When considering filing for bankruptcy there are a number of things to consider.  Some of them will be related directly to paperwork, but many of the factors will be life decisions that might not seem related to your bankruptcy on its face.  One such example is the decision to relocate to a different state.  Moving within a state will not cause you any problems with filing, but if you are retaining an attorney you may want to see if that attorney will be able to handle your case after your relocation.  If you are staying in the same general area it shouldn't be a problem, but if you are moving a considerable distance you might be outside of your attorney's practice area or even outside of where your attorney is licensed to practice. If you are considering filing for bankruptcy and may be moving out of a state there are a number of factors to consider.  First, you must be a resident of a particular state on the day of filing to file in that state.  So, if you retain an attorney in Missouri and then move to Kansas before your case is filed you will have to find other representation.  Not only do you have to live in the state on the day of filing, but you must have lived in the state for the greater part of the 180 days leading up to bankruptcy.  Basically, you must live in the state for 91 days or more prior to filing.  If it is imperative that you file right away you may want to consider filing in your current home state prior to moving out of state. If you are considering filing for bankruptcy in a state that you have not lived in for at least two and a half years you will want to notify your attorney of this as soon as possible.  This does not mean that you cannot file, it simply means that the exemptions you will use might be different that the state you live in.  This is not a problem, and does not mean that you cannot file, it just means that your attorney may have to do a bit of research to determine what exemptions apply.  Depending on the circumstances you may use the exemptions from a state of prior residence or federal exemptions.  If you have not lived in the state for at least two and a half years your exemptions will be based on the preference of the state that you lived in for the greater part of the six months prior to the two years prior to filing for bankruptcy.If you have questions, or would like to set up a consultation, contact a St. Louis Bankruptcy Attorney Today.

 Myths and Truths About Chapter 13 Bankruptcy, Part IV Myth:  If a house is jointly owned and in foreclosure, both parties on the loan must file Chapter 13 bankruptcy in order to save the house from foreclosure.Truth:  Both parties on the loan do not need to file bankruptcy in order to save the house from foreclosure. It is very common for a house to be owned jointly, especially by a married couple.  Many people think that because both names are on the loan, both people on the loan need to file bankruptcy in order to save the house from foreclosure.  Actually, as long as one party on the loan files, that is enough to protect the house from foreclosure and implement the automatic stay as long as the bankruptcy is filed before the foreclosure.  It may be beneficial for both parties to file together if they have other debt to include in the bankruptcy.  In some cases, however, the house may be the only debt the parties possess or the additional debt may only be in the filing debtor's name.  In that case, some people prefer to have only the one party on the loan file in order to preserve the credit of the other person.  If the house is later surrendered through the bankruptcy or foreclosed, the second person on the loan may want to consider filing bankruptcy because they would then be responsible for the deficiency on the property.  Otherwise, only one party would need to file bankruptcy.Myth:  If the creditor isn't being paid through the bankruptcy, it is because the Trustee is choosing not to pay them.Truth:  If a creditor is not being paid through the Chapter 13 bankruptcy, it likely due to reasons outside the Trustee's control.  When a bankruptcy is filed, the creditors receive notice of the bankruptcy and are given a deadline in order to file a proof of claim.  The proof of claim informs the Trustee of the amount due to the creditor so they know how much should be in the plan to pay them.  Upon review of the proofs of claim, the Trustee makes sure the plan is feasible and pays the creditor a certain amount per month through the life of the plan.  If the creditor does not file a proof of claim, the Trustee cannot pay them.  Therefore, if the creditor is not being paid, there is a good chance there is no proof of claim filed.  In that case, the debtor's attorney can call the creditor to remind them or file a proof of claim on the creditor's behalf to guarantee payment by the Trustee. If you would like more information, please contact a St. Louis or St. Charles bankruptcy attorney.

<p>When considering filing for bankruptcy there are a number of things to consider.&nbsp; Some of them will be related directly to paperwork, but many of the factors will be life decisions that might not seem related to your bankruptcy on its face.&nbsp; One such example is the decision to relocate to a different state.&nbsp; Moving within a state will not cause you any problems with filing, but if you are retaining an attorney you may want to see if that attorney will be able to handle your case after your relocation.&nbsp; If you are staying in the same general area it shouldn't be a problem, but if you are moving a considerable distance you might be outside of your attorney's practice area or even outside of where your attorney is licensed to practice.&nbsp;</p><p>If you are considering filing for bankruptcy and may be moving out of a state there are a number of factors to consider.&nbsp; First, you must be a resident of a particular state on the day of filing to file in that state.&nbsp; So, if you retain an attorney in Missouri and then move to Kansas before your case is filed you will have to find other representation.&nbsp; Not only do you have to live in the state on the day of filing, but you must have lived in the state for the greater part of the 180 days leading up to bankruptcy.&nbsp; Basically, you must live in the state for 91 days or more prior to filing.&nbsp; If it is imperative that you file right away you may want to consider filing in your current home state prior to moving out of state.&nbsp;</p><p>If you are considering filing for bankruptcy in a state that you have not lived in for at least two and a half years you will want to notify your attorney of this as soon as possible.&nbsp; This does not mean that you cannot file, it simply means that the exemptions you will use might be different that the state you live in.&nbsp; This is not a problem, and does not mean that you cannot file, it just means that your attorney may have to do a bit of research to determine what <a title="Missouri Bankruptcy Exemptions" href="http://www.lickerlawfirm.com/blog/missouri-bankruptcy-exemptions.cfm">exemptions </a>apply.&nbsp; Depending on the circumstances you may use the exemptions from a state of prior residence or federal exemptions.&nbsp; If you have not lived in the state for at least two and a half years your exemptions will be based on the preference of the state that you lived in for the greater part of the six months prior to the two years prior to filing for bankruptcy.</p><p>If you have questions, or would like to set up a consultation, contact a <a title="St. Louis Bankruptcy Attorney" href="http://www.lickerlawfirm.com">St. Louis Bankruptcy Attorney </a>Today.</p>

<p>&nbsp;</p><p>Myths and Truths About Chapter 7 Bankruptcy, Part IV</p><p>Myth:&nbsp; A debtor can dismiss a Chapter 7 <a href="http://en.wikipedia.org/wiki/Bankruptcy">bankruptcy</a> if the Trustee finds assets.</p><p>Truth:&nbsp; In a Chapter 7 bankruptcy, it is not possible to voluntarily dismiss your case if the Trustee finds assets.&nbsp; Generally, a debtor can voluntarily dismiss their case before discharge if they change their mind about filing the bankruptcy; however, this is not the case if the Trustee has found assets.&nbsp; When a bankruptcy is filed, the debtor has an obligation to list any property they have at the time of the filing and the value of said property, as well as any pending insurance claims, inheritance, and personal injury claims, etc.&nbsp; If the Trustee determines that the personal or real property has a higher value than the debtor originally assessed or if the Trustee finds assets that were not listed in the bankruptcy petition, the Trustee can seize the assets if they are not exempt.&nbsp; In order to prevent this from happening, many debtors request to voluntarily dismiss their case without discharge so they may retain their assets.&nbsp; This is not a possibility.&nbsp; If a Trustee finds unexempt assets in a Chapter 7 case, debtors are unable to dismiss their case voluntarily.&nbsp; That is why it is so important for debtors to accurately disclose their property and assets (present and future) to their attorney and on their bankruptcy petition before filing.&nbsp;</p><p>Myth:&nbsp; If a debtor does not list something on the bankruptcy petition, the Trustee will not find out.</p><p>Truth:&nbsp; It is essential for debtors to disclose all income, assets, and property, as well as the accurate value, on their bankruptcy petition and to disclose this information to their attorney.&nbsp; It is also important for debtors to list any transfers, money paid to family members or friends, payments to creditors, etc.&nbsp; The trustee completes their own investigation into the debtor's petition.&nbsp; They can check what property the debtor has and the value of the property.&nbsp; They can also find out about transfers of property and the recipients of transferred property.&nbsp; Trustees can require an appraisal of real or personal property if they believe the value listed is too low.&nbsp; They sometimes even wish to view the property personally.&nbsp; They can also look at bank accounts to determine if money was taken out or given to someone else or if income was earned but not reported.&nbsp; The Trustee will ask debtors questions under penalty of perjury.&nbsp; For this reason, it is essential to disclose fair, honest, and accurate information on the bankruptcy petition and schedules.&nbsp;</p><p>If you have any questions, please contact a <a href="http://www.lickerlawfirm.com">St. Louis or St. Charles bankruptcy attorney</a>.</p>

<p>&nbsp;</p><p>Myths and Truths About Chapter 13 Bankruptcy, Part IV</p><p>Myth:&nbsp; If a house is jointly owned and in foreclosure, both parties on the loan must file Chapter 13 bankruptcy in order to save the house from foreclosure.</p><p>Truth:&nbsp; Both parties on the loan do not need to file <a href="http://en.wikipedia.org/wiki/Bankruptcy">bankruptcy</a> in order to save the house from foreclosure. It is very common for a house to be owned jointly, especially by a married couple.&nbsp; Many people think that because both names are on the loan, both people on the loan need to file bankruptcy in order to save the house from foreclosure.&nbsp; Actually, as long as one party on the loan files, that is enough to protect the house from foreclosure and implement the automatic stay as long as the bankruptcy is filed before the foreclosure.&nbsp; It may be beneficial for both parties to file together if they have other debt to include in the bankruptcy.&nbsp; In some cases, however, the house may be the only debt the parties possess or the additional debt may only be in the filing debtor's name.&nbsp; In that case, some people prefer to have only the one party on the loan file in order to preserve the credit of the other person.&nbsp; If the house is later surrendered through the bankruptcy or foreclosed, the second person on the loan may want to consider filing bankruptcy because they would then be responsible for the deficiency on the property.&nbsp; Otherwise, only one party would need to file bankruptcy.</p><p>Myth:&nbsp; If the creditor isn't being paid through the bankruptcy, it is because the Trustee is choosing not to pay them.</p><p>Truth:&nbsp; If a creditor is not being paid through the Chapter 13 bankruptcy, it likely due to reasons outside the Trustee's control.&nbsp; When a bankruptcy is filed, the creditors receive notice of the bankruptcy and are given a deadline in order to file a proof of claim.&nbsp; The proof of claim informs the Trustee of the amount due to the creditor so they know how much should be in the plan to pay them.&nbsp; Upon review of the proofs of claim, the Trustee makes sure the plan is feasible and pays the creditor a certain amount per month through the life of the plan.&nbsp; If the creditor does not file a proof of claim, the Trustee cannot pay them.&nbsp; Therefore, if the creditor is not being paid, there is a good chance there is no proof of claim filed.&nbsp; In that case, the debtor's attorney can call the creditor to remind them or file a proof of claim on the creditor's behalf to guarantee payment by the Trustee.&nbsp;</p><p>If you would like more information, please contact a <a href="http://www.lickerlawfirm.com">St. Louis or St. Charles bankruptcy attorney</a>.</p>

Many people turn to bankruptcy for help when they are in over their heads financially.  Bankruptcy can take care of a number of debts, including unsecured creditors.  However, there are some types of debts that are not dischargeable through either a Chapter 7 or Chapter 13 Bankruptcy.  The list below is intended as guidance, not as an all-inclusive list.  If you have specific questions you should contact your attorney.  Some examples of non-dischargeable debts are as follows:1. Domestic support obligations.  These may include any child support, alimony, or any other payment ordered by the court that related for family care and support.  This can category would also include divorce and separation agreement settlements.2. Student loans are not generally dischargeable.  However, in very extreme cases they may be dischargeable if there is an extreme hardship.  Generally this will be limited to cases where the debtor is unable to work or pay the student loans for some reason out of the debtor's control.  This must generally be a permanent issue, not a short term issue.  For example, if the disability is short term and you will be able to return to work in a few months your loans will not be discharged.3. Debts owed to government agencies.  This can include traffic tickets, fees associated with criminal charges, criminal restitution, and taxes.  In some circumstances, where taxes were timely filed (or filed at least two years prior to filing the bankruptcy) and they are more than three tax years old, the debt may be dischargeable. 4. Debts related to personal injury or death caused while the debtor was under the influence of drugs or alcohol.  However, fees, fines, and settlements from car accidents not caused while driving under the influence are generally dischargeable.5. Any debt related to fraud or misrepresentation, including embezzlement, larceny, or failure to perform certain fiduciary duties. Keep in mind that it can be considered fraud to not list a creditor on your bankruptcy petition and schedules.  If the creditor does not get notice the debt may not be discharged. 6. Debts incurred very close to filing for bankruptcy, particularly for luxury goods or services.  When anticipating filing for bankruptcy debtors should not make extravagant purchases to avoid any potential issues. If you are unsure about this you should speak with your attorney and explain your intentions and current situation.If you have questions, or would like to schedule a consultation, speak with a St. Louis Bankruptcy Attorney Today!

<p>Many people turn to bankruptcy for help when they are in over their heads financially.&nbsp; Bankruptcy can take care of a number of debts, including unsecured creditors.&nbsp; However, there are some types of debts that are not dischargeable through either a <a title="Myths and Truths about Bankruptcy" href="http://www.lickerlawfirm.com/blog/myths-and-truths-about-chapter-7-bankruptcy-part-iii.cfm">Chapter 7</a> or Chapter 13 Bankruptcy.&nbsp; The list below is intended as guidance, not as an all-inclusive list.&nbsp; If you have specific questions you should contact your attorney.&nbsp; Some examples of non-dischargeable debts are as follows:</p><p>1. Domestic support obligations.&nbsp; These may include any child support, alimony, or any other payment ordered by the court that related for family care and support.&nbsp; This can category would also include divorce and separation agreement settlements.</p><p>2. Student loans are not generally dischargeable.&nbsp; However, in very extreme cases they may be dischargeable if there is an extreme hardship.&nbsp; Generally this will be limited to cases where the debtor is unable to work or pay the student loans for some reason out of the debtor's control.&nbsp; This must generally be a permanent issue, not a short term issue.&nbsp; For example, if the disability is short term and you will be able to return to work in a few months your loans will not be discharged.</p><p>3. Debts owed to government agencies.&nbsp; This can include traffic tickets, fees associated with criminal charges, criminal restitution, and taxes.&nbsp; In some circumstances, where taxes were timely filed (or filed at least two years prior to filing the bankruptcy) and they are more than three tax years old, the debt may be dischargeable.&nbsp;</p><p>4. Debts related to personal injury or death caused while the debtor was under the influence of drugs or alcohol.&nbsp; However, fees, fines, and settlements from car accidents not caused while driving under the influence are generally dischargeable.</p><p>5. Any debt related to fraud or misrepresentation, including embezzlement, larceny, or failure to perform certain fiduciary duties. Keep in mind that it can be considered fraud to not list a creditor on your bankruptcy petition and schedules.&nbsp; If the creditor does not get notice the debt may not be discharged.&nbsp;</p><p>6. Debts incurred very close to filing for bankruptcy, particularly for luxury goods or services.&nbsp; When anticipating filing for bankruptcy debtors should not make extravagant purchases to avoid any potential issues. If you are unsure about this you should speak with your attorney and explain your intentions and current situation.</p><p>If you have questions, or would like to schedule a consultation, speak with a<a title="St. Louis Bankruptcy Attorney" href="http://www.lickerlawfirm.com"> St. Louis Bankruptcy </a>Attorney Today!</p>

If I file bankruptcy today will my paycheck still be garnished tomorrow?The short answer is yes.  However, there are several things to keep in mind:If you are being garnished, you are likely filing bankruptcy to stop that garnishment. Filing bankruptcy will stop the garnishment. Creditors are not allowed to collect from you while you are in the bankruptcy. However, given that payroll is likely done several days before you are actually paid, the garnishment may continue 1-2 paychecks after the bankruptcy is filed.  It is not as simple as filing and the garnishment stopping. Here is what has to happen:You file bankruptcy (making sure you list the creditor that is garnishing as well as the attorney for that creditor so that they can receive notice).After filing, have your attorney contact the creditor’s attorney and give them notice of the bankruptcy and request a release of garnishment. The creditor’s attorney then has to process this request and then send notice of the release of garnishment to both your attorney and to your employment to stop the garnishment.Once your payroll department receives the garnishment they release the garnishment and stop deducting from your paychecks.This can happen in 1 day or in 1-2 weeks depending on how quickly the creditor and the payroll department move. However, if you are garnished AFTER the filing of the bankruptcy any money taken will be returned to you but again the time that this takes can range from a few days to a few weeks based on the creditors attorney and your payroll department depending on who has the money when the notice if received.To avoid all of the above, file the bankruptcy because you even receive a garnishment, a judgment or a summons. If you are in debt and cannot afford to pay your way out of debt, consult a bankruptcy attorney.

You file bankruptcy and surrender your home through the bankruptcy. You do not have to worry about the house anymore right? Wrong! The bankruptcy takes care of your legal liability for the DEBT on the house. It does not remove your name from the deed of the property, meaning you are still the owner until the bank forecloses.Steps to Take When Surrendering a Property Through Bankruptcy:1. Purchase hazard insurance to cover any problems that arise while the house is vacant. A regular home owner's policy does not cover damage that occurs when the house is vacant.2. Winterize the home (if applicable): draining water from the pipes and/or leaving the heat on so the pipes do not freeze or burst.3. Maintain yard (if applicable): cut grass and trim as necessary to avoid citations from the city/county.Failure to do so can result in penalties and fines: Failing to have insurance or winterize the house will not affect the bankruptcy, HOWEVER:If the house is vandalized and/or the pipes burst the city/county will come after the owner of the house to fix the problems.The bankruptcy only takes care of the loan on the house, not the deed. It is the debtor's property until a sale occurs to transfer ownership.Fines or repair bills that arise after the filing of the bankruptcy are not part of the debts that are discharged.Example: Debtor files bankruptcy and surrenders the real estate and moves out.  The house is vandalized and the mortgage company delays foreclosure. The debtor did not keep insurance on the house. The debtor now is not liable on the loan, but also cannot sell the house in the present condition, especially since the lien is against the property. The debtor is being told to board up the windows, pay fines, etc. Problem: Debtor cannot force the mortgage company to foreclose if it does not want to. The debtor is then stuck with the property including cutting the grass in the summer and winterizing it in the winter.   

<p><span style="font-size: 12pt;"><strong>If I file bankruptcy today will my paycheck still be garnished tomorrow?</strong></span></p><p><span style="font-size: 12pt;">The short answer is yes.&nbsp; However, there are several things to keep in mind:</span></p><p><span style="font-size: 12pt;">If you are being garnished, you are likely filing bankruptcy to stop that garnishment. Filing bankruptcy will stop the garnishment. Creditors are not allowed to collect from you while you are in the bankruptcy. However, given that payroll is likely done several days before you are actually paid, the garnishment may continue 1-2 paychecks after the bankruptcy is filed.&nbsp; It is not as simple as filing and the garnishment stopping. Here is what has to happen:</span></p><ol><li><span style="font-size: 12pt;">You file bankruptcy (making sure you list the creditor that is garnishing as well as the attorney for that creditor so that they can receive notice).</span></li><li><span style="font-size: 12pt;">After filing, have your attorney contact the creditor&rsquo;s attorney and give them notice of the bankruptcy and request a release of garnishment. The creditor&rsquo;s attorney then has to process this request and then send notice of the release of garnishment to both your attorney and to your employment to stop the garnishment.</span></li><li><span style="font-size: 12pt;">Once your payroll department receives the garnishment they release the garnishment and stop deducting from your paychecks.</span></li></ol><p><span style="font-size: 12pt;">This can happen in 1 day or in 1-2 weeks depending on how quickly the creditor and the payroll department move. However, if you are garnished AFTER the filing of the bankruptcy any money taken will be returned to you but again the time that this takes can range from a few days to a few weeks based on the creditors attorney and your payroll department depending on who has the money when the notice if received.</span></p><p><span style="font-size: 12pt;">To avoid all of the above, file the bankruptcy because you even receive a garnishment, a judgment or a summons. If you are in debt and cannot afford to pay your way out of debt, consult a bankruptcy attorney.</span></p>