Student loans might be discharged through bankruptcy.

If you file a Chapter 7 and you have a secured debt, often times a car note or a mortgage, you will be asked by the creditor to reaffirm that debt. What does that mean? When a Chapter 7 debtor reaffirms a debt they agree to continue paying that obligation even after their bankruptcy case […]

The decision to file or not to file a bankruptcy can be stressful and overwhelming. Many attorneys offer free consultations to get to know the prospective client’s situation to better be able to counsel them in making a proper, informative decision. If you and your attorney decide that a bankruptcy is beneficial to you and […]

I Owe My Family Money. Should I Pay Them Back Now? When you file a Chapter 7 bankruptcy, or even a Chapter 13, your attorney might ask you if you have paid any friends or family members any money in the last 12 months? I ask this question to every single client I meet with […]

Should I file a Corporate Chapter 7 Bankruptcy? If you own a business and that business is struggling, bankruptcy might be a consideration for your business. This article will address filing a Chapter 7 for your business, which essentially means dissolving the business. If you file a Chapter 7 bankruptcy for your LLC or S-Corporation, […]

It is getting towards the time of the year when people start thinking about how much money they might receive for their tax refunds early next year. If a potential debtor is thinking about this, then a Chapter 7 or Chapter 13 Trustee will also likely be thinking about it. […]

If you have spoken to anyone before about bankruptcy, they probably told you that they received a “discharge” of their debts. I have noticed when I am meeting with clients for the first time and I let them know they are eligible for a discharge, often I get a look […]

A dependent is defined as “someone who relies on another for support; one not able to exist or sustain oneself without the power or aid of someone else.” This definition matters quite a bit if you are considering filing for bankruptcy. Times have been rather tough for some Americans as the economy has hit a […]

This question may not initially be on the mind of a prospective client when they come into your office, but the situation does come up from time to time when it is in the best interest of the client who originally started their bankruptcy as a Chapter 13 to convert that case to a Chapter […]

It is my job to know whether a Chapter 7 or a Chapter 13 is the better option for my clients. The questions that I ask at the initial consultation asked to make this determination. Most clients want to file a Chapter 7, but that is not always the best option for them. Each case […]

Schools cannot refuse to release your transcript or diploma just because your bankruptcy case discharged a debt for tuition. This ruling came down recently from the Seventh Circuit Court of Appeals, which covers Illinois, Wisconsin and Indiana. It is true that student loans cannot be discharged in bankruptcy, except in special circumstances, such has financial […]

You may be asking yourself, “Why do I need to hire an attorney to file bankruptcy?” You may also think, “I’ve done some research and I’ve seen the forms to fill out. It seems simple enough.” The answer is: Bankruptcy isn’t as easy as a process as you may think. Time and again, we have […]

What will bankruptcy do to my credit? This is probably the question most often asked by our clients and potential clients when they are considering bankruptcy. While each client will have a different experience based on their individual circumstances, the question to the answer remains the same. It is absolutely possible to rebuild your credit […]

A common question that people considering bankruptcy may have is whether or not a judgment that has been entered against them will be discharged through their bankruptcy. The short answer is that in many cases the answer is yes, but there are some circumstances that won’t discharge the debt. For example, let’s say someone has […]

In an update from a previous post, a bill that would prevent local governments from being able to require lenders to offer mediation to homeowners facing foreclosure is nearing passage in the Missouri Senate. The bill, passed by the Missouri House of Representatives a few weeks ago, would directly oppose ordinances passed in St. Louis […]

Last week, I gave an update on the status of foreclosure mediation ordinances in St. Louis City and St. Louis County that are currently being challenged in the courts by lenders in Missouri. On the other side of the river in Illinois, the Illinois Supreme Court has adopted new rules allowing its courts to […]

Recently, the Missouri State House of Representatives passed a bill that would supersede the ordinances requiring mediation before a lender forecloses on a home in St. Louis or St. Louis County. The bill is now being sent to the Senate and would likely prevent the city and county from enforcing their ordinances. The ordinances […]

If you decide to come in and speak with an attorney regarding a bankruptcy filing it is likely that the attorney will ask you how many children you have living with you that are under 21. These children that are living with you that you are helping take care of are your dependents and will […]

A common misconception of filing a Chapter 7 bankruptcy and surrendering your house, or “walking away” from it, is that once your case is filed you no longer are responsible for taking care of that property. That simply is not the case. Until the bank actually comes in and forecloses on the property you remain […]

A Tenancy by the Entirety (TBE) is a form of property ownership in Missouri, and a few other states, reserved for married couples. Missouri recognizes TBE ownership in both real and personal property. Property owned as tenants by the entirety belongs to the marriage, which means that both husband and wife own the property as […]