact the Missouri Department of Revenue, to find out if the lien release was sent to them. If the creditor has not sent the lien release to the DOR, and will not talk to or cooperate with you, ask your bankruptcy attorney to try to resolve the issue. If you paid the van off through a Chapter 13 plan, but the creditor is holding out for more money, your attorney may be able to file a suit in bankruptcy court to force the creditor to obey the law.

I mailed a charge of harassment and discrimination to the EEOC a long time ago in anticipation of them notifying and possibly sueing my former employer. I to date have not heard from them. Now I am afraid I've surprassed the statute of limitations to file suit with the EEOC. Do I have any recourse? Can I still obtain a "right to sue" letter? I am very afraid that with their lack of response, I will not be able to get any restitution at all for having to leave the hostile work environment I was thrust into, forcing me to leave a job I had for 13 years. I also do not have an attorney yet because the EEOC said I couldn't get one or use one until their investigation iscomplete. HELP! :(

We are a bankruptcy, only, law firm. Your question is about employment law. For a competent answer, check with an attorney who handles employment law.

I am on long term Disability through my work and I do not believe I will be able too return to work due to my health and what I receive is enough for me to pay my Doctor bills,medicine which I need but not enough to pay my credit cards. Are they allowed to freeze my bank account to get their payment? I am married my husband pays the household bills and his bills,and my job was for me too pay my bills and he does not have enough left over from his money to take over my bills.

NO creditor (except the government, including student loan lenders) can freeze your bank account unless they have a judgment entered against you by a court of law. In order to get a judgment, the creditor has to file a lawsuit against you, and serve you with a summons to come to court. If you fail to show up for court, or you go to court and admit that you owe the debt, the court will enter the judgment, and the creditor can use that judgment to garnishee wages, seize bank accounts, seize cars and other items of personal property, and put a lien against your real estate. BE AWARE that your husband can also be sued for YOUR medical debt! In Missouri husbands and wives are equally responsible for each others medical bills if the services were obtained during the marriage. You may want to seriously consider bankruptcy in order to get rid of this medical debt. Your husband would have to file with you, or the debt would come back to him. Many people are afraid of the effects of bankruptcy, but it does not hurt your credit rating (or anything else) to just find out about it. If most of your debt is medically related, and you have very low income, and you live in Missouri, you might consult with your local legal aid office. In the Columbia area you can call Mid-Missouri Legal Services at 1-573-442-0116 or (800) 568-493. They depend on public funding, so they are limited in how many cases they can take and the types of case that they handle, you should definitely apply to them for help. Depending on your situation, they may be able to file the bankruptcy for you, or provide you with an attorney. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), ABI (American Bankruptcy Institute), and NACA (National Association of Consumer Advocates).

I was recently informed @ work that they would like to give me a raise, but the HR manager said "they are watching my financial status". My bankruptcy as been discharged but not closed. Is this correct? How would getting a raise affect anything ??

Did they say that they will not give you the raise until your bankruptcy is closed? Did you ask them why? We know of no reason for this. Your bankruptcy attorney may have some insight, based on the facts of your case.

My Dad passed away and my mom is having to file chapter 7 bankrutpcy, can they take her house away from her, as she would not qualify for the house. She is current and up to date on the payments and she does receive his pension.

The answer to your question depends on your mother's total situation. Most people who file bankruptcy are able to keep their house. The exact answer, though, depends on the type of bankruptcy filed, the value of the house, the balance of any loans secured by the house, and the types of legal exemptions (protections) available to protect the house in the bankruptcy. Your mother should contact a bankruptcy attorney for a consultation. During the consultation, the attorney will discuss your complete debt and asset situation, and present all of your bankruptcy options. There are several different ways that your mother can file bankruptcy and attorney fees vary, depending on the type of case that she needs to file. To determine which type of bankruptcy is best for her, an attorney will need to analyze her complete debt and asset situation. We encourage her to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and she will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If your mother would like for us to evaluate her situation, please call 573-442-8123 for a free in-office appointment. We will discuss her bankruptcy options, and what she needs to do to file, as well as the complete cost of her case. She can set her own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I recently filed chpt 7 i hand a car in the chpt 7 surrendering it. but he lender was to file a relife stay form which was not done they took the car anyways and it had my belongings in it and now they say there was nothing in the car is there a way to get my money out of this

The answer to your question depends on whether the creditor took the car before your bankruptcy discharge was entered, or after. If it was taken after, there is very little that you can do. If it was before, however, then the creditor may have violated the bankruptcy stay, and you may have a legal case against them for damages, including the attorney fees to sue them. Talk to your bankruptcy attorney right away!

how much payment do you have to make to the trustee before your confirmation

We assume that you have filed, or want to file, a Chapter 13 bankruptcy. Your case will differ from everyone else's. You should ask your attorney how your particular case will work. If you do not have an attorney, and have not filed your own case, consider giving us a call. There are several different ways that you can file bankruptcy and Chapter 13 may not be right for you. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I had lost my job in 2008 and had to turn over my leased vehicle and have them come get the vehicle cause of no job and no money to fill it with gas I would have never made it.. I was a few payments away from finishing my lease.. December 18th 2010 they came and got it with no problems I had told them to come get it since I can pay for it no more.. The vehicle was sold Jan 11,2011 and never got a notice stating they was selling it.. It was sold in a private auction and sold for $14,500 have to remember I leased it not buy to own... So my question is how come I am paying the remanding of the sale of the car if I never had intentions to buy it I leased it? And do I have a legal case to take them to court or when they take me to court will that help me to win my case.. I live in Missouri and wanna know if they also suppose to notify me of the sale because they never did and they sold it in 2011 and sent me there first notice in 2012 about what I owe stating they sold vehicle I could have tried to get the car back but didn't get a chance..

Have you read the terms of your lease? What does it say about your obligation if you default? We are a bankruptcy law firm, and while that means that we deal with credit issues, we only deal with them in regard to how they are treated in bankruptcy. Your question about how state law notice requirements apply to leased vehicles would be more competently answered by someone who handles debtor/creditor law.

will my filing a bankcruptcy affect my daughters college application

Your bankruptcy should not affect her college application at all. If you are worried,however, about her ability to get student aid, be sure to talk to your daughter's student loan officer. The information that we have is that if you cannot not qualify for private loans, then she will be eligible for a government subsidized "Direct Loan." We strongly encourage her to avoid student loans altogether, if possible. She should try to get more from grants and work study. In fact, she might want to take a semester or a year off and work full-time to save money for college -- she will be MUCH better off in the long run!

I am a student who will be starting my first year of college this upcoming fall. My family has filed for bankruptcy and we are going to most likely lose our house soon. I'm not sure if my dad is capable of receiving any kind of loan at this point. I was wondering how taking out a loan after filing for bankruptcy would work out, or if as a student I am eligible to take out loans on my own (non student loans) to cover the costs of my tuition. Please help me. Thank you.

Talk to your student loan officer. The information that we have is that if you/your parents do not qualify for private loans, then you will be eligible for a government subsidized "Direct Loan." We strongly encourage you to avoid student loans altogether, if you can. Try to get more from grants and work study. In fact, if necessary, take a semester or a year off and work full-time to save money for college -- you will be MUCH better off in the long run!

I live I'm NC, my husband filed chapter 13 but I did not. I continued making our mortgage payments, on time. I recently applied for a loan, with a credit score over 700 and was turned down due to my credit report stating I filed bankruptcy on my home and letting it go. Again, I did not file a bankruptcy along with my husband. He is on the loan but it was reaffirmed. My report also shows, even though I have made all pymts. on time thru automatic withdrawls, that I have not made any pymts. In over two years. When my husband recvd. His discharge, Wells Fargo then applies a payment of 23,802.00 to my account. Not filing bankruptcy myself and making every pymt. on time, paid directly to Wells Fargo, can they honestly ruin my credit as they have done, by not reporting my good faith pymts., and making it look like I filed as well? If so, should I just file as well even though I have no other accts. treating me this way? The credit bureau informed me this Will affect my score for seven years. I have done nothing to get these negative notes on my report. Can they do this. Please help and let me know if I need legal representation with this matter. Disputing it thru the bureaus, got me no where but a huge loss in time.

File a dispute with the credit bureau and force them to investigate Wells Fargo's report. It is free for you to do this, and the credit reporting agency will have 30 days to investigate. If that fails, you will need to talk with a debtor's rights attorney in your area. The attorney will know how to get the correct information from Wells Fargo, and how to get the credit bureau to do what it is legally required to do. For a list of attorneys in your area, try www.NACA.net. This is the website for the National Association of Consumer Advocates (NOT: NACA.com -- that is a different group!).

My wife and I have a September 1, 2009 discharge date for a chapter 7 bankruptcy.Our son wants to attend college in the fall of 2013.Can we get a loan to put him through college?

Whether you are able to qualify for a student loan, or any other type of loan three years after bankruptcy, depends on whether you meet the lender's criteria, including your current credit score. You can apply for loans and find out. If you are turned down, talk to your son's financial aid officer. The information that we have is that if you cannot qualify for private loans, then your son will be eligible for a government subsidized "Direct Loan." We strongly encourage you and your son to avoid student loans altogether, if possible. You and he should try to get more aid in the form of grants and work study. In fact, your son might want to take a semester (or a year) off and work full-time to save money for college -- all of you will be MUCH better off in the long run!

Hello, I lost my job fell behind in my car payments. They repossessed my car last week. I'm thinking about filing a chapter 13..will I be able to get my car back if I do? Thank you

You may be able to get your car back if you file a Chapter 13 bankruptcy before the car is sold at auction.

I am a co signer on a mortgage with my husband. The house is going into foreclosure and he only filed chapter 13 because he also had lots of credit card debt, I did not. We were both having problems in our marriage and he decided to convert to a chapter 7. He doesn't want the house nor do I since I can't afford it on my own. I went to file chapter 7 recently and I didn't pass the means test due to both our incomes. Will I be able to file bankruptcy once our divorce is finalized?

Because we do not have your income information, we cannot tell you whether you would be eligible for a Chapter 7 after the divorce. We are a little confused, however, because, if you husband is eligible to convert to Chapter 7, then your combined gross household income would have to be below the means test "median." If you are living apart, then your household size is lower, but so is your household income. If your circumstances have changed since your bankruptcy consultation, it may be time for you to have another one.

My mother-in-law 92 who has dementia has recently been moved to a local nursing home. She has funds that will last several years. We were concerned about money for funeral expenses. We thought about prepaying for the funeral, but we have been advised that may not be the best. Is there a special account that can be protected from the Medicaid spend-down rules? Thank you for any information.

We are a bankruptcy only, law firm. Your questions is about social security law. For a competent answer, we suggest that you contact an attorney who handles social security or elder law issues.

if i went bankrupt what would happen to my wages as it is paid into my mothers bank account

Nothing, as far as we can tell from your question. Neither wages nor bank accounts are seized in a bankruptcy. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I am a signer on two different people's bank accounts. If they would go bankrupt, could anyone come after me to pay their bills? Thanks for your help.

No, unless the accounts are overdrawn, and you signed something telling the banks that you would be responsible for overdrafts.

I filed bankruptcy (Ch.7) in 2001. The main reaso I filed was over a car. I thought everything was taken care of. Last October I get garnishment papers for this debt because they show where there was a new judgement placed on this debt in 2004. Because of this I am barely making ends meet. Can I file this under Chapter 7 again to get from under this garishment?

If the car debt was listed and discharged in the bankruptcy, you need to contact your bankruptcy lawyer ASAP -- you may be able to sue the creditor for suing you and getting the garnisheement -- even if the debt was sold, the purchaser does not have the right to collect debt discharged in bankruptcy! You may be entitled to damages and attorney fees for bring the lawsuit against the creditor. If nothing else, your lawyer will know how to stop the collection. If your old lawyer won't help or is no longer available, talk to another bankruptcy lawyer -- someone who does bankruptcy as the primary practice, not someone who just does a few bankruptcies a year!

Can we include our 22 year old son's medical bill in our bankruptcy if he lives at home and doesn't work? Thank you.

Only the debts of the person who files the bankruptcy are included in the case. A husband and wife can file together and get rid of their individual and joint debt, but adult children must file on their own. If you agreed to be co-responsible for the debt, then you can list it and get rid of your responsibility, but your son will still owe it.

If someone were to declare bankruptcy and she rents an apartment, would she have to give it up? This individual is on Section 8 housing assistance. Does that make a difference? Thank you.

We have never had a bankruptcy client evicted from Section 8 housing, or anywhere else, for that matter, because of bankruptcy. If you are thinking of filing bankruptcy, keep your rent, utilities, insurance, etc. payments current, and let the other debt (credit cards, medical debt, pay day loans, etc.)slide.

Can you declare bankruptcy and still keep your home? They have equity in their home. Probably 30-40 thousand dollars. Do you have to sell you home to get rid of the rest of your debt?

Depending on what type of bankrutpcy is filed, it is possible to declare bankruptcy and keep your home -- even if it has $30,000-$40,000 in equity. To determine which type of bankruptcy is best, an attorney will need to analyze the complete debt and asset situation. We encourage people to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and filers will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I am considering filing bankruptcy mainly to stop a foreclosure, although we have other debts that would be included, medical, credit card, personal loan from relative. The sale date has been set for June 29, so timing crucial. We have regular income and want to stay in our home. I am wondering if I will be required to surrender the money in my savings account (approx. $7000 that I was keeping in case we could work out a payment plan with the mortgage company)?

Bankruptcy can help you save your home from foreclosure, but you are going to have to act NOW! Don't expect to be able to wait until right before the foreclosure sale, and then see an attorney to get your bankruptcy filed. Make an appointment with a bankruptcy attorney right away -- the attorney will be able to answer all of your questions. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I have a judgement on me and I just got a letter from them that they are going to take my car.I am on disability and have no money to pay them or any other debts that on my credit report My question is can they take my car if I still owe on it?

The creditor probably will not take your car -- they may just be trying to scare you. It is expensive for creditors to take cars, because they have to store the car before they can sell it, and, if they sell it, they have to FIRST pay off the creditor that you owe for the car, and then SECOND, before they keep any money, they have to pay YOU $3000 for your exemption in the car, and THEN they have to pay the costs of sale, including the fee for storing the car before sale. The creditor gets their money LAST -- this means that, unless you have a very expensive car, the creditor will get next to nothing! If you are having difficulty with debt, even though you are on disability, you may want to file bankruptcy and get rid of the debt, anyway. There may be help for you if you have very low income and you live in Missouri. Call your local legal aid office -- in the Columbia area you can call Mid-Missouri Legal Services at 1-573-442-0116 or (800) 568-493. They depend on public funding, so they are limited in how many cases they can take and the types of case that they handle, you should definitely apply to them for help. Depending on your situation, they may be able to file the bankruptcy for you, or provide you with an attorney.

My husband and I are thinking about filing bankruptcy but I already have 3 garnishments against me and he has 1 against him. We both are currently paying on one of them. I personally have student loans and have the larger amount against me. I was not sure if the garnishments can be included in the bankruptcy or if cannot be due to going before court. I am not sure if it would even be worth it. My total amt is around 35,000.00 and I am not sure what his equals to. Thanks.

Bankruptcy stops garnisheements and gets rid of the debt! Don't put off seeing an attorney! It does not get rid of student loans, however, BUT, once you are rid of the other debt, you will probably have enough money available to pay the student loans. There are several different ways that you can file bankruptcy, and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

My question is on chapter 7. me and my wife are filing for chapter 7 and have 2 time shares that are paid for 1 in vegas & 1 in kissimmee fl.I have tried to sell them and even sell my points for vacation online and have never gotten a response from anyone, time share resell companies have gotten my public records and contacted me about renting out and selling but always wanted money up front (tried it once and lost $500) and say they get you close to what I paid (they say guarantee but done lost money once). I don't think they will sell for much so do you think BR trustee will take them away ( i'm paying $1100 every other yr for maint. fees just paid this yr with c.c. not due again till Dec. 2013,also I booked vacation at end of march for vegas unit didn't cost any $$ just points thru (rci) and was going to get airfare for 1 ticket thru a c.c. we have points on we have that will be filed with ch.7 so can I use these points thru c.c. or will that throw a flag or should I wait till after I file and pay cash for airfare closer to vacation in mid Aug or should we cancel vacation and lose points thru company that manages points for my timeshare (rci). My attorney is unsure of this? Thanks.

Ask yourself if you have the right attorney! Your attorney should know how the trustee is going to treat timeshares, and what will happen with the maintenance fees after your bankruptcy. Why don't you wait until after your vacation to file? That will give you time to use your airfare, and your attorney time to research the answers to your questions.

hello im on disibility and i have a place called nationl attorny service calling me they say they are from som old payday loans,but every thing i read on the internet says there just a collection agent.The bbb has 53 comlaint aganst them 38 in the past 12 months.I was just wondering in the state of missouri can the sue me and take my disibilatiy.PLEASE HELP.

Ignore them. Do not answer their calls. You have already done your homework, and you know that they are liars and frauds. Keep this in mind, too: some collectors will threaten criminal action, but a creditor cannot turn a bad debt over to the prosecutor! No creditor, in any state, can take your social security disability, so, if that is your only source of income, there is nothing for any creditor to get, even if they sue you and get a judgment. If you have other income such as a part-time job or a pension, it is possible for a creditor to get part of that -- BUT THEY HAVE TO SUE YOU FIRST.

If the courts tell you when filing bankruptcy chapter-7 in Phoenix Az the following year you must turn your tax return over to the courts ,but you end up owing can they take you taxes the following year ?

If you are asking whether the bankruptcy Trustee can keep your case open and wait until you get a tax refund -- even if it takes several years -- the answer is no. If you are asking whether, if you file your Chapter 7 case in 2012,the bankruptcy Trustee can take your 2012 tax refund (the one that you will receive in 2013), the answer is yes, with some exceptions. We practice in Missouri; the answer, here, depends on what time of year the bankruptcy case is filed, the size of the refund, whether the debtor has a non-bankruptcy-filing spouse who also has earned income, whether the debtor can exempt all or part of the refund, etc. For an answer that specifically addresses your situation, you should check with your Arizona bankruptcy attorney.

My wife & i filed bankrupcy 10 years ago, so we've been clear for about 3 years. We still live in a dumpy trailer that is worth about $6-8000. And we still owe around $25000 on the loan. We have also again run up many credit cards. Around 20,000 in credit card debt. Is there a way to file chapter 7 and not only get rid of the credit card debt, but also get rid of this traler & its debt. They can take this stupid "modular home" its a trailer!! My wife & i make around $110,000 a year combined, so we could rent a much nicer home to raise our daughter in while finally saving to buy our own & rebuild our credit again. We are both 40 and have been at our jobs for 21 years each. I hate living in this trailer park with all these loud, inconsiderate people. Please let me know how to get out of my hell. Between our lot rent & our mortgage we pay around $900 a month now. I KNOW we can rent a place much much nicer than this !! Please help me lose the credit card debt & surrender this dump!! Anyone who can steer me the right way, it would be greatly appreciated.

At your current income level we doubt that you could file under Chapter 7; however, Chapter 13 bankruptcy, although it would require you to be in a payment plan for 5 years, would get rid of your debt, and the trailer. Consider abandoning the trailer and moving to a better rental, and then filing a chapter 13 case.

I just got summons to court for an old debt. I'm being sued by Midland and I would like to know what I need to do to deal with them and not have them garnish my wages! Thanks for your time.

Show up at court, or else Midland is going to get a judgment against you, and once they have that, they will garnishee your wages. If this is an old debt, you may have a defense that the statute of limitations has run, and the creditor cannot force you to pay. The statute of limitations applies to Midland as well as to the original creditor. You will probably need to consult with an attorney to determine which statute applies to your case, and when (or if) it has run. We are a bankruptcy, only, law firm, so you will need to contact an attorney who defends creditor lawsuits.

i have my home for sale thru realty executives jc with an option to sell myself without paying a commission. Remac jc brought an offer to realty executives and i accepted the offer, after an inspection was made the lender would not give the buyer a loan unless i replaced the roof. I told realy exe that i would not replace the roof. I asked them if I was now free to sell the home myself since i had an interested buyer and they said i was. I then signed a contract with my buyer and when I called realty exe to tell them i signed a contract and for them to take the home off the market they told me that the other party was still interested and had gotten a estimate to replace the roof. now i have two contracts and would like to honor my buyer since i was told i was free to sell the home myself. What is my legal obligations to either contract, especially the first one with realty exe? I am worried i can be sued by either or both parties and if so can i then force realty exe to pay what i was sued for plus legal fees since they told me I was free to sell the home? thank you very much

Thank you for your question. Unfortunately, we cannot give you a good answer. We are a bankruptcy, only, law firm. For a competent answer, you should contact an attorney who practices Missouri real estate law.

My parents are both still living, and are both 74 years old. My father is currently in the hospital, had emergency surgery last week, and received 16 units of blood. Upon realization that our father might die, my sister, brother and I got to asking our mother about their financial aspects. My father has always been self employed, making about 2,000 per month, with social security income of l400. Mom received social security income of about 400.00. Our surprise was when dad said he wished he would have died because he would be better financially. He owes about 120,000 on a 40 acre farm, including 6500 due July 1....and the surprise was the confession of owing $60,000 in credit card debt. They live in a 40 year old double wide trailer that is falling apart, and have about 200,000 in various life insurances, but no cash reserve. Most of the credit card debt is for payments of utilities, insurance premiums, work related expenses, and trailer maintenance; they do not live gloriously for sure. This has increased over about 15 years by paying only the minimum payment every month, and my father's credit score is 690l They do own a time share that is costing them about 800 per month--another surprise to us. Our son is very successful, and has received an approval to purchase grandpa's farm for approximately 3000 per acre, the amount for a positive cash flow. He has a rental home that he has offered to grandma and grandpa at a reduced rental rate in exchange for the reduced per acre payment for the farm. Grandpa believes is is worth about 4200 per acre, but wants to keep it in the family. OK, that leads to several questions: 1. Who pays credit care debt when my mom or dad dies? 2. If they declare bankruptcy for the credit cards and hospital bills, can they keep their paid for house and cars and social security income? 3. If they declare bankruptcy after the sale of the farm to our son, their grandson, how does that affect their interest in the rental home with the reduced rent? How does that affect his purchase of the farm ground? We want to make sure that our son stays out of the bankruptcy, and does not lose any of his investments. 4. Do you have any further suggestions on how Dad can continue to pay for his necessary expenses, and not declare bankruptcy? When he returns home from the hospital, he will be unable to work like he used to, so less income is coming in, and only social security is guaranteed income. He is against the bankruptcy idea, very proud of his credit score and his ability to pay on time, and actually is somewhat against leaving his double-wide trailer home since it is paid for and has been their home for so long. I would appreciate your comments and any assistance that you might have for us. Their July 1 deadline can be delayed if we can show that we have a plan in place with my parents......By the way, my mother does not do any financial decisions, has not consistently worked outside the home, and currently is an emotional wreck with my father in the hospital. Thank you for your time.

Your question poses a complicated set of facts, and to answer it completely would require an in-office consultation. Your parents should schedule such a consultation right away. They should not sell or transfer any property to any relative or friend until after they have consulted with a bankruptcy attorney -- it could cause problems with the bankruptcy. There are several different ways that they can file bankruptcy and results and attorney fees vary, depending on the type of case that they need to file. To determine which type of bankruptcy is best for your parents, an attorney will need to analyze their complete debt and asset situation. We encourage them to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and they will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If they would like for us to evaluate their situation, your parents may call us at 573-442-8123 for a free in-office appointment. We will discuss their bankruptcy options, and what they need to do to file, as well as the complete cost of their case. Tehy can also set their own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

if i file bankruptcy (chapter 7) and they finish the bankruptcy in november and in january or febuary i get awarded money from a lawsuit can the bankruptcy come back after my award money

If the lawsuit, or potential lawsuit was known at the time your bankruptcy was filed,it should have been disclosed on your schedules. If that happened, and your Trustee found that the proceeds of the suit were property of your "estate," the Trustee could hold your case open -- even after the discharge -- so that she or he could recover the proceeds of the lawsuit. If the act that gave rise to the suit came about before your case was filed, but the potential suit was not listed on your schedules, contact your attorney RIGHT AWAY about reopening your case to amend. You do NOT want the Trustee to find out before you disclose, or you may find your self prosecuted for fraud, stripped of your discharge and still on the hook for turning over the sale proceeds!

is it legal for a company to sent me a final notice for an account that is 3 years old (from when i went bankrupt), with an address like this mr robert sykes(bankrupt) etc for all to seee

It is a violation of the bankruptcy discharge for a creditor to sue you, or even contact you, about a discharged debt. Bankruptcy is a public record, so there is probably no violation of any privacy laws for the creditor to put "bankrupt" on the envelope, BUT, if that was done with the intent to intimidate or embarrass you into paying the debt, it may add another count to your claim of discharge violation. You should talk to your bankruptcy attorney, or another attorney who knows bankruptcy law, about suing the creditor for contacting you.

Filed CH13 for personal and included business I had. Even shows on the filing. The building out lease was in was vacated and paid through 12:31:10. Filed 1/1/12. Attorney/Court issued "notice" to the lease company of Ch13 as there was no intent to keep place. Building released property 2/1/11. They are now suing me personally and the company for $73000 for attorney fees and 6 mo rent/lease?? Can they if they were notified and didn't respond? Why are they suing...why grounds?

This is a good question for your bankruptcy attorney -- you may have a discharge violation claim against the creditor for including you, personally, in the lawsuit. If they were notified of the bankruptcy, and had some reason why the debt should not be discharged as to you, but they did not act on it, they lost their opportunity to pursue you for the debt. You may want to notify the creditor's attorney of your bankruptcy, in case the landlord "forgot" to let the attorney know. Your attorney may also know of some legal reason why you would be named, despite the bankruptcy -- it may have to do with personal assets that you may have pledged as collateral for the lease, or property belonging to the landlord, which he claims that you may have removed at the time you vacated the premises.

i want to file chapter 7 but i have 2 cars in my name my husband is on social security disability and does not drive that much but i don't want to let second car go because i work all day and i wold not want to leave him there alone without transportation would judge make me get rid of one car because he is on social security disability?

The answer to your question more complicated than just yes or no. The Court will not force you to sell a car that is needed by your husband just because he is not working. But -- the question raises the issue of whether the value of the cars is more than you can protect in a bankruptcy. If you live in Missouri, and the cars are titled in both names, and only you file, then there is a special legal protection that will keep the cars safe from being sold to pay your creditors. If your husband is going to file with you, a bankruptcy attorney would need to analyze the cars as an asset of your bankruptcy, and determine whether they are completely exempt property. Most people do not lose cars in a bankruptcy, so please do not let worry about that keep you from getting the facts about bankruptcy from an attorney.

Atty for hospital garished all our bank accounts leaving us nothing without prior notice from him (demand letter). We were never served any papers of his intent nor did the bank notify us prior to the action. Is this legal? Can they take everything?

In order for a creditor (other than the government or student loan lender) to garnishee you bank accounts or wages, they must first sue you and get a judgment against you in court. If you live in Missouri, you can check "casenet" (Google "casenet Missouri" for the link), to find out about the lawsuit and when the creditor claims that you were served with papers. if you are absolutely certain that you were never served with a copy of the lawsuit and a summons for court, then you may be able to ask the judge to reopen the case and set aside the garnisheement.

We live in Mesa Arizona. In august of 2010 we had tried to refinance our fifth wheel rv. American General told us no on refinance and to voluntarily return rv if we could not pay for the rv. They auctioned rv and only got part of what was owed.two years later they haveserved us to sue us for remainder of balance. Will I have to file bankrupcy so as not to be garnished?

As to the lawsuit, the answer to your question is an issue of Arizona law. For a competent answer, consult with an attorney near you. Bankruptcy will stop the lawsuit, but you may have other legal remedies under state law.

i forgot a clause in which when you buy home and after 2 year you are bankrupt than also you will get your downpayment back. Can please tell me that clause

There is no law that says this.

What's the difference in way I can file for bankruptcy?Im married and will be filing for divorce&i want to file bankruptcy before that happens.So that I an do any marital debt in it¬ have problems later.

There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation, including your pending divorce. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Divorce presents special problems because of the division of debts in the marital settlement or court judgment. If you file bankruptcy before the divorce, and your spouse does not file with you, you could end up being ordered by the divorce court to pay debt that you discharged in bankruptcy -- and you would have to pay it! Be sure that your attorney understands how divorce and bankruptcy work, so that you do not have problems after either proceeding ends.

I am thinking about filing for personal bankruptcy. My wife receives SSDI and this is her only source of income. Do I need to include her incomein the current monthly income to determine if I need to take the needs test? Without her income, my income is below the median average for my county and wouldn't need to take the needs test.

SSDI income is not included in calculating income for purposes of the the means test. The means test is complicated to calculate, and an accurate calculation depends on your attorney having a good knowledge of bankruptcy case law. When hiring an attorney, consult with one who practices bankruptcy full time and keeps up on the law.

Suppose your second mortgage is part of your first mortgage because you refinanced a few years ago. I have 2 mortgages , a first and a second now. my house is underwater if you combine both mortgages, but the first mortgage is not under water because of the second mortgage. Can i still get the second mortgage stripped off in a chapter 13?

Possibly. You will have to consult your attorney for an analysis of the legal issues, procedure for the lien strip, and the cost.

My bankruptcy lawyer forgot to collect payment for his services before filing the bankruptcy. He now wants me to pay him. Is this legal? If I don't pay him does he have to accompany me to bankruptcy court anyway? Or should I get a different lawyer to go with me to court. Will I save money that way? It's all very complicated please reply! Thank you.

The answer to your question depends on the type of bankruptcy that you filed, and the local rules of the jurisdiction in which you filed. Same with the issue of who accompanies you to court. The Rules of Court require your attorney to represent you until he is allowed out of your case by the Court. If you hire another attorney, the new attorney will have to let the Court know hat he or she is taking over your case. By the way -- do you think that it is fair to use your current attorney's legal service without paying for it? Isn't that kind of like stealing? Even if you cannot be compelled to pay the fee, you can voluntarily pay any debt after a bankruptcy, so why not pay the guy who helped you get rid of thousands of dollars worth of debt, stopped any pending lawsuits and garnisheements, and got your creditors off of your back? Did he keep your house from foreclosure and save your car from repossession, too? Why would you want to cheat him out of an honest fee?

If I default on chapter13, can they take my social security?

First, you must understand that NO creditor, except the government, can take your social security to pay a debt. Next, you should know that the Chapter 13 Trustee does not act like a creditor -- he will not sue you or garnishee wages or bank accounts if you miss Plan payments. He will, however, after you miss more than two or three payments, file a motion asking the court to dismiss your case. If your case is dismissed, then you will be in the same situation that you were in before you filed your bankruptcy. Talk to your attorney for more detailed information.

I am interested in filing bankruptcy but I'm unsure of how much debt is eligible for bankruptcy(minimum)...I know that student loans cant be wiped out with the bankruptcy but does/can it be included in the total amount of debt? And if I file bankruptcy will I be able to keep my car? How does the bankruptcy process work and what is the cost?

1. There is no minimum debt limit; 2. Your student loan balance will be included in calculating the amount of unsecured debt that you have. This can make a difference in the types of bankruptcy available to you; 3. Most people who file bankruptcy are able to keep their car. The exact answer depends on the type of bankruptcy filed, the value of the car and whether any money is owed against it, and the types of legal exemptions (protections) available to protect the car from being sold to pay creditors; 4. There are different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

My Grandmother is giving me her car as a gift. In order for me to get insurance on the car at my age of 16 on my mother's insurance, the car title will need to be in my Mother's name, as well as mine. My mother may be filing bankruptcy in the near future. I will be the only one using this car and maintaining repairs and paying for its costs. The car was also given to to me as a gift from my grandmother. If my mother files for bankruptcy, can her creditors take the car away as an asset because her name is also on the title?

Your mother needs to consult a bankruptcy attorney in the area where you live. Here, in Mid-Missouri, we would be able to protect the car in bankruptcy if your mother never made any payments toward the car and you make all of the payments for insurance, upkeep, etc. This may also be true in other jurisdictions, but we are not sure because, while statutory bankruptcy law is the same everywhere, court interpretations differ in different jurisdictions. By the way -- creditors don't take assets in bankruptcy. If there are assets a bankruptcy trustee liquidates the assets and distributes the proceeds among the creditors.

We filed chapter 7 in 2003 we were told we would get 8500.00 from the sale of our house we never received it.

We don't know. We have no facts about your case. Your attorney is the one to talk to.

I filed bankruptcy in 2009 and i thought a car was taken out of my name so i didnt list it as an assett the car was taken out of my name a little before my court date I was still unware but the bankruptcy was revoked and now the staes attorney is trying to say it was fraud can this be fixed

If by "court date," you mean the meeting of creditors, then the car was your asset at the time your case was filed, and should have been listed. We do not know all of the facts, so we have no idea if your case can be fixed. Talk to the attorney who filed your case, and find out if something can be done.

We will be discharged as of Aug 13th from a chapter 7 bankruptcy. My question is I realized that we never received the paperwork from our mortgage company reaffirming our debt with them. My attorney sent paper work to them 3 times but never received a response. I took it upon myself to call the mortgage company and find out what was happening. They new we filed but claimed that they do not respond to written responses. The problem is they said it will take 30 days for them to send us the paper work because they want a appraisal of our home first and we discharge in 19 days. They want us to get a extension but my attorney said we don't need the agreement that we should discharge on the 13th. I worry that if we don't do the paperwork properly that somehow it will backfire on us in the future.

We advise our clients to NOT reaffirm mortgages. As long as you are making the payments, the creditor will not foreclose. If you are behind on the mortgage, and have not been able to catch up while the bankruptcy is protecting you, we might advise you to convert to Chapter 13. We have never heard of a mortgage creditor requiring an appraisal before offering a reaffirmation agreement, unless your might be behind, and they are not sure whether they would rather foreclose or let you reaffirm the note. We are not sure what paperwork your attorney would have sent to the mortgage company, either. We never send them anything -- they always send reaffirmations to us, then we discuss with our clients why we think it is a bad idea to reaffirm. One more thing: if there is something that needs to be taken care of before your discharge, but the proper paperwork may not get done in time, your attorney can always file a motion to delay the discharge.

Who polices the police in Jefferson City?

We are a Columbia, Missouri bankruptcy law firm. We have no way to answer your question. Perhaps you can call you city council representative.

My question doesn’t necessarily pertain to Bankruptcy but it does to hiring an attorney. What type of attorney would I need to contact to fill against a public school for giving false information to me & costing me financial loss?

We are a bankruptcy, only, law firm. We do not know the answer to your question.

I FILED BANKRUPTCY OVER 12 YEARS AGO....... CAN A BANK THAT I HAVE LOANS WITH NOW DECIDE TO NOT LOAN ME MONEY BECAUSE OF THIS CHARGE OFF WITH THEM I HAD THAT WAS DISCHARGED IN MY BANKRUPTCY OVER 12 YEARS AGO. ?? THEY SAY BECAUSE THE BANK TOOK A LOSS WITH ME......THEN HOW COME THEY GAVE ME OTHER LOANS AND IT WAS NOT A PROBLEM THEN ????

The bank can refuse to lend to anyone, as long as the refusal is not based on race, age or gender discrimination. The bank can refuse to lend to you because of prior losses, BUT, it cannot say to you, "if you pay the old account, we will issue a new loan to you;" THAT is a violation of the bankruptcy discharge.

where do i get a pro bono lawyer to represenr me in court to end a limited conservatorship

We are a bankruptcy, only, law firm. You should consult with a lawyer who handles guardianships and conservatorships. Try your phone book, or call your state's Bar Association for referrals. You can also talk to your local legal aid office about whether your qualify for reduced fees or free representation.

I have a friend who's live in girlfriend stole all of her credit cards and ran them up over 100k. The girlfriend had already been in prison for this a few years before. Instead of turning her in my friend filed bankruptcy 2 years ago. It's really sad because she had perfect credit before this happened. Is there anything I can do to send this girl back to prison for a long time?

You are not the victim of any crime. It is up to the victim to report fraud and fill out a police report.

My ex and I signed together for two vehicles when we were together I am primary signature on both applications including ownership, and financial aspect. I have let my ex keep his car and in the meantime he has gone bankrupt, he has been paying his trustee but because of some malpractice on behalf of the bank they have not been given the full amount, I now have been subpoenaed to court on Wednesday and I am wondering if you have any information how I can either get this vehicle in my possession to sell and pay off the bank, or get my name off the title and have his parents sign for him instead of me considering thats is where he lives and they are more then able this was to be done two years ago but his procrastinating has lead us here. I was wondering if there are any cases you can tell me that have been to court and won. Thank you very much for your time.

You could take out a loan and pay off the vehicle. If the vehicle was in your possession, you could sell it and pay the bank. OR, his parents could pay of the vehicle, or take out a loan and buy the vehicle from you and your ex. By the way - co-signing is co-signing: there are no "primary borrowers" and "secondary borrowers." Only one name can go first on the paperwork, and no matter how many borrowers there are, all are equally responsible for making sure that he payments are made. This is a hard way to learn an important and valuable lesson: NEVER co-sign for anyone, not parents, children, boyfriends, girlfriends, room mates, no one! No matter how much they promise to pay, you may be left with the payments and spoiled credit. Remember -- if someone wants you to co-sign it is because they already have messed up credit. If a bank or loan company (which can afford to take a loss) won't take a chance on this person, why should you? This applies to co-signing rental agreements, too!

Hi. I have been renting a townhome for 2 years, the owner is going thru bankruptcy. I am sending my rent checks to an appointed Trustee/ lawyer. He asked if I would like to make an offeron the townhome. My question? I believe the owner owes more than I want to offer. Aprox $160,000. I want to offer half $80,000. Is this feasible?

Don't be afraid to make your offer! The only way the you will find out if it is feasible is to make the offer, or call the Trustee and discuss the situation. If you are saying that your offer is not enough to pay off the owner's debts, that should not be a problem. If yours is the best offer, the Trustee simply pays the creditors according to a legal formula, and the unsecured creditors will only get part of what they are owed. If you are saying that your offer is not enough to pay off any mortgages owed against the townhome, that may not be a problem, either. If the townhome is worth less that the amount owed, the Trustee may be able to get the lenders to take less.

If you have filed a bankruptcy 7 two years ago and you at this time was able to make payments on your house but now they forclosed on it can you file bankruptcy now or when

You must wait 8 years to file another Chapter 7. If you need immediate relief from your creditors, you are eligible to file under Chapter 13 now. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

Hi, my house has been repossessed by the bank, I have phone bill debts, and various other debts, so I have had to move back home to my parents house, I have not filed for bankruptcy or payed anything towards the debts, if I get county court judgements and have to start paying can I file for bankruptcy, and are my parents liable to pay any of the debts?

Your parents are only liable for debt that they have so-signed with you. You have the types of debt that bankruptcy gets rid of, but why are you waiting until there are judgments? Lawsuits and judgments show up on your credit report, and damage your reputation with future lenders. Do the bankruptcy NOW, before those bad things get attached to your credit report, and before any judgments result in wage garnisheements! There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I'm about to lose my house due to back taxes that I'm unable to pay. I've decided to sign the house over to someone who can afford to pay them and who wants to fix up the place. My concern is that I could still some how be responsible for the taxes or something else could go wrong. I've read up on quit claim deeds, but I really don't understand if this is a safe way for me to get rid of the house. I could just let the city take it, but it's been vandalized and the city will more than likely tear it down...I'd hate to see that happen, so I opted for the quit claim deed to try to save the place. Could you tell me if I could still be held responsible for the back taxes, once I've signed the place over to this other person?

We are a bankruptcy, only, law firm. You are asking about real estate and taxation law. For a competent answer, you should talk to a real estate attorney.

I was talking to my Daughter on skype this morning. she lives in Brataslavia. She married and has a family there. She was paying on her school loans but stopped once she moved to Slovakia. Her loans have been accruing. What are her options? She is very concerned. Thank you for your assistance. Marilyn

We are a bankruptcy law firm. We know how to deal with student loans in bankruptcy, but we do not know what your daughter's options are. The answer to your question depends on who is the lender and whether the loans are in default. We suggest that your daughter speak to the lender, and look up her options on the lender's web site.

My freind has a home which is owned by her and her spouse. They have a second mortgage on the home which is in both of their names. A year agon she filed chapter 7 bankruptcy which included both mortgages but her spouse did not file. The house is in foreclosure now but her husband wants to refinance the house so that they can stay in the home. If they refinance what will happen to the second mortgage? will she be responsible for that debt again?

Unless your friend reaffirmed the 1st and 2nd mortgages in the bankruptcy, those debts have been discharged as to her. If the house is refinanced, and she signs the refinancing papers, she will be liable for the new debt. We recommend that she (and her husband) NOT refinance a house that they, obviously, cannot afford. If the second mortgage is not paid off in the refinance, then your friend will not become liable for that debt, again.

do we still go 2 bankruptcy court?

We are not sure what this question is about. If you wish to elaborate, please send a new Ask the Expert Question.

My husband is being sued over a credit card debt. He is in jail for life with no parole.After I lost my job I had no income until I turned 62.I was the authorized user for the card and ran it up and quit making payments on it 3 years ago. I am currently on social security (900 a month) Also I am making payments on my chapter 13 bankruptcy I filed two years ago. My husband received a summons for the debt. Should I go on his behalf since he can't make it and explain to the judge or let the court declare a default. If he loses he cannot pay anything. We have a house in both our names so I think it can't be involved because I am under bankruptcy protection also the house is owned by us both as tenancy by entirety (H/W) Thank you Mary

First: Did you include this credit card in your bankruptcy? Most people would not, but as authorized user, you "ran the card up," so there is a possibility that the card issues could try to sue you, too. You might talk to your bankruptcy attorney about adding this to your creditors. Second: If you are not named in the lawsuit, going to court instead of your husband will have no effect. The creditor is going to get a default judgment whether you appear or not. Third: If you live in Missouri, and if the house is in both names, and if the credit card is in just your husband's name, then a judgment lien will not attach to the house.

Being married if one files for bankruptcy do both spouces have to file? Also, my husband and I don't own any property together he owns a trailor, a camper and makes payments on his truck, and I own my car, if one or both of us were to file would we be able to keep any of those things?

Both spouses do not have to file. We cannot tell you here what property you would or would not be able to keep -- the answer depends on the type of bankruptcy filed, the value of the property and whether any money is owed against it, and the types of legal exemptions (protections) available to protect the property from being sold to pay creditors. You should contact a bankruptcy attorney for a consultation. During the consultation, the attorney will discuss your complete debt and asset situation, and present all of your bankruptcy options. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

I am basically homeless and living with a friend...I am in Missouri and have been told I would have to use my friends income and bills in my bankruptcy. Is this true?

No, but you would have to show the amount of support that your friend is providing to you.

I am disabled and my wife just left me with our home and took most everything else of value but, my question is our manufactured home is in both our names but she left and I am still here with all the bills is she responsible for half the lot rent , half the mortgage payment, half the home owners insurance and half the taxes if she doesn't remove her name from the title

Your question was cut off -- we don't know what you are asking.

I am ready to file bankruptcy. But my daughter's college tuition is due now. Can I take money from my IRA to pay it?

Although we think that it is a bad idea to ever take money from your retirement except for dire emergencies, the answer to your question is a "qualified" OK. When you say that you are "ready to file bankruptcy," does this mean that you already have an attorney, or simply that you are mentally prepared to begin the process? If you already have an attorney, ask her or him before you take money from your pension. If you don't have one -- consult with one. The real answer to your question may depend on where you live and the geographical location of the bankruptcy court that you will be filing in. Please also consider the tax implications of taking the money from your retirement -- we have seen many bankruptcies filed because of tax problems, including taxes incurred because of pension distributions. Please do NOT think that we want your daughter to get student loans - we think that student loans are worse than pension withdrawals. Consider these options: Is it possible for her to get any grants or work-study money? Can she sit out of college and work for a year to save for tuition and expenses? Can she take a lighter course load and work part-time? If you feel like YOU must to pay for her college education, can you take on an additional part-time job to do it? If you have not already hired an attorney, consider this: there are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. If you live in our filing district (see our website www.MMBKC.com), our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

When you file bankruptcy do you have to declare your home?

When declaring bankruptcy, you must list all assets (including real estate, mobile homes, motor vehicles, etc.), and all debts (including debts owed to relatives and friends). "Declaring" assets does not mean that you will lose them -- MOST people do not lose any assets in bankruptcy. If you want to know about specific assets, talk to an attorney before you listen to the advice of family, friends or creditors. We are amazed at how wrong most people are about the process of filing bankruptcy, what happens when a case is filed, and the aftermath, including the affect on future credit! We urge you to seek an attorney who handles only bankruptcy law, because bankruptcy is a complicated area of law that is subject, to a certain degree by local custom and court decisions. A bankruptcy lawyer will devote a lot of time to keeping up with the law -- something that lawyers that handle lots of different types of cases cannot do. If you live in our filing district (see our website: www.MMBKC.com), we invite you to call our office for a free consultation. You can also make an appointment directly from our website.

My house was included in a chapter 7 bankruptcy but we kept paying as we were not ready to move yet. We are in the process of buying another house but was unsure about any responsibility we might have after leaving. Our new lender is unsure of what to do as this is new to them also.

Generally, if you did NOT reaffirm the old house mortgage, you should stop making payments and let it proceed to foreclosure. As to your new lender, why are they involved? If you are current on the old mortgage, and the new lender is ready to lend on the new house, why are you telling them anything about your plans? By the way: we are located in Missouri, and it looks like you are in another state -- you should check with your bankruptcy attorney to make sure that our advice hold true under the law in your area!

If our home is held as collatiral for another piece of land, can bankruptcy be filed on the land without losing our home?

If you are giving up the land and want to get rid of the debt, you may very well lose your home, too. The reason that the lender made you put your home up as collateral for the land loan was to protect themselves from a loss in case you default on the land payment.

One particular bill collector continues to call me daily at home and at work despite me notifying them of my pending bankruptcy. What do I need to tell them (bill collector)?

Tell the bill collector that you have a lawyer. Third party bill collectors are required by law to talk to your lawyer, and may not communicate with you. This does NOT apply to companies collecting a debt that you owe directly to them.

Yes, I had recently filed for bankruptucy, and I gave back the auto that I was driving back, due to a blown gasket. However, I financed another one. I thought when I purchased this vehicle, that my attorney already filed, but he hadn't because my spouse and I had to take some credit counseling class online. To make a long story short. He said, I had to report it, which, I do not mind, but he said the option is giving it back, or waiting ninty days to file our case, or the worst scenario, the Bankruptcy Trusteee, could sell it. I really need my car to get back and forth. I do not mind paying the Trustee the monthy car payments. Can you help me, we must make a decision by tomorrow.

Your attorney should explain what is going on: because you purchased the new car just before your case was filed, the creditor probably did not have time to take the steps necessary for a legal lien to "attach" to the vehicle. This means that the vehicle is an unsecured asset of your bankruptcy "estate" and the lender has no legal claim over the vehicle. Your Trustee will expect you to either surrender the vehicle to her/him to sell, or seek some financing to buy it back from your "estate." If you do not want to surrender it, and cannot find someone to lend you the money to buy it back, you could convert to a Chapter 13 bankruptcy. In a Chapter 13, you could make payments to the Chapter 13 equal to the fair market value of the car. You would keep the vehicle, you would be out from under the auto loan, and the lender could file a claim for payment as an unsecured creditor.

I am planning to file Chapter 7 bankruptcy; would that be a problem when my i have to ask for a student loan for my daughters education? would i be abel to co-sign?

In seventeen years of bankruptcy practice we have never heard of a former client having difficulty obtaining a student loan after bankruptcy. What usually happens is that the borrower will be turned down for a private student loan (the student loans that banks offer), but will then become eligible for a government backed student loan – at much lower interest. It is important to talk to your daughter’s financial aid counselor, to find out exactly what you should do. Don’t be afraid to be candid about the bankruptcy – the counselors are used to hearing about financial difficulties, and helping you find ways to work around them. We think that student loans are a very dad idea!. Consider these options: Is it possible for your daughter to get any grants or work-study money? Can she sit out a year of college and work for that year to save for tuition and expenses? Can she take a lighter course load and work part-time? If you feel like YOU must to pay for your daughter’s college education, can you take on an additional part-time job to do it?

Can a seventeen year old move out of their parents home without their parents consent in the state of Missouri?

We are a bankruptcy law firm. For a competent answer to your question, you should consult with someone who practices family law.

Hi, I do have an attorney, but filed bankrupty in March of this year, discharged in may and surrendered my property in Fl, I live in NJ for past 18 months, now the attorney for the mtg co is filing for foreclosure and is asking for attorneys fees. I know my bankruptcy covers me for the house, but can a judge make me pay the attorneys fees? I have contacted my attorneys office and he says have them call me. They never return phone calls, so should I be worried? I cannot afford the morgage co attorneys fees

Generally, discharging the debt in bankruptcy also discharges any obligation to pay foreclosure fees. Talk to your bankruptcy attorney to make sure that there is no quirk in the law in Florida.

My wife and I filed a Chapter 7 bankruptcy 10 years ago and unfortunately we had a mishap with a line of credit that was secured to the house so now after several that collectors they turned it over to an attorney that is threatening to take our home my question is ....is it possible to go after a chapter 13 now that allows us to make payments without obscene interest rates preventing us to pay them off and also keep our house ?

It is possible for you to file a Chapter 13 case, now. You will not be able to change the interest rate on your second mortgage, but, depending on the value of your house, and the balance of the second mortgage, you may be able to get rid of the second mortgage altogether. To determine whether this will work for you, and which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

the mother of my 19 yr old son still owes for back child support. i recieved a letter saying that she is filling for bankruptsy. can she get out of paying the rest of what she owes this way? what are my options at this point?

Child support survives bankruptcy. You were listed in the bankruptcy because the law requires that you be listed. You may be contacted by the bankruptcy Trustee, who will advise you of your options.

I was listed in trust,to receive 30,000 dollars at the time of my friends death. Trustee refused to pay. Can she be forced to pay?How long do you have to make her pay?

We are a bankruptcy law firm. For a competent answer you should consult with an attorney who handles probate or estates and trusts law.

I received a bounced check from a friend from a loan.What is the law in Florida regarding bounced checks under $1000, over $1000

We are a bankruptcy only, law firm, operating in Missouri. For a competent answer to your question, you should consult with a Florida attorney.

what are the new bankruptcy rule changes to take effect in 2013?

Local rules vary from jurisdiction to jurisdiction. For a competent answer, you should consult with a bankruptcy attorney, or check with the bankruptcy court in the area where you live.

I have just opened a collection letter from a credit card I went bankrupt on 2 years ago. Why is this?

1. They might have made a mistake in their record keeping; 2. They might be trying, illegally, to collect a discharged debt; 3. They might have sold the debt to a debt buyer, who does not know that the debt was discharged in bankruptcy. Send them a copy of their own letter, along with a copy of your bankruptcy discharge, and a letter explaining that the debt was discharged in the bankruptcy. Send it certified mail, return receipt requested. You should not hear any more from them, but, if you do, notify your attorney, and provide your attorney with copies of everything that you sent, and the signed receipt showing that they got the certified mail.

i went bankrupt in 2010; at which time i reaffirmed a car note thru Wellsfargo Auto finance...after paying the loan for two staight years as agreed i realized that Wellsfargo was NOT reporting me to credit bureaus as 'pays as agrees' ie they stopped reporting in 2010. Wellsfargo sold my loan to a company called loan servincing...the representatives at Loan Servicing tells me that they have reported me as late pay (since i was layed off)...? can they legally report a negative remark if wellsfargo never reported a positive remark? can they have it both ways? If wellsfargo had been reporting 'the good pay pattern' it would have raised my score high enough for me to refinance, thereby raising my score. is it legal for them to NOT report good - and then, report bad?

The company that bought the loan is allowed to post true reports about your payment history with them to the credit bureau.

Hello, I was informed by my inlaws that an attorney left them a message regarding a debt that I owe to Chase bank. When I called them the attorney explained to me that I had $11,000 in debt and I defaulted in paying chase bank and that they were going to sue me, he then told me that they would settle for 3,800. I told him that I wasn't working at the moment, so he suggested I ask a family or friend to take out a credit for the amount owed because if not they would suspend my license if they defaulted a judgement against me because it was a big amount. I want to know if I were to file bankruptcy can they still suspend my license?

We know of no type of license that can be suspended over a debt to a credit card. The person who called was lying. If he was an attorney, you should report him to the state bar association. If he was not an attorney, but posing as one, you should also report that to the bar association, and to your state attorney general's consumer fraud division. Finally, you might consult with an attorney about suing this jerk under the Fair Debt Collection Practices Act. Oh -- and tell your parents to block his phone number, or use their caller ID and ignore the calls.

I'm trying to file bankruptcy myself, but i have no clue on how to go about doing it.

We strongly advise you to have a bankruptcy attorney prepare and file your case. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. The forms that are available over the internet do not take into account local rules and various state property exemptions; they also cannot help you with making proper adjustments to income that you may need if your income is above the median. Doing your own bankruptcy to save money does not make sense -- if your creditors told you that they would take pennies on the dollar, most people would gladly would pay it. Well, that is what a bankruptcy attorney costs -- pennies on the dollar compared to the debt that you will be getting rid of. Why not let someone who knows how to do the job do the job -- and get it done right?

My husband and I purchased a time share in Branson in 1998. John died in 2007. I since purchased another timeshare and RCI says they cannot connect the two accounts, making them both point accounts (the 1st is weeks) because John's name is on the 1st account. Do I have to remove my deceased husband's name from the deed? How do I do that?

Thank you for your question. Unfortunately, we cannot give you a good answer. We are a bankruptcy, only, law firm, and while we deal with clients who have real estate and time shares, we do not deal with real estate law. In most instances, time shares are considered real estate because they are conveyed by a deeded interest in the land on which they sit. For a competent answer, you should contact an attorney who practices Missouri real estate law, and knows something about timeshares. We are sure that you can find someone competent in the Branson area.

My husband killed himself March 26 20012, The day the bank was to auction our house they were the 1st. well they gave me some time and I filed bankruptcy I surrendered the house because it had a 1st and 2nd. They trustee let the banks try to get their money. The 1st auction the house a couple of moths ago and it sold. The buyers are letting me rent month to month, as they bought for investment and waiting for housing market to pick up to sell. Now in two days I have gotten six letters from the second They want to be payed back payments plus interest and saying they are going to foreclose. Also sent a new payment book. Also they want me to pay for homeowner insurance. I don't even own this house any more and my have to move at any time.

If the second mortgage was listed and discharged in your bankruptcy, they should NOT be contacting you, at all. Try sending them a copy of your bankruptcy discharge, and the page of your schedules on which they were listed, along with a letter telling them to stop contacting you. Send it certified mail, return receipt requested. Also send a copy to your bankruptcy attorney. If this doesn't stop them, then your attorney may have to file a motion asking the bankruptcy court to hold them in contempt of the discharge order.

I wanted to know if it is against the law to have my vehicle stripped down because most of the things on my truck are aftermarket that I purchased after the vehicle and i have since sold all of the original parts?

If you are talking about removing parts from a vehicle that is about to be repossessed, then, under Missouri law (where we are located), you can be held responsible for any difference in what the creditor sells the vehicle for, and what you still owe, plus the creditors expenses for repossession and sale (called the "deficiency"). If you strip off all of the after-market parts, but do not replace them, then it is going to cost the lender a lot more to sell the vehicle, and you may be held responsible for paying a bigger deficiency. You should also check your state law to find out if you can be held criminally responsible for damaging secured property by stripping of the parts before sale.

I got a loan from benefial finance company over 5yars ago my husband lost his job however i did work but could not afford to pay them.He is on disability i receive a pensin from the sate of california.They went to a collection agency with lawerys and they threaten to sen us before the judge. we sent 3 payments in for 250.00 each, anytime we don't send apymen they send us to appper before the judge.what can we do?

A threat from a lender is not the same as the actual event. Just because they threaten to sue you does not mean that they really will. If you live in California, talk to a bankruptcy lawyer to find out if the California pension can be attached by creditors; if it cannot, then your income is "judgment proof," which means that it cannot be taken to satisfy a debt. However, other types of property that you may have, including cars, real estate, cash in the bank, certificates of deposit, etc, may not be judgment proof-- meaning that they might be at risk if a creditor gets a judgment against you. Before you let any creditor scare you, talk to a lawyer to find out your legal rights, and risks!

My wife filed for chapter 7 and she took responsibility and all of the our accounts and included them in the bankruptcy. She paid all of the accounts that submitted a claim in the bankruptcy 100% of the amount owed. Two credit card companies did not submit a claim. Now I am being harassed by a collection agency that is stating that I am still responsible for this debt since they were not joint accounts and are trying to have my wages garnished. They say that the proof that they have is that the only my name is listed on a statement that they have. Unfortunately these accounts were opened in the 80's and I do not have any of the original documents accept for copies showing my wife's name on a credit card. My questions are: 1) Even if they are not joint accounts, can an authorized user take responsibility and claim them in a bankruptcy and if so, are the credit card companies required to make a claim before the bankruptcy payments start? 2) Is a credit card statement with only my name on it proof of the account not being a joint account? Thank you

Under certain circumstances an authorized user can be held responsible for account charges, but, your question raises more questions: 1. If the account is from the 1980s, how long has it been since there were any charges or payments on the account? If three or more years, then, depending on which state you live in, the statute of limitations for collecting the account may have passed. This does not mean that the creditor cannot try to collect, but it does mean that they cannot sue you to collect. If a lawsuit is filed, GO TO COURT and make them prove that the statute of limitation has not passed. If you do not go to court, and the creditor gets a judgment, they may able able to collect because, by not responding to their lawsuit, you gave up your right to the statute of limitations defense. 2. Is this the original creditor, a debt collector, or debt buyer? If it is a collection agency or a debt buyer, it is doubtful that they have the documentation that they claim to have. Make them prove it, but also make them prove that the statute of limitations has not passed. 3. In order to get paid in your wife's bankruptcy, creditors must file claims, but, if you really were/are responsible for the account, then, even if they did not file a claim for payment by your wife, they can still collect from you. Debts are only discharged as to the person who filed the bankruptcy. We suggest that you see an attorney in your area -- you may have additional protections if your state has a consumer protection statute.

me and my wife does not have any joint account.she is the only one on mortgage.her mortgage payment is to high $2800 @6.50'/.so she stopped the mortgage payment to wellfargo bank for loan modification for last 6mo.she still didnot talk to the bank for loan modification.at the same time because of the some financial problem she stop making payment to credit card company she wants to file chapter 7 without including home. right now home is underwater.loan is $350000 and house value $280000. we want to keep home but with loan modification.what is the right way to solve this problem.thank you

All debt must be "included" in a bankruptcy, but not all debt must be discharged! Most people want to keep their houses and cars, and most people are able to do that -- but the debt (and the houses and cars) must be listed in the bankruptcy forms and schedules. The answer to whether your wife is able to keep the house after the bankruptcy is complicated. It depends on the type of bankruptcy filed, the amount of equity in the house (and available state or federal exemptions to protect that equity), and how far behind the payments are. Then, even if the house is protected from being sold by the bankruptcy Trustee, the mortgage creditor can still get permission from the court to foreclose if the payments cannot be brought up to date. Based on the clients we have seen, and the articles we have read, there is very little chance that your wife will be granted a mortgage modification. And, she should NOT stop making the payments -- she is just getting farther and farther behind. The only way that she is going to save the house from foreclosure is to either refinance it now, or file a Chapter 13 bankruptcy and catch up the past due payments over time while being protected by the bankruptcy court. Have your wife consult with a bankruptcy attorney right away. We encourage her to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and she will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please call 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

Hello, I am considering filing chapter 13 for credit card dept. This is the problem. I owe over $ 30,000.00 in credit cards but I also have have real estate. Some is actually tied in with other family gave to us from our father. With my real estate and my other assets I am probably worth around $ 50,000.00. I have no problem in paying all the dept through the court. I just want to see and end in sight. Can I still file?

Chapter 13 bankruptcy is perfect for a person in your situation -- you can keep the property and pay off the debt while being protected from creditors. In Chapter 13, the credit card interest, penalties and over-credit-limit fees stop. You should talk to a bankruptcy attorney right away. To determine whether bankruptcy, particularly Chapter 13, is right for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. If you live in mid-Missouri, give us a call. Our office has a free consultation policy, just call us at 573-442-8123 for a free in-office appointment. We will discuss your bankruptcy options, and what you need to do to file, as well as the complete cost of your case. If you prefer, you can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), and NACA (National Association of Consumer Advocates).

If you filed for bankruptcy and money that was in your account that was not yours was not entered into the bakrutcy and your bank freezes your account can the trustee keep this money and is it to late to amend your bankrutcy to add income that was not entered in correctly.

You should amend your schedule B to show that the money was in your account, and to add an explanation that it is NOT yours, and why. Also -- are you sure that the bank froze your account, or did they just stop online and ATM access? If you owe money to the bank, they sometimes do this until your bankruptcy is over. Talk to your attorney about both of these issues -- your bank may or may not be violating law.

I bought a Townhouse in 2002 on a FHA loan and in 2008 I had a 2nd on it and by 2009 my husband was laid off and we were missing income of $28,000 yr. we were by then having a bankruptcy and filed on both mortgages then saying we intended to reimburse with both and we continued making pmts for 3 more years. which became a real hardship,neither mortgage ever acknowleged the bankruptcy. We tried for over a year to get loan modifications and they made it hard for us all along always refusing to accept our required documents even refusing one from the govt. but our bankruptcy had been discharged 3 yrs. ago, and to this day they refuse to acknowledge it. We sent them letters and copies of our filing and discharge ,but they continue to harrass wanting their money, We moved out and wrote them saying that as per the rules of the Court we are advising them that we have moved out and were surrendering to them the property, but they still will not accept it and according to the rules our debts are not allowed to harrass or attempt to collect. How do we get them to stop?

Talk to your original bankruptcy attorney -- the creditors are violating federal bankruptcy law relating to the discharge of debts. You may have a valid claim against them for your attorney fees and other damages. If you bankruptcy attorney will not handle the case, there are other bankruptcy attorneys who will.

Afriend of mine declared bankruptsy can i buy stock for him in my name ? What if i get cought ?

If you buy stock in your name, it is your stock. You have not given me complete information as to why your friend cannot buy stock in his own name, but if he is in bankruptcy. and he is doing something that is not allowed, then he is jeopardizing his bankruptcy discharge and, possibly, violating the law -- and you are possibly a conspirator. He needs to check with his attorney.

My husband had to file for bankruptcy because of a judgement against him, it was a civil (contract) case. This was a 6 year old case and kept dragging on, then our attorney was banned from practicing law, I beleive it was for a year. We didn't have money for another attorney so consequentlly he lost the case. My question is, the day before we received the discharge papers we got a notice that the other attorney is filing a fraud case against the bankruptcy, but the case wasn't about fraud it was a civil contract case, can he do this?

Fraud is not always a criminal offense -- it can also be found in civil disputes. Any creditor who believes that he has been defrauded can oppose a discharge of the debt that he believes was obtained fraudulently. You need to talk to an attorney -- just because fraud is alleged does not mean that the court will find that it actually occurred.

My mother financed a car for me under her name. I don't have my name on any paperwork. I can't afford to continue paying the car loan. Can I be sued or anything if I give the car back to her and stop making the payments.

No one can sue you, but we hope that your mother learns a valuable lesson from this, and refuses to help you next time!

Sold trailor for $2000 got $500 down and supposed to get rest in 1 month. It has been over month and olny $500.00 is pai whaty shboud i do

Thank you for your question. Unfortunately, we cannot give you a good answer. We are a bankruptcy, only, law firm, and while we deal with clients who sometimes have debts owed to them, we do not deal with debt collection. For a competent answer, you should contact an attorney who practices debt collection law. This debt is small, so you could also check with your local court about filing a small claims lawsuit.

I am recently retired from the Canadian Federal Government. My husband and I had over $200K in debt at the time. We sold our house quickly and netted $12,000. Still owe $60K credit line and vISA at the bank. $25K on one of our vehicles (husband owns his 2000 Dodge truck (value probably less than $5.000. We have been married for almost 44 years and there are obviously decades of reasons for this mess. We owe $22K to one credit company and $18K to another. I received around $120K in non-taxed benefit when I retired as I had high room for RRSP direct without tax. I have used all of this to get my divorced daughter set up in a house in the same city as her children to she has them alternating two weeks. Our daughter is quite ill (was a big girl, lost the weight, had the skin cut off (whatever you call that expensive surgery) and now is struggling with at least pancreatitis. I hope I have told you enough to have you advise on two things... to declare bankruptcy (my husband and I) for balance of debt, do we go to jail for not having the tax money available...? We are retired and only source of income in $2000 in my government pension plus $500 in Canada Pension plus my husband's Old Age Security and Canada Pension which total $1200 a month. I was paid back pay which the governnment owed me by 2005 and I was not 65 then and should not have affected my pension but has so no Old Age Security for me right now. Q1 Does my daughter get taxed by bills we paid for her to get her in this house? Q2 What happens to us when we have no money but live in our daughter's basement hoping to declare bankruptcy and live on our pension but won't be able to pay our taxes and will have to save cash for a vehice when necessary. Thank you for any help you can provide. Hopefully you have a Canadian contact. Thanks very much in advance. Sharon and Sandy Heidman at 5199826-8607 in Ontario, Canada.

We are located in Missouri, and you are located in Canada. We know nothing of Canadian law, and we have no Canadian contacts. You need to consult with an attorney in Canada, near where you live.

Should We File for Bankruptcy? my spouse and I owe $3,000 in state tax (Ohio) and $14,000 in Federal Tax. We are currently on a payment plan for both. However, the state did a reassessment for 2010 and added on more to the current account. We can't continue to pay the additional amount for the extended period of time. Another 8 months. We requested an extension and to have it reduced by half after the original amount from 2009 has been paid. They said "NO" "since you didn't sign the amended payment agreement to add on the additional months to satisfy the 2010 taxes (which you have to pay off in 12months- not in the agreement, but verbally communicated by a tax department representative) we are going to put a lien on your accounts. We only have about $1,500 dollars in an account and our checking account is for our pension checks just barely covers our monthly expenses (mortgage, utilities, food, car payments, outstanding taxes). What should we do?

It sounds like you are in Ohio. We are located in Missouri, and, while bankruptcy is governed by federal law, your situation is with your state taxing authority. Bankruptcy will protect you from actions by any creditor, including your taxing authority, but whether you should file, should be determined by an local attorney. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law.

i have had some financial difficulties that have me behind in my mortgage at which i am currently negotiating with the current mortgate company to settle my matters feasible to both of us..in this process, i found out that the cosigner is being sued by midland funding and they put a lien on the house, and he was never served. i am currently in school and i am trying to understand if bancruptcy is the best option...fyi...i will be graduating next month and want to continue to pursue my education and am afraid that i will not be able to apply for student loans if i decide to file bancruptcy.....please help

1. Bankruptcy will not stop you from obtaining future student loans. Talk to your financial aid adviser to find out how this works. 2. Your bankruptcy will not remove the lien put on the house by the co-signer's default judgment. 3. If you live in Missouri, and the co-debtor is your spouse, the lien has not attached. 4. If the co-signer is not your spouse, then the lien has attached. If the Midland Funding judgment was recent, he can go back to the court to try to set aside the judgment because he was not served. Or, he can pay the debt and get the lien removed, or, file his own bankruptcy to get rid of the debt. His bankruptcy attorney will also need to file a separate motion in the bankruptcy to remove the judgment lien.

Hello, my husband and I filed chapter 7. about 2 weeks ago we were told that we need to come up with $2094. or turnover our truck, home furninture, custom jewlery, some knick knacks and our clothes. I just got a good job after being layed off for 3 years and my husband and I work in different areas. How can we turn over the truck...he takes the truck to work and I take the car. it takes 2 people to work now a days to get by without relying on welfare, What can I do? I ofcourse do not have $2094.00

Wow! What an unpleasant surprise for you! Didn't your attorney explain any of this to you before your filed? If he/she did not, then you may want to go to another attorney right away to try to get this straightened out! If you filed your case without an attorney ("pro se"), then go see one immediately. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. From your area code, it does not look like you are living in our practice area, so we cannot even begin to guess at what is going on, except that you may not have properly valued and exempted your property.

My husband has mestastsis kidney Cancer and it is not curable. This is the thrid round of Cancer. He has cancer under the tongue in 2006 and was self employed and out of work for about 2 years. We were unable to pay all the bills off my check. Then in 2009 when doing scans they found kidney Cancer. They took the kidney out. Now, in 2012 on Setpember 11th we found out he has uncurable Cancer. We have a house, but the house payment is too high for me and my credit is in bad shpe only because of his first Cancer. I use to have A-1 credit. What can I do to save my home? Also, what about all the other debts from his first Cancer. What do you suggest?

If your house payment is too high for you to pay, then you should try to sell the house ASAP. If you have little or no equity in the house, you can let it go back to the mortgage holder, and get rid of the mortgage, and all of your other debt, including the medical debt through bankruptcy. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law.

We have two car payments and an older truck which is paid for. My question is, If we file bankruptcy, can the court decide we have to sell one off our vehicles we are making payments on?

If you can properly show that you can need all three vehicles, and that you can afford the debt, you should be able to keep the vehicles without any interference from the Court. You will have to be able to exempt the vehicles under bankruptcy law. Your attorney should know how to do this, and should be able to adequately explain any problems to you. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and live within our practice area, we will be happy to consult with you in a free in-office appointment -- just give us a call at 573-442-8123. We will evaluate your situation and discuss your bankruptcy options, including what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), NACA (National Association of Consumer Advocates), and The Missouri Bar Association. Admitted to practice in the U.S. District Court, Western District of Missouri, since 1991.

I am currently looking to file chapter 7 because of four loans that I took out (I was young and stupid) and now cannot pay any of them. I have a job and steady income every week but not enough to pay all those loans. I'm also going to include two credit card debts as well. I am behind on both of them as we'll as three of the loans. I live with my boyfriend who bought a house and everything (literally) in that house belongs to him or under his name. I had listed a tv for one of the loans not thinking, but that tv belongs to my boyfriend . I have little to no assets for them to take if I do file. My question is the following: can they take that tv that I listed as collateral on one of those loans even though my boyfriend paid for it and its technically his? Also about the median family household size: when asked how many is in your household? Would I put one since I technically cannot claim him on my taxes and I am the one filing for bankruptcy? I really would appreciate an answer thanks!

Your question is worded such that it makes us think that you are trying to do your own bankruptcy -- a practice that we discourage because bankruptcy law is complicated. Your two questions, alone, indicate that you are going to have problems if you try to do this without an attorney who knows bankruptcy law. Under bankruptcy law the answer to your question about the TV is "probably yes." Your bankruptcy attorney will have to exempt the household goods that you listed as collateral, and then file a motion to "avoid" the lien placed by the lender. Because the TV is not yours, it is not an asset of your bankruptcy "estate," so your attorney will have to choose how to list in your personal property schedules and make it clear to your trustee that it is not yours, while being ready to convince the loan creditor, if necessary, that you did not commit fraud when you listed it as your property. This can be done, but needs to be done by someone who knows what she/he is doing. Whether your boyfriend is considered a member of the household is not determined by your tax status. Again, this can be a complicated issue depending on how the two of you treat your money and pay your household bills. Different jurisdictions may treat your situation differently, and you should consult with an attorney in your area who understands how the court will view your situation.

My two sisters and myself purchased a condo for my elderly parents who are renting from us. Through very foolish investments one of my sisters is now declaring bankruptcy and her 20% of the condo investment will be in the hands of a trustee in another state (so we are told). I own 50 % and my other sister ownes 30%. We have yet to see any paperwork on this situation and a family disagreement has insued at this point. Looking forward what can we expect when we go to sell and how will the first sister's expenses for the upkeep of the condo be paid? Thanks so much

As a co-debtor, you are entitled to ask your questions of your sister's attorney, or of the Trustee appointed in her case (start with the attorney). You should have received a "Notice of Bankruptcy Case Filing" from the Court within a few days of the date when the case was filed -- it will list the names and contact information for the attorney and trustee. The answer to your questions may depending on the type of bankruptcy that your sister filed. If your sister is "surrendering" the condo in lieu of the debt, then she will no longer be responsible for any mortgage on the property, but you and your other sister will have to shoulder the debt. If that happens, you may want to refinance the condo and get your bankrupt sister's name off of it.

I filled for ch7 bankruptcy when trying too sell my property II found out I had 4 judgements liens. The attorney removed two of them and now that I'm back selling my property two of them are still there.When I looked at the credit report she pulled its there. Now I need to reopen the case and the bk attorney is trying to charge me fees for her miss hap the first time. Is that possible Or legal.

It is possible and legal. Talk to your attorney about why she did not get rid of these liens in your bankruptcy, as she did the others. It may be that she didn't think that the judgment liens had attached to the property because they were old liens and had not been renewed, or you didn't own the property at the time the liens were entered, or some other reasons under state law or bankruptcy case law or custom in the jurisdiction where you filed. It could also be that the title search company is not understanding that the liens are not legally attached to the property. If your attorney has done everything right, and the title insuror is unfairly insisting on "comfort" orders in order to protect itself, then yes, your attorney will pass the cost of obtaining those orders back to you.

I filed bankruptcy many years ago including a debt to an apartment complex. When i went to go lease a new place, they sent the rental verification and it said I still owed them. I showed them the bankruptcy paperwork, but it didn't matter to them. They told my new place that if I paid them the money they would consider the debt settled. The collection agency that normally collects the debt had my debt at settled in the bankruptcy so many months later they returned the payment, but would not speak with me on the phone. Did the apartment complex violate the bankruptcy code by collecting this debt? The complex company was who the bankruptcy had dishcharged. Thanks for your insite

Q: Did the apartment complex violate the bankruptcy code by collecting this debt? A: YES! You should have talked to your attorney before paying it!

I claimed Chapter 7 back in 2010 and my home and car were excluded from the bankruptcy. My monthly car payments have continued to be reported yet my mortgage has no history since Sept 2010. I am trying to refinance my home and am having great difficulty with this. The bank with whom I have always had the mortgage refuses to instate my payments and therefore is keeping me from going with a new bank with a much lower interest rate. Can you assist me and lead me in the correct directions. Unfortunately the mortgage broker I am working with has no clue of the bankruptcy laws.

There is no legal reason why your mortgage lender "cannot" report to the credit bureau -- they are just not doing it because they are jerks! If you have been making timely payments, you should have copies of canceled checks or bank statements showing the payments -- collect these and present them to your mortgage broker as proof of a good payment history. You can also request a payment history from the mortgage lender. If they refuse to give it to you, file a "Qualified Written Request" for an accounting of your mortgage payments. This is a legal form, and your bankruptcy attorney should know how to advise you about preparing and sending it.

i have a question my aunt help me put her car under her name so i could pay less on insurance but she told me that she had to give it back to me with the tittle sign because she is going to filed for bankruptcy the car is under my name now and now they are asking her for a estemate for the car she gave me back can they take my car away

Let us get this straight: your aunt put your car in her name, so that you could take advantage of her cheaper insurance rates, then, when she needed to file a bankruptcy the car was a problem because she could not protect it as an asset, so she signed it back over to you. Correct? Did her attorney tell her to do that? (If so, why?!) Here is how her Trustee will view this: your aunt had a car that she couldn't protect as an asset of her bankruptcy, so she gave the car away to a relative (you). What can you do to protect the car? Make sure that you can prove the you purchased the car and made all of the payments, be able to show through tax receipts that you have paid all of the taxes (sales tax, personal property tax), and that you paid the insurance payments (either through your aunt, or directly to the insurance company. If the Trustee asks you to pay for the car, show the Trustee that it is your car, not your aunt's, and that it was never your aunt's car; then explain the situation with the insurance payments.

i am on social security disabilaty can i get my property taxes that i pay every year waived

We are a bankrptcy law firm. For a competent answer to your question, you should consult the Missouri Depaertment of Revenue, ot the taxing authority in your state.

I am a 68 year old male with terminal cancer. I have about 8,000 in credit card debt. The cards were taken out only in my name . I am married and have a home. My wife is not a co-singer on any of the cards . But she will be sole owner of our home . Is she responsible fo these cards? Would it make a difference if I made my daughter a co- owner of the house through. A Will?. We live on Social Security there is no way she could repay them.after medical that are due. Thanks you for your advice, it is greatly appreciated. Richard Collins

Your wife is not responsible for your debts. There is no reason to put your daughter on your house as a co-owner. Missouri's "Tenancy by the Entireties" rule protects property co-owned with your wife from your creditors. Adding your daughter to the Deed will only complicate things for your wife after yuou are gone.

My mortgage was discharged in Chapter 7 proceedings more than 2 years ago. I have continued to get bills, make payments, get end of year interest statements, write off the interest, etc. Also paying a little on principal each month which is reflected. The bad part is if the mortgage has been discharged what am I paying on ultimately? The interest rate is 3% for a few more years so I don't want to short sell or move and house is upside down by 70k. Just trying to figure out if I have to move eventually OR is there any path to getting title if I continued to pay down for next 20 years? Thanks!

As long as you are making the payments, the creditor has no right to foreclose on the property. What most people do not realize is that when you purchase a home, YOU own it -- even though you borrowed money from the bank to buy it. The bank has NO right to your home unless you stop making the payments, and then they still have no right to come on the property, or do anythng with it, until after they have gone through all of the legal steps for a foreclsure sale. Discharging a mortgage in bankruptcy only means that the mortgage holder has no recourse against you after foreclosure -- if the property sells for less than is owed, they cannot come after you for the difference If the house is worth less than you owe, and you want out, stop making the payments; live there until the foreclosure, but save the payment money to pay for your moving costs.

Does bankruptcy get rid of building code violation

No, but it might get rid of any fines. Talk to a bankrutpcy attorney and a real estate attorney who understands construction law before deciding how to proceed.

I filed for BK in 1999, so more than 10 years ago. Since this BK is no longer on my credit report, it is legally okay for me to say that I never had a BK? I am applying for life insurance and they are asking questions about BK. Thank you. I live in California so I am not sure if that makes a difference to answering this question.

If you lie on a life insurance application, you are wasting your money. If they would not have insured you because of the bankrupty, they can deny any claim because you lied. Your bankruptcy is still a court record, even if it is no longer on your credit report. It will take the insurance company less than two minutes to find out, and if you have lied about that, they are going to wonder what else you may have lied about...

I'm thinking about filing for bankruptcy... But I have 2 questions.. First, can they take my pets if I file for chapter 7? I read this somewhere on a forum, but didn't know if it was true. Second, I have a car (2006 Chevy HHR) that I am making payments on. These payments are actually paid as agreed and in good standing. Will I lose my car? (That is the only property I own as I am a full time college student). My main concern is about the pets though..

No one will take your pets, assuming that your pets are not valuable exotic animals, or show or breeding animals. Whoever posted that on the forum is woefully ignorant of bankruptcy law! Your car should be protected, but that depends on where you live and the amount of your equity in the car (the difference between its fair market value and what you owe for it). Your bankruptcy attorney should be able to calculate this and let you know if there is a problem. Most people do NOT lose cars in bankruptcy, unless they want to give the car back to the creditor. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and live within our practice area, we will be happy to consult with you in a free in-office appointment -- just give us a call at 573-442-8123. We will evaluate your situation and discuss your bankruptcy options, including what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), NACA (National Association of Consumer Advocates), and The Missouri Bar Association. Admitted to practice in the U.S. District Court, Western District of Missouri, since 1991.

In Missouri, when you are served how long do you have to respond to the summons? I haven't been served yet, but my case has a scheduled court date of December 10, 2012. Is that just a holding date that will be changed when I'm served? I can't have court that day due to finals at the university I attend, so should I file for a continuance even though I haven't been served?

If you get served with a summons, make sure that you go to court! If you do not get served you don't have to go -- but make sure that the summons was not left with someone who shares your residence. Sometimes friends or family will accept service and forget to tell the person who is being sued. Check CaseNet to see if the process server is reporting that you were served.

our house was sold in auction and its under my wifes name,we were staying ther since last 5 yrs without paying any mortgage.we were negotiating with the bank and they always denied the loan modification.now the house was sold and the bank has send us a summon for 165,000,and my wife had already filed for bankruptcy in 2010.loan is under my wifes name can i file for bankruptcy and include that amount.could you please reply i will really appreciate.we are in illinois

Check your wife's bankruptcy case -- if she listed the house and the loan, and did not sign a reaffirmation agreement with the mortgage lender, then she is definitely not responsible for the mortgage. And, if you were not on the loan then you are definitely not responsible, either. If you are not sure about any of this, contact your wife's bankruptcy attorney for an explanation. It may turn out that the lender is violating the bankruptcy discharge by demanding payment from your wife. If it turns out that you have some responsibility, then yes, you should be able to discharge it in bankruptcy, if you are eligible for bankruptcy.

I had a foreclosure in 2008 that created an immense debt storm, my income was cut twice since then and now I barely make enough for us to live on. I owed alot of credit cards, etc and have had to move 3 times now. I was 'threatened' by a collection agency that they would obtain my drivers license information and 'hunt me down' and sue me and take my property. I had met with a bk attorney in 2009, but was behind on taxes then. was trying to get them caught up but to keep this short moved two more times and the last place was broken into and they destroyed most all of my papers by ransacking the place and dumping alot of it outside (to take the totes they were in of all things). I am in southwest missouri, don't know what to do.

Meet with a bankruptcy lawyer in your area right away -- he or she should be able to put your mind at ease regarding all of the questions you have asked. You do not need to have all of your old paperwork in order to file -- your memory, a credit report and a good bankruptcy lawyer should be able to put all of the pieces together for a successful bankruptcy. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law.

I originally filed a chapter 7 in 2009/2010. At that time I did not include a Direct Loan I took out for my oldest when she went to UCSB almost 8 years ago. I thought I would be able to handle what I still owe, but every year I still have to take forbearance on it. I receive SSDI, Medical/Medicare, and food stamps and I will never afford to pay the remaining $3000 or there about. I know there is a supplement chapter specifically for those government student loans, but I didn't include it when I filed and had debts discharged before. My questions are; what is that filing chapter # and is there a website that I can print that and a fee waiver form out from? I am permanently disabled and need to mail the forms to the federal office where I live. Thank you!

Student loans are virtually impossible to discharge in bankruptcy. There is no "supplement chapter" of bankruptcy for student loans, but we think you might mean that, within your bankruptcy, you would have had to file an "adversary" case asking the court to find that your student loans should be discharged. The way that the courts rule on these adversary cases differs in the different bankruptcy circuits. We suggest that you talk to your original bankruptcy lawyer (or someone else, if you don't think that he or she knows enough about student loan cases) about how your circuit rules on these cases. Your attorney may be able to reopen your old case and file the adversary action. As an alternative, why not ask your daughter to pay, or at least help with the loan? Does she really want you to have decide between paying for food and medication, or paying for her student loan?

I failed bankruptcy in 2010 and the trailer I'm stay in fall apart and I want a new double wide and I was wondering can I still get one even though I ain't been to long failed

If you want to buy a new trailer, you may do that if you can find a lender who will finance the purchase.

I filed a chapter 7 and will be keeping my sons vehicle; which he makes payments to. When I fill out the affirmation agreement does he have to sign anything. I'm the co-signer and the chapter 7 is under myself and my wife's.

You don't need to sign the reaffirmation agreement because your son is a non-filing co-debtor on the vehicle loan. Just explain to your attorney that you are not going to sign. He cannot sign, because he is not a party to the bankruptcy.

I'm a practicing physian in the state of Florida, my practice is underwater, and I cannot pay a credit line I ask for 1 year ago, to try to save the practice, Bank of America closed the book of business on credit lines and are requesting full payment (100,000.00) Bank of America also holds the morgage on the property, They are stating once they mature the book of business because they are no longer offering it, then all other business you have with them even in good stating goes into default. I thank for your time. And appreciate a recommendation.

If your question is about whether you have any recourse against Bank of America, you should consult with an attorney close to you. Consumer protection laws vary, and you will want an answer from an attorney competent in this area of Florida law. If your questions is whether you are eligible for bankruptcy protection, we, again, urge you to consult with an attorney in your area. We are a bankruptcy law firm located in Missouri, and, while bankruptcy is a matter of federal law, some aspects of bankruptcy are governed by state law. For example, in most cases, state law determines how assets are protected. In addition, interpretation of bankruptcy law varies by jurisdiction. There are several different ways that you can file bankruptcy and, to determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law.

I am filing chapter 7 bankruptcy i have paid my 100$retainer fee i have a loan co.coming to my house and telling me that because i renewed my loan a month before i went bankrupt that I'm commiting bankruptcy fraud. is this true my laywet never said anything to me about this they say they are gna take my collataral help me please do you know the answer ?????

Have you talked to your lawyer about this? If you have a lawyer on retainer, he or she should be willing to answer your questions. The loan company is WRONG. Tell them to get off of your doorstep, or you will have them arrested for trespassing. They cannot take your collateral without a court order. Let your attorney know what is going on!

Can you put a lien on a home if the person that took out the loan is not listed on the property(not the legal owner) in which the lien is on?

Can you put a lien against property owned by someone other than the person who took out a loan? Yes, if the property is owned by someone who co-signed, or otherwise guaranteed, the loan. We are basing our answer on what we believe your question is asking, and on the law in Missouri, where we are located. If you re not in Missouri, you will want to talk to an attorney who practices in your locale.

Hello, I was wondering if I was to claim section 7 Because I have a condition called multiple sclurosis M.S. and have had a really rough time holding down a job. My medical bills are out standing and I now have creditors calling. I own my car. If I do claim section 7 would it hinder me from getting disabilty or SSDI for my illness?

Filing a chapter 7 bankruptcy case will not hinder your SSDI claim, but you will want to talk to a bankruptcy attorney to make sure that you do not lose any back pay to which you might be entitled, and to make sure that your car will be protected in the bankruptcy. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and live within our practice area, we will be happy to consult with you in a free in-office appointment -- just give us a call at 573-442-8123. We will evaluate your situation and discuss your bankruptcy options, including what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), NACA (National Association of Consumer Advocates), and The Missouri Bar Association. Admitted to practice in the U.S. District Court, Western District of Missouri, since 1991.

I am the co borrower on a VA Home Loan with my daughter in Colorado. She has made all the payments on the home since it was purchased in 2010. I have about 40,000 in unsecured credit card debt that has caught up with me and am unable to pay and want to file Chapter 7. She is scared to death about her credit score going down. She has never been late but is in tears about me filing. Will me filing really affect her credit score? Desperate for a solution.

The only credit score that is affected by a bankruptcy filing is that of the person who does the filing. Look at it this way: you helped your daughter out by co-signing her house loan. Now you have a debt problem. Unless she wants to help you pay the credit card debt, she should not complain if your discharge it in bankruptcy.

I own a mobile home that I want to keep the title to, and I want to give my daughter full living rights to stay there as long as she want to without paying any rent or other monies to me

As far as the law is concerned, you simply do not have to charge your daughter rent, if you do not want to. If you are trying to transfer ownership in order to avoid having the asset when you file a bankruptcy case, you should make an appointment to see a bankruptcy lawyer before doing anything. There are very specific bankruptcy laws regarding property transfers, so your lawyer will need a lot more facts that we are able to deal with here.

I am close to being discharged from a CH 13 that was filed almost 5 years ago. I am enrolling in college for Spring 2013 and have been approved for a Subsudized government loan and a Pell Grant. I am unsure if accepting the subsidized loan is permitted while under bankruptcy? I remember being told that I can not acquire any new debts or loans while under bankruptcy. Do I need permission from courts? Also, do I need to report the grant to the courts as extra income even though it would be used for education expenses.

This is a question that you should ask your bankruptcy attorney, because the answer may depend on the local rules of the jurisdiction where your case was filed. In the Western District of Missouri, where we practice, the answer would be yes -- in order to take out a student loan you MUST get permission from the court. As for the grant money, you should probably let your attorney know. Money from loans is not considered income, but, because grants do not have to be repaid, they can be considered a source of income. The answer may depend on whether you can spend the grant money however you please, or whether it is applied directly toward tuition, fees and bookstore charges.

I lent cash money to my sister back in July 2004 amount of $13,500.00, she sign a promissory note saying she will pay me in payments of $305.00 per month with interest making the total amount of $15,000.00 she will owe to me, my sister has given me 5 monthly payments in 2004 & 12 monthly payments in 2005 & 2 monthly payments in 2006, after that my sister stop giving me the payments, I constantly asked for my money than in the middle of 2007 my sister filed for BK Chapter 7 and added the remaining cash money she owes me into BK . I still ask her for my money till this day 01/05/2013 but she insist I can't do nothing about it anymore. So my question is Can I still sue my sister for my money even tho its in BK?

If you continue to ask your sister for the money, you are violating the law. The debt was discharged in bankruptcy.

I am looking into filing for chapter 7 bankruptcy. I have overwhelming debt from bad decisions as a young adult including credit card debt and car debt. I only own a few things and would like to save them from being taken in my Bankruptcy. I have 2 horses and a trailer and a truck that I am part owner on, that I only use for a small buisness that I own. Is it possible to save them when I file?

Whether and to what extent you can protect your horses, trailer and truck is a matter of law in the state and filing district where your case would be filed. We are a bankruptcy law firm located in Missouri, and, while bankruptcy is a matter of federal law, some aspects of bankruptcy are governed by state law, which in most cases, determines how assets are protected. In addition, interpretation of bankruptcy law varies by jurisdiction. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and live within our practice area, we will be happy to consult with you in a free in-office appointment -- just give us a call at 573-442-8123. We will evaluate your situation and discuss your bankruptcy options, including what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), NACA (National Association of Consumer Advocates), and The Missouri Bar Association. Admitted to practice in the U.S. District Court, Western District of Missouri, since 1991.

3/26/2012 the day my 1st was to auction our home of 25 years,my husband killed himself. They gave me a couple of months, so I filed chapter 7 and let the house go. The 1st auctioned and it sold. I am renting month to month. on 12/20/12 I was in the hospital,because I wanted to kill myself a man left a letter in the door. The letter is from the 2nd(who as far as i know was bank of America)but letter is a collection Green River for Homeward Res.who says they bought my loan right before I filed. I filed May 11 and got my May bill from bank of America. This 2nd was discharged. The letter says they want to give me 5,000.00 for a Deed in Lieu of foreclosure Then a guy calls me New Years day about it, I told him the house don't belong to me, someone bought it at auction and i am renting. He says he'll call back. Tells me I should do this and move, before they foreclose. I take this letter to my bankruptcy lawyer, he looks in my file and there is a letter from Homeward res.stating the know you client has filed bankruptcy Lawyer says I don't have to do anything it was discharged. Is this right?

You are paying your attorney for legal advice based on the facts of your case. We will not second-guess your attorney.

I am considering filing for Chapter 7. I own VERY LITTLE, except my car that I just bought. It's market value is about $5000 and I own it outright. $5,000-(25% trustee commission)of $1,250-$3,000 equity exemption = $750 that they would have leftover to disperse to creditors. My question is, are they likely to even consider trying to sell it or will they abandon the asset? I have a few credit card debts, a repossession and MASSIVE hospital bills from a wreck last year totaling around $250,000 combined. Thank You.

Your attorney should be able to answer this question for you. The answer largely depends on the custom in the district in which your case will be filed.

My sister had to file a Chaper 13 Bankruptcy because of health reason and I asked her to contact the trustee and find out the payoff. The trustee told her she could not payoff the bankrutcy because they would lose all the interest is this legal?

Your sister should contact her attorney to find out what the Trustee meant; she may not have heard or understand all of what was said. Paying off a Chapter 13 Plan is not as easy as multiplying the monthly payment by the number of months remaining in the Plan. The payoff depends on many factors, including the district your sister filed in, whether her case is set to pay any or all of her unsecured debt, and whether she has any auto loans being paid through the Plan. Because calculating the payoff is so complicated, in some districts (including where we practice), there must be a motion filed requesting the payoff, and a court order issued directing the Trustee to calculate it.

When you file for bankruptcy – can you file just for credit card debt and line of credit loans? Will it affect your current mortgage? We are about 25,000.00 in debt and only paying minimal payments now and money is getting tighter, we are currently behind on one credit card. What would be the aproxment cost and how long would it take to complete? How do we know if we can apply for bankruptcy?

You must list ALL debt in your bankruptcy, but you may reaffirm (keep) debt that is secured -- such as a home mortgage and car loans. You will not be allowed to keep credit cards and other unsecured debt. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and live within our practice area, we will be happy to consult with you in a free in-office appointment -- just give us a call at 573-442-8123. We will evaluate your situation and discuss your bankruptcy options, including what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), NACA (National Association of Consumer Advocates), and The Missouri Bar Association. Admitted to practice in the U.S. District Court, Western District of Missouri, since 1991.

If I surrendered my mortgage over through Chapter 13 but the attorney never filed the surrendering through the court system can I still take possession of my property back?

Are you saying that you filed a Chapter 13 bankruptcy, and put in your Plan that you intended to surrender your real estate that secured a mortgage? If that is correct, then it is up to the lender to foreclose on the real estate. If you have changed your mind, and want to keep the real estate, and it has not been foreclosed on, yet, you should talk to your attorney about what you need to do to change your Plan and resume the payments.

I surrendered my home in chapter 13 now want to save it is this possible?

This is a question for you to ask your bankruptcy attorney. We do not know the facts of your case, including when you filed, where you filed, whether your Plan has been completed, and whether the lender has already foreclosed on your home. All of that information makes a difference, and we will not presume to second-guess the advice of your attorney.

I filed for bankruptcy in mar 2005, I had a first and second mortgage with the same bank. I reinstated the loan and listed all debts and thought they had written off the second mortgage because it was never included. In the meantime the bank who held the notes to the house, sold the loans to another bank. Then lost my job got behind on the payments had a horrible car accident. Was paying the medical bills off, had only 1800 dollars left to go, one threated to sue. House had been held up in court for two years. Then I finally filed chapter 13, can they come back on me for a second morgage almost nine years back that I thought had been resolved? Kathy

Have you talked to your attorney about this? He or she, knowing the facts of your case,can do a much better job of explaining what has been happening. A very common misbelief about bankruptcy is that some debts are "included" and some are "not included." The reality is that ALL debt is included -- even debt for cars and houses that you want to keep. The difference with house and car debt is that if you want to keep the house or the car, you have to continue to make the payments -- even second mortgage payments -- or the creditor can repossess or foreclose.

if i bought a car from a person who has been declared bankcrupt after 3 days of selling the car , so my question is if i havent applied the transfer of ownerships and it still remain on his name so who owns the car now but he has signed the open letter which u gave with seeling of car ?

Normally, if the seller sold the car to you and signed over the title, then you own the car; BUT, because the seller filed his bankruptcy case right after transferring ownership, the bankruptcy trustee appointed to his case can review the sale, and set it aside, under certain circumstances. BEFORE you go to the trouble of paying the sales tax and licensing the car, you might give the trustee a call to find out what she or he intends to do.

About 6 years ago I purchased a home with my girlfriend and we are both on the tile of the home. She had an unsecured debt to Fortis Capital that ended up going to collections and then was assigned to a law office that filed a case against her and got a judgement. Now this debt is lien against out property and I'm not able to refinance our home because of it. The total amount of the debt was originally about $2600 but now after all the outrageous fees and per diem amount the total amount of the debt is over $9,000. We tried to negotiate a settlement with the law office/debt collector but they said the lowest they would go was $5800 which is way more than we can afford. Our home does not have any equity in it and she does not have any assets. My questions are as follows: Is it possible for my girlfriend to file bankruptcy for this debt only, and would filing bankruptcy remove the lien from our title and allow us to refinance? I would also like to know if her filing bankruptcy would affect my credit in any way. We are not married, and the home is the only thing we have that is in both of our names.

A very common misbelief about bankruptcy is that some debts can be "included" and some can be left out. The reality is that ALL debt is included -- even debt for cars and houses that you want to keep. The difference with house and car debt is that if you want to keep the house or the car, you have to continue to make the payments -- even second mortgage payments -- or the creditor can repossess or foreclose. In order to get rid of the debt and the judgment lien without paying off the creditor, your girlfriend can file a bankruptcy case and, while the case is open, file a motion to "avoid" the judgment lien. When she meets with a bankruptcy attorney, she should make sure that he attorney knows how to do this, and find out if there will be an additional legal fee.

Hi, I live in Ohio and am on SSDI. I am separated and looking for work. Can my wife and I file for chapter 13 if we had a chapter 7 5 years ago?

You are legally allowed to file the Chapter 13 case. Whether you can or should do so is a matter for an attorney in your area to advise you on.

Am currently in the first year of bankrupcy chapter 13. My husband was fired how can get out of chapter 13 without loosing my home? also can it be done just with my salary alone ?

The answer to your question depends on many factors, and, since we do not now the facts of your case, we cannot tell you want you want to know. You can "get out of" your Chapter 13 case at any time, but only your attorney can advise you the consequences of doing so.

Hello. I am currently in the process of filing Chapter 7. All fees have been paid to my BR Attorney and we only have to meet one more time to sign all the final paperwork and he will file it officially. My question is this: I am having some terrible dental issues causing me pain as well as physical problems with talking and eating now, not to mention the unattractiveness of one of the teeth being a front tooth. I had a root canal done last April and because I began the BR process, was not able to pay the dental bill, nor finish the process by getting the tooth capped. As a result, the tooth is now breaking off little by little and leaving sharp pieces which are sticking into my lip and affecting my speech. At the same time, I have at least 5-6 deep cavities, at least 3 of which are making it difficult to eat and are beginning to cause me pain, which gets worse daily. I have a Dental Discount Plan BUT it does me no good at this point in time because I am NOT ALLOWED to accumulate ANY MORE BILLS, according to my BR Attorney. So if I were to go to a dentist to get this work done, I would end up with a Bill, a rather large one I'm sure, and not only would my Attorney be upset that I "established yet another bill" but he would probably have to ADD that dentist to the BR, in which case I could get in trouble for allowing the debt to incur with the knowledge that I was filing BR. I have been all over the internet trying to find any kind of organizations that could help me in SOME WAY and have made a ton of phone calls - all to no avail. I was wondering if it would be legal for me to find a dentist that would be willing to do all the work and also willing to NOT generate his/her bill until AFTER MY BR is discharged? Then I could try to arrange some kind of payment plan with them. Would this be ILLEGAL? HONESTLY, the chances that I will find a Dentist willing to do such a thing are probably slim to none. OR, I was wondering if YOU can tell me what my options are? This dental work cannot wait for about 3 months for my BR to be discharged! I have one molar that is beginning to hurt just like this front one did just before it blew up into a full infection so bad that I ended up in the ER and my Dentist said it came close to killing me. The infection had spread past my sinuses and even closed my eye. I just don't have the cash to pay a dentist right now and though I'd be willing to try to work out some kind of payment plan, I AM NOT ALLOWED TO INCUR ANY MORE DEBT! Can you help me? I'm desperate!

You can incur debt for necessities, and this sounds like a necessity!

I lost my home in 2008, and have been renting since then. I moved to a condo community in July, after several terrible crimes were at the neighborhood, including the killing of my sweet dog. I told landlord initially that I have a lot of planters and outside furniture, to which he said it was fine. Recently, he put a letter on my door, addressed to the wrong name, and told me he plans to evict me if I don't remove all items from the outside area. He now wants me to pay $75 extra to rent a garage to put everything in. I asked if I could bring out the planters in March, since the plants will start growing once again, and he told me I could. I've examined my lease closely, and there is no statement at all regarding what can and can't be on the outside patio areas. I feel like he's harrassing me. In December, he had a letter that he was handing out one evening about a new cable/internet deal in the area. I had fallen asleep on the sofa while watching the 6 o'clock news. When I woke up, I saw the letter which was taped to the inside of the front door. This startled me, since I knew he had entered the condo while I was napping. The manager he hired was convicted of rape recently, which did not settle well with me either. Do I have any options about privacy and rights to live under the lease I signed without him making his own changes now? I used to sell Real Estate, and this doesn't sit well with me at all.

We are a bankruptcy, only law firm. Your question appears to be one of landlord/tenant law. For a competent answer, you should consult with an attorney who practices that type of law.

I FILED MARRIED FILLING JOINTLY WITH MY HUSBAND FOR OUR TAXES I CALLED AND THEY SAID IT WASNT APPROVED COULD IT BE CAUSE OF OUR BANKUPSY 1 1/2 YRS AGO THE LAWYER IN MY CASE SAID THE JUDGE SAID WE WAS CLEAR OF EVERYTHING

We have no idea why the IRS would say this. In our 17 years of bankruptcy practice, we have never heard of this. Perhaps your attorney could talk to the same person that you spoke to, and straighten it out.

I have a judgement against me. The Judgement date was 12-14-93. The original Judgement was for $18,200.00. It now is well over that with interest. Can I file bankruptcy and get my driving license back. I am in Jefferson City,Mo now. The judgement was in Maries County, Vienna,Mo.

Based on the facts that you have given us, it seems very likely that you will be able to discharge the judgment in bankruptcy, and get your license back -- as long as the judgment was not DWI related.

How long can a mortgage Co. keep putting on a payment statement that I've took bankruptcy? (10) years ago. my interest rate is over 8%. If I could refinance my payments would be lower, But the mortgage co (Citimortgage) said they don't know if I could afford the payment. Don't make sense My payment would be lower. Then when I went to a bank they see the bankruptcy on my mortgage statement. Can't get Loan from them. I have never been late on a payment my credit score is good & citi mortgage says I need more 2 more credits but can't do that because I am social security and make under $800 a month. I take in sewing and do a little extra on the side when I'm able. It don't count. I took bankruptcy after I got my house. I was married and he had loans and credit cards in my name that I did not know about until after my divorce & drained my savings. Any advice????

Bankruptcy is on your credit report for 10 years. A creditor that you listd in your bankruptcy cannot ask you for payment, but they don't have to give you new credit, either. Citimortgage can keep internal records for as long as they want to.

filed for bankruptcy chapter 7 3 years ago and my house I decided to keep it and I've been paying on it all the time and on time.I don't have good credit to buy something else or a great job to afford something else ... Now I hear they might buy my house to built a college for the city they already bought my friends house next door I owe 137k it worth 110k .I just wounder if they can leave me out on the street or I'm I protected by my chapter 7.I'm really nerves I hope they can't do that I would reallly like to know thanks

Your questions seems to be one of eminent domain. You should check with a real estate lawyer in your area. As for the bankruptcy, if you did not reaffirm the mortgage. you cannot be held responsible for any unpaid balance if you do not get enough to pay off the mortgage.

have a bill from 1997 trash bill the county sends me a letter in 2013 say pay bill have been in that house since 1997 dont own it anylonger do i still owe the bill

We don't know. The answer may depend on where you live -- what local law says about unpaid utilities (including trash bills), and what the bill was for: trash pickup, property clean up, etc. We suggest that you consult with an attorney in your area.

If I file bankruptcy, what will happen to my retirement accounts? Will I be able to keep my retirement accounts?

While bankruptcy is governed by federal law, protection of assets is often a matter of state law. Retirement accounts are usually safe from being taken to pay creditors, but you need to consult with an experienced bankruptcy attorney in the are where you live.

If i owe $3000 to a phone company but more than half the money was fraudently charged in my name what should i do? The phone company doesnt have proof for me to use in court so they cant prove who charged my account. Should i try settling for less than $1000 since that is what i really owe. How can they prove me or anyone else made debt if they heve no proof?

File a fraud report, but be aware: if you know who made the fraudulent charges, you must include that in the fraud report. If it turns out that you knew who was making the charges, and you did not stop that person,then you will probably have to pay the bill. Asking them to settle for $1000 is an excellent way to handle the situation, but be sure to get their acceptance IN WRITING, and get an receipt for your payment, and, keep the settlement and receipt in a safe place, in case the debt gets sold to a debt-buyer.

I have been out of work for 8 months. I finally landed a job, but at a 25% pay cut and a significant driving distance. I am way behind on my credit card and an old loan. Am I eligible to file bankruptcy? If so, what do I need to do? Is it a good idea?

You are eligible to file for bankruptcy protection. The question is what type of bankruptcy would be best for you. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law.

I am 57. My husband died suddenly on June 29, 2012. I am on disability and only receive 1248.00 a month to live on. I am so stressed out about bills, can I declare bankruptcy? I have a personal loan, no collateral, with a credit union and a car loan with titlema, I rent and my landlord lets me pay anytime during the month, bless him.I also have a small 800. loan blance and medical bills alittle over a 1,000.00. I still owe on the funeral, about 2500.00 but I want to pay this off eventually. Please advise.

Yes, it appears that you can declare bankruptcy; however, if your disability payments are from social security, you may not need to, because you are essentially "judgment proof." This means that, although they can sue you, creditors cannot garnishee your social security disability. Unless you have other property that creditors can take, they cannot collect from you at all. Examples of property that may be available to creditors: money in a bank account, certificate of deposit, or in cash that came from a source other than social security, certain payments from retirement or pension funds, money that other people may owe to you, etc. Ordinary creditors cannot attach your tax refunds, but they can get the money once it is in your bank account. Only the government can take your tax refunds (this includes student loan guarantors). Don't just take our word for it, though -- be sure to consult with a bankruptcy attorney so that your entire situation can be reviewed. An an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law.

im ask question about bankrupy wont take retriedment of money ??

We do not understand your question.

I am divorced as of 1/2013 - during the divorce proceedings my spouse filed for bankruptcy. The divorce states that I am only responsible for the debt soley in my name (2 closed credit card accounts) & all the student loans in my name or with him as a co-signer. I have now recieved 3 letters from law offices regarding debt that he discharged in his bankruptcy at a total of $20K. I believe that I was only an authorized user on these credit card accounts - I sent a request for validation of the debt and only recived an account summary where I am listed as the "Party 2" and the amount of debt. Am I responsible for these debts that he discharged if I was only an authorized user?

We do not know if you are responsible -- the answer is probably found in the fine print of the credit card agreement, and in the state law of the state in which the credit card issuer is incorporated. You should consult with a local attorney who handles debtor-creditor law.

My parents cosigned for a mobile home for my sister and her husband now they are divorcing and talking about walking away and letting it be foreclosed on. How does this affect my parents? Can they take from my dad's social security, IRA, or veterens benefits? And what about my parents home and automobiles?

If the mobile home is repossessed and sold for less than is owed against it, your parents, as well as your sister and her husband, will remain liable for payment of the difference and the costs of sale -- if your state allows creditors to collect for deficiencies. Your parents' Social Security cannot be attached by creditors (except the government), but the IRA can be taken. In addition, your parents do not pay the debt, and the creditor gets a judgment against them, the judgment may act as a lien against their home and automobiles. Maybe your parents should consider paying for the mobile and selling it, themselves, or using it as rental property.

I am a 54 year old widow. I was left in financial straights when my husband past. I did finally have to file bankrupty last year after a few futile years of thinking I could staighten it out myself. My question is if I marry again would my new husband be held responsible or suffer any problems due to my bankruptcy since it was filed before we got together. Thank You, J.Embree

No, there is nothing that would or could legally cause any problems for you new husband's credit. Any problems that you, personally, might have obtaining credit in your own name, or joint credit with him, would be based on your credit score at the time you apply for the credit. Your bankruptcy will hurt your credit score if you have not taken steps to reestablish good credit or maintain a good payment history.

I owe bankruptcy for a car but it has been reposse,but before I had a wreck and has received a settlement from the wreck,can a law firm intervene and take your money without a court order

If the auto lender was a loss payee on the auto insurance policy, and they have repossessed the car, they may be entitled to all of the insurance proceeds except any payment to you for personal injuries, auto rental, loss of work, etc. If the law firm represents the insurance company, they are probably trying to get you to sign over the insurance check. Talk to a local attorney before you do that.

I have been divorced a few years now and remarried. While I was married to my first husband we took out a second mortgage on the house but it was paid off before the divorce. about 4 years after the divorce my ex filed bankruptcy. a class action lawsuit was filed against the company we had a second mortgage with and it was in both our names. It was settled and the check was sent to my ex husbands trustee on his bankruptcy. The trustee is to issue the money. Doesnt half belong to me since I wasnt in the bankruptcy? It was my ex and his debt ONLY. The check was written with my name, my ex, and trustee. We were already divorced when he filed bankruptcy

We don't have all of the facts, so we cannot answer your question. Have you talked to the Trustee about whether you are going to get your half of the money? You are going to have to endorse the check, so DO NOT endorse it until you have the Trustee's guarantee, in writing, or a court order, stating that half of the money will be paid to you.

If a apartment management company was granted a judgement against me for damages and back rent in 2003 and I only paid part it off, can they go back to court and get another judgement for that same debt? Also the debt has been removed from my credit report because it is 10 years old, can the creditor have it put back on my credit report?

The apartment management company cannot go back and sue you again for a debt for which they already have a judgment against you. But, they can renew that judgment, and continue to collect. If you believe that the management company, or any creditor, should not be reporting to the credit bureau, you can dispute the report with the credit bureau.

So my father in law passes away 2 months ago and was paying in a chapter 13 that his house was included in. His wife is in a nursing home and has been for 4 years. The home was in both their names but my husband and I were living in it until we decided to remodel so its in that condition now. What is the best way to go about the home? Medicaid says it has to be sold and bankruptcy says we can't. My husband and I would like to save it as we've lived there for 5 years now. Any info would be helpful. We had heard there are about 5 different options but we are afraid to finish the remodel, move back in and then have the state take it. Amy

If your father in law is dead, then his bankruptcy attorney should notify the court so that the case can be closed. Unless your name is on the house, you will need to contact a probate attorney to find out what should be done as far as dealing with the house as part of your late father-in-law's estate.

At what point is planned bankruptcy official and therefore part of public record? The reason I am asking is that it might be possible to do a home equity loan if the equity in our home prevents bankruptcy and the concern is if bankruptcy is started but not completed then will that affect the ability to get the loan and be reflected on credit reports. Also if we have too much equity in our home for chapter 7 but not enough income to pay out a chapter 13 do we have any other options. We have asked an attorney but the answer was a vague"trustee might let you make payments. Tha nk you for your consideration.

A bankruptcy case is "official" when it is field with the Court. Until then it is only a potential bankruptcy.

My wife and I are two years into our Chapter 13 Bankruptcy, we included all of our debt along with our home. At this time we have a 9.85 interest rate but want to try and refinance to get it lowered. Can we do a refinance while still in the bankruptcy.

Generally, you may refinance while in bankruptcy, but, the exact answer for you depends on bankruptcy practice and custom in your area. Talk to your attorney about the requirements of your filing district and Chapter 13 Trustee.

Hello, my name is Brad. I received a court summons the other day to appear in court late March. I am being sued by Discover Card for a credit card I just could not afford anymore. The only income I receive is Social Security benefits, and that is the only money that is direct deposited into my financial accounts. I believe I roughly owe around $1,300, but I have a couple more credit cards that I'm in fear of having to let go because I just can't keep up with the payments anymore. I have been thinking of filing for bankruptcy to get a fresh start, but I am unsure of what it could cost. I have roughly $4,000-$5,000 in credit card debt and around $500 in outstanding medical bills. Would you might be able to give me a rough estimate on what a bankruptcy lawyer might charge to file a bankruptcy. I do own a home, but just purchased it back in 2011, so I have no equity in the home. I receive around $1,000 in social security income each month, but do plan on going back to work if I can clear the potential of garnished wages behind me. Thank you for your time. Sincerely, Brad Crook

First, based on your statements that you have no equity in your home, and only Social Security income, you are essentially "judgment proof." This means that, although a creditor may get a judgment against you in court, they have no way to collect from you. However, in many states, a court judgment acts a lien against your real estate, so we recommend getting rid of the debt through bankruptcy, before it goes to judgment. There are several different ways that you can file bankruptcy and attorney fees vary, depending on the type of case that you need to file. To determine which type of bankruptcy is best for you, an attorney will need to analyze your complete debt and asset situation. We encourage you to see an attorney whose only area of practice is bankruptcy. Bankruptcy law has become complicated in the past few years, and you will need an attorney who understands and keeps up on changes in the law. Our office has a free consultation policy. If you are thinking about bankruptcy, and live within our practice area, we will be happy to consult with you in a free in-office appointment -- just give us a call at 573-442-8123. We will evaluate your situation and discuss your bankruptcy options, including what you need to do to file, as well as the complete cost of your case. You can set your own appointment at our website, www.MMBKC.com. We cannot give legal advice over the telephone. Member of: NACBA (National Association of Consumer Bankruptcy Attorneys), NACA (National Association of Consumer Advocates), and The Missouri Bar Association. Admitted to practice in the U.S. District Court, Western District of Missouri, since 1991.

I am facing filing bankruptcy but when I got my tax refund this year I paid off $750 on a cash reserve on my checking account. Will this have a negative impact on filing?

Have you asked your attorney about this? Generally, you should not pay more than $599 to an unsecured creditor in the 90 days before filing (more if the money is paid to a friend or relative). That being said, the payment to your bank is not a problem for your bankruptcy -- if the trustee wants the money back, he or she will get it from the bank, not from you.

I'm divorce with a MSA. I left him because of the abuse. I know a chapter 13 supercede all MSA that does not include support. I do not want my ex to know my whereabouts for safety reasons but I think I have to have him served with the bankruptcy papers because of the MSA...division of Assets. Is there a way to keep him from knowing my location. Do I have to have the papers sent to him? Please advise. I am afraid of him finding out my location.

Talk to your attorney about this. Different courts treat this differently.

Hello. Okay in 2008 my grandmother cosigned on a used car loan for me. I made my payments monthly like I was supposed to for a solid three years. Unfortunately, after I honorably discharged from the army I had a really hard time finding a job for over a year and I was unable to make payments on my car loan during that time. The bank said that they "wrote it off"(even though I still possessed the car) back in December of 2011 due to my lack of payment. My grandmother (the one that cosigned on the car loan) passed away in February 2012. Her house/estate was to be sold to pay off all of her outstanding debt and the remaining funds were to be put into a trust for my aunt. Her house sold a little over a month after her passing. My question is.....Would her estate have paid off the car loan that was written off since her name was on the loan as well? I haven't gotten any mail from the bank that serviced the loan however I do not have the same address that they would have on file. Thank you

When a creditor "writes off" a debt, the debtor is still responsible for paying it, but the creditor is just tired of trying to collect. If your grandmother's estate notified all creditors, including the car lender, that there was money to pay debts, then the lender may have gotten paid. You will need to check with the executor of the estate, or the probate court of the county where your grandmother resided at the time of her death.

i loaned a friend some money but he refuses to pay it back . im on bankruptsy , can i take him to courts ?

Being in bankruptcy does not prohibit your access to the courts; however, the debt that your friend owes to you is an asset of your estate -- be sure that you have listed it in your schedules, and that the bankruptcy trustee has "abandoned" it as an asset.

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