St. Louis Bankruptcy Lawyers Blog

Yes, you certainly can. But timing is of the essence. So if your car was recently repo'ed, then you will need to move quickly.

One of the main reasons why someone might contemplate a St. Louis Chapter 13 bankruptcy is a repossessed car that they wish to keep. So long as the case is filed during the period of time that the car creditor still has the car in its possession, filing a bankruptcy will prevent the creditor from re-selling the car. By Missouri law, the car creditor must hold on to the repossessed car at least ten (10) days after taking the back the automobile before it can turn around and sell it again. If your St. Louis bankruptcy is filed before that time, then you can get your car back.

A Chapter 13 not only allows you to get the car back, but it also allows you to repay the loan at a much lower interest rate. As of April 22, 2013, the interest rate on loans used by the bankruptcy court is 3.12%. That is usually quite a bit lower than the rate of interest used by most creditors (which can sometimes be as high as 25% or more). This repayment plan can therefore shave off several thousands off of what you would have owed otherwise.

In addition, the repayment plan of a St. Louis Chapter 13 includes any tax debt you might owe (income tax, personal property tax, sales tax, etc), any back child support, and any arrearage on your mortgage (i.e. the amount you have fallen behind on). This consolidation of debts is supposed to make things much easier for you as you move forward with life

An experienced St. Louis bankruptcy attorney can make sure that your car is kept safe from your creditors, get rid of any unsecured debt that you may have (like credit cards and medical bills), and help put you on a path towards financial success. All of our staff at Brinkman & Alter, LLC take pride in answering all of your questions promptly, describing your full range of options, and creating a fresh start / clean slate.

We have two main offices: in the Central West End of St. Louis, at 1 North Taylor, 63018; and the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), 63019. The initial consultation to discuss your case is free of charge. So call today to learn more!!

Yes, you absolutely can. In fact, having high medical bills is one of the biggest reasons why someone chooses to file a St. Louis bankruptcy.

The amount that hospitals charge for medical services is extremely high. A recent report done in Time Magazine shows just how ridiculously high. In one example, the author cites how hospitals will routinely charge $10 per aspirin (when you can buy a bottle of 100 aspirin on Amazon for two or three dollars). And that's just for aspirin!! So you can see how quickly these bills add up. In the end, it's not unusual to see a medical bill in the tens of thousands of dollars (and that's even when you have decent insurance).

But a St. Louis bankruptcy attorney can get these bills discharged. Medical-related debt is described as "unsecured" debt. This means that there is no collateral attached to it. In other words, if you don't pay the bill, it's not as if the doctor is going to come and repossess the stitches she sewed into you.

Once the debt is discharged, the hospital or doctor's office can no longer contact you about the debt (or demand payment, or turn it over to a collection agency, or harass you about it). This would be true for the rest of your debt as well (like credit cards, payday loans, old cellphone bills, utility bills, overdrawn bank accounts, etc).

In addition, if you are dealing with a wage garnishment, or a bank levy, or if one of your creditors has filed a lawsuit against you, then a St. Louis bankruptcy lawyer can stop (or get rid of) this, too. So for instance, if you have an overdue medical bill to Barnes Jewish and they have passed that debt on to a collection agency, and the agency sues you for breach of contract, and they get a judgment that allows them to garnish your wages: filing for bankruptcy in St. Louis will put an end to the garnishment, get rid of the judgment, and discharge the underlying debt owed to BJC. All in one fell swoop.

The experienced St. Louis bankruptcy attorneys at Brinkman & Alter, LLC have been taking care of people's debt for over ten (10) years. Our goal is to get rid of all your creditors, make sure you keep all of your assets, and get you the fresh start / clean slate that you need in order to move forward with life.

We have two locations: in the Central West End, at 1 North Taylor, St. Louis, MO 63108 (on the corner of Taylor and Laclede); and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), 63019. The initial consultation is free of charge. So call today to learn more!!

Yes, you do. The court does not allow you to pick and choose which debts will be included, and which will not. But there are a few wrinkles to that general rule.

To begin with, there are three main types of debts: 1) secured debts (such as a mortgage or car loan); 2) priority debts (such as taxes and child support arrearage); and 3) unsecured debts (such as credit cards, payday loans, and medical bills). Let's look at an example of each category, and see how a St. Louis bankruptcy affects them.

An automobile loan on your vehicle is a common debt. It is considered to be "secured" because the debt has collateral (i.e. the car itself). When you file for bankruptcy, the debt owed to the car creditor has to be listed, but that doesn't mean you have to lose the car. Most often, people wish to retain ownership of the vehicle. And this goal is normally achieved. The main question is whether or not the car has a great deal of equity. If indeed the car has much more than $3,000 of equity (or $6,000 if you are filing jointly with your spouse), then it is possible the Bankruptcy Trustee will want liquidate the vehicle. So for example, if you have a car that has a loan against it for $10,000, and the car is worth about $12,000, then your state exemption of $3,000 will more than cover any equity that exists. (12K - 10K = 2K; but the 3K exemption that the state gives you covers the 2K of equity). In this kind of situation, you can keep your car and continue making payments on it.

Tax obligations are considered to be "priority," meaning they cannot typically be discharged. But even though they cannot be knocked out, it is still necessary to disclose the amounts owed. In a St. Louis Chapter 7, you can make arrangements to pay on the tax debt after your case has been discharged (usually three to four months after you file). And in a St. Louis Chapter 13 bankruptcy, that debt is paid back over the course of three to five years.

The last category of debt is described as "unsecured". This would be things like payday loans, credit cards, old cell phone bills, medical bills, etc. All of these debts must be listed, too (even if you have a million of them!) A frequent question that I will get is: "Can I leave this medical bill off? I really like my doctor." Having a good relationship with your doctor is great, but unfortunately, you cannot leave them off the bankruptcy schedules. Of course, if you wish to make good on a debt owed to your doctor, you can certainly pick up that tab after you get a discharge on the rest of your debts. It's just that you will not have any obligation to pay towards those debts.

We have two main offices: in the Central West End of St. Louis, at 1 North Taylor, 63018; and the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), 63019. The initial consultation to discuss your case is free of charge. So call today to learn more!!

No, you do not. You given the option to retain your home (with certain qualifications) when you file a St. Louis bankruptcy. But such an asset has to be listed in your bankruptcy nonetheless.

For most people, real estate is the most important and valuable asset they own (not to mention the fact that it is the place where you and your family happen to live). So the idea of losing such a prized possession causes quite a bit of nervousness. But the main question to answer in such a situation is whether or not the house has significant equity. The answer to that question will help determine the outcome of your house (and also what chapter of bankruptcy you will file).

First of all, the state of Missouri allows for a $15,000 exemption to cover any equity that may exist in your home. So let's say that your home has a loan against it for $100,000. And you believe that the fair market value of the home (in other words, what you realistically think the house would sell for if you were to put it on the market) is $110,000. In this situation, the 15K exemption that the state provides would more than cover the equity in your home. As a result, there is nothing the Bankruptcy Trustee or court can do with it. So if you wish to retain the real estate, you would just continue to make your regular monthly payments to the creditor. Of course, the value of your home may be less than what you owe. In this kind of situation, the house is upside down, and obviously no equity exists at all. Keeping your home with these kinds of numbers is easy.

But let's say you are one of the lucky ones who actually has a lot of equity in your home. What happens then? Well, if the goal is to keep the house, then a St. Louis Chapter 7 bankruptcy isn't going to help too much. If you file a Chapter 7 in which a piece of real estate has a great deal of equity, the Bankruptcy Trustee will likely sell the asset and use the proceeds to pay towards your unsecured creditors. So if you have a ton of equity, then it is good bet that you will have to file a St. Louis Chapter 13. This type of bankruptcy allows you protect your home, regardless of the amount of equity that may exist. The only difference is that you will most likely have to pay a portion of your unsecured debt back.

Either way, it is of vital importance that you seek the advice of an expert St. Louis bankruptcy attorney when you are contemplating bankruptcy in Missouri. We have two main offices: in the Central West End of St. Louis, at 1 North Taylor, 63018; and the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), 63019. The initial consultation to discuss your case is free of charge. So call today to learn more!!

Yes, absolutely! Probably the biggest misperception that people have when they meet with me is the idea that their credit rating or score will never recover after filing for bankruptcy. Like they will never again be able to finance a car, or get a home loan, or even take out another credit card. But the exact opposite is true.

The government describes a St. Louis bankruptcy as a "fresh start / clean slate". It is a chance to wipe the slate clean so that you can start fresh. It's a chance to pick yourself back up, and rebuild your financial life (and in many cases, your emotional well-being, too). This fresh start begins the moment you file you case. At that very moment, the bankruptcy court wraps a protective shield around you called the "Automatic Stay". This is a fancy way saying that none of your creditors can come after you any longer. They can never try and contact you by phone, or mail, or in any way demand money from you ever again. Wage garnishments automatically stop, bank levies are unfrozen, foreclosure sales are prevented, car repossession are halted, and lawsuits are withdrawn.

This provides pretty much instant relief from the stress you've been experiencing, and gives you an immediate chance to start rebuilding your credit. For example, the average bump from a discharge in a St. Louis Chapter 7 is about 30-40 points. That's not a huge number, but it gives you that initial start towards reaching your goals. And on average, people begin to see their credit score get back to where it should be within 18 months after filing a case.

So financing a new car is easily done very soon after filing; getting a new credit card can be accomplished within days of receiving your discharge; and negotiating a mortgage loan for a new house can be done within a couple years.

If you were under the impression that it would take much longer to accomplish these goals after a St. Louis bankruptcy, that's not surprising. As I mentioned at the beginning, the biggest misperception I hear from people is the idea that they will never again be in a position to rebuild. But then the whole point of filing a bankruptcy is to do just that. And the number of individuals who have filed in the past, but who have then gone on to greatness, are too numerous to list here.

But the first step in this process is choosing the right St. Louis bankruptcy attorney. Our staff and lawyers have decades of experience. We want first and foremost to make sure that all of your questions are answered, all of your options are fully explained, and that we put you on the road to financial regrowth. We have two main offices: in the Central West End of St. Louis, at 1 North Taylor, 63018; and the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), 63019. The initial consultation to discuss your case is free of charge. So call today to learn more!!

You simply tell them to stop calling you. It's literally just as simple as that. Of course, that doesn't mean that the collection agency will follow your instructions. Or follow the law.

St. Louis collection agencies are bound by the FDCPA (Fair Debt Collections Practices Act). It is a federal statute that tightly regulates what a debt collector can and can't do when they try to collect on a debt. But chances are you've never heard of the FDCPA. If so, you are like most people (whenever I mention this law to clients, they usually stare at me blankly).

But just because you've never heard of it, that doesn't mean the St. Louis debt collectors get a free pass. They must still obey each and every tenant of the law. So let me give you a few examples of how a debt collector might violate your federal rights: 1) they can threaten you with a lawsuit; 2) they can harass you, call you names, or try to intimidate you; 3) they can leave you a voicemail that does not identify themselves as a debt collector (trying to collect on a debt); 4) they can tell you that they have reported the debt to the credit bureau when in fact they have not; 5) they can send you a letter that does not disclose certain rights that you have. And the list goes on and on. In fact, my experience has been that most people have their rights violated without even knowing it.

So what can you do? Well, you can write a cease and desist letter, telling them that you do not want to have anymore contact from them (either by way of phone or letter). But they may continue to come after you even when you do that. You can let them know that you don't have any money to pay. But they can always just keep calling you twenty times a day and harass you for funds you don't have.

What I always suggest to people is simple: the moment you receive the first contact from a collection agency (whether it is a phone call or a letter), contact a St. Louis bankruptcy attorney. The experienced lawyers at Brinkman & Alter, LLC have been holding debt collectors responsible for their actions for years. Our firm will scrutinize each and every thing that the collector has done, determine if they have violated your rights, and file suit against them if necessary.

The remedy for having violated your rights is $1,000. That is obviously not an amount that is going to change your life, but it's something. The other nice thing about the FDCPA is that the St. Louis collection agency has to pay your legal bill. As a result, we never have to charge you a dime for any fees. Let me say that again: we never have to charge a cent in legal fees for any work we do on an FDCPA case because if the collector has violated your rights, they have to pick up the tab.

Call today to ask about how the FDCPA affects you!!

Yes, it will. Filing a St. Louis bankruptcy will also stop a bank levy (in which the creditor puts a freeze on your checking account, making it impossible for you to gain access to your money), it will stop any lawsuits filed against you personally (like when a creditor sues you for breach of contract on a credit card), it will stop a foreclosure of your home, it will stop the repossession of your car, and most importantly, it will give you a chance to rebuild your finances with a fresh start in life.

Wage garnishments are the primary tools that creditors use to get money out of you. But before they can begin to garnish your wages, the creditor must first file a suit against you, have you properly served with a summons, and receive from the judge a favorably ruling (the only exception to this rule is for student loans; the student loan companies do not have to go through these steps, and can simply garnish your wages administratively). Once the creditor has a judgment in hand, it may then execute the garnishment.

Normally, your payroll department will let you know that a garnishment is about to take place, but they are under no legal duty to do so. Legally, the highest percentage that a creditor may take from any one paycheck is 25% of your net earnings (in other words, twenty-five percent of your take-home pay). This can be taken down to 10% if you claim Head-of-Household status.

But if you file for bankruptcy, this wage garnishment is automatically halted, and the underlying debt is discharged. This is true regardless of which chapter of bankruptcy you file: St. Louis Chapter 7 or a St. Louis Chapter 13.

An expert St. Louis bankruptcy attorney at Brinkman & Alter, LLC can help you achieve this result very quickly. We charge $750 in attorney fees for a Chapter 7, and $300 of fees upfront for a Chapter 13. Our goal is to make sure that you get a new beginning in life, get rid of all your unsecured debts (like credit cards and medical bills), and keep all of your assets (like your house and car). We offer a free consultation to discuss your debt issues. We are located at 1North Taylor, St. Louis, MO 63108; and we also have offices in Crystal City, MO, at 1000 Truman Blvd (61/67 Highway), 63019. Contact us today to learn more!! 314-932-1067

In this kind of situation, it is very important to determine what the fair market value of your vehicle is. If there is a great deal of value in the car, then it could be at risk of being liquidated, depending on which chapter of St. Louis bankruptcy you file. But a good St. Louis bankruptcy attorney can make sure that there are no issues with you losing the car.

There are two main types of consumer bankruptcies that people (and married couples) may file. In a St. Louis Chapter 7, there is a Trustee who looks very closely at all of your assets. The reason why the Trustee does this is because he or she is trying to determine whether or not your assets have a good deal of equity (or market value). Part of what you are responsible for when you file is to disclose exactly what you own. This would include bank accounts, cars, houses, stocks and bonds, and even potential claims for personal injury and worker's compensation.

Your St. Louis bankruptcy lawyer will then apply certain state exemptions to these assets in an attempt to keep them safe. For instance, the state of Missouri allows an individual filing for bankruptcy to exempt up to $3,000 of equity (this number jumps up to $6,000 for a married couple). So if you have a 2001 Ford Explorer (that is in only decent shape, and a lot of miles), then the fair market value of the automobile is going to be somewhere in the neighborhood of $2,500. In this scenario, there would be plenty of exemption funds to cover the value of the car (and your car would safe from the Trustee grabbing for liquidation).

But let's change the facts a bit: assume that instead of an older car with a ton of mileage, you own a 2011 Chevrolet Tahoe that is paid in full (in other words, with no loans or liens against the automobile). This kind of car would most likely have a fair market value that exceeds the amount of your exemptions. As a result, it is quite possible that your car would be at risk for liquidation by the Chapter 7 Trustee.

But all is not lost. The other option in the legal world would be to file a St. Louis Chapter 13. Such a filing is described as a repayment plan over the course of three (3) to five (5) years (during which time you pay back certain debts, such as car loans, back child support, tax debt, and mortgage arrearage). In a Missouri Chapter 13, a St. Louis bankruptcy lawyer can protect your car from being liquidated, even if your automobile has a great deal of excess value.

In the end, it is vitally important that you learn what exactly your options are. At Brinkman & Alter, LLC, we want to make sure that you fully understand each chapter of bankruptcy, that all of your questions are answered, and that you are put on the road towards financial freedom.

The primary way in which you stop a home foreclosure is by filing a St. Louis Chapter 13 bankruptcy. Such a filing will stop the foreclosure sale, and put you into a sensible repayment plan to get caught up on the arrearage (i.e. the amount that you have fallen behind on).

When you fall behind on your monthly mortgage payments (because of the loss of a job, or your hours were cut, or the bank increased your loan payments), your lender will eventually move towards a foreclosure. In the past (pre-2008), when you fell behind by about three payments, the bank would start the process. But since 2008 (which is to say, since the beginning of the Great Recession), banks and mortgage lenders are allowing people to go many months before they begin the foreclosure process.

But either way, the bank will eventually seek to remedy the situation by foreclosing on your loan (which in turn allows them to sell your house to the highest bidder). Once you receive the foreclosure notice (which will undoubtedly by send via certified mail), you will have approximately thirty (30) days in which to act. If you take action before the sale date, then there is a chance to save your home with a St. Louis bankruptcy.

An expert St. Louis bankruptcy lawyer can describe how the foreclosure defense system works, and how you can make sure that your home stays safe. So long as a St. Louis Chapter 13 is filed before the sale date, then the mortgage company will have to stop their efforts to move forward with the sale. This will then give you a chance to get caught up on the amount you have fallen behind on (which is far better than trying to come up with a one-time lump-sum to come current).

In addition, the Missouri Chapter 13 gives you an opportunity to pay off car loans (sometimes with a lower interest rate), tax debt, back child support, and perhaps a portion of your unsecured debt (like St. Louis credit cards, medical bills, and payday loans).

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County 63019. The initial consultation to discuss your debt related issues with an experienced St. Louis bankruptcy attorney is free of charge. So contact us today to learn more!!

No, you will not have to surrender you tax refund every year for the rest of your life!! But depending on which chapter of bankruptcy you file, there is a possibility that you may have to turn over a portion of your current refund. Let me explain:

In a St. Louis Chapter 7 bankruptcy, a tax refund becomes an issue if it is large. By large, I mean anything over $2,000. Some people anticipate a refund of four, five, or six thousand per year. If this is the situation, then it depends greatly upon when you actually file your bankruptcy petition. For instance, if you were to file a Missouri Chapter 7 in December, and you anticipated a tax refund of $5,000, then it is going to be very likely that the Trustee will demand that you turnover to him most of that refund (the Trustee will then disperse those funds to the unsecured creditors that are due to be discharged in your case).

But if it is March when you file your St. Louis Chapter 7, and you have already spent the tax refund (on necessities, like household expenses, bills, and/or car repairs), then there will be nothing that the Trustee can take from you. So as you can see, it depends greatly on when you file your Chapter 7. Sometimes a tax refund can be an issue, and other times its no issue at all. It is all in the timing of when you file your case.

In a St. Louis Chapter 13 bankruptcy, you are involved in a repayment plan over the course of three (3) to five (5) years (during which you will pay back certain creditors, like car loans, tax debts, back child support, and mortgage arrearage). During this period of time (the three to five years), you will be required to turnover a portion of your tax refunds to the Trustee. How much of your refund you will be required to turnover will depend on a number of factors (including how many children you have in your household).

Either way, it is very important to seek out the advice of an expert St. Louis bankruptcy attorney. At Brinkman & Alter, LLC, our goal is to make sure that you completely understand what your options are, that all of your questions are answered, and that you are in the best position possible to move forward in life.

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County, MO 63019. We offer a free initial consultation to discuss your legal issues. So contact us today to learn more!!!

It depends mainly on when you file your case. There are two main chapters of bankruptcy, and within each one, the court handles a tax refund very differently.

ONLY $750 IN ATTORNEY FEES FOR A ST. LOUIS CHAPTER 7

In a St. Louis Chapter 7 bankruptcy, the Trustee is ordered by the court to find any assets you might have that he/she can liquidate. This liquidation of assets is for the benefit of your unsecured creditors (like credit cards, medical bills, payday loans, etc.) who are subject to discharge. The basic bargain is this: if you had some sort of asset that could have been liquidated before filing your St. Louis bankruptcy, then this asset should be turned over to the Trustee so that he/she can sell it (or reduce it to cash).

An example of an asset that the Trustee would be looking closely at would be a potential tax refund. But again, it depends mainly upon when you file your case. If you file your Missouri Chapter 7 in late May, then there is a really good chance that the Trustee will not want anything to do with any potential refund you may receive (because at that point in the year, there are still too many variables as to how much of a refund you might receive).

But if you were to file your case mid-November, and you anticipate a large tax refund, then there is a good chance that the Trustee will demand that you turnover most of it. An experienced St. Louis bankruptcy attorney can use certain exemptions to keep some of the refund safe (and out of the hands of the Trustee). But if the refund is large enough, then it is likely that the Trustee will take most of it.

NO UPFRONT ATTORNEY FEES FOR A ST. LOUIS CHAPTER 13

In a St. Louis Chapter 13 bankruptcy (which is a repayment plan over the course of three (3) to five (5) years), it will be necessary to pay into your plan a certain portion of your tax refund each year that you are actually in the plan. And depending on how big of a refund you get, you could easily shave many months off you the length of your repayment period. An expert St. Louis bankruptcy lawyer can make sure that you keep as much of this refund money as possible.

At Brinkman & Alter, LLC, our goal is to ensure that you understand your full range of options, that each of your questions is answered, and that you are put on the road towards financial freedom.

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County, MO 63019. The initial consultation to discuss your legal related issues is free of charge. So contact us today to learn more!!

It depends upon which chapter of St. Louis bankruptcy you file. In a St. Louis Chapter 7 bankruptcy, the length of time from start to finish is generally about three (3) to four (4) months. In a St. Louis Chapter 13 bankruptcy, the length of can be between three (3) to five (5) years. But it's very important to understand the differences between the two types of bankruptcy so that you can make the best decision for you and your family.

A St. Louis Chapter 7 is described as a discharge / liquidation. The discharge part is pretty straight forward: whatever unsecured debts you have (such as credit cards, medical bills, payday loans, etc) are knocked out forever. Once the case is filed, you can expect to receive this discharge three to four months later. During this short period of time, you will be required to attend one hearing called the "341 Meeting of Creditors." It is a chance for any of your creditors to show up and ask you any questions about your debts on the record. Other than this hearing, that is pretty much all you will have to do (except to wait around for your official discharge). The fees for a standard Missouri Chapter 7 start at $750.

A St. Louis Chapter 13 is described as a repayment plan over the course of three to five years. During this period of time, you will pay back certain debts (such as car loans, back child support, mortgage arrearage, and any tax debt). The way in which to determine the actual length of time during which you will be inside the repayment plan is based largely on two things: 1) the number of people living in your household; and 2) the amount of monthly income that comes into your household. If you are below a certain median (or average) income level, then you may do a three year plan. If you are above the median income level, then you will have to do a five year plan. There are no upfront attorney fees necessary to file a Missouri Chapter 13.

In order to determine which chapter would work best for you, it is in your best interest to seek the advice of an expert St. Louis bankruptcy attorney. At the law firm of Brinkman & Alter, LLC, our goal is to make sure that you understand what your options are, that all of your questions are answered, and that you are put squarely on the road towards financial freedom.

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County, MO 63019. We offer a free initial consultation. So contact a St. Louis bankruptcy lawyer today to learn more!!

Not unless they have permission to do so from the original creditor, and they are prepared to file the suit immediately. If neither of those preconditions are met, then there is a good chance that your rights have been violated.

The Fair Debt Collection Practices Act (FDCPA) is a federal statute that protects consumers against the overreach of the collection industry. The Act tightly regulates what a collection agency can and can't do in its attempts to collect on a debt. If a violation of the Act occurs, the debt collector must pay you up to $1,000 in damages, and it must also pay for all of your attorney fees.

Once a debt is turned over (or bought up) by a St. Louis collection agency, it is necessary that they disclose certain rights to you. This information must be delivered to you within thirty (30) days. During this thirty day period, you have the right and opportunity to dispute the debt in question. For instance, if you do not think you owe the debt, or if you do not believe the debt accurately reflects that correct amount, or if you simply want to see a breakdown of the past due amount owed, you have every right to demand it from the collector.

But if during that time the St. Louis debt collector issues any kind of threat about your debt status (like for instance, if it demands that you begin a repayment plan, or if it says it will sue you immediately if you do not make good on the debt, or if it refuses to provide you with any kind of a detailed accounting about the underlying debt), then it is highly likely the collector has violated the FDCPA.

As mentioned, the statutory damages for such a violation are up to $1,000. This is not an amount that is going to change your life, but it is one thousand more dollars than you would have had before (and no, it does not make any difference what the size of your debt to the collector is; if you have a relatively small medical bill of $50 with a collection agency, but they violate your consumer rights under the FDCPA, the collector still has to pay you damages of up to $1,000).

Understanding what your rights are under federal law is obviously very important. Unless you know what you can do to protect yourself, companies such as a collection agency will run over you without paying any heed. In addition, you may also be dealing with a good deal of other unsecured debt (such as credit cards, medical bills, payday loans, etc). If this is the case, it may be a good idea to consider filing a St. Louis bankruptcy. Such a filing with take care of all the rest of your debts, stop any St. Louis wage garnishments, bank levies, car repossessions, home foreclosures, and of course, lawsuits. The affordable St. Louis bankruptcy lawyers at Brinkman & Alter, LLC have been assisting people fight back against collectors and creditors for over ten (10) years.

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County 63019. The initial consultation to discuss you legal-related issues is free of charge. So contact us today to learn more!!

It depends on two main things: 1) which chapter of bankruptcy you file; and 2) whether or not the debt in question was jointly held between you and your ex-spouse.

Debt that you incurred jointly with your spouse while you were married (like a credit card or loan) can almost never be discharged in a St. Louis Chapter 7 bankruptcy. So for instance, if the family court judge in your divorce proceeding ordered that you pay unsecured debts that were in both your names (again, like credit card debt), then those debts cannot be knocked out in a Missouri Chapter 7.

The policy behind this decision is in place so as to insure that people do not get out of such debts so easily. You can still file a Chapter 7 if you wish (so long as you qualify for one otherwise), but those debts will not be removed.

On the other hand, the situation becomes a lot different when you file a St. Louis Chapter 13 bankruptcy. This type of bankruptcy is described as a repayment plan over the course of three to five years during which you pay back certain debts. These debts would include mortgage arrearage, car loans, tax debt, and back child support (and perhaps a portion of your unsecured debts, such as credit cards, medical bills, and payday loans). In a Missouri Chapter 13, divorce debt can be discharged. This is because the "super discharge" provision that the Chapter 13 allows for. So long you complete the entire repayment term (which is again between three to five years in length), you can get the otherwise non-dischargeable divorce debt knocked out.

But knowing when in fact you can get certain debts taken care of when you file a St. Louis bankruptcy is very important. And the only real way you will know for sure (aside from reading well written blog entries) is to talk to an experienced St. Louis bankruptcy attorney.

The affordable St. Louis bankruptcy lawyers at Brinkman & Alter, LLC have been helping people with all of their debt-related issues for over ten (10) years. Our goal is to make sure that you keep all of the assets you want to retain, to get rid of all the debts you want to discharge, to stop any and all wage garnishments, home foreclosures, bank levies, and lawsuits. And we want to do it all for an affordable price: the fees for a standard Chapter 7 are $750; and for a Chapter 13, there are no upfront fees (just the filing of $281).

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County 63019. We offer a free initial consultation to discuss your legal affairs. So contact us today to learn more!!

It's actually rare that you would have to pay back every single one of your debts in a St. Louis bankruptcy. But then it depends very much on which chapter of bankruptcy you file.

In a St. Louis Chapter 7 bankruptcy, all of your unsecured debts (such as credit cards, medical bills, payday loans, etc) are discharged. When debts are "discharged," they are literally knocked out forever. They will no longer exist. The creditors can no longer demand payment from you, and you are no longer under any obligation to pay. If on the other hand you have secured debts that you wish to retain (such as a house or car), then the opportunity to do so is available. So long as there is not a great deal of equity in the asset, then keeping a house or car in a Missouri Chapter 7 is possible.

The other main type of filing is a St. Louis Chapter 13 bankruptcy. This is described as a repayment plan over the course of three to five years during which certain debts are paid back. These certain debts would include arrearage on a mortgage (i.e. what you have fallen behind on your house payments), car or truck loans (usually at a much lower interest rate), tax debt (income, personal property, sales, and real estate taxes), and back child support and/or maintenance.

In addition, it is also possible that you would have to pay back a certain portion of your unsecured debts in a Missouri Chapter 13. The goal in such a situation would of course be to put you into a repayment in which you are paying back the least amount of unsecured debt. And in fact, the best case scenario would be when you do not have to pay back any of this kind of debt at all (which is a possibility in a Chapter 13).

Either way, it is very important for you learn exactly what your rights and options are when you file for bankruptcy in St. Louis. The affordable St. Louis bankruptcy attorneys at Brinkman & Alter, LLC have been assisting people with their debts for over ten (10) years. We want to make sure that you fully understand all of your options, that your questions are fully answered, and that you are put in the best position to move forward with life.

We have two locations: in the Central West End, at 1 North Taylor, St. Louis 63018; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County 63019. The initial consultation to discuss your legal affairs is free of charge. So contact us today to learn more!!