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Category: Bankruptcy

Bankruptcy and Wage Garnishment: How Filing Can Stop Collection Efforts

Bankruptcy and Wage Garnishment: How Filing Can Stop Collection Efforts

In most cases, filing for bankruptcy triggers an automatic stay that stops wage garnishment very quickly by ordering creditors to pause collection efforts.

For many individuals facing financial hardship, the connection between bankruptcy and wage garnishment offers a powerful legal tool to protect their income.

Unexpected financial challenges often lead to missed payments, lawsuits, and eventually, court orders that force employers to withhold a portion of your wages.

While the stress of a shrinking paycheck is real, legal avenues exist to halt these serious financial acti [...]

How Bankruptcy Affects Small Business Owners Personally

How Bankruptcy Affects Small Business Owners Personally

How bankruptcy affects small business owners personally largely depends on whether you operate as a sole proprietorship, partnership, or corporation, and understanding these distinctions is the first step toward protection.

The fear of personal liability for business debts keeps many owners up at night, wondering if a failed venture will cost them their legacy or their family's financial security.

A small business bankruptcy lawyer from Birk Law Firm can evaluate your specific situation to determine the most appropriate le [...]

What Happens to Co-Signers if You File Bankruptcy in Missouri?

You asked a friend or family member to help you secure a loan, and they agreed to co-sign. Now, facing financial hardship, you are considering bankruptcy.

A wave of worry hits you as you think about the person who put their own credit on the line for you. This concern is valid and shows your integrity. Your bankruptcy filing does not have to create a financial crisis for them.

The automatic stay, a core protection in bankruptcy, stops creditors from pursuing you, but it generally does not shield your co-signers. This means lenders can, and often will, turn to the co-signer for payment once you file.

The spec [...]

The Difference Between Secured and Unsecured Debt in Bankruptcy

Mounting debt after a personal injury turns every day into a balancing act. Bills stack up, collections calls interrupt even your quiet moments, and you know something has to change.

Filing bankruptcy isn’t about failure. It’s a way to regain control and build a stronger financial future. Secured debt and unsecured debt in bankruptcy define what property the court may protect and which debts you stop owing.

When you file for relief, these differences guide what life looks like afterward.

Secured debts link directly to specific property. Car loans and mortgages tie to assets that lend [...]

How Bankruptcy Affects Your Credit Report in Missouri

Bankruptcy changes the way your credit report looks and influences how lenders view you for years after filing. Residents of Missouri often ask what the process means for their financial future and how long they’ll need to work at rebuilding. Learning how bankruptcy affects your credit report in Missouri helps you prepare for what follows and gives you a clearer picture of the steps to recovery.

A knowledgeable bankruptcy attorney in Missouri uses experience with both state and federal law to explain your rights and protect what matters most. Having someone focused on your case helps you avoid errors, make informed choices, and start working toward stronger financial st [...]

Can You Keep Your Car in Chapter 7 or Chapter 13 Bankruptcy?

People in Missouri who think about bankruptcy often wonder about their vehicles. A car represents more than just transportation. It provides access to work, school, medical care, and family responsibilities. Without it, daily life becomes much harder. The question many people ask is, can you keep your car in Chapter 7 or Chapter 13 bankruptcy?

Bankruptcy law includes exemptions that let you keep certain property. Missouri residents benefit from specific rules that shield some vehicle equity. These exemptions work differently depending on whether you file under Chapter 7 or Chapter 13. The outcome also depends on the value of your car, how much you owe on it, and whether y [...]

Chapter 12 Bankruptcy in Missouri: Protecting Your Farm

When things go bad economically, family farmers can find that their home and their livelihood are both at risk due to factors they can’t control. Climate change, extreme weather, fires, crop failures, and market and seasonal fluctuations can all negatively impact their income and leave them with debts they are unable to pay.

Taking into account the unique challenges and problems of family farmers, the United States Bankruptcy Code has created a special type of bankruptcy – Chapter 12 – that helps farmers ride out financial difficulties and provides a way to get out of debt. Chapter 12 bankruptcy offers a special path that allows financially distressed Missouri family farme [...]

Means Test in Missouri: Do You Qualify for Chapter 7?

Many people who find themselves in a situation where they are overwhelmed with debt, being harassed by creditors, and faced with the possibility of losing their home and possessions, look for relief through filing for Chapter 7 bankruptcy.  Chapter 7 is the most common form of bankruptcy for consumers as it eliminates most unsecured debt such as credit card and medical debt. It is over in a few months, so it allows you to get a fresh financial start and begin rebuilding credit quickly.

However, not everyone is eligible for Chapter 7. Your income and debt will be subject [...]

Choosing the Right Bankruptcy Lawyer in Missouri: Key Factors

No one wants to have to file for bankruptcy, but if your financial problems have gotten to the point where you are being harassed by creditors and faced with the possibility of losing your home and possessions, bankruptcy may be the best choice available.  Bankruptcy is a legal way to help consumers start over with a clean financial slate, but bankruptcy laws are complicated and there are several types to choose from. Depending on your individual situation, income level and debt, either Chapter 7 or Chapter 13 bankruptcy may be most appropriate.

While a successful bankruptcy can leave you in a better financial state, filing is a complex and detailed legal process that involves [...]

Chapter 13 Bankruptcy in Missouri: Reorganize Your Debt, Rebuild Your Life

When debts pile up and become overwhelming, you find yourself being harassed by creditors demanding payments, and you are faced with losing your home and other possessions, the good news is that there is help available. Chapter 13 bankruptcy provides an opportunity to reorganize your debts, start rebuilding your life, and get yourself on the road to a brighter financial future.

While no one wants to have to file for bankruptcy, there are times when doing so is your best option. A successful Chapter 13 bankruptcy allows you to keep your home and other property, including nonexempt assets, while paying a portion of your debt via a court-approved repayment plan you can affo [...]

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