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Debtors

When I am filling out Schedule C - Property Claimed as Exempt, how do I know what property is exempt?

When I am filling out Schedule C - Property Claimed as Exempt, how do I know what property is exempt?

Under state and federal laws, debtors are entitled to keep certain exempt property. The Clerk's Office cannot give legal advice. You can, however, research Title 11 of the US Code, Chapter 5, Subchapter 11, Section 522 as well as the Missouri Revised Statutes for more information on allowable exemptions.

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How do I get a copy of my discharge?

How do I get a copy of my discharge?

You will receive a copy of your discharge in the mail after it is entered.  However, if some time has passed and you have not received your discharge or you need another copy, please call the Clerk's Office (816-512-1800).

**After filing, it is very important that the debtors retain his/her bankruptcy papers for future reference.  Sometimes the information may be needed for a future home purchase or other business transactions that will require proof of filing and discharge.**

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When will my case be closed?

When will my case be closed?

Since all cases bear unique circumstances, it is difficult to pinpoint an exact time that your case will be closed.  Many chapter 7 no asset cases are closed within 90 days from filing if no disputes have arisen.  Chapter 7 asset cases require that the trustee liquidate the assets which often takes several years. Chapter 13 cases remain open as long as the plan payments are being made, generally for three to five years after the plan has been confirmed.  Chapter 11 reorganization cases are more complicated and may remain open longer than three years even if a plan has been confirmed.

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When will I get my discharge?

When will I get my discharge?

Individual debtors are eligible to receive their Chapter 7 discharge 60 days from the date set for the 341 meeting, unless a creditor objects in a timely manner or the court orders otherwise.  In the normal case where no complaint objecting to the discharge is filed, the debtor will receive a discharge within five working days after the 60 days has passed. If a notice of amendment to schedules is filed to add creditors, the discharge will be delayed an additional 30 days from the date of filing the notice. Failure of the debtor to complete the Personal Financial Management Course and to file the required form (AO 423) will delay the debtor's discharge and, if the case is otherwise ready to close, may result in the case closing without issuing a discharge to the debtor.  If this occurs and the debtor wishes to file the required forms and apply for a discharge, the case will need to be reopened and the required reopening filing fee paid.

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Are all of my debts canceled (discharged) by the Bankruptcy Court?

Are all of my debts canceled (discharged) by the Bankruptcy Court?

No, certain debts are not canceled (discharged) by the US Bankruptcy Court. Examples could include taxes, school loans, debts resulting from fraud, alimony and child support payments. Other debts are canceled (discharged) only if your petition is approved by the US Bankruptcy Court.

Specific questions you have should be directed to an attorney or financial advisor. The Clerk of the Bankruptcy Court can answer questions about court procedures for you but is prohibited by law from giving legal advice.

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