The biggest reason why one would file for a Missouri Chapter 7 Bankruptcy is that it is a quick approach to getting out of debt. . Although other Bankruptcy chapters may also be viable options, being eligible for Chapter 7 filing provides a huge advantage in attaining debt relief relatively quickly. That’s why it’s very important that you’re at least familiar with the basic steps in filing a Chapter 7 Bankruptcy in Missouri since your decision to go through the process can greatly impact your long-term financial affairs.
Financial troubles are often a result of sudden and unexpected changes in your life, like losing your job, health issues, going through a divorce, existing credit card debt, and accidents. Through Chapter 7 Bankruptcy, you are given a chance to get back on track financially while also avoiding the stress of having to continuously deal with a harassing creditor.
If you do not know how to file Chapter 7 Bankruptcy, you would definitely benefit from the legal services of Westbrook Law Group. Choosing us to be your partner will help save you a ton of time, energy, and resources. Give us a call and schedule an appointment with a reliable St. Charles, MO Bankruptcy attorney!
Why Do I Need a Bankruptcy Attorney in Missouri?
No matter how much you owe, going through the basic steps of filing a Missouri Chapter 7 Bankruptcy can be taxing and could greatly affect your mental health. Nevertheless, being in this situation and not being sure what to do must not hinder you from receiving the help you deserve. By letting a professional handle the complicated issues of your bankruptcy case, you move a step closer to getting the fresh start you seek.
Besides having someone giving you helpful information on filing Chapter 7 Bankruptcy, you must be with an attorney who:
- Specializes in helping all clients recover financially through bankruptcy.
- Is committed to Missouri bankruptcy law and advocates for the rights of everyone suffering from financial problems.
- Educates every client on handling debt obligations properly, no matter how burdensome.
- Assists each individual or group in protecting their assets and other things which are of great value to them.
- Will carefully walk you through each step of the bankruptcy process while making sure you use all your resources wisely.
If your debt is bothering you constantly, receive excellent debtor education by speaking with a Missouri Bankruptcy attorney from Westbrook Law Group LLC right away!
What is Chapter 7 Bankruptcy?
Also called Liquidation Bankruptcy or Straight Bankruptcy, a Missouri Chapter 7 Bankruptcy involves the gathering and selling of some or all your assets which are NOT protected by Missouri bankruptcy exemptions. Chapter 7 bankruptcy will most likely result in you losing much of your property, making it crucial to know if you have exempt property before choosing to go through the process.
Unlike Chapter 13 Bankruptcy, the reason why more people choose to petition for Chapter 7 is its ability to quickly wipe out most or all of your debt. To find out if filing for this chapter would be the right move, below are the basic steps in filing a Chapter 7 Bankruptcy and a brief overview of what needs to be done for each step:
Step 1: Analyze your Debt and Current Situation
First of all, you must know the difference between the debts you can be discharged from in Chapter 7 Bankruptcy filing and which will remain.
According to the Bankruptcy code, dischargeable debts include medical bills, credit card bills, personal loans, car leases, and certain membership dues.
On the other hand, non-dischargeable debts are the ones under spouse and child support, recent tax debt, and most student loans.
Step 2: Determine Which of your Assets Can Have Bankruptcy Protection
If you’re wondering which of your property will NOT be taken away from you, knowing about Bankruptcy exemption laws gives you the ability to properly protect what’s yours. Most Chapter 7 petitioners get to keep their household appliances, furniture, clothes, certain business tools, some home and car equity, and prescribed medical equipment.
Step 3: Make Sure that You Qualify to File Under Chapter 7
This can be done by taking and passing the Chapter 7 Bankruptcy Means Test where your gross monthly income during the last 6 months prior to filing multiplied by two will be compared to the state median.
In order to pass the means test, your gross monthly income needs to be the same or less than the state median. Otherwise, the Bankruptcy court will instead recommend that you try achieving debt relief through Chapter 13 Bankruptcy.
Step 4: Attend a Credit Counseling Course
One of the requirements before Chapter 7 Bankruptcy filing is for you to complete a credit counseling course within 180 days after submitting your bankruptcy petition. The class can be taken either in person or virtually and must be given by an approved credit counseling agency.
In rare cases, the filer will be allowed to take the course shortly AFTER the 180 days. Talk to an experienced St. Charles Bankruptcy lawyer to know more about this requirement.
Step 5: Fill Up Necessary Chapter 7 Bankruptcy Forms
When filling out the bankruptcy forms needed to support your petition, you must tell the Bankruptcy Court everything they need to know about your debts, expenses, property, income, and anything else that should be disclosed. Make sure to be truthful about everything you write in each Chapter 7 Bankruptcy form.
In addition, you must pay a filing fee which the Bankruptcy court can either waive or split into 4 payments. Ask your Missouri Bankruptcy attorney about any form submission deadlines to remember.
Step 6: Send All Required Documents and Meet with the Bankruptcy Trustee
A Bankruptcy Trustee will be responsible for verifying the accuracy of all information you provided in the bankruptcy forms and other attachments you submitted. The Chapter 7 Trustee will also confirm your identification during the 341 creditors meeting. This meeting is usually done face to face, though online meetings are also allowed as they’re cheaper and safer to conduct than in-person sessions.
Step 7: File Necessary Motions and Objections, If Any
This step is optional. However, filing objections and motions may be necessary especially when trying to eliminate Chapter 7 liens and dispute claims made by your creditors. Matters like these need to be addressed before closing your Bankruptcy case.
Step 8: Finish a Debtor Education Course
The last step you must take before being discharged of your debt is to complete a debtor education course that will teach you how to stay out of debt for a long time. Note that if you fail to submit the bankruptcy discharge order to court, your case will be dismissed which could result in more fees and added stress. Talk to your Bankruptcy lawyer to make sure all needed documents get submitted on time.
Call Our St. Charles Bankruptcy Attorney Now
There are several reasons why someone suddenly incurs too much debt. Having to keep dealing with mountains of credit card debt and student loan debt or suffering from a bad credit score could break even the most resilient individuals.
The good news is that Westbrook Law Group LLC has a proven track record of giving great legal advice on countless bankruptcy cases and has helped thousands of people successfully get over their financial troubles.
If you need reliable information about the basic steps in filing a Chapter 7 Bankruptcy or if you think filing Chapter 13 Bankruptcy suits you better, receive FREE initial consultation from our bankruptcy lawyer by visiting the Westbrook Law Group law office today!
