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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 [...]

Can You Sue and File a Claim Without a Police Report?

• July 22, 2024
• Kelvin Birk
• Car Accident

Yes, you can sue and file a claim for a car accident without a police report in Missouri, but it is generally advisable to get one, especially if there are injuries or significant property damage.

Missouri does not legally require having a police report to file a lawsuit or insurance claim in some situations, and if the accident is only a fender bender and there are no injuries, you may not wish to bother waiting for and dealing with the police. However, there are times when a police report is required; even if it is not, it can be beneficial to your case by providing an official record of the accident details from an i [...]

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

• July 19, 2024
• Kelvin Birk
• Car Accident

If you suffered damages in a car accident that wasn’t your fault, you may not have to get a lawyer to represent you, but most often it would be to your benefit to do so.  Missouri is an at-fault state for car accidents, so if another driver was at fault, their insurance company should pay your bills and compensate you for your losses up to the policy limits. However, this does not always happen, and losses can exceed policy limits, so there are many cases when you need an experienced lawyer to fight for your rights and the compensation you deserve.

Insurance companies are out for profit, and have high-powered lawyers [...]

How Much Should I Settle for After My Car Accident?

• July 1, 2024
• Kelvin Birk
• Car Accident

After a serious Missouri car accident, you may be left dealing with major property damage, serious injuries, and mounting bills at a time you may be unable to work, so it is natural to wonder how much money you may be able to receive for the accident. While no amount of money can make up for the trauma, pain, and suffering you are going through, a fair settlement can pay for the damages you received, provide the care you need, and alleviate your financial burdens.

Unfortunately, insurance companies are out for profit, and they will often attempt to deny claims or try to get you to accept a settlement for less than your case is worth.  In the afterm [...]