There are a number of items that need to be addressed before a definitive answer can be given. Among the questions:
1. Did the Mortgage Company file a proof of claim and was it reviewed for accuracy?
2. Did you evaluate the possibility of stripping the lien? When the case was filed, was the home worth less than the amount owed on the first? If so, the lien might be able to be stripped.
If you have a lawyer, you should evaluate these questions with that person. If you have no lawyer, you...
Chapter 13 could be very helpful to you. You are eligible to file and it may also give you the chance to discharge the student loans as a hardship. There are many other benefits you might see too. Contact a Chapter 13 attorney ASAP.
The question you really are asking, I think, is whether your old sales tax bills are still collectible if you are trying to register another car post-petition? This is a matter of state law. I would ask the question at the County Tax office where you reside. See what they say ... you may want to check with the County Counselor as well depending on the answer.
In Missouri the statute of limitations on written accounts is 10 years, however it begins to run after the last transaction. So if you used the card at all within the last 10 years the old debt remains collectible.
To me, it sounds as if this is not a small claims case. Most credit card collection cases are in Associate Circuit courts in Missouri. Typically, at the first court date you may appear and ask the Judge for a continuance in order to to retain counsel. If this is your first such request, it should easily be granted. A 30 day continuance is pretty standard. Good luck and make sure to retain counsel as quickly as possible.
It depends on whether you reaffirmed the debt. If you file Chapter 7 and own a home, you must decide whether to reaffirm the debt. If you do, you sign an agreement and its filed with the Court. If you do that, you are once again fully liable for the balance and if you later have a portion of the debt forgiven, you will receive a 1099. If you do not reaffirm, then any amount forgiven is not taxable. Hopefully you made this decision knowing all the ramifications.
There is no minimum amount of debt needed to obtain a chapter 7 discharge. To determine if you qualify, your attorney needs to balance your income, expenses and debts. Now from a practical point of view, typical attorney fees and court costs may be $2,000 +. Given the cost, the question becomes whether you are better off using that money to work out a payment arrangement. Alternatively, if you are being garnished or worried that your car may be repossessed, bankruptcy may be the answer....
Yes ... the mortgage company can pursue a deficiency balance as a result of the reaffirmation. A chapter13 bankruptcy may be able to discharge any such deficiency... along with other debts.
Not sure whether you are requesting a refund from the Trustee or attorney. Regardless, if your case is dismissed, the Trustee should return money to you that was in the Plan at the time of dismissal. If your case was dismissed you may have an option to reinstate and convert to a Chapter 7 (will save on filing fees) or file a new Chapter 7. As a practicing Kansas City attorney I would be happy to help.
As a Missouri attorney I can confirm for you that you may use the Head of Household exemption under Missouri Statute 513.440 in addition to the wildcard exemption under 513-430.1(3). You can use the Head of Household for a total of $1,950. Best of luck.