Legal Question in Bankruptcy in Missouri

in jan 2003, my wife filed chapter 7 , we were married in april of 2004.. in 2008, i lost a $78,000.00 a year job, i now work for 9.25 an hour. we lived in indiana, we now live in missouri. our bills are over $1000.00 per month, which we now only pay what we can, and need. we are also having garnishments taken out of our pay. can we file chapter 7 now, or must we wait until next year? how soon can we start the proceedings so we can stop our garnishments? thank you for any help/advise.


Asked on 10/04/10, 5:37 pm

1 Answer from Attorneys
Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

Sorry, if you are planning on filing a joint petition, you must wait until January 2011. However, you could file a separate petition now and your wife could then file hers in January.

Only the actual filing of the petition provides legal protection. When should you start? Now would be a good time. It takes a little while to prepare a petition, so you should contact an attorney so s/he can have the petition all prepped and ready to file.

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Answered on 10/11/10, 7:12 pm


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