Missouri Bankruptcy Legal Questions

It sounds as though you are confused as to what actually took place. It sounds as though both you and your mother were defendants in the lawsuit, and that the creditor obtained judgments against each of you. The fact that your mother negotiated some settlement with them for herself does not protect you from the rest of the amount of the judgment. It does not sound like they are suing you now, only that they are trying to collect if that prior judgment. Most debts like this are dischargeable in bankruptcy, but it would take a more careful analysis and a review of the court papers to know for certain. You should consult with an experienced bankruptcy attorney and then retain them to assist you in filing your case if you decide that bankruptcy is a reasonable solution.... Read More

If you are at the end of your plan and the course needs to be taken soon, go ahead and pay for another one (or see if your trustee's office offers free in-person seminars). Getting the certificate may be a matter of some urgency. Next, ask your spouse to pay you back for the course. If s/he refuses, this would be a matter for dispute in your divorce or separation matter. In general, when a course is purchased, it is purchased for both Debtors and folks are warned to take it together. If only one takes it, that's unfortunate. You could try complaining to the course provider, but I suspect they will tell you to simply order another course.... Read More

These classes don't cost a great deal! What are you complaining about? In order to receive a Chapter 13 discharge, you must also complete this class & file the certificate with the court. Otherwise your Chapter 13 will be closed without a discharge, leaving you, not your spouse, owing all debt not paid in the Chapter 13.... Read More

Your question is not clear. Has your case been administratively closed without a discharge? If so, then the only possibility available to you at this point that i can think of will be to file a Motion to Reopen the case (with the appropriate filing fee) in order to file the second financial management certificate. If the case has not yet been closed at court then complete the class and file the certificate ASAP! Either way, your first place to go for answers should be to call your chapter 13 attorney. Your attorney will be familiar with policies and practices in your jurisdiction with your judges and your trustee.... Read More

The impact of bankruptcy on prior divorce agreements can be complicated. If the substance of your ex's obligation is truly a payoff over time of a property settlement, then this is just an account receivable that the trustee can collect. Depending on how long the payment plan is for the agreement, you might try to just wait on the bankruptcy. If the monthly payments are really for support, then you can argue that the payments are alimony even though not called alimony. A careful analysis is necessary by an attorney.... Read More

You really need to consult with an experienced bankruptcy attorney. The answer will depend upon where you live, what sort of property (real or personal) settlement you are asking about, and the dollars involved. Yours is not a simple situation and with what is at stake, the cost of an attorney's fee will be well worth it in order to best protect what you have.... Read More

This is a very fact-specific issue. If the property settlement is "in the nature of" alimony or child support it will be deemed exempt and beyond the Trustee's reach. If it is not, but is rather just a plain, old division of marital assets, the Trustee could administer it and it could be taken away from you. You should discuss this issue with competent local bankruptcy counsel.... Read More

I don't believe so.  A loan modification is not a new loan.  It is, as the name states, a modification of an existing loan.  Therefore, I would argue that as long as you did not reaffirm that loan in your bankruptcy case, your discharge still covers it. A refinance would be different, since that is a new loan. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

Yeah, I can't see your previous question and have no idea where it might be. So in the future, don't make this assumption. I have no idea where you live. You are required to disclose everything to your Chapter 13 Trustee, even exempt property. Full disclosure and candor is the foundation of the bankruptcy court system.... Read More