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Bankruptcy

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Areas of Practice

Traffic Law

Bankruptcy

Contact Us

Bankruptcy

Chapter 7
This is a bankruptcy used by consumers to discharge or "wipe out" their debts. Most common debts are dischargeable in Chapter 7. Some common exceptions to discharge include: child support debts, maintenance debts, back taxes, and student loans.
 
Chapter 7 is also a liquidation bankruptcy in that you are allowed to keep only certain kinds and certain values of property for your fresh start.
 
I highly recommend using an experienced consumer bankruptcy attorney to advise you about the dischargeability of your debts and if any of your property is at risk if you file a Chapter 7.
 
Chapter 7 is usually less expensive than filing Chapter 13, and as a rule is over and done within four to six months.
 
Chapter 13
This is a "wage earner plan" or a "pay-your-debts-back" bankruptcy. A single monthly payment is made to the Chapter 13 trustee, whose job is to distribute your money to your creditors according to the plan you propose.
 
Chapter 13 may be used if there is a need to stop a foreclosure, and provide an opportunity to pay the missed payments over an extended period of time. I may recommend using Chapter 13 to recover repossessed vehicles, to pay debts that are not dischargeable under Chapter 7, and in situations where property would be lost if a Chapter 7 were filed.
 
 
Attorney and Filing Fees
The Law Office of Charles H. Huber Attorney At Law will usually charge a flat fee for services. The amount of the fees are set in accord with the guidelines set forth by the Court (in Chapter 13 cases), and with an eye toward balancing the goal of providing quality representation with the reality that bankruptcy clients need to be able to afford fees.
 
In Chapter 7, the attorney fee will be $750.00, unless unusual circumstances are indicated. Such circumstances can be quickly spotted at the initial interview, and you will be so advised. The Court charges a FILING FEE of $299.00 so the TOTAL PRICE is $899.00. This fee does not include fees for credit counseling. The total price must be paid prior to filing. We ask people to pay at least $100.00 when they come for their appointment to get started on the paperwork.
 
In Chapter 13, the total fees to be charged, over the life of the case (three to five years) is $3,000.00. This figure was set forth by the Bankruptcy Court Judges for the Eastern District of Missouri (St. Louis). The UP-FRONT attorney fee charged is usually $500.00. The remainder of the attorney fee will be paid over time in your plan. The filing fee is $274.00, so it will cost you, up-front, $774.00 plus credit counseling fees, to get your Chapter 13 case filed.
 
We also charge $30.00 (individual) and $50.00 (husband and wife) to import all debts, for all three of your credit reports, directly to your bankruptcy schedules.

 
What to Bring to Discuss Your Situation in Person
In order to properly assess your financial situation, and advise you on your options under the law, you will need to provide my office with the following information:

1. Pay stubs for you or your spouse or roommate for the last six months.

2. I will ask you how much you made for the last two tax years. If you are married, or have a roommate, I need to know how much each of you made separately.

3. Any lawsuit or garnishment papers you have been served with.

4. If recently divorced, a copy of your Divorce Decree.