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Chapter 7 in Missouri

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    Chapter 7 in Missouri

    I have some questions about CH 7 BK, in MO.

    First, how much is it to file? and why does the cost range so much for the attorney fees? I've read that the attorney fees range from $500 up.

    Second, we have done a Ch 7, seven years ago. I am scared that they might refuse to discharge our debts. Afraid they might view us as "foolish" with our money, since we didn't "learn" from the last BK experience. But that isn't true at all. Our debts are all from LIFE, not frivolous purchases. Not vacations and not a bunch of unneccessary furnishings or clothing, or any of that. We did eat out some on the CC's. But it is mostly groceries, or things for our baby. We had all our cards paid off, or we paid the balances every month, till she was born. Then we used the cards to help with her expenses. Her clothing, etc... But then my husband's company laid off over 100 people. And he was one of them. Then he tried working for himself, while he could find work. When that ran out, we did not make ONE purchase with any of the cards. Even after he got unemployment, we didn't try to use the cards. But we also had to stop making payments on the cards. It has been over 3 years now. And these things are accumulating and the collectors are finding us. We just got our credit reports and I have a judgement. I am just scared that the BK court will refuse us for allowing ourselves to get into this mess after a BK. But really... what are people thinking? Why would ANYONE do this on purpose? I know we never wanted to do it again, much less the first time. I hate that we were so naive, but we have DEFINITELY learned from the past 5 years. Nothing in life is permanent, especially your job..... So, my second question is Can they deny our BK and refuse to discharge our debts? On what grounds can that be done? And does that happen often to people in our type circumstances?

    Sorry this was so long. Thanks to anyone for responding.

    #2
    Federal filing fees for a CH7 is 209.00. Attorney fees vary greatly depending on your location. If you are comfortable with legalize and are able to follow complex direction easily, have only exempt assets and are thick skinned- you can file pro se (by yourself for 209) If not.. well, 500 plus isn't so bad and well worth it.

    I, for one, underestand. Please, if you're going to file again.. make sure that this truly is the 7th year since your last filing date (were you discharged?).. then, make sure you do what you have to do before this coming Oct- when the new BJ laws kick in. Do it as soon as possible because, the closer we get to Oct 17th,, the harder and more complicated it is going to be. Some districts are already practicing the new laws- getting all geared up, they are.

    Comment


      #3
      Thank you. Yes it has been seven years, since filing, (4-7-98). The discharge was :
      (8-24-98).

      Should I wait till after 8-24th to file again? I thought I only had to wait 6 years. Believe me, when my husband lost his job after the birth of our daughter, we REALLY wished we hadn't ever filed yet. We want to do this ASAP and get it over with. We were trying to get back on our feet and had hoped to avoid filing again. But after looking at our credit reports and the fact that harassment is about to start up again, we just can't handle it all emotionally anymore. It is causing a lot of strain in our health and our relationship. My husband has a hard time dealing with this, and he gets a little verbal, which I don't like especially in front of our child, so it does create some tension. And I just get depressed and can't do anything but obsess over the budget trying to figure it all out. Which is a complete waste of time and enery and emotion, because no matter what I make us do without, the money just is not there.

      How can they be practicing the new laws? Wouldn't that be illegal since they are not in effect yet? Is there anything one can do to fight it if they enforce the new laws early?

      I have another question now while I am thinking about all this... We had two debts the last time that our attorney insisted we re-affirm because we had co-signers. We couldn't really afford to keep them, but we felt we had to for the sake of the co-signers. Well, one of those is no longer showing on my credit report. One though, is one DH's report and it is way higher due to fees and interest. Will these be dischargable? One of them, the creditor released the co signer several years ago, because we were paying so well on the account. So, there is only still a co signer on the one that is no longer showing on my credit. It is not showing on the co signer's either. They don't care if we discharge it. So, we really need to if it will be allowed. Only, I am not sure... I think we MAY have paid that one off. But I can't find any proof and don't remember if I did or not. And since it is not on my report.....

      Anyway, thanks again. And thanks for anyone to answer my new questions.

      Comment


        #4
        The timelimit between chapter 7's is six years, not seven.

        Its not that the trustees are practicing under the new law per se, but some are starting to apply the newer standards to allowed expenses.

        Yes, loans with co-signers are discharable assuming the underlying debt is a discharable debt. (which it probably is).

        Comment


          #5
          LOL.. HHM! Notice that I said "the 7th year"? 6 full years must pass, yes? That would make it the 7th year after filing- yes? LOL.. anyway, didn't mean to make it confusing, that's just how I talk. Apologies to OP for any misunderstanding.

          Comment


            #6
            Originally posted by mymymy
            LOL.. HHM! Notice that I said "the 7th year"? 6 full years must pass, yes? That would make it the 7th year after filing- yes? LOL.. anyway, didn't mean to make it confusing, that's just how I talk. Apologies to OP for any misunderstanding.

            Fair enough.... :p

            Comment


              #7
              Thanks.

              I meet with an attorney tomorrow.

              I'd like to clarify my question about the cosigned debts. I am asking if they can be discharged now because they were already listed in a precious BK, but reaffirmed.

              I know I worry way too much.... Thanks for tolerating all my questions.

              Comment

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