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Do You Need a Lawyer to Dissolve Your Business?

“Do you need a lawyer to dissolve your business?” This question is frequently raised by business owners as they make the difficult decision to cease operations and move in a new direction.

Honestly, closing a business is complicated. There are always multiple “stakeholders.” It is important to ensure that each is treated appropriately. Also, as a business owner, you must abide by all relevant state and local laws, file very specific paperwork, and position yourself well for the future. So, do you need a lawyer to dissolve your business? Quite simply, yes!

Working with a reputable business attorney can help you dissolve your business efficiently and [...]

Can I File Bankruptcy Without My Spouse?

One partner can file bankruptcy without their spouse in Missouri; and in many cases, a partner can do so without affecting the other spouse’s credit record. However, even though an individual bankruptcy may eliminate the filing spouse’s liability for jointly-held/co-signed debts, this does not stop creditors from pursuing the non-filing spouse for repayment of these debts. In other words, your filing individual bankruptcy does not protect your spouse from co-signed or jointly incurred debts.

For this reason, it may be best to file for bankruptcy as a couple. It is also important to remember that some debts cannot typically be eliminated through bankruptcy, including taxes [...]

Steps to Start a Business

If you’re thinking about starting a business in Missouri, then you’ve chosen the right place. The latest U.S. Census data shows that Missouri leads the nation in creating new businesses! New business start-up numbers are surging by more than 16 percent, double the number of any other state in the country, according to the Missouri Department of Economic Development.

What Are the Steps to Start a Business?

There are some important steps to start a business, and you want to make sure you consider all of these before jumping into the deep end and getting overwhelmed. A wise, thoughtful approach can prevent headaches later. Having a great idea is the first require [...]

Can a Beneficiary Sue a Trustee in Missouri?

Yes, a beneficiary can sue a trustee. But a beneficiary must prove that a trustee has breached their fiduciary duty. A beneficiary cannot mount a successful challenge simply because he/she has a personal grudge against the trustee or because he/she simply feels the trust is unfair as it was created by the trust owner.

To mount a legal challenge, a beneficiary must show that there was malfeasance, conflict of interest or incompetence on the part of the trustee.

There’s a lot to know about trusts and estate disputes, and challenging a trustee is rarely something you want to do on your own. With the help of

Do You Have to Do Probate When Someone Dies?

Losing a loved one or family member is a terrible time, filled with grief and loss. Not only are you hurting inside, but you also have to deal with funeral details and other legal matters. This is especially true if the person died without a valid will and their estate must go through probate.

If you’re wondering whether you have to do probate when someone dies, the answer is “sometimes.” In Missouri, if a person’s estate is very small, then the law will allow you to skip probate in favor of a simplified process. Otherwise, you’ll go through probate, though this is significantly easier and quicker when the deceased person has a valid will or estate plan with clear d [...]

Is It Possible To Declare Bankruptcy For Student Loans?

If you are wondering “can you file bankruptcy on student loans,” then you’re not alone. Many, many students take out large student loans during college and then struggle to pay them back. That’s because college tuition seems to increase significantly each year, but annual salaries for jobs just out of college don’t pay enough to meet monthly student loan repayment obligations. It’s a trap that many people fall into.

While in most instances student loans cannot be discharged through bankruptcy, there are some narrow circumstances in which a discharge can happen. Your best bet is to ask our Cape Girardeau

Why Farmers File for Bankruptcy

Chapter 12 farm bankruptcies continue to rise as farmers and ranchers face a prolonged downturn in the U.S. agriculture economy that’s been exacerbated by 2-3 years of poor growing seasons and retaliatory tariffs on U.S. goods. So, when you ask “why are farmers filing for bankruptcy?” – the answer is that there are multiple compounding factors. Farmers struggling to meet their debt requirements often feel overwhelmed.

Skilled and experienced chapter 12 bankruptcy attorneys can review available options with farmers and ranchers and discuss a way forward that makes the most sense for each individual. Th [...]

What is an uncontested divorce?

Divorce is never pleasant, but an uncontested divorce can be less stressful than an angry, heated, drawn-out divorce that takes months or years to resolve in court.  “Uncontested” means that neither party is fighting the divorce decree.  Both parties have agreed to divorce, and both are on the same page where child custody, child support, spousal support (if any) and division of property are concerned.

Generally, uncontested divorces take less time, legal fees tend to be lower, and paperwork is streamlined.  Even in an uncontested divorce, though, it’s good to have your own attorney. Skilled and experienced divorce lawyers know how [...]

What Happens if You Die without a Will in Missouri?

Creating an estate plan is often one of those things we put off, thinking we’ll get to it tomorrow, or next week, or before the end of the year.  But what happens if you die without a will in Missouri?  None of us wants to think about that, but we should.

Creating an estate plan now means that we are caring for our loved ones by preventing a lot of headaches for them in the future.  An estate plan offers peace of mind.  All too often, people put off writing a will and creating an estate plan until “later,” but later never comes.  Our experienced estate planning attorneys at Birk Law Firm will guide you through each step in the estate planning process.  We’ll help y [...]

Who’s On Your Estate Planning Team?

Estate planning is not just about what happens to your stuff when you die. It is about coordinating all aspects of your life so (i) you can be taken care of during times when you are unable to care for yourself, and (ii) your money and property are distributed to the individuals you have selected upon your death, in the way you want.

While you may visit an estate planning attorney to have your legal documents (i.e., will, revocable living trust, powers of attorney, and living will) prepared, this is only one component of making sure that your ultimate estate and financial goals are carried out. In order to accomplish this large and important task, you need a team made up of the [...]