How to File Bankruptcy in Missouri – Step 1

Introduction

This document explains the key elements of the Chapter 7 bankruptcy process, including the requirements of the bankruptcy laws enacted by the federal government in 2011. Even before declaring bankruptcy, there are several steps that must be taken. Some steps are optional, but others, such as credit counseling, are required

Likewise, after the Chapter 7 bankruptcy petition is filed, the debtor has several obligations to fulfill Attending the Section 341 meeting of creditors and a pre-discharge bankruptcy education course are two of those requirements After a person receives his or her discharge, the case may remain open for several months, and in some circumstances, even years, as the case trustee works to liquidate Chapter 7 bankruptcy assets and distribute payment to creditors Although the bankruptcy process is different from case to case, the purpose of this document is to explain the main events that will happen in a normal Chapter 7 bankruptcy proceeding

Missouri Bankruptcy Courts – Location and Contact Information

Missouri bankruptcy courts are divided into two districts, which are further divided into several divisions. Generally, the debtor’s county of residence will determine which district the bankruptcy petition is filed. It may also be determined by the location of the debtors principal place of business or principal assets.

EASTERN DISTRICT OF MISSOURI

Counties of Jurisdiction:

Adair, Audrain, Bollinger, Butler, Cape Girardeau, Carter, Chariton, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson, Knox, Lewis, Lincoln, Linn, Macon, Madison, Maries, Marion, Mississippi, Monroe, Montgomery, New Madrid, Pemiscot, Perry, Phelps, Pike, Ralls, Randolph, Reynolds, Ripley, Schuyler, Scotland, Scott, Shannon, Shelby, St. Charles, St. Francois, St. Louis, St. Louis City, Ste. Genevieve, Stoddard, Warren, Washington and Wayne Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE

St. Louis Division
U.S. Bankruptcy Court
U.S. Courthouse
111 S. 10th Street, 4th Floor
St. Louis, MO 63102
Same (314) 244-4500
Northern
Division
Located in Hanibel, MO – not permanently staffed.
Contact the main office in St. Louis, MO for filing bankruptcy pleadings and other correspondence.
Southeastern
Division
Located in Cape Girardeau, MO – not permanently staffed.
Contact the main office in St. Louis, MO for filing bankruptcy pleadings and other correspondence.

WESTERN DISTRICT OF MISSOURI

Counties of Jurisdiction: Andrew, Atchison, Barry, Barton, Bates, Benton, Boone, Buchanan, Caldwell, Callaway, Camden, Carroll, Cass, Cedar, Christian, Clay, Clinton, Cole, Cooper, Dade, Dallas, Daviess, DeKalb, Douglas, Gentry, Greene, Grundy, Harrison, Henry, Hickory, Holt, Howard, Howell, Jackson, Jasper, Johnson, Laclede, Lafayette, Lawrence, Livingston, McDonald, Mercer, Miller, Moniteau, Morgan, Newton, Nodaway, Oregon, Osage, Ozark, Pettis, Platte, Polk, Pulaski, Putnam, Ray, Saline, St. Clair, Stone, Sullivan, Taney, Texas, Vernon, Webster, Worth and Wright Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Western
Division
U.S. Bankruptcy Court
Charles Evans Whittaker Courthouse
400 E. 9th Street
Kansas City, Missouri 64106
Same (816) 512-1800
Central
Division
Located in Jefferson City, MO – not permanently staffed.
Contact the main office in Kansas City, MO for filing bankruptcy pleadings and other correspondence.
Southwestern
Division
Located in Joplin, MO – not permanently staffed.
Contact the main office in Kansas City, MO for filing bankruptcy pleadings and other correspondence.
St. Joseph
Division
Located in St. Joseph, MO – not permanently staffed.
Contact the main office in Kansas City, MO for filing bankruptcy pleadings and other correspondence.
Southern
Division
Located in Springfield, MO – not permanently staffed.
Contact the main office in Kansas City, MO for filing bankruptcy pleadings and other correspondence.

Chapter 7 has a lasting, long-term effect on a person’s creditworthiness It remains on a person’s credit record for up to ten years After a Chapter 7 petition is filed, a person’s credit score, commonly referred to as a FICO score, may initially drop as much as 2 points. Obtaining loans or other credit at reasonable rates will be very difficult, if not impossible. For these reasons alone, the following bankruptcy alternatives should be considered

Create a Budget

  • Creating a budget is a simple way to explore bankruptcy alternatives. A well-prepared budget can help point out unnecessary expenses. To create a budget, track every expense, no matter how minor, for one to two months. At the end of this time period, take some time to analyze the results.
  • If expenses are greater than income, identify expenses that can be eliminated or reduced. In addition, think of ways to bring in additional income, such as asking your current employer for a raise or taking on a second job.

Negotiate with Lenders        

  • If you are experiencing a temporary setback, such as a layoff or medical illness, and normally pay bills on time, negotiating with creditors is an effective bankruptcy alternative Many creditors are willing to lower monthly payments or extend payment time, as long as they are notified of the situation and reassured that you will be able to meet the terms of the new credit arrangement

Debt Consolidation

  • Although debt consolidation is another way to avoid bankruptcy, it should be carefully considered. When debt is consolidated, credit card balances and other loans are combined into one bill. Many times the creditor will require the person receiving a consolidated loan to use his or her house or other assets as collateral. This may jeopardize your ability to keep your house or other assets if a bankruptcy petition is filed at a later date.

Credit Counseling

  • Reputable creditor counseling organizations offer free money management advice and budgeting assistance. After reviewing your situation, a good credit counselor can provide specific bankruptcy alternatives for your individual situation. Although credit counseling can be provided online or by phone, the best type of credit counseling is in person.

 

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While the information presented is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It should not be used as a substitute for reference to the United States Bankruptcy Code (title 11, United States Code) and the Federal Rules of Bankruptcy Procedure, both of which may be reviewed at local law libraries, or to local rules of practice adopted by each bankruptcy court. Finally, this publication should not substitute for the advice of competent legal counsel.