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.
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.
It sounds to me as if the Collection Agency has threatened suit, but you are not sure suit has actually been filed. Assuming suit has not been filed, I would suggest you call the Collection Agency and notify them you dispute the debt and request a response in writing. The Agency is obligated to research the claim and report back to you. Hopefully it will resolve the situation favorably. All the best .
My office can easily file a case for you in that time. It really is a matter of whether you can gather the information required within that period of time. However, I can assure you it is very possible to do. I would be happy to be of help. All attorneys at The Sader Law Zfirm practice in Kansas.
Nsader@saderlawfirm.com or 816-561-1818.
First, I would suggest waiting to file your bankruptcy until after you receive your final paycheck. If that is not possible, in Missouri there is no blanket exemption for wages. However, you can apply your wild card exemption and your head of household exemption, if entitled, toward the payments due.
The first thing I would check is the statute of limitations. In Kansas the statute on a written agreement is only 5 Years. If in fact the creditor was omitted, in Kansas the debt is not considered discharged. One other tactic often taken is to reopen the case for the purpose of adding the creditor... of course this is at the discretion of the court. As a Kansas lawyer I am happy to help.
If there is an amount due on the card when you file Chapter 13 it will be deducted from the amount of the deposit. Whatever remains on deposit should be sent back to you. However, you are required to list that on your schedule of personal property. In developing your Plan, your attorney must take that money into account and pay it toward the Plan since those funds cannot be protected or exempted in Kansas.
So the short answer is that you should receive the leftover deposit back, but you...