Articles from St. Charles Bankruptcy Attorney

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Student Loan Lawsuits

Submitted by Anonymous (not verified) on Tue, 09/02/2014 - 02:48

We meet people almost every day that have large student loan payments.　 Unfortunately, as we have discussed in the past, most student loans are not dischargeable.　 While the payments can be made through a Chapter 13 Bankruptcy, they will not be discharged.　 While we try to assist our clients in any way possible, the bankruptcy code and case law somewhat limit us in this area.　 This can leave our clients unsure of how to proceed.　 A quick internet search of loan options will produce an overwhelming amount of information, and much of that information is contradictory to other sources.　 It

Bankruptcy and Continuing Medical Care

Submitted by Anonymous (not verified) on Sat, 02/22/2014 - 18:38

When considering filing for bankruptcy there are a number of factors to evaluate. Many of our clients are facing serious financial and emotional losses, perhaps even including foreclosure of a home or repossession of a vehicle. We can help with these issues and many others. When you file a bankruptcy petition creditors are not permitted to keep contacting you for payment. Now, there are some exceptions; for example, if you want to keep your house you may find it easiest to discuss small matters (like a payment address or a change in escrow accounts) directly with your lender.

Why Can the Trustee Require me to Turn over my Income Tax Refund?

Submitted by Anonymous (not verified) on Thu, 02/13/2014 - 01:20

Often we receive inquiries as to why the trustee in a chapter 7 bankruptcy case is requesting a debtor's income tax refund.  The client will call and state that they received word that their trustee filed a notice stating he is taking an interest in the debtor's income tax return, meaning he is going to hold the debtor's case open until they receive their tax refund, and then determine if  they need to turn over any portion of it.  If the trustee determines that there is an unexempt portion of the refund, he will require the debtor(s) to turn over a certain portion of it.  The notice the tr

Modifications in Family Law

Submitted by Anonymous (not verified) on Sun, 11/03/2013 - 04:17

Modifications in Family LawQ: What is a motion to modify?
A: A request made to the court to change an existing court order because of a change in circumstances.Q: What types of orders can be modified?
A: Divisions of property and debt from divorce usually cannot be modified. Spousal support also known as alimony or sometimes can sometimes be modified depending in the original order. Child support and child custody can be modified if there is a change in circumstances.Q: What is a “change in circumstances” for the purpose of a modification of child support?

Family Law FAQ's

Submitted by Anonymous (not verified) on Sun, 11/03/2013 - 04:12

Both prospective and current clients often times ask similar questions. In an attempt to answer some of the most frequent asked questions that are asked of our firm, we are creating this article to help answer so of those so frequently asked questions. Some of the most commonly asked questions specific to a case require legal advice and therefore will not be listed here. For legal advice on your specific situation you should contact our office for a consultation. Below are general answers and therefore may not apply directly to your scenario. Q: How much is this going to cost me?

My Case Was Dismissed, Now What? Chapter 7 Part 2

Submitted by Anonymous (not verified) on Thu, 10/17/2013 - 17:47

My Case Was Dismissed, Now What? Chapter 7 Part 2 Your bankruptcy case was dismissed and now you want to know what options you have. It first depends on what chapter of bankruptcy you filed and then on why the case was dismissed.Chapter 7It is not so common that a Chapter 7 is dismissed. The only obligations that a Debtor has after the filing of a Chapter 7 is to attend the Trustee’s 341 Meeting of creditors, complete the Financial Management Course, also known as the 2ndcertificate or FMC, and providing any requested information to the trustee.

My Case Was Dismissed, Now What? Chapter 7 Part 1

Submitted by Anonymous (not verified) on Thu, 10/17/2013 - 17:34

My Case Was Dismissed, Now What? Part 1Your bankruptcy case was dismissed and now you want to know what options you have. It first depends on what chapter of bankruptcy you filed and then on why the case was dismissed.Chapter 7It is not so common that a Chapter 7 is dismissed. The only obligations that a Debtor has after the filing of a Chapter 7 is to attend the Trustee’s 341 Meeting of creditors, complete the Financial Management Course, also known as the 2ndcertificate or FMC, and providing any requested information to the trustee.

My Case Was Dismissed - Now What?

Submitted by Anonymous (not verified) on Mon, 10/14/2013 - 22:29

My Case Was Dismissed - Now What?

Taxes were due prior to filing. They are discharged right?

Submitted by Anonymous (not verified) on Sat, 09/21/2013 - 01:02

Taxes were due prior to filing. They are discharged right?The answer is, it depends. Taxes and their dischargeability depend on the type of taxes, what tax year they are form, when they were filed, when they were assessed and whether they are now secured by any real estate.We will discuss the most typical type of taxes that Debtors want to discharge. That is state and/or federal income taxes. In order to taxes to be discharged they must meet the following criteria:

    My car got repossessed. There is nothing I can do to get is back right?

    Submitted by Anonymous (not verified) on Sat, 09/21/2013 - 01:01

    My car got repossessed. There is nothing I can do to get is back right?Wrong, depending on when you take action. You an often contact your creditor, make the payment to become current and they will return the vehicle. However, you probably do not have the money to become current or you would have paid it before it was repossessed. So now what?You can file a Chapter 13 bankruptcy, again depending on when you take action. If you contact our office prior to the car being repossessed we may be able to prevent repossession which will save you on repossession and storage fees.

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