Category: Bankruptcy

Can you go to jail for credit card debt?

• March 1, 2022
• Kelvin Birk
• Bankruptcy

Back in the olden days of England there were things called “debtors’ prisons,” but those have long since been done away with in modern times. These days, no one goes to jail for credit card debt. However, credit card debt can cause all kinds of other hardships including stress, financial woes, low credit scores, and roadblocks to getting a home mortgage.

While you can’t be arrested or put in jail for past-due credit card payments, there are a few kinds of debt that could land you behind bars. For example, failure to pay federal taxes or filing fraudulent tax returns could result in going to jail. Or being in contempt of court by refusing to pay large overdue child su [...]

How to declare bankruptcy on credit cards

• September 28, 2021
• Kelvin Birk
• Bankruptcy

Falling behind on credit card debt can leave you feeling overwhelmed and trapped. Large credit card debt causes a domino effect of cascading problems. First, if your credit cards are maxed out, then just making minimum payments can mean lots of money, which leaves less for day-to-day living expenses. You can also incur late fees and over-the-limit fees, which cause the total amount you owe to keep climbing. If you fall far enough behind, your debt can go into collections, and you face constant harassing phone calls from collections agencies. Finally, overdue debt can be hard on your credit score, causing it to tumble.

If you face overwhelming debt, it may be time to declare [...]

How Do You Declare a Business Bankruptcy?

• April 14, 2021
• Kelvin Birk
• Bankruptcy

Whether due to declining sales, increased business competition, or difficult economic headwinds, there are many reasons why business owners can struggle with mounting and unmanageable debt. Creditors may be calling, and banks are pressuring you to repay loans. If this sounds like your situation, it may be time to declare a business bankruptcy. Rather than being a discouraging end to your business, it can actually provide a fresh start for you and your family. Whether you dissolve the business altogether or simply restructure its debt, there are multiple bankruptcy options to explore.

At Birk Law Firm, you can ask our bankruptcy [...]

Can I File Bankruptcy Without My Spouse?

• March 4, 2021
• Kelvin Birk
• Bankruptcy

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 [...]

Is It Possible To Declare Bankruptcy For Student Loans?

• October 8, 2020
• Kelvin Birk
• Bankruptcy

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 Gira [...]

Why Farmers File for Bankruptcy

• July 10, 2020
• Kelvin Birk
• 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. These are difficult times in [...]