FREE CONSULTATION (573)332-8585

Month:

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

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

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?

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?

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?

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 [...]

What is an Irrevocable Living Trust

Irrevocable living trusts can be an important component of estate plans, as they can protect assets and save tax money . . . but they are not for everyone. Before creating an irrevocable trust, you should understand what they are and take into consideration your individual family and estate situation.  A consultation with a Missouri estate planning attorney can help you understand irrevocable trusts, decide whether one is right for you, and make sure it is drafted correctly so it is legally airtight and will not be challenged.

What are Irrevocable Trusts?

An

What to do After a Car Accident in Missouri

A Missouri car accident can be catastrophic, resulting in major property damage, serious injuries and deaths, so it is no wonder that survivors are likely to be left traumatized, confused, and unsure of what to do next.  What you do in the aftermath and the days following the accident is extremely important, as it will affect the potential compensation for any damages you received, the outcome of your injuries, and your legal rights.

After a serious car accident, medical bills mount up at a time you may be unable to work, and life may never be the same. While no amount of money can make up for the trauma, pain, and suf [...]

How Long After a Car Accident Can You Sue in Missouri?

After a car accident in the state of Missouri, you have five years from the day of the accident to bring a lawsuit.  This law applies to anyone involved in the accident, including the driver, passengers, pedestrians, bicyclists, and motorcyclists. If a death resulted from the accident, you may only have three years to file a lawsuit. With some exceptions, if you fail to file within the time allotted by the statute of limitations, the courts are likely to refuse to hear your case.

Five years may seem like a long time, but it goes by quickly, and you don’t want to find yourself in a position where you are caught short. Because of the statute of lim [...]

FREE CONSULTATION (573)332-8585

2851 Professional Court, Suite C
Cape Girardeau, MO 63703
Map and Directions

Cape Girardeau Facebook Lawyer Cape Girardeau YouTube Lawyer