Credit Counseling To be eligible for Missouri bankruptcy, all individual debtors (under any chapter) must have received credit counseling from an approved credit counseling agency within 180 days before filing. Very limited exceptions apply in emergency situations. Additionally, in order to receive a discharge, all debtors in Chapter 7 and Chapter 13 must also attend a financial education course after filing.
Prior Cases An individual or entity may not file a Missouri bankruptcy petition if the debtor had a prior case dismissed within the past 180 days for failure to pay filing fees, appear at the 341 meeting, or comply with a court order.
Prior Discharges A debtor may file a subsequent case but may not be entitled to a discharge in the new case if the debtor received a discharge in a prior case within a certain period of time. In Chapter 7, the debtor is not entitled to a discharge if the debtor received a discharge in a previous Chapter 7 or 11 case commenced within 8 years of the new filing or if the debtor received a discharge in a previous Chapter 12 or 13 case commenced within 6 years of the new filing. In Chapter 13, the debtor is not entitled to a discharge if the debtor received a discharge in a previous Chapter 7, 11 or 12 case filed within 4 years of the new filing or if the debtor received a discharge in a previous Chapter 13 case filed within the last 2 years.
Debtor’s Obligations All debtors must file required Missouri bankruptcy schedules and statements, attend a meeting of creditors, and file notice of any change of address. All debtors must also provide current tax returns to the trustee and, in Chapter 13, debtors must timely file future tax returns. Detailed information on the filing requirements and fees for Chapter 7 and 13 cases can be obtained in separate handout materials from the court. The court does not provide basic Missouri bankruptcy forms. Forms may be available at an office supply store or on the Court’s website, www.moeb.uscourts.gov. Debtors should retain copies of all Missouri bankruptcy documents they file.
Attire Missouri bankruptcy Court is federal court. Appropriate attire is required.