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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