Bankruptcy

Considering Bankruptcy Because of Covid?

Considering Bankruptcy?

Many Americans are facing financial hardship due to the COVID-19 pandemic. In the last five months, COVID affected jobs, the economy and the stock market. Roughly 49 million unemployment claims were filed since early March. The CARES Act offered temporary relief to individuals and families through one time stimulus payments. It also provided an additional $600.00 per week in unemployment benefits. However, unless extended by Congress, the extra $600 per week in unemployment will end on July 31st. Losing part or all of your income makes it extremely difficult to pay monthly expenses. If you are struggling with mounting debts, repossession, foreclosure, or garnishments, now may be the time to consider filing for Chapter 7 bankruptcy.

Chapter 7 Bankruptcy

Otherwise known as a liquidation, a Chapter 7 bankruptcy discharges (or “wipes out”) most of your unsecured debt. Examples of debt eliminated in a Chapter 7 bankruptcy include credit card debt, unsecured loans (such as personal loans, pay day loans, and title loans), medical bills, unpaid rent from a prior lease, and a deficiency balance from a surrendered or repossessed vehicle. At the time of filing a Chapter 7 bankruptcy petition, an Automatic Stay Order is put in place, immediately stopping collection actions, including garnishments. By filing for a Chapter 7 bankruptcy, individuals financially struggling can get a fresh start.

Am I eligible to file chapter 7 Bankruptcy?

To qualify for a Chapter 7 bankruptcy, certain requirements must be met. If you’ve filed bankruptcy and received a discharge, 8 years must pass before filing again. Also, you must pass the bankruptcy means test. Your average monthly income for the last 6 months must be below the state’s median income for your family size to pass the bankruptcy means test. Payments made under the CARES Act (stimulus and unemployment) do not count toward income for purposes of qualifying for Chapter 7. If your income has been reduced or you lost your job due to COVID, you may qualify today when you did not qualify before. Depending on your income prior to reduction or unemployment, it may be necessary to delay filing bankruptcy a couple months in order to be eligible. Explore your options by consulting with a St. Charles bankruptcy attorney today.

Contact a St Charles Bankruptcy Attorney

Let a bankruptcy lawyer assist you with navigating bankruptcy during this difficult time. The Wibbenmeyer Law Firm, LLC offers free bankruptcy consultations. If you are laid off, struggling to pay debt or otherwise considering filing for Chapter 7 bankruptcy, call a bankruptcy attorney in St Charles, MO today at 636-724-3355.

We're In This Together Newsletter

We hope you are doing well, staying safe and remaining positive in these unprecedented times.  The last several months have been trying for all of us.  Everyone has been affected in different ways.  Our firm continues to provide legal services, with measures in place to protect the health and safety of our clients, staff and their families.  We are providing the below information to assist you in navigating legal issues that you may be facing.  Together, we will get through this uncertain period.


FAMILY LAW

The COVID-19 pandemic presents challenging family law issues.  Parents are not receiving visitation or custody because of coronavirus concerns.  Further, loss of employment may affect child support or maintenance.  If you need assistance with these issues, give us a call to discuss.

 
ESTATE PLANNING

In these uncertain times, people are focusing on their estate planning needs.  Whether it be Last Wills, Trusts, Living Wills, Powers of Attorney, etc., we are able to help you create or update your estate plan. Contact us to eliminate stress and bring you and your loved ones peace of mind.   


BANKRUPTCY

Employment loss and the inability to pay expenses is a worry for many Americans impacted by COVID-19.  If you find yourself accessing your financial situation and are considering filing for bankruptcy, give us a call to discuss your options and find out if you qualify. 

 
LEGAL NETWORKS

Check with your employer to see if you have benefits through any of the following networks, as your legal fees may be covered:

  • ARAG
    LegalEase/ LegalAccess
    MetLife (formerly Hyatt Legal)
    US Legal Services
    Workplace Options

CALL US AT (636) 724-3355 

We are here for you and committed to assisting your legal needs.