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Missouri Bankruptcy Legal Questions

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208 legal questions have been posted about bankruptcy by real users in Missouri. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Missouri Bankruptcy Questions & Legal Answers - Page 4
Do you have any Missouri Bankruptcy questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 208 previously answered Missouri Bankruptcy questions.
Bankruptcy
Missouri

Recent Legal Answers

Can I start a fraud action against a creditor starting with bankruptcy court?

Answered 12 years and 8 months ago by Michael Avanesian (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You might be able to. No good attorney will do it for free or contingency. So pick one of us and come in for a consultation.
You might be able to. No good attorney will do it for free or contingency. So pick one of us and come in for a consultation.

Can I start a fraud action against a creditor starting with bankruptcy court?

Answered 12 years and 8 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Your questions are too complex to answer in this forum. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Your questions are too complex to answer in this forum. Please understand that bankruptcy is a very complicated process. It is wise to talk to an... Read More

Can I start a fraud action against a creditor starting with bankruptcy court?

Answered 12 years and 8 months ago by Mark Stuart Cherry (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
If you feel you have a cause of action, you need to disclose the possible case on your "SOFA,(Statement of Financial Affairs)" in your bankruptcy. The trustee has the right to pursue that case.
If you feel you have a cause of action, you need to disclose the possible case on your "SOFA,(Statement of Financial Affairs)" in your bankruptcy.... Read More

Can I start a fraud action against a creditor starting with bankruptcy court?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
If you have a claim against anyone you must disclose it in your bankruptcy schedules. The trustee will decide if that is an asset to you.
If you have a claim against anyone you must disclose it in your bankruptcy schedules. The trustee will decide if that is an asset to you.

Is it possible to plea for a special case to get a chapter 7 to the courts?

Answered 12 years and 8 months ago by attorney Mr. Christopher J. Kane   |   8 Answers   |  Legal Topics: Bankruptcy
If you got a discharge in a Chapter 7, you have to wait 4 years from the filing date of the Chapter 7 before you can file a Chapter 13 case. There are no exceptions to this rule, and a judge does not have the discretion to allow you to file a Chapter 13 before that 4 years runs.
If you got a discharge in a Chapter 7, you have to wait 4 years from the filing date of the Chapter 7 before you can file a Chapter 13 case. There... Read More

Is it possible to plea for a special case to get a chapter 7 to the courts?

Answered 12 years and 8 months ago by Michael Avanesian (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
You want to obtain a Chapter 7 discharge when you already received one 3 years ago? If so, no, you cannot do that.
You want to obtain a Chapter 7 discharge when you already received one 3 years ago? If so, no, you cannot do that.

Is it possible to plea for a special case to get a chapter 7 to the courts?

Answered 12 years and 8 months ago by Deborah F. Bowinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
No. You must wait 8 years from your prior filing date before you can file another chapter 7. You must wait 4 years from the filing date before you are eligible for a discharge in a chapter 13 case.
No. You must wait 8 years from your prior filing date before you can file another chapter 7. You must wait 4 years from the filing date before you... Read More

Is it possible to plea for a special case to get a chapter 7 to the courts?

Answered 12 years and 8 months ago by Atty. Robert J. Sisson (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
No. You must wait 8 years. From discharge to file again.
No. You must wait 8 years. From discharge to file again.

Is withholding my transcripts while in bankruptcy because of the debt a violation of the stay?

Answered 12 years and 8 months ago by Mark Stuart Cherry (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The debt is not dischargeable, but you can file a Motion to have the transcripts released.
The debt is not dischargeable, but you can file a Motion to have the transcripts released.

Is withholding my transcripts while in bankruptcy because of the debt a violation of the stay?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
It is dischargeable. You will have to report the returned loan money as an asset in your bankruptcy case.
It is dischargeable. You will have to report the returned loan money as an asset in your bankruptcy case.

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
It will depend on the nature of the case and the amount of work to be done $5K is often the amount to say "hello."
It will depend on the nature of the case and the amount of work to be done $5K is often the amount to say "hello."

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by Michael Avanesian (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
We bill by the hour and we minimize costs by offering attorneys at different price points 300 - 600 per hour and paralegals at 150. In my opinion, someone who offers you a flat fee or promises you set time limits is either 1. new and trying to get experience; 2. a fool who will lose but still get paid what he told you it would cost; or 3. a con artist who wants to lure you in.... Read More
We bill by the hour and we minimize costs by offering attorneys at different price points 300 - 600 per hour and paralegals at 150. In my opinion,... Read More

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by Charles J Schneider (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
There is no such thing as the usual cost. It is a negotiated cost.
There is no such thing as the usual cost. It is a negotiated cost.

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by Mark Stuart Cherry (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
An adversary Complaint in Bankruptcy Court is the same as initiating a lawsuit in State Court. It takes attorneys several hours of research and drafting, and then the same costs that would be in regular litigation would occur. (Discovery, attending hearings, trial, etc.) In other words, it can be very expensive.... Read More
An adversary Complaint in Bankruptcy Court is the same as initiating a lawsuit in State Court. It takes attorneys several hours of research and... Read More

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by attorney Stuart M. Nachbar   |   8 Answers   |  Legal Topics: Bankruptcy
Depends on the nature of the case, but you can presume about 5,000.
Depends on the nature of the case, but you can presume about 5,000.

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by Mr Paul Norwood Jonas Ross (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Adversary Complaints tend not to be flat fee arrangements, so you are looking at the hourly fees of the attorney you are visiting with regarding the case.
Adversary Complaints tend not to be flat fee arrangements, so you are looking at the hourly fees of the attorney you are visiting with regarding the... Read More

What is the usual cost for attorney fees to file an adversary complaint?

Answered 12 years and 8 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
It depends on how complicated the process will be. Talk to some very good creditor bankruptcy attorneys and compare their prices.
It depends on how complicated the process will be. Talk to some very good creditor bankruptcy attorneys and compare their prices.

What can I do if I have a civil lawsuit settlement but owe a large personal loan?

Answered 12 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You can include the debt in your bankruptcy, but it is unlikely that the lien against the lawsuit proceeds will vanish unless you have a specific order from the bankruptcy court saying so.
You can include the debt in your bankruptcy, but it is unlikely that the lien against the lawsuit proceeds will vanish unless you have a specific... Read More

What can I do if I have a civil lawsuit settlement but owe a large personal loan?

Answered 12 years and 8 months ago by Deborah F. Bowinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Your question is not clear. Have you received your settlement yet? Did you assign the entire settlement or only part of it? If you assigned the settlement or if they filed a lien against it then the will be entitled to recover either the full amount you borrowed or, at least as much as you receive in your award (if the settlement is less than the amount owed). If the loan is secured, a bankruptcy will not relieve you from the obligation to pay. Before filing a bankruptcy case you should consult with and retain an attorney.... Read More
Your question is not clear. Have you received your settlement yet? Did you assign the entire settlement or only part of it? If you assigned the... Read More

What can I do if I have a civil lawsuit settlement but owe a large personal loan?

Answered 12 years and 8 months ago by attorney Stuart M. Nachbar   |   7 Answers   |  Legal Topics: Bankruptcy
Yes you can but remember your lawsuit has to be disclosed in the filing as well. The Trustee may take the settlement if not properly exempted out.
Yes you can but remember your lawsuit has to be disclosed in the filing as well. The Trustee may take the settlement if not properly exempted out.

What can I do if I have a civil lawsuit settlement but owe a large personal loan?

Answered 12 years and 8 months ago by attorney Dustin Douglass Deissner   |   7 Answers   |  Legal Topics: Bankruptcy
Liens are there to prevent bankruptcy from discharging such debts.
Liens are there to prevent bankruptcy from discharging such debts.

What can I do if I have a civil lawsuit settlement but owe a large personal loan?

Answered 12 years and 8 months ago by Mr. John A Moffa (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You MUST list ALL debts, including these, mortgages, car loans, family loans, etc. Bankruptcy is not a pick-and-choose option. You must list all of your assets and all of your debts.
You MUST list ALL debts, including these, mortgages, car loans, family loans, etc. Bankruptcy is not a pick-and-choose option. You must list all of... Read More

Can a bankruptcy take a car if its already paid off?

Answered 12 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
A bankruptcy trustee can take a vehicle if it isn't eligible for an exemption under local laws. In Nevada, the vehicle exemption is $15,000 for one vehicle only,
A bankruptcy trustee can take a vehicle if it isn't eligible for an exemption under local laws. In Nevada, the vehicle exemption is $15,000 for one... Read More

How can I go about filing a bankruptcy due to payday loans and pay for an attorney?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
I am only licensed in Missouri. You will have to talk to a few attorneys and see what they will work out with you. If you don't pay those payday loans, you can use that money to pay the costs of the bankruptcy.
I am only licensed in Missouri. You will have to talk to a few attorneys and see what they will work out with you. If you don't pay those payday... Read More

When you dismiss a Chapter 11 bankruptcy, do the unpaid vendors have recourse to come back to you for payment even though there are no assets?

Answered 12 years and 8 months ago by attorney Michael Jay Berger   |   5 Answers   |  Legal Topics: Bankruptcy
Yes. If a case is dismissed, that means that you did not receive a discharge and the creditors can come after you again the same as they could have before you filed bankruptcy.
Yes. If a case is dismissed, that means that you did not receive a discharge and the creditors can come after you again the same as they could have... Read More
Bankruptcy
Missouri

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