Thursday, March 6, 2014

St. Louis Bankruptcy Attorney-Chapter 7 & My Employer?


By St. Louis Bankruptcy Attorney Frank Ledbetter 


 


I have been a St. Louis bankruptcy attorney since 2003.  I've had the pleasure of helping hundreds of people halt a pending foreclosure process in Missouri, and as a result each person got a second chance to keep their home.  


 


Homeowners are almost always worried that if they are facing foreclosure and file a Chapter 13 bankruptcy their employer will find out.  In most Chapter 13 cases, the employer will not be notified that a client has filed a Chapter 13 bankruptcy case.  


 


Some law firms require clients submit to a wage withholding to pay their Chapter 13 plan payments. My firm does not require this, with the exception of a client who is filing a Chapter 13 bankruptcy case less than a one year after a previous bankruptcy case was dismissed.  In a case like that, the bankruptcy court in the Eastern District of Missouri makes it mandatory for the client (through the client's attorney) to submit a request that the client's employer withhold each month the amount of the Chapter 13 plan payment and send it to the Chapter 13 Trustee.  


 


Only where the client let the client's bankruptcy case dismiss during the past year should the employer get notification that the employee filed bankruptcy. Chapter 13 bankruptcy allows homeowners the opportunity to stop the foreclosure process in Missouri and to get another opportunity to save their homes.


 



 


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Wednesday, March 5, 2014

St. Louis Bankruptcy Attorney-Debt Classification Facts.


By St. Louis Bankruptcy Attorney Frank Ledbetter


 


I've been a St. Louis bankruptcy lawyer since 2003. If you're filing for bankruptcy, then you are likely to come across stuff like secured debts, priority debts, and unsecured debts. It is very important that you understand precisely what the different types of debt classification mean.


 


Secured debts are the debts that allow the lender to repossess personal property or foreclose upon real property if the borrower does not make repayments to the lender in a timely fashion.  Mortgage loans against real property are secured debts if the property has not already been foreclosed upon or deeded back to the lender.  Purchase money vehicle loans, furniture loans, electronics equipment loans, and jewelry loans for which the purchased personal property was agreed in writing to be collateral for the loan are also secured debts.  "Title-loans" are also secured debts even though they will be taken out after the collateral has been purchased.


 


Unsecured, priority debts, or most often referred to as "priority" debts-- include income taxes more than three years old, newer income taxes in certain cases, child support and other types of domestic support obligations.  Student loans even though non-dischargeable aren't classified as priority debts.


 


Unsecured, non-priority debts are typically thought of as "unsecured" debts.  The most common types of unsecured debts in bankruptcy cases are most credit card debts, medical bills, mortgage debts that have been foreclosed on, vehicle loan debts in the cases where the vehicle has been repossessed and sold, and student loans.  Student loans, as stated, are a non-dischargeable unsecured debt.


 


If you live in Jefferson County, Franklin County, St. Charles County, or another place near St. Louis, Missouri and are planning to file for Chapter 7 or Chapter 13 bankruptcy, then I would like you to receive my FREE SPECIAL REPORT at no charge. It contains tips and strategies good people who have had to suffer through rough times can utilize in an effort to turn it all around.  Visit StLouisBankruptcyAttorneyHelp.com to get your copy right away. As an additional bonus, I'm happy to meet with you for no cost, no commitment consultation to help you explore your options so that you may determine which debt relief option is best for you.


 



 


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Tuesday, February 11, 2014

St. Louis Bankruptcy Attorney: Pro Se Dangers



By: St. Louis Bankruptcy Lawyer Frank Ledbetter



Hi, I'm St. Louis bankruptcy attorney Frank Ledbetter. I've been a St. Louis bankruptcy lawyer since 2003. When filing for bankruptcy, you may ponder doing it yourself instead of hiring a bankruptcy attorney.  This is called Pro Se bankruptcy filing.  "Pro Se" is Latin for "for oneself."  There are many problems with this method of bankruptcy filing.



Though many bankruptcy cases may seem routine, the simplest bankruptcy case is complex enough that having an experienced bankruptcy attorney is important.  Bankruptcy documents are filed under penalty of perjury.  If a Pro Se client does not understand all the legal terminology involved with the bankruptcy documents, the Pro Se client will be unable to complete the bankruptcy schedules and statements truthfully, which is not a minor issue.



Pro Se bankruptcy filers often misunderstand all the bankruptcy documents that need to be filed and by what date, which often results into the dismissal of the Pro Se bankruptcy filer's bankruptcy case for failure to timely file certain documents. Pro Se bankruptcy filers often misunderstand the limits of what property is exempt, which may result in the loss of assets in a Chapter 7 bankruptcy case, which would have been avoided if a bankruptcy attorney had been retained.




 


Thursday, February 6, 2014

St. Louis Bankruptcy Attorney: MO Foreclosure Misconceptions



By: St. Louis Bankruptcy Lawyer Frank Ledbetter



I've been a St. Louis bankruptcy attorney for 10 years, during which time I've filed thousands of bankruptcy cases for clients and stopped hundreds of Missouri foreclosure sales for clients in St. Louis City, St. Louis County, Jefferson County, St. Charles County, Franklin County, St. Francois County, and many other surrounding counties. 



Homeowners in Missouri often have misconceptions about the Missouri foreclosure laws.  Also, people often have misconceptions regarding bankruptcy.  One misconception has to do with the effect it has on one's credit score. Generally, filing bankruptcy over time has the effect of increasing one's credit score rather than decreasing it.  In one recent instance, I saw where an individual in a Chapter 13 bankruptcy case experienced a 40 point credit score increase in one and a half years after filing the Chapter 13 bankruptcy case.  It is common for unpaid credit accounts to "fall off" a client's credit report during a Chapter 13 bankruptcy case, which in turn results in an improved credit score.



Sometimes homeowners facing a Missouri foreclosure sale are reluctant to file a Chapter 13 bankruptcy case because of a feared negative impact on their credit score.  When facing a foreclosure sale in Missouri, filing for protection under Chapter 13 will not only stop the foreclosure sale, but over time if the client continues on in the Chapter 13 bankruptcy, it will result in an increased credit score, which in turn helps to reduce the interest rate for future debts, and which in turn will result in substantial future savings for financed goods.