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.

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).

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.

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.

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 neck has been feeling like it is catching and has been popping when I lean forward and occasionly on turning to the side. Do you think this is something that need checked or it is just a fact of getting older (I'm 42 & good health) Thank you for your time.

Hello Barbi- It sounds like your neck pain has a mechanical component to it. Getting old is a fact of life, but arthritis and pain are not a necessary part of aging. If you would like, we can take a look at it and see if it's something that can be fixed. At the age of 42, neck pain shouldn't be a chronic problem unless you've had prior trauma. Let me know if we can do anything for you. Tyler Wicks, DC

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.

My husband has had lower back pain for several years it has gotten worse the last year. He can't stand or walk far before he has to sit or feels like his legs are going out from under him. Is this something you all might be able to help with or should he see a different kind of doctor?

Hello! That is a great question. This is certainly something that chiropractic can help with. The great thing about chiropractic is that it addresses the problem without adding another drug. The first thing that needs to be done, is we need to establish a diagnosis so that we can focus on addressing the cause of the low back pain. Other doctors that might be good choices would be orthopaedists or physiatrists, both would also be great at making an accurate diagnosis and figuring out which treatment will best fit your husbands needs. If we can assist you in anyway please don't hesitate to call our office.

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.

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 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'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.

do we have school today

YES

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).

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