Month:

Facing Foreclosure? How Chapter 7 Bankruptcy Can Help.

• September 21, 2024
• Kelvin Birk
• Bankruptcy

When times are tough and you are overwhelmed with debts you cannot pay, one of the most frightening thoughts is the possibility of losing your home through foreclosure. Fortunately, there is a way out. While no one wants to have to file for bankruptcy, doing so can provide the opportunity to not only stop foreclosure, but to enable you to achieve a fresh financial future and start to rebuild your life.

Bankruptcy is a legal way to have many debts forgiven and put you on the road to financial recovery.  Filing can keep creditors from harassing you and seizing your possessions, discharge unsecured debts, including credit cards, medical bills and installment loans, and provide a w [...]

Parenting Plans in Missouri Divorces: Creating a Custody Agreement That Works

• September 20, 2024
• Kelvin Birk
• Divorce

For divorcing parents, creating an effective parenting plan that works is a major concern, as the children’s lives are at stake. Parenting plans cover important decisions including how legal and physical child custody will be arranged, a schedule of how parenting time will be set up, and how major decisions will be made. It is always best if parents can agree on making a joint plan, but if the divorce is contentious, disagreements are likely to arise. An experienced Missouri divorce lawyer can represent your interests and help work through these issues to come up with a comprehensive parenting plan that works and is legally sound.

Understa [...]

Can Chapter 12 Bankruptcy Help Save My Missouri Farm from Foreclosure?

• September 19, 2024
• Kelvin Birk
• Bankruptcy

Your home and farm mean a lot to you, so if you have gotten into a financial hole and are facing foreclosure, you want to take action to stop it. Foreclosure in Missouri means the lender can take legal action to seize and sell your property if you fail to make mortgage payments or pay property taxes.

Fortunately, there are ways to stop foreclosure. Recognizing that farming is an important industry and farmers face factors such as extreme weather that can negatively impact their income, the United States Bankruptcy Code has created a special type of bankruptcy that makes it easier for them to get out of debt. Chapter 12 bankruptcy, designed for family farmers and fisherman, is a [...]

The Residency Requirement for Filing Divorce in Missouri

• September 18, 2024
• Kelvin Birk
• Divorce

When a marriage comes to an end, it is a difficult and stressful time for everyone involved. In addition to concerns about financial issues and child support and custody, you need to consider where you, your children, and your soon-to-be ex-spouse will live. Most people want the process to be over as quickly and expeditiously as possible.

However, before you can even file for divorce in Missouri, you must meet certain residency requirements and adhere to specific divorce laws and procedures. It can help to have an experienced Missouri divorce lawyer by your side fro [...]

Chapter 11 Bankruptcy for Restaurants in Missouri: Navigating Financial Difficulties

• September 17, 2024
• Kelvin Birk
• Bankruptcy

The COVID epidemic and the high inflation of its aftermath has had devastating effects for the restaurant business, and many Missouri restaurants are still trying to recover. If you own a restaurant that is struggling with overwhelming debt but you still want to remain in business and believe you have a viable path to profitability, you might benefit from a Chapter 11 bankruptcy.

While no one wants to have to declare bankruptcy, in many situations it is your best option for returning to profitability and rebuilding for the future. However, filing Chapter 11 is complicated, and making mistakes can be costly, so it is not something you should attempt on your own. It can help to co [...]

Reorganize or Liquidate? Choosing the Right Path for Your Missouri Business Bankruptcy

• September 16, 2024
• Kelvin Birk
• Bankruptcy

While no one wants to have to declare bankruptcy for their business, there are times when it is your best option and can be a step toward building success in the future. Regardless of the reason – bad economic times, declining sales, increased competition, or difficulty with employees or clients -- when debts accumulate, bills pile up, and you are under pressure from creditors, it may be time to turn to bankruptcy for a fresh financial start.

If you have gotten to the point where bankruptcy is your best option, there are major decisions to make. There are several ways to declare bankruptcy in Missouri, and you need to determine whether you wish to reorganize your business or l [...]

Chapter 12 vs. Chapter 7 Bankruptcy in Missouri: Which Option is Right for My Farm?

• September 14, 2024
• Kelvin Birk
• Bankruptcy

When dealing with overwhelming debt and the impending closure of your farm, you might consider filing for bankruptcy as a way out. The issue lies in knowing what type of bankruptcy to file.

Two common options for farm owners are Chapter 12 and Chapter 7 bankruptcy. But which one is best for you? This blog breaks down the key differences between the chapters, focusing on their features, benefits, and drawbacks. In the end, you can make an informed decision on which option is suitable for your farm.

If you are dealing with overwhelming debts and considering bankruptcy, our bankruptcy lawyers at Birk Law Firm can help. W [...]

Military Divorce in Missouri: Understanding Unique Legal Issues

• September 13, 2024
• Kelvin Birk
• Divorce

Divorce is never easy, and when one or both of the parties are in the military, it becomes a little bit more complex, subject to Missouri and federal law. Understanding the law, its impact, and the unique legal issues in Missouri military divorces is crucial to protecting your rights.

In this blog, we cover the unique issues you need to know, from jurisdictional challenges and pensions to child custody and spousal support. We will also share resources for military spouses and how a lawyer can help you. If you’re facing a military divorce and are unsure of what to do, contact our

Chapter 11 Bankruptcy for Missouri Farms: Restructuring Your Debt

• September 12, 2024
• Kelvin Birk
• Bankruptcy

Owning and running a farm in Missouri is no easy feat and comes with unique challenges. As a farmer, you’ll likely face financial difficulties from fluctuating commodity prices, high operational costs, and unpredictable weather. These challenges may cause you to sink into debt. But don’t despair; Chapter 11 bankruptcy can be your lifeline.

With it, you can restructure your debt while keeping your farm going. This blog examines how Chapter 11 bankruptcy works and the considerations for Missouri farms. If you need help understanding how Chapter 11 bankruptcy works, contact our attorneys at Birk Law Firm. Call us at 573-332-8585 to schedule a free consultation.

Why c [...]

In Divorce Cases, Social Media Accounts Can Become Evidence

• July 23, 2024
• Kelvin Birk
• Divorce

Divorce is one of life’s greatest stressors, especially when it is a contentious one when partners are fighting over issues such as property division and child custody. This is why it is so important for those even thinking of divorcing to remember that anything posted on social media can be used as evidence against you in court.

You may be innocently posting comments, opinions, photos, statuses, tweets, etc., on social media such as Twitter, Facebook, or Instagram, intending to share only with people you trust, but sometimes even the smallest detail can affect your divorce claim and blow your chance [...]