Missouri Bankruptcy Legal Questions

You want to do this as cheap as you can so you're avoiding lawyers right? It really depends on who filed for bankruptcy, what kind of bankruptcy, what happened during the bankruptcy and what's happening now. Sometimes the bankruptcy will make it easy to figure out who owns the property, at other times it makes it chaotic etc. Unfortunately, there is no easy way. Step 1, look through the bankruptcy docket to see if the bankruptcy somehow affected the property.... Read More

Notify the bank by letter, clearly and intelligibly written, and sent by certified mail, return receipt requested. Identify exactly which transactions were fraudulent, and how much money was wrongfully taken. Have you notified law enforcement of this wrongdoing? You certainly should do so. It would be a good idea to retain an experienced lawyer who can further advise you.... Read More

This is a common problem without a great solution.  You definitely don't have any monetary obligation to the vehicle lender assuming you received a discharge in your bankruptcy case.  However, they do still retain their lien against the vehicle.   You can and should contact them to either coordinate return of the vehicle, or an agreement to allow you to sell it. 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

To determine whether you "qualify" for bankruptcy or whether it is in your best interest to do so, as well as to have your other questions answered, you need to have a consultation with an experienced bankruptcy attorney in your area. See my article about hiring a bankruptcy attorney for assistance in making a selection. Most bankruptcy lawyers offer free initial consultations. 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

If your retainer agreement provided for your lawyer negotiating and signing off on a reaffirmation agreement for your mortgage, then you may be entitled to a partial refund of your fees.  However, I would be VERY surprised if that is really the case. In most states, there is no good reason to reaffirm a mortgage debt.  It is not required and eliminates all the benefit of the bankruptcy discharge. Do a google search for "reaffirmation and mortgage" to see other opinions on this subject. 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

That depends on a number of factors, including which chapter of bankruptcy was filed, what the value of the business is, what type of legal entity the business is (i.e. corporation, partnership, joint venture, etc.) and other factors. You need to consult with a bankruptcy attorney in your area for more details. 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

I have no idea whether they are legitimate or not, but my article on hiring bankruptcy lawyers may be of assistance to you in what to look for.    Are they charging a low fee?  That is one indicator of poor quality, high volume representation. Check with your state bar to see if any complaints have been filed against the firm. Do a Google and Yelp search to see if that shows anything. Go with your instincts if all else fails. 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

Yes, you can let them repossess your vehicle and you will owe no further obligation to them.  It should not hurt your credit as the debt was already discharged (assuming you received a discharge). 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

The only way to answer your question is to have a comprehensive consultation with an experienced bankruptcy attorney in your area who can examine all your relevant information and advise you on your options. 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

You can't take the second class until you have filed bankruptcy and have a case number, so I am assuming your first class was taken much sooner than this. Credit Couseling courses are only valid for 180 Days from the date you completed them. If they are out of date, they will not be considered valid in a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Although it is your lawyers duty to assure all documents filed are correct, so the fact he filed your credit certification with an invalid date or the fact he did not inform you the bankruptcy court required this to be taken over again, because it was out of date is also you attorneys fault. Yes you waited too long if you took the 1st class more than 180 days prior to filing, but it's still your attorneys fault. You paid him/her to prepare and file your bankruptcy paperwork and part of that is making sure everything filed is correct, he failed to do that.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147... Read More

The answer depends in part on why the trustee has not concluded his/her portion of the case.  Are there assets the Trustee is pursuing?  If not, there's probably no reason that the case should still be open.  If there are non-exempt assets that the trustee is thinking about pursuing, but hasn't yet, you can file a Motion to Compel Abandonment of those assets by proving they are of de minimis value to the bankruptcy estate. Other than that, you can also contact the Office of the U.S. Trustee and advise them of the status of the case and see if they can put some pressure on the Trustee. If your attorney is not giving you satisfactory responses, you can always hire a new attorney. 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

First of all, let's try to clarify some terms you are using because they affect the answer to your questions. When you say your bankruptcy case was dismissed, that means that you did not receive a discharge of debts.  Thus, why would your creditors want to reopen your case at all?  They have no restrictions on trying to collect on your debts if you did not receive a discharge. If you DID receive a discharge, then your case was NOT dismissed as you stated.  In that event, I would think that YOU would want to reopen the case to add any omitted creditors, if necessary. In the Ninth Circuit (which includes California), there is no need to add omitted creditors in a "no-asset" chapter 7 case.  You should check with an experienced bankruptcy attorney in your district as to whether it is necessary for you to reopen your case to add any omitted creditors. 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

Your budget for Chapter 13 depends on a number of different factors.  There is the standard "means test" analysis (which is not called a means test in Chapter 13) which uses income received in the 6 months prior to filing your case subtracting allowed IRS expense amounts for necessary living expenses, and then there's your current income and actual expenses.  Both factor into your plan payment amount in a Chapter 13. Depending on what debts you have and what needs to be paid in full through your plan (such as recent taxes, mortgage arrears, etc.) you always have the ability to seek to modify your plan payment in the future if your budget changes, for example due to circumstances such as you set forth in your question.  If your budget changes enough, you may even qualify at some point to convert your case to Chapter 7. These are all questions your attorney should be able and willing to answer for you.  If not, you should look for a different attorney.   See my article for assistance in finding a qualified bankruptcy attorney.  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

I'm not sure I understand your question.  Are you asking whether the LLC can file a bankruptcy, or are you asking what happens to your LLC if you file a personal bankruptcy, or are you asking whether the debts the LLC owes are affected by filing your personal bankruptcy? Your interest in the LLC is an asset that you own and, as such, it must be valued and listed in your personal bankruptcy case.  Depending on what it is worth and what exemptions you have available under applicable law to protect that value, you may be able to retain your interest in the LLC. Your personal bankruptcy will get rid of any dischargeable debts you have, including personal guarantees or other debts you PERSONALLY owe from the LLC.  However, it will not discharge the LLC's obligation on those debts. 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

Social Security Disability income is not considered part of "current monthly income" for purposes of the means test.  However, some courts may still consider it part of your overall ability to pay your debts so if it creates a surplus in your budget, it could draw an objection to you being in a Chapter 13 case.   However, recent court decisions, at least on the west coast, seem to be trending towards not requiring it to be counted as income at all. You need to have a consultation with an experienced bankruptcy attorney in your area for more details specific to your situation. 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

First of all, debtor's prison was abolished in the 1800s, so you don't need to worry about going to jail.  At least not for failure to pay your debts. Once your bankruptcy is filed (I assume that's what you meant by "in progress"), an automatic stay goes into effect which prevents your creditors from taking any action to collect on a debt, without first obtaining court approval (which is only given if specific criteria are met). If a creditor has a lien against one of your assets, you may be able to remove that lien in the bankruptcy, depending on whether it is a consensual lien, judgment lien and what the value of the asset is and the amount of exemptions available to protect that asset according to applicable law in your case. You need to consult with a bankruptcy attorney in your area for more details. 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

You need to consult with a bankruptcy attorney in your area.   If this lawsuit was filed before your bankruptcy case was filed, then for sure the trustee can reopen for that purpose.   If it was filed after, but the cause of action arose prior to you filing the bankruptcy (which is very possible), that would also be appropriate.  However, you may have exemptions that can protect some portion of the proceeds of the settlement.  You don't disclose what that amount is or which state's exemption laws applied in your case, and I don't have access to your bankruptcy files to see what other assets you had exempted already.  Thus, you need to consult with a bankruptcy attorney in your area for more details on what, if anything, you can do to protect yourself. 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

Which bankruptcy chapter one should file, or is eligible for, can only be determined after a comprehensive consultation with an experienced bankruptcy attorney.  There are numerous factors that go into the analysis, including your income received in the past 6 months, qualified expenses, assets and debts.   You need to schedule an appointment with a bankruptcy attorney in your area. 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

It depends on what the judgment was for.  Some judgments, domestic support obligations for example, typically cannot be discharged. You should consult a local bankruptcy attorney to determine what debt can be discharged.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

That seems to be the exemption statute for the state of missouri, but it doesn't specifically mention personal injury claims. A chapter 7 bankruptcy exemption must have a corresponding state or federal code for the exemption, this seems like the code that allows exemptions, you would want the one specific to the property in question.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 Cell:     508-801-6747 FAX:    877-475-8147... Read More

Sounds like bankruptcy is an option you should explore.  I recommend having a consultation with a qualified bankruptcy attorney in your area. 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

I'm not sure what you mean by "awarded", and the answer to your question depends in part on which bankruptcy chapter was filed, but most likely it won't affect the case at all, assuming the plaintiffs (or whomever takes over their estate) decides to continue prosecution. 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