"Exemptions" are legal protections from creditors. Missouri statutes define certain property that cannot be seized by credirtors to... More...
You definitely need to be concerned about a wage garnisheement, and about having your bank accounts frozen. Your creditor can take both collection actions... More...
Income is treated in different ways when you file for bankruptcy protection. Your social security and veteran's benefits will always be treated as income... More...
Once her creditor has taken a legal judgment against your daughter, it is legal for the creditor to garnishee 25% of your daughter's wages, plus sieze... More...
Whether you should or should not file for bankruptcy protection is somenthing that only you can decide. However, befoe making that decision, you should... More...
Many people confuse disclosing (or, "listing") debt in a bankruptcy with discharging (or getting rid of) the debt. We will try to explain the difference... More...
We cannot give you a good answer, except to say that "it depends." The only way that you can find out is to file a dspute with each credit bureau... More...
There is no requirement that the creditor ever come to get the vehicle. We tell our clients to keep the car insured and drive it 'till it drops. Free... More...
As to your first question: all debt must be disclosed in bankruptcy. The debts that you have described must be listed, and will be discharged, with the... More...
We have filed numerous cases for people in your situation, and have not had any problems. Your attorney should be able to advise you as to how to time your... More...
Your situation is one of the few instances where you sshould not be held responbsible for your spoises medical bills. Misosuri has some specific case law... More...
All debt is listed in bankruptcy. The judgment debt will be listed, and "discharged" along with all of the other debt. If you have any real estate to which... More...
Yes! A payday loan is an unsecured loan just like any other, and it can be discharged in bankruptcy! Don't let your payday lennder tell you otherwise... More...
Thank you for your question. Student loans can be discharged in bankruptcy, but only in very limited circumstances. Your situation sounds like... More...
A creditor or debt collector may continue to try to collect a debt until the... More...
Are you saying that you went to the free credit report link from our website? Our link is to AnnualCreditReport.com. Your credit reports from this... More...
If you live in Missouri, you should consult your local Legal Aid office. Depending on your situation, they may be able to file the bankruptcy for you, or... More...
In Missouri husbands and wives are legally responsible for each others medical bills if the services were obtained during the marriage. The medical... More...
In Missouri a creditor must get a judgment against you before they can start "involuntary" collection procedures. Involuntary collection means... More...
Thank you for your question. Your situation will look a little less complicated if we break the answer down into parts.
First: your income... More...
The following answer assumes that you live in Missouri: you should consult with a lawyer right away about getting your husband's... More...
Be sure that you attend the debtor's exam -- you can be arrested and held for another court date if you do not! Since this debt is not... More...
We do not know if it is legitimate. We are a bankruptcy, only, law firm. You should check it out with the Better Business Bureau and the Attorney... More...
This answer assumes that you live in Misosuri. Before a creditor can garnishee your wages, the creditor will have to file a lawsuit against you, and... More...
The answer to this question depends on whether you, and your homes are located in Missouri. Foreclosure is a lender's way of taking back real estate if... More...
Whether a debtor can buy a house, or any other property, immediately after filing for bankruptcy protection is completely up the the lender considering the... More...
The wife does not have to join the bankruptcy case, but she should understand that any joint debt that hte husband discharges in bankruptcy will become her... More...
A judgment eventually "expires," but the person who obtained the judgment can "renew" it until it is paid. We are a bankruptcy law firm, so our... More...
In Missouri, this loan is uncollectible. It sounds like the collector may be violating the Fair Debt Collection Practices Act. Why do you tell... More...
The answer depends on your family situation. Read our other FAQs about garnisheement.
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Please read our FAQs about garnisheement and seizure -- that is what your creditor will now do to collect from you.
Our office has a free... More...
Your husband is not liable for your debts, except for medical debt incurred during your marriage. No creditor can take your husband's money to pay your... More...
Only one creditor can garnishee your wages at a time -- if your employer takes more than one garnisheement out of your check at the same time, see an... More...
The answer is yes, but ONLY if they have sued you in court, and have been awarded a judgment against you, OR if they have won an arbitration case... More...
Yes. They can also sieze tax refunds and any other payments. If you work, they can take part of your wages.
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Yes, assuming that your boyfriend says that it's OK.
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Assuming only the facts that you stated, you will be able to file a chapter 7 bankruptcy after the 8th anniversary of your first filing. You can file a... More...
As far as I can tell, you did nothing illegal in renting the apartment, and there is no law against abandoning real... More...
Your mortgage interest will stay the same in a chapter 13 bankruptcy. If you are behind on the mortgage payments, Chapter 13 will give you the opportunity... More...
An unfortunate fact is that creditors have no legal obligation to negotiate debt, and the fact that the creditor did not negotiate is not a defense to a... More...
No. The credit card company cannot take, or put a lien against, property that is jointly owned with your spouse, so long as the debt is yours, alone.
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Good news! You can get rid of this debt in bankruptcy!
Our office has a free consultation policy. If you are thinking about... More...
Go to www.annualcreditreport.com and get your FREE credit reports (DO NOT go to More...
The law requires that you obtain a certificate of debt counseling before yuor bankruptcy case is filed. Mos of the time this can be done by... More...
Sometime in the past you were sued, and your creditor took a judgment against you. The judgment gives the creditor the right to collect by... More...
If you let your house go to foreclosure, and it sells for less than you owe, the bank can go after you for the difference (the "deficiency"... More...
I cannot tell you whether your parents need an attorney, but they do have a right to be present or represented at the arbitration. However, even if... More...
You should still be able to get federal student loans after you file. Your financial aid adviser will be able to tell you what other aid you may be... More...
You should talk to a bankruptcy attorney about these issues. A good bankruptcy attorney will explain all of your options, including ways... More...
Almost all of the judges in the courts that I deal with are very courteous, and will treat you with dignity and respect. Sometimes judges are a little too... More...
There is no "form" for the response to a summons. You should talk to an attorney who practices in the state in which you are being sued, about... More...
Your bank accounts are safe.
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If you did not sign the papers, then you are not a creditor, and the debts should not be reported on your credit record.
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Absolutely!
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If your ex-husband did not get your permission to open the accounts, AND you did not sign the agreements, AND you did not use the cards, you should not be... More...
All creditors must be listed in a bankruptcy filing. It is possible for a creditor that you do not list to try to collect after the bankruptcy, but most... More...
As I have explained many times in these FAQs, no creditor, except the government, can garnishee tax refunds!
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You need to talk with your attorney to discuss your questions, in detail. Without knowing all of the facts of your case, I cannot give you the answers... More...
It is hard to give a complete answer to your question without knowing the circumstances of your case. In general, if you stop paying a... More...
There have been lots of questions lately about whether crediotrs can take tax refunds -- please read the FAQs posted on my Ask the Expert FAQs page -- the... More...
Bankruptcy is a federal law, but state law determines what happens to foreclosed property and how judgments can be collected from personal property. You... More...
Home mortgage lenders will look at your credit score. If the credit score is lower becasue of the bankruptcy, you will not get the best interest... More...
You may be able to pay as little as 0% of the credit card debt. It depends on your income and necsessary expenses.
Our office has a free... More...
The best time for you to have considered a bankruptcy solution would have been before the worker's... More...
Your boyfriend's contributiuon to your living expenses will have to counted when your bankruptcy case is filed. Your bankruptcy attorney will be able to... More...
Owing the IRS does not prevent anyone from filing a bankruptcy case. Depending on the age of the IRS debt, and what type of case you... More...
If your only income is SSI disability, you are "judgment proof." This means that your creditors cannot collect from you (but they will still... More...
If you give the car back to the credit company, they will sell it, then bill you for the difference... More...
No. As discussed elsewhere in our FAQs, only the government can garnishee a tax return. The... More...
Section 525.003.2 of the Revised Missouri Statutes (RSMo), says:
2. The maximum part of the aggregate earnings of any individual for any... More...
The answer to this question depends on whether your home is in the State of California, or in California, Missouri.
In Missouri, if the... More...
Some of the ramifications may depend on Texas law. Generally, if your property is foreclosed, and sells for less than you owe, then you have to deal... More...
Under most circumstances, your friend can file a separate bankruptcy case, but it makes more sense for her and her... More...
Unfortunately, the creditor has probably already taken the steps necessary to make sure that the judgment... More...
I think that you are asking whether you can keep your income tax refund after you file your 2007 tax return. The answer is that I do not know -- it... More...
It is possible for you to file again, but your question confuses me. When you say that your case was closed, do you mean dismissed by the... More...
Yes, one spouse can file a bankruptcy without the other. However, if the filing spouse files a chapter 7 case, and... More...
There is no wage limits to file any bankruptcy case. What I think that you are asking about is the "means test" that was thought up by Congress to... More...
1. Chapter 11 is a bankruptcy. There are several ways to file for bankruptcy protection. These are called "chapters" because the law... More...
They will usually fall off in about 7 years. Some debts may stay on longer, especially if the creditor is dishonest about when the account was... More...
The debt will fall on you, but, because it was joint debt to begin with, it has remained your responsibility despite what the divorce papers say. A divorce... More...
The answer to your question depends on the type of bankruptcy that you filed, and your reasons for wanting "out." Your bankruptcy attorney should be... More...
Garnishment works differently when the government is involved, as in the case of student loans. Yes, they can garnishee 30%of your wages. The amount of... More...
Your sister cannot be held responsible for your debt, unless she co-signed the debt.
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If you live in Missouri, a wife's separate property, paychecks and bank accounts cannot be siezed by her husband's creditors and vice... More...
Question 1: This question comes up all of the time! It comes up because people do not understand that there are different kinds of debt, and that... More...
Assuming that you live in Missouri -- yes, the credit card company can put a lien against your house; but only after they have sued you and taken a... More...
The company will most likely file the arbitration award in the circuit court of the county in which you live. You will be notified by a summons, the the... More...
Your children are not responsible, but your "estate" will be. However, if your estate is small, there probably will not be enough money to pay to... More...
In Missouri, a husband and wife are each responsible for the other's "necessities," including medical debt incurred during the marriage. That is... More...
In Missouri, foreclosure can be done without the bank having to go through the courts. Therefore, the bank can only sell the real estate that secures... More...
It may be possible to buy a home while in Chapter 13 bankruptcy; all you need are a willing lender and permission from the court. Factors that a judge would... More...
First, stop putting any money into any account that is being garnisheed!!! Immeidately tell your employer to send your pay check directly to... More...
The short answer is "possibly." The long answer depends on several factors: the person suing you must the lawsuit, then he must create a lien... More...
The answer to your question depends on who "they" are, and assumes that you live in Missouri. Missouri law protects social security and veteran's... More...
I apologize for taking so long to get back to you. Unfortunately, there was a problem with the "Ask the Expert" website, so I was not able to reply... More...
Our office has a free consultation policy. If you are thinking about bankruptcy, and would like for us to evaluate your situation, please... More...
A creditor cannot garnish your wages unless they obtain a judgment from a court. They cannot obtain a judgment unless they sue you, and you are... More...
I suggest that you and your soon-to-be-ex consult with a bankruptcy attorney before your divorce is... More...
Most taxes cannot be discharged in bankruptcy. However, you should not have to pay real estate taxes if your house was foreclosed on, or sold by the... More...
Dependingon how the judgment is written, the debt may be dischargeable in bankruptcy; then afer the bankruptcy discharge is entered, the Department of... More...
In answer to the first part of your question, let me make it clear that no court can enter an order telling... More...
Unfortunately, I cannot answer your question. There is a tax advantage for the debtor who gets rid of debt in bankruptcy (instead of settling with the... More...
Bankruptcy fees and payment plans vary among attorneys, and also depend on the type of bakrutpcuy that you would need to file. We discuss the fee and our... More...
Our office has a free consultatiuon policy. If you are thinking about bankruptcy, and... More...
You would eligible to file a chapter 13 case now. You would have to wait until 2008 (eight years after your previous case was filed) to file another... More...
If you are trying to file your own case, you should see an attorney immediately. If you have an attorrney, you should make sure that he or she understands... More...
"Expert" is KMIZ 's word. I do not ordinarily hold myself out as an "expert," but I think that I know enough about bankruptcy law to... More...
A creditor cannot make your child pay your debt, but when the creditor ask for a garnishemnt order they will include an instruction for the bank to sieze all... More...
The rule is "one garnishment at a time," meaning that only one creditor can garnish your paycheck at any one time -- the rest have to wait in... More...
Do you mean can you get rid of (discharge) federal and state taxes in a bankruptcy? The anser is yes, and no. Older taxes can be... More...
I am not exactly sure what you are sking by "what are the implications. . . " Do you mean what will your friends or family think? Who will find... More...
Bankruptcy filings usually stay on your credit report for 10 years. However, this does not mean that your credit will be ruined for 10 years. As you... More...
This answer assumes that you and your property are located in Missouri. Unsecured debt can become "attached" to your real estate under... More...
Bankruptcy is a public record, but the decision whether to publish the names of people filing bankruptcy is up to individual publishers. Some cities and... More...
Federal law requires each credit bureau to give you one free copy of your credit report per year. If you are denied credit, you can get an additional copy of... More...
Bankruptcy will damage your credit rating, and it will stay on your credit report for 10 years. However, the bankruptcy will not keep you from getting credit... More...
Not unless you owe money to the bank. But, BEWARE – if you do owe them money, or owe on a credit card issued by the bank, the bank has a right to take the... More...
If your house or car is collateral (security) for a loan, you can keep the property, but you must continue to repay the loan. Bankruptcy stops a scheduled... More...
You may want to keep a major credit card for emergencies, or you may want to pay a particular debt because you feel an obligation to a "friendly"... More...
No. The information contained on this website is for educational purposes only, and does not create any attorney-client relationship between you and the... More...
We cannot give any legal advice over the telephone to non-clients. However, if you are located in one of the Missouri counties that we serve, you may call... More...
