Missouri Bankruptcy Law: an overview

admin — Sat, 22 Nov 2008 15:35:00 GMT

Missouri Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Missouri Bankruptcy Code under its Constitutional grant of authority to "establish... uniform laws on the subject of Missouri Bankruptcy throughout the United States." See U.S. Constitution Article I, Section 8. States may not regulate Missouri Bankruptcy though they may pass laws that govern other aspects of the debtor-creditor relationship. See Debtor-Creditor. A number of sections of Title 11 incorporate the debtor-creditor law of the individual states.

Missouri Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain Missouri Bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of Missouri Bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full.

Missouri Bankruptcy proceedings are supervised by and litigated in the United States Missouri Bankruptcy Courts. These courts are a part of the District Courts of The United States. The United States Trustees were established by Congress to handle many of the supervisory and administrative duties of Missouri Bankruptcy proceedings. Proceedings in Missouri Bankruptcy courts are governed by the Missouri Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.

Events in a Missouri Bankruptcy Case

admin — Fri, 21 Nov 2008 21:35:00 GMT

Commencement and Notice Every Missouri bankruptcy begins with the filing of a petition. In addition, all individual debtors must also file:
- a list (matrix) of all creditors
- official schedules & statement of financial affairs
- credit counseling certificate
- means test or disposable income form, and
- social security verification form.
The court sends an Order and Notice of Commence-ment of Case to all creditors on the matrix. This Notice contains the date of the meeting of creditors and other important deadlines, such as the deadline for filing proofs of claim and objections to discharge, dischargeability, and exemptions. All parties should carefully read the Notice of Commencement of Case.

Meeting of Creditors The meeting of creditors is a hearing conducted by the case trustee (not the bankruptcy judge) to review the debtor’s financial affairs. All creditors are welcome to attend and may ask questions. The debtor is sworn to answer under oath. In St. Louis, the meeting of creditors is usually held at the Thomas F. Eagleton U.S. Courthouse at 10th and Walnut, downtown. On occasion, meetings of creditors are held at other locations. The location and time are always printed on the Notice of Commencement of Case.

Discharge & Case Process In Chapter 7 cases, unless an objection to discharge has been filed or the debtor fails to attend a financial education course or meet other obligations, the court will issue a discharge order approximately 60 to 90 days after the meeting of creditors. In Chapter 13 cases, the court will issue the discharge order upon completion of payments under the plan. Creditors may object to the debtor receiving a discharge or to the dischargeability of a particular debt but must do so by the deadlines set forth in the Notice of Commencement of Case. Individual debtors will not receive a discharge if they do not complete a post-filing financial management education course.

Claims and Closing The Notice of Commencement of Case will instruct creditors whether it is necessary to file a proof of claim and will state the deadline for filing. Claims are not to be filed in Chapter 7 no asset cases. A Chapter 7 case will close shortly after discharge or after the trustee makes distribution in an asset case. A Chapter 13 case will close after conclusion of the plan. In all asset cases, the trustee files a final report of amounts distributed to creditors.

Dismissal The court may dismiss a bankruptcy case for many reasons. Typically, cases are dismissed for debtor’s failure to attend the meeting of creditors or failure to file any document when required. Other parties may also seek dismissal. Dismissal terminates the Missouri bankruptcy case; it does not discharge any debts.

Missouri Bankruptcy Laws : filing bankruptcy missouri

Missouri Bankruptcy Law: an overview

Events in a Missouri Bankruptcy Case