All items from A & L, Licker Law Firm, LLC

When considering filing for bankruptcy there are a number of factors to evaluate. Many of our clients are facing serious financial and emotional losses, perhaps even including foreclosure of a home or repossession of a vehicle. We can help with these issues and many others. When you file a bankruptcy petition creditors are not permitted to keep contacting you for payment. Now, there are some exceptions; for example, if you want to keep your house you may find it easiest to discuss small matters (like a payment address or a change in escrow accounts) directly with your lender. If you would like to do this we can discuss this and fill out the proper paperwork to allow that type of communication.Though there are exceptions, the general rule is that your creditors cannot continue to contact you after you file for bankruptcy. This protection is called the "automatic stay". However, you should know that this protection has limitations. While the creditor cannot try to obtain payment from you or contact you regarding payment, the creditor does not have to continue to do business with you in the future. In most cases credit card companies will close accounts of cardholders that file for bankruptcy.



Posted 8 weeks 3 days ago

Often we receive inquiries as to why the trustee in a chapter 7 bankruptcy case is requesting a debtor's income tax refund.  The client will call and state that they received word that their trustee filed a notice stating he is taking an interest in the debtor's income tax return, meaning he is going to hold the debtor's case open until they receive their tax refund, and then determine if  they need to turn over any portion of it.  If the trustee determines that there is an unexempt portion of the refund, he will require the debtor(s) to turn over a certain portion of it.  The notice the trustee files with the court gives the debtor's creditors notice that he or she is doing this, and it also instructs the debtor's creditors to file proof of claims with the court (which is the creditor providing proof that you owe them money) so that IF the debtors have to turn over money, it will be distributed to those creditors equally.  



Posted 9 weeks 6 days ago

Modifications in Family LawQ: What is a motion to modify?
A: A request made to the court to change an existing court order because of a change in circumstances.Q: What types of orders can be modified?
A: Divisions of property and debt from divorce usually cannot be modified. Spousal support also known as alimony or sometimes can sometimes be modified depending in the original order. Child support and child custody can be modified if there is a change in circumstances.Q: What is a “change in circumstances” for the purpose of a modification of child support?
A: In order to request a modification for child support there must be a change in circumstances that is substantial and continuous. For example, if the paying party loses their job which they were working fulltime and immediately requests a modification the court will look at whether the change is substantial. Yes, going from fulltime employment to no employment is substantial. However, is it continuous? Will the paying party be able to quickly find work? Will they be making the same amount of money? Your attorney may advise the paying party to wait on filing a motion to modify until either they have found new employment at a lower pay rate or until a long enough period of time has passed that the court will be satisfied that the change is continuous.



Posted 24 weeks 3 days ago

Both prospective and current clients often times ask similar questions. In an attempt to answer some of the most frequent asked questions that are asked of our firm, we are creating this article to help answer so of those so frequently asked questions. Some of the most commonly asked questions specific to a case require legal advice and therefore will not be listed here. For legal advice on your specific situation you should contact our office for a consultation. Below are general answers and therefore may not apply directly to your scenario. Q: How much is this going to cost me? Can I make payments on fees?A: Not shockingly, the answer is it depends. It depends on what type of case it is and more importantly and whether the matters are contested or simply being run through the court as a matter of procedure and finality. Q: What information is needed in order to file a dissolution or modification?A: Personal information such as name, address, contact information, social security number, financial information, personal information for any parties to be involved in the matter. For modifications we will also need the original judgment as well as any other modifications. For modifications, change is circumstance or substantial and continuous change may be required to be shown to the court so documentation to support such change will likely be necessary. Q: Can’t my attorney get me everything that I want in my divorce or modification case? If I get a good lawyer I will get everything right?



Posted 24 weeks 3 days ago

My Case Was Dismissed, Now What? Chapter 7 Part 2 Your bankruptcy case was dismissed and now you want to know what options you have. It first depends on what chapter of bankruptcy you filed and then on why the case was dismissed.Chapter 7It is not so common that a Chapter 7 is dismissed. The only obligations that a Debtor has after the filing of a Chapter 7 is to attend the Trustee’s 341 Meeting of creditors, complete the Financial Management Course, also known as the 2ndcertificate or FMC, and providing any requested information to the trustee. Given there are so few obligations, most Chapter 7’s see completion without dismissal or other issues.However, cases can dismissed for failing to comply with the obligations mentioned above. If the Debtor or Debtors do not appear at the Trustee’s 341 Meeting of creditors the trustee will continue it to another date for Debtor or Debtors to appear. However, if Debtor or Debtors do not appear at the continued Trustee’s 341 Meeting of creditors, the trustee can move for dismissal of the case.



Posted 26 weeks 5 days ago

My Case Was Dismissed, Now What? Part 1Your bankruptcy case was dismissed and now you want to know what options you have. It first depends on what chapter of bankruptcy you filed and then on why the case was dismissed.Chapter 7It is not so common that a Chapter 7 is dismissed. The only obligations that a Debtor has after the filing of a Chapter 7 is to attend the Trustee’s 341 Meeting of creditors, complete the Financial Management Course, also known as the 2ndcertificate or FMC, and providing any requested information to the trustee. Given there are so few obligations, most Chapter 7’s see completion without dismissal or other issues.However, cases can dismissed for failing to comply with the obligations mentioned above. If the Debtor or Debtors do not appear at the Trustee’s 341 Meeting of creditors the trustee will continue it to another date for Debtor or Debtors to appear. However, if Debtor or Debtors do not appear at the continued Trustee’s 341 Meeting of creditors, the trustee can move for dismissal of the case.



Posted 26 weeks 5 days ago

My Case Was Dismissed - Now What?



Posted 27 weeks 1 day ago

Taxes were due prior to filing. They are discharged right?The answer is, it depends. Taxes and their dischargeability depend on the type of taxes, what tax year they are form, when they were filed, when they were assessed and whether they are now secured by any real estate.We will discuss the most typical type of taxes that Debtors want to discharge. That is state and/or federal income taxes. In order to taxes to be discharged they must meet the following criteria:



Posted 30 weeks 4 days ago

My car got repossessed. There is nothing I can do to get is back right?Wrong, depending on when you take action. You an often contact your creditor, make the payment to become current and they will return the vehicle. However, you probably do not have the money to become current or you would have paid it before it was repossessed. So now what?You can file a Chapter 13 bankruptcy, again depending on when you take action. If you contact our office prior to the car being repossessed we may be able to prevent repossession which will save you on repossession and storage fees. However, even if it has already been repossessed, the creditor must wait at least 10 days before they can sell the vehicle. So long as we file the Chapter 13 bankruptcy before the vehicle is sold, the creditor must return it to you given that you comply with certain requirements.In order to file the Chapter 13 bankruptcy we need:



Posted 30 weeks 4 days ago

Can’t everyone do a Chapter 7 or a Chapter 13?The simple answer is no. The eligibility for a Chapter 7 is based on several things:Median Income for Household Size – The median income determines what a Debtor or Debtors can file a bankruptcy. Median income is determined by household size. The following is the median family income data for Missouri and Illinois.   Household Size   Missouri       1 $41,092       2                     $51,784       3                    $59,549      4 $72,150  Illinois$47,485$59,861$68,721$80,776  



Posted 31 weeks 5 days ago