Tag Archives for " Chapter 7 "

Personal Injury Claims in Bankruptcy

Personal Injury Claims

Personal Injury Claims are not exempt in Bankruptcy Is My Personal Injury Claim Protected in Bankruptcy? Answer:   No, personal injury claims are not protected in Missouri Bankruptcy. Often, I speak with clients who have on-going cases involving an automobile accident.  Many times, it’s the cost associated with such accidents that in part, leads them to […]

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Reaffirmation Agreements

Reaffirmation Agreements in Chapter 7 Bankruptcy “To Reaffirm or Not to Reaffirm, That is the Question!” What is a Reaffirmation Agreement? A reaffirmation agreement in a Bankruptcy is a legally enforceable agreement to repay all or a portion of a debt. In order for the agreement to be valid the creditor must sign the agreement as […]

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Do I Make Too Much to File Bankruptcy?


Calculating Income in Chapter 7 Bankruptcy Answering the Question of: Do I Make Too Much? I hear this question on a regular basis; “Do I make too much to file?”  Although the question seems basic, the answer is actually quite complex. I wanted to write this article to answer an initial consideration, before the above […]

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Bankruptcy Requirement: The “Highest Available Balance”


Bankruptcy Requirement:  Account Balances The “Highest Available Balance: On The Day of Filing Shortly after filing a Chapter 7 Bankruptcy in St, Charles County,  you’ll be asked by your lawyer to provide several additional documents to the Trustee pursuant to Bankruptcy Rule 4002 prior to your 341 Meeting.  One of these bankruptcy requirements is proof of […]

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Required: Providing Your Most Recent Paystubs to The Trustee


341 Requirement:  Providing Paystubs to The Trustee Watch for the “Filing Letter” Immediately after filing your Chapter 7 Bankruptcy, I’ll send you what we call a “Filing Letter”  Read it carefully as there are important requirements and dates that must be adhered to.  Generally, we do not send out reminders after that letter, so store […]

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The Means Test

  The Means Test in Bankruptcy   The means test in bankruptcy was part of the new bankruptcy law (BAPCPA) passed in 2005.  It is seen as the gateway to Chapter 7 eligibility.  It answers the question “Do I Qualify for Bankruptcy?”  An individual or couple must enter their income and allowable expenses in an elaborate […]

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What is a Reaffirmation Agreement?

Reaffirmation Agreements in Bankruptcy A reaffirmation agreement is a legally enforceable agreement to repay all or a portion of a debt that would otherwise have been discharged in your bankruptcy.  In order for the agreement to be valid the creditor must sign the agreement as well as either your attorney or the Judge.  This is […]

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Secured Debts in Bankruptcy – Defined

What Are Secured debts? Secured Debts are debts that are ties to your property such as car loans and home mortgages.  Better stated, secured debts are those which the creditor has a claim which secured by property of the bankruptcy estate in accordance with a duly perfected security interest (generally defined as a lien which had […]

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Obtaining Your Credit Report

Obtaining Your Credit Report Whenever filing a Chapter 7 or Chapter 13 Bankruptcy, it is always a good idea to review your credit report.  Be careful!  Do not go to the advertised websites, or call the numbers on television following paid advertisements.  Generally, ok, always, this is a scam.  There is NO reason why a […]

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