Missouri Bankruptcy Legal Questions

Assets are not "touched" in a Chapter 13 case, but you will need to repay at least the amount of non-exempt value of your assets to your creditors.  Exemptions are protections you have under state law law for values in assets.  Which state's exemption law applies in your case depends on where you lived in the 2 1/2 years prior to filing your case.   A consultation with an experienced bankruptcy attorney in your area will enable you to determine what amounts you would have to pay in a Chapter 13 case.... Read More

Her retirment should be exempt, or considered income if she is receiving it in monthly installments. If she took the funds in a lump sum, more details would be needed to make a final determination. As for the landlord action, you would simply need to move prior to the filing and list the landlord as a creditor in your bankruptcy case.... Read More

There is a certain amount of your income that becomes part of the bankruptcy estate based on the day your attorney filed the case. It's an equation that attorneys and trustees use to determine the amount of income and taxes that were earned/owed based on the filing date. You did nothing wrong, it is just a mathematical equation.... Read More

No, your husband's ex-spouse cannot fight him discharging the mortgage from his bankruptcy. She should have refinanced by now, which is the usual course of action in a divorce when the house is given to a single person. Also just because he discharges the debt in bankruptcy, the not mean she will lose the house. If she continues to make the normal monthly payments, she will be able to keep the house. Bankruptcy only discharge is the obligation to pay a debt, if you continue to make payments on that debt they will not repossess the collateral that secures the debt, in this situation a home. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://massachusettslawyeronline.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read More

It is unclear from your question why you filed to bankruptcy cases or what type of chapter bankruptcy we are discussing. As in any legal matter if you are's supposed to show up to court, then you should show up to court. Not collecting certified mail. Not being available to obtain service of process by avoiding a constable or Sheriff. Or simply not showing up to court. None of these are ever a good choice when dealing with a legal matter. You should also always obtain an attorney with experience in the type of case you are involved in. Many of my clients that come to may have attempted the legal process on their own and have suffered greatly for it. You do not legally need an attorney for court, but you should always have one. It's the same thing as needing a doctor, you could try to get all the information you want by using a Google search, but when you don't realize that you have the wrong information, complaining about it later will not keep you from dying. Always obtain an attorney before a legal matter starts or if you get summonsed court. Even if only to get a legal opinion of how you should proceed you always need an attorney's opinion, or you will suffer the consequences and the courts do not care that you did not have an attorney or could not afford an attorney. Finally, the only time that you will get a court appointed attorney is in a criminal case that you possibly could serve jail time for. There are no court appointed attorneys for civil matters.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More

Was the creditor listed on your credit history report? If the creditor was listed on your credit history report then it would be the responsibility of your attorney to fix this situation, but since your attorney is no longer practicing war that is simply not even a choice. The good news is is this can easily be remedied by any competent bankruptcy lawyer. Simply have a bankruptcy attorney reopen your case put this creditor in, as long as this debt was from before you filed bankruptcy, and then receive a discharge on this debt. This happens very often and is not difficult to fix it all. You can have any lawyer that is able to file bankruptcy handle this for you, there's no need to keep going back to the same law firm. If this was the type of debt that was not on your credit history report and you did not bring this to your attorney's attention, I which you know know attorney will fix this for free. Bankruptcy attorneys can only go by the debts that are listed on the credit report and those brought to us by our clients, many times our clients forget about a debt or simply failed to give us the debt and then they come back after bankruptcy. But as your attorney is no longer practicing it really doesn't matter one way or another because you can't get other attorneys and law firms to fix the mistake if it was a mistake. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

The judgment becomes property of the bankruptcy estate. If the Trustee thinks he/she can collect the judgment, they will. They will pay off your creditors (creditors who file a proof of claim), and any excess amounts will be turned over to you. If the Trustee does not think the judgment is collectable, the Trustee will abandon any interest in the judgment.... Read More

It depends on why your account has been frozen.  If it was frozen because you owe money to your bank or a creditor who obtained a judgment against you, then filing bankruptcy would immediately require them to lift the "freeze".    However, freezing an account is an unusual remedy.  Normally they would levy the account and take the money out before you file bankruptcy.  ... Read More

I don't know if I would switch attorneys at this point of a Chapter 13, but there may be another way to accomplish what you want to do. Seems like it was a communication issue and wouldn't be worth several thousands to substitute a new attorney. other than the intended recipient does not waive the attorney-client privilege, nor is it a waiver of the work-product doctrine. Although this e-mail and its attachments are believed to be virus, spyware, malware and/or defect free, you must ensure it is so, and we accept no responsibility for any loss or damage arising in any way if such a virus, etc. exists.... Read More