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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

It depends on which kind of creditor is calling you. Is it the original creditor (like the hospital, credit card company, or payday loan giver), or is it a collection agency? Because the two types of creditors are treated differently by the law.

If you are getting rude calls from the original creditor, then the best you can do is to simply hold them off (or try and work something out). However, their job is not to settle the debt owed; it is to get as much money out of you as possible. So the farther you fall behind on your payments, the nastier they will get with their calls (and the number of calls will increase dramatically). And unfortunately, there isn’t a whole lot regulating their conduct. Legally, they can call you all day and all night long if they wish (it may be rude to do so, but it certainly wouldn’t be illegal). They can come to your house, pound on the door, stand outside your house for hours on end. There is very little that prevents them from collecting.

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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

Yes, it makes all the difference in the world. The level of experience of your attorney, and his or her knowledge of how the Bankruptcy Code works, can sometimes make the difference between whether or not you get to keep your assets (and that’s a very big deal indeed!!)

When our firm files a St Louis bankruptcy (regardless of whether it is a Chapter 7 or Chapter13), we have two main goals in mind: 1) we want to get all of your debt taken care of (either discharged in a Ch7, or consolidated in a Ch13); and 2) we want to make sure all of your assets are protected.

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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

There really isn’t a “perfect” time to file a St Louis bankruptcy. The timing of your filing is going to be greatly dependent on a number of factors (some of which may apply, some may not). Below is a description of some of the things that play a significant role in an individual’s decision-making process:

A lot of people will ask me if their debt levels need to reach a certain point before they file for bankruptcy (there isn’t), or if they have to first fall behind on their debts for a certain period of time before filing (you do not), or even if they have to wait until the debts get turned over to a collection agency (which is not necessary at all). In fact, there is no date or point in time that you have to file; indeed, every situation is a little bit different.

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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

Yes, you can. In fact, I have many clients who come in to see me for a consultation because they have recently been sued by a creditor, and they want to get it taken care of through their bankruptcy. This is one of the nice benefits of filing for bankruptcy in St Louis.

If you fall behind on your debts, the creditor will end up calling you non-stop and harass you about making on time payments. But if you are unable to make any more payments, then eventually the creditor (or the collection agency that they pass the debt off to) will sue you under a breach of contract theory.

Once the lawsuit is filed, they must serve you with a summons. A summons is basically a large document that gives you all the information you need about the case filed against you (the date of the initial hearing, the address of the court, what type of case it is, etc.).

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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

Your household income is the single biggest factor in determining which chapter of bankruptcy you may file. In a nutshell, if you are below the median income for your particular household size, then you can probably file a St Louis Chapter 7. But if you are above the median income (or at least above this level after all deductions may be taken), then the court will require that you file a St Louis Chapter 13. Below is a description of how it all works:

The Federal Bankruptcy Code clearly sets out who may file a Chapter 7. If you are below the median income level for your particular household size, and you have not filed a Ch7 within the last eight (8) years, then you may file a Ch7. What is the “median income level” for your household size? That is the main question when it comes to bankruptcy law.

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ONLY $300 UPFRONT ATTORNEY FEES FOR A ST LOUIS CHAPTER 13

More often than not, an individual (or married couple) will file a St Louis Chapter 13 because he/she has no choice. In other words, it is the most viable option, or the court will not allow him/her to file a Chapter 7. Below is a brief description of some examples:

If you are facing a home foreclosure (or a car repossession), the Chapter 13 makes the most sense. It will stop the creditor from moving forward with the foreclosure (or repossession) and get you into a repayment plan (spread out over a number of years) so that you can come current. This plan will hopefully make it easier for you to keep your assets.

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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

There are many benefits to filing for bankruptcy in St Louis. Some of which are fairly obvious, but there are a number of benefits that are a bit subtle. Below is a list of some of those benefits:

  1. When you file a St Louis Chapter 7, all of your unsecured debt is knocked out (things like credit cards, medical bills, and payday loans are all discharged)
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ONLY $300 UPFRONT ATTORNEY FEES FOR A ST LOUIS CHAPTER 13

Yes, it will. So long as the bankruptcy petition is filed before the actual sale takes place. The main tool used in this type of situation is a St Louis Chapter 13.

Once you fall behind on your monthly mortgage payments, the creditor will start calling you about getting caught up. If you do not get caught up, the creditor will eventually send the matter to their attorney. The attorney will then send you a couple letters about their intent to foreclose on the note. And the last letter you will receive will be a formal notification of the foreclosure sale date (this last notice is almost always sent by way of a certified mailing).

At that point, you have a limited number of options. You can of course let the property go, and simply walk away. But if you want to keep the real estate, then you will either need to come up with a lump sum to come current, or file a Chapter 13.

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ONLY $300 UPFRONT ATTORNEY FEES FOR A ST LOUIS CHAPTER 13

It depends on how many payments you fall behind. As a general rule, a car creditor will initiate repossession activity at two to three months of non-payment. But it could happen sooner than that. However, the creditor must follow certain rules in order to repo the vehicle. And if those rules are not followed, then a subsequent repossession of the car could be a violation of the law.

When you finance a vehicle, you sign certain documents (like the purchase contract). Within those documents is a brief description of the remedies the creditor may take when you fail to make your monthly payments on the contract. One of which is the ability retake possession of the car.

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ONLY $675 ATTORNEY FEES FOR A ST LOUIS CHAPTER 7

If you file a St Louis Chapter 13, but you end up in a position where you can no longer make your regular monthly payments to the Bankruptcy Trustee, then there are a couple of different options. But those options may or may not apply to the facts of your case. Below is a brief description:

To begin with, a Chapter 13 is described as a repayment plan over the course of three (3) to five (5) years during which you pay back certain debts (most notably, mortgage arrearage, car notes, back taxes, back child support, and sometimes a portion of your unsecured debt). There is a monthly payment that must be made, and if you fall behind by two or more payments, the Trustee will file a Motion to Dismiss your case. And if you do not get caught up, the court will grant the motion, and your case will be dismissed.

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St. Louis, MO
By Appointment Only
4625 Lindell Blvd
St. Louis, MO 63108
 Phone: (314) 932-1067
 Fax: (314) 596-4331
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