Wednesday, November 30, 2011

Bankruptcy Case Waiting Period

If a you received a discharge in a Chapter 7 bankruptcy, you have to wait a minimum of eight years before you can file a new Chapter 7 case.  If you filed a prior Chapter 7 case require debt relief, a Chapter 13 case may be filed instead, and if four years have gone by since the Chapter 7 case filing,  you will not have to entirely repay creditors.  If you got a Chapter 13 discharge in a Chapter 13 bankruptcy case, then you have to wait a minimum of six years before you can file for Chapter 7. 

 

 

 



Monday, November 28, 2011

How to Reduce Car Loan Payment in Chapter 13

 “How Can I Reduce My Car Loan Payment in a Chapter 13?”

In some instances you may be able to reduce the amount you have to repay on a car loan in a Chapter 13 bankruptcy case.  As long as there is not a non-filing co-debtor on the vehicle loan, the interest rate on the car will be the rate set by the bankruptcy court, which is currently about 6%.   So for clients with high interest rates on their car loans, they will pay less than they would outside of bankruptcy.  If the vehicle loan was taken out more than two and a half years prior to the filing of the Chapter 13 bankruptcy case, only the amount of the loan up to the fair market value will need to be repaid.  If you owe quite a bit more than your car is worth and your car loan is more than two and a half years old you may experience a substantial savings.  

If you are in Jefferson County, Franklin County, St. Charles County, or anywhere near St. Louis and considering filing for Chapter 7 or Chapter 13 bankruptcy, I want you to have my FREE SPECIAL REPORT titled “Why Bankruptcy Laws Are Your Friend- Legal Lessons You Don’t Want to Learn the Hard Way”.  Just visit  www.StLouisBankruptcyAttorneyHelp.com to get your own copy sent to you right away.

 

 

 

 

 



Bankruptcy: File Jointly or Individually?

“May We File For Bankruptcy Jointly Or Individually?”

Married clients have the option to file the bankruptcy case individually or jointly with each other.  If you file individually and owe a specific debt or debts along with your spouse, he or she would still owe on the debt after you receive a bankruptcy discharge.  There are pluses and minuses for a married person filing for bankruptcy jointly, and deciding to file together or individually should be made only after studying all facets of your case with a bankruptcy lawyer

 

 

 



Friday, November 25, 2011

How Quickly Can I File for Bankruptcy?

When clients consult with a bankruptcy attorney, they always want to know how quickly the bankruptcy lawyer can file the their case.  In most instances, I can file your bankruptcy case the same week that you come see me.  If a foreclosure sale is pending or if you are awaiting a garnishment it is important to get the case filed right away, and my office is able to work with you to get the case filed in a prompt manner. 

 

 

 



Wednesday, November 23, 2011

Debt Elimination or Debt Solutions Available?

Hi, my name is Frank Ledbetter and I am a bankruptcy attorney or, if you prefer, a bankruptcy lawyer specializing in Chapter 7, Chapter 13, and debt relief primarily in the St. Louis, MO and surrounding areas. 

An important question I often get is, “What Debt Elimination or Debt Solutions Are Available?”

People considering obtaining debt relief through filing for bankruptcy are of course interested in knowing what types of debts they may get cancelled, that is, discharged, in the bankruptcy case.  The types of debt which my clients often get discharged in a bankruptcy case are unsecured credit card debts, doctor bills, hospital bills, and deficiencies on vehicle loans.  Income taxes more than three years old may also be dischargeable.  Many types of debts, however, are not dischargeable when filing Chapter 7 or Chapter 13 bankruptcy case.  The types of debts that cannot be discharged are as follows:  1) student loans, 2)  income taxes less than three years old, 3)  other types of taxes, 4)  debts incurred to pay non- dischargeable taxes, 5) fines, 6) court-ordered penalties, 7) court-ordered restitution payments, 8) child support, 9) maintenance, formerly known as alimony, 10) anything ordered in a divorce decree to be repaid, 11) debts owed to compensate for injuries cause while driving while intoxicated, 12) debts not listed in the client’s bankruptcy papers, 13) homeowners’ association fees, 14) condo owners association fees, 15) debts owed to compensate for intentional harm done to others, 16) debts incurred through fraud, 17) debts arising from breach of a fiduciary duty and 18) debts owed to compensate for money stolen from other(s).  

If you are in Jefferson County, Franklin County, St. Charles County, or anywhere near St. Louis and considering filing for Chapter 7 or Chapter 13 bankruptcy, I want you to have my FREE SPECIAL REPORT titled “Why Bankruptcy Laws Are Your Friend- Legal Lessons You Don’t Want to Learn the Hard Way”.  Just visit  www.StLouisBankruptcyAttorneyHelp.com to get your own copy sent to you right away.

 

 

 

 



Saturday, November 19, 2011

File Chapter 13 to Stop Foreclosure Sale?

Hi, my name is Frank Ledbetter and I am a bankruptcy attorney or, if you prefer, a bankruptcy lawyer specializing in Chapter 7, Chapter 13, and debt relief primarily in the St. Louis, MO and surrounding areas.

A question people often ask me as a bankruptcy attorney is, “Can I File For Chapter 13 To Stop A Foreclosure Sale?”  

The answer is “Yes, filing a Chapter 13 bankruptcy case will stop your foreclosure” as long as 1)  you have not had a bankruptcy case dismissed within the last year or multiple bankruptcy cases dismissed within the last few years and 2) you have sufficient income to make a Chapter 13 plan payment which would be high enough to repay what you are behind on your mortgage loan over a period of four years. 

If you are in Jefferson County, Franklin County, St. Charles County, or anywhere near St. Louis and considering filing for Chapter 7 or Chapter 13 bankruptcy, I want you to have my FREE SPECIAL REPORT titled “Why Bankruptcy Laws Are Your Friend- Legal Lessons You Don’t Want to Learn the Hard Way”.  Just visit  www.StLouisBankruptcyAttorneyHelp.com to get your own copy sent to you right away.



Wednesday, November 16, 2011

Can I Discharge Taxes in a Bankruptcy Case?

Hi, my name is Frank Ledbetter and I am a bankruptcy attorney or, if you prefer, a bankruptcy lawyer specializing in Chapter 7, Chapter 13, and debt relief primarily in the St. Louis, MO and surrounding areas.

People often ask me as a bankruptcy attorney, “Can I Discharge Taxes in a Bankruptcy Case?”

Many types of taxes are not dischargeable in a bankruptcy.  However, income taxes are dischargeable in a bankruptcy case, either a Chapter 7 bankruptcy case or a Chapter 13 bankruptcy case, if 1)  the income taxes came due more than three years prior to the filing of the bankruptcy case, 2) the federal tax returns were filed more than 2 years prior to the bankruptcy case filing, 3) the state tax returns were filed more than 3 years prior to the filing of the bankruptcy case, 4) the taxes were assessed at least 240 days prior to the filing of the bankruptcy case, 5) all taxable income was listed on the tax returns, and 6) you did not recently enter into an offer in compromise with the Internal Revenue Service.

If you are in Jefferson County, Franklin County, St. Charles County, or anywhere near St. Louis and considering filing for Chapter 7 or Chapter 13 bankruptcy, I want you to have my FREE SPECIAL REPORT titled “Why Bankruptcy Laws Are Your Friend- Legal Lessons You Don’t Want to Learn the Hard Way”.  Just visit  www.StLouisBankruptcyAttorneyHelp.com to get your own copy sent to you right away.