Skip to main content
Brenda Stacey

Brenda Stacey’s Answers

23 total

  • My ex filed a bk and it was dishcarged. She included the mortgage we had together. Is she still responsible for the mortgage?

    The home was awared to me in the divorce. I also filed a bk and it was discharged as well, however I did reaffirm of the mortgage. Does the bank need to take her off the note?

    Brenda’s Answer

    Bankruptcy relieves a debtor's personal obligation to repay debt, and prevents a creditor from taking any action to collect the debt. The underlying contracts are not destroyed or modified, but they are unenforceable. In a Chapter 7, the debtor is permitted to keep secured property if the creditor is protected by a reaffirmation agreement - so that the creditor may enforce the contract if the debtor defaults in the future. If a debtor chooses not to enter a reaffirmation agreement, then the debtor's personal obligation to pay is relieved, and the creditor would likely take the secured property. Since your ex-wife did not reaffirm, she is not obligated to pay the mortgage. The bankruptcy court did not change the contract. Accordingly, the bank does not need to remove your ex-wife's name from the note (although there is no benefit to the bank for her name to remain).

    See question 
  • In Missouri divorce court, if the judge orders the house be sold, can I continue living here until it is sold?

    My wife has been living elsewhere for the past 9 months & has an income. I am currently unemployed with no income of any kind. If the judge orders the house & 5 acres it is on sold, will I have to vacate immediately? I have nowhere else at all to ...

    Brenda’s Answer

    Whether you will need to vacate the premises cannot be answered without additional facts. For example, if you have not filed responsive pleadings (assuming your wife filed the case), the judge may be limited in what can be awarded; also, if there are kids involved, their residential schedule may be a reason to award the house to one parent versus the other. In any event, the judge will likely address possession of the property until it is sold. Hopefully, you and your attorney have examined all options, and a last minute settlement will allow you to remain in the home.

    See question 
  • My wife and I are getting divorced. Can my wife get part of my retirement even though we were only married 5 of the 23 years?

    She makes really good money as a accounting controller but is very narcissistic and will go after anything just to win. This also goes toward my VA disability (80%)

    Brenda’s Answer

    Your wife has a marital interest in the 5 years of retirement benefits that accrued during the marriage. However, as to whether she will get a part of the benefits is not as clear an answer. The court will look to equitably divide marital assets and debts. Equitable division does not always mean equal division. I would suggest that you contact an attorney in your jurisdiction to review the specific facts of your case.

    See question 
  • Tenants by entirety and chapter 7 bankruptcy.

    I am considering filing a chapter 7 without my spouse. The only joint debt we have is our mortgage and 2 automobiles and all of them are current and are in both our names. There will be no other joint debt on the petition. We have 2 checking ac...

    Brenda’s Answer

    Some of the funds may be out of the trustee's reach. Contact an attorney in your area to find out what possible protections you have. Most give free consultations, so have nothing to lose by asking an attorney that practices regularly in the Eastern District of Missouri. If you would like a referral, please feel free to contact my office at 636.642.1166

    See question 
  • Assuming debt to gain an asset in divorce?

    We have several vehicles and all but one are debt free. My soon to be ex wife wants to keep all the vehicles that the court ordered sold. She says if I sign off on all the other vehicles and allow her to keep them then she will assume the debt owe...

    Brenda’s Answer

    If the court already entered its order, it's probably not a really good idea to ignore the order and do what you (or your wife) wants to do. On the other hand, you say she's your soon-to-be-ex, so perhaps it's not a final order. There are details that need to be evaluated by an attorney in order to protect your future rights and interests. Contact a local family law/divorce attorney for advice. The money you pay for your attorney now may save you a lot more in the future.

    See question 
  • Me and my husband trying to get guardianship of our niece and nephew

    My niece and nephews father passed away and the mother is in a lot of trouble with the law and is going to jail. She wants the kids to go to us through guardianship and only wants the kids to go to us. But the kids fathers parents (there grandpare...

    Brenda’s Answer

    Your costs in a guardianship are going to vary based on many factors - jurisdiction, judge, opposing counsel, juvenile officers, guardian ad litem recommendations. In order to assess your situation, I would suggest you speak to a juvenile lawyer in the county where the kids live. If the kids are in Jefferson County, please feel free to contact my office at 636.642.1166 for a consultation.

    See question 
  • My wife is wanting a non contested divorce and I am trying to see what I can do and how to handle my situation?

    My wife leaves everyday at around noon and does not return to the house until bedtime. She leaves my 7 and 8 year old with my teenage son. She left Friday afternoon because she didn't want to face me and didn't return until Monday night at 5:45 pm...

    Brenda’s Answer

    Locking her out will guarantee you won't have an "uncontested" divorce. You also look like a jerk who pushed her out. Like the others have said, go talk to an attorney quickly - the money you spend now will save you tons of future attorney fees that will result from a litigated divorce and custody case.

    See question 
  • Can my ex wife make me pay child support if she files for state assistance

    we have finalized the divorce on January 11 2013 i am paying for the insurance on the kids and I'm also paying $300 a month on her credit cards and I'm paying for what the kids need for school and other stuff we have split custody with the kids a...

    Brenda’s Answer

    When a parent applies for state assistance, they assign their rights to collect child support to the state. If there are no existing orders regarding child support, then the state may try to proceed with establishing a support order. When orders regarding child support have already been entered, the state should not be able to seek support above what is already ordered by the divorce court, even if the order indicates no child support shall be paid. (At some time in the future, either the state or the party receiving benefits ma seek to modify the support order.)

    See question 
  • I am in need of a divorce. I really don't know how to begin. My income is low, but there has to be some help.

    I have 4 children under the age of 18. All my family is in the North East. I'm stranded here in Missouri w/few help and options. Please help. I feel trapped & hopeless.

    Brenda’s Answer

    You can find forms on the Missouri Supreme Court website to file the divorce without an attorney. If you and your spouse cannot reach agreements, the court will address these issues in trial. For a quicker resolution to disputed matters, look for a mediator that will be able to meet with you and your spouse to try to reach agreements. You can seek an attorney mediator, who could then write the necessary agreements. If you choose to mediate with a non-attorney mediator, you would then submit your agreements to the court on an approved forms or take those agreements to an attorney to write up the agreement and submit the attorney-prepared agreement to the court.

    See question 
  • Can trustee use tax returns to pay creditors in chapter 7?

    Just filed my tax return. I am in chapter 7. Can they take my tax return?

    Brenda’s Answer

    A trustee may "take" any asset that is not exempt, including your tax refund. Typically, the refund would have been listed on your Schedule B (personal property) and then exempted on Schedule C. If you filed the bankruptcy without an attorney, you should probably contact one. If you were represented by an attorney, contact your attorney to discuss your refund. Either way, though, DO NOT SPEND THE REFUND until the trustee abandons the asset.

    See question