New Office location for South and Jefferson County:
15% off Attorney fees
for new clients who have an appointment scheduled at our new office location in the month of May and June 2013.
Our new South County office is located at 7321 S Lindbergh Blvd, at the corner of Lindbergh and Lemay Ferry Rd, across from the South County Mall
To schedule an appointment for a free consultation call: 636-916-5400 or click here
Welcome to our website!
Who are we?
We are four bankruptcy attorneys specializing in consumer bankruptcy law with focus on chapter 7 and chapter 13 bankruptcy. Our office files around 600 bankruptcy cases per year and is one of the biggest and experienced bankruptcy law firms in the area. The managing attorney is Tobias Licker who has a superb rating by Avvo for being widely recognized by the legal community for superb conduct and experience.
We have four offices throughout the St. Louis Metropolitan Area.
Which counties do we serve?
We serve the St. Louis Metropolitan Area on the Missouri and Illinois side.
Missouri: Most clients in Missouri come from St. Louis City, St. Louis County, St. Charles county, and Jefferson county. We meet with our Missouri clients in our offices in Florissant (North County), Manchester (West and South County), St. Charles, and St. Louis City. See here a complete list of all counties we serve on the Missouri side.
Illinois: In Illinois, most of our clients come from Madison (Edwardsville, Collinsville, Alton) and St. Clair County (O’Fallon, Belleville, East St. Louis, Fairview Heights). We meet with our Illinois clients in our office in Granite City. See here a complete list of all counties we serve in Illinois.
Why hire us?
Every time the bankruptcy law changes, it is becoming more complicated. Often, only a bankruptcy attorney who is specialized and experienced can guide a client through the bankruptcy process without problems.
Every so often, we see bankruptcy cases that have been mishandled and the client ends up in a worse situation than before.
One example case from this week: a couple has a consultation for a bankruptcy filing with one of our attorneys. They tell us that they have been in a chapter 13 bankruptcy case for the last 5 years and made their payment on time. But shortly before the case should have been over and their debt discharged, the chapter 13 trustee filed a motion to dismiss their case because their plan has not been feasible. If a case is not feasible, it means that either claims by creditors were filed with higher amounts than anticipated. To fix the problem, you (your attorney) would either object to the claim or adjust the payment in your plan. In the case of the couple, nothing happened. The case got dismissed and after five years, they will have to file again. I don’t want to scare anyone. These cases are very rare, most cases proceed without any issues. Finding a good bankruptcy attorney in the St. Louis Missouri area is not difficult. If you go to a doctor for your back pain, you want someone who specialized in back problems. 99% of our work is bankruptcy. We file around 600 cases per year and with that are one of the most experienced bankruptcy attorneys in the St. Louis area.
Where are your offices?
We have five offices throughout the St. Louis area. Four offices on the Missouri side of the river and one office on the Illinois side. Our offices are located in St. Charles, Florissant, St. Louis, Manchester and Granite City. See map and addresses at the very end of this page.
What are the costs?
The court costs:
For the St. Louis Missouri area: The court costs are currently $306 for a chapter 7 and $281 for a chapter 13. If you cannot afford to pay the full attorney fees in full before filing you can apply to pay the court costs in installments, however, if you pay in installments, half of the court costs still will have to pay with filing of the case.
For the St. Louis Metro East, Illinois area: The court costs are the same as on the Missouri side, however, if you need to pay the court costs in installments, you have to pay $46 with filing of a chapter 13 bankruptcy case, and $61 with filing of the chapter 7 bankruptcy case. The first installment payment is due within 20 days of filing.
Our advice: If you are are able to pay the full court cost with filing of the bankruptcy petition, pay with filing. We see too many clients who forget later to make the installment payment to the court and their case gets dismissed.
The attorney fees:
The attorney fees depend on the case. Every case is different. It depends on the chapter you file under, if you file singly or jointly, how many creditors you have, and your income. We offer payment plans that are based on your budget. We offer one of the lowest fees in the region. Our consultation is free. Most clients retain us after the consultation and start their case with a down-payment towards the attorney fees.
What is the next step?
First, a client should schedule an appointment with the attorney for a free, no-obligation bankruptcy consultation. The attorney will look at your situation and will be able to tell you what options are available to you and what the advantages and disadvantages are. The attorney will explain what the bankruptcy filing will mean to you, how it will affect your credit, and how the whole process works.
You can either call us at 636-916-5400 or send an email to firstname.lastname@example.org to schedule an appointment or ask any other questions you might have.
Thank you for visiting our web site, if you have any comments for me directly, please send me an email to Tobias@lickerlawfirm.com
Attorney at Law
Am I eligible to file bankruptcy?
Summary: This article is an overview of who is eligible to file for Chapter 7 or Chapter 13 bankruptcy.
Filing bankruptcy can bring a fresh start, relief from debt and debt collectors and peace of mind. Since 2005, changes in federal law have made it more complicated and time consuming to determine if someone is eligible to file a chapter 7 or chapter 13 and what the monthly payment in a chapter 13 is. Common problems that will prevent a person from successfully filing for bankruptcy and receiving a discharge include previous bankruptcies, income and assets and failure to complete required counseling.
Individuals are eligible for both Chapter 7 and Chapter 13 bankruptcy as long as they reside in the United States and meet the residency duration requirements for filing in their particular jurisdiction. If you are a stockbroker or commodity trader, you are not eligible for Chapter 13 bankruptcy, although you are eligible for Chapter 7 bankruptcy. For small businesses and other entities, consult a qualified bankruptcy attorney in St. Louis to determine your eligibility for bankruptcy.
Previous Bankruptcy Filings
Previous bankruptcy filings can affect your ability to obtain a discharge of your current debts. If you have filed for bankruptcy within the previous six years, the type of bankruptcy you can file may be restricted to Chapter 13. If you had a bankruptcy petition dismissed and the court barred you from re-filing for 180 days, you would first have to file a motion to waive the bar in order to re-file a bankruptcy case. This motion can be either file in you old case if that is still open or it can be filed together with the petition of your new case. The motion to waive the bar, should state detailed reasons that lead to the dismissal of the first bankruptcy case and why it is more likely that a new bankruptcy case will not be dismissed.
Amount of Debt, Income and Assets
Deciding what type of bankruptcy is right for your situation also depends on how much debt, income and assets you have because eligibility is partially determined by these numbers. To be eligible to file Chapter 7 bankruptcy, your disposable income, this is the amount you have left over each month after paying all of your expenses, cannot be high enough to pay a meaningful amount to creditors. In contrast, debtors seeking to file Chapter 13 bankruptcy must have sufficient income to pay their reasonable monthly living expenses with some money left over for bankruptcy plan payments. The monthly minimum chapter 13 plan payment in the St. Louis area is $75 per month. There are limits on the amount of debt that can be discharged under Chapter 13. These debt limits are being adjusted every three years. The last adjustment was made in April 1, 2010. The next adjustment will be in April 2013. Currently, the debt limit for secured debt is $1,081,400 and for unsecured debt $360,475. There are no limits on the amount of debt that can be discharged under Chapter 7.
There are three tests to check for Chapter 7 eligibility: the means test, the asset test, and the totality of circumstances test. Your attorney will work with you to be sure you meet all tests prior to filing. The specific numbers that will apply vary depending upon the allowable expenses and exemptions in your state. For example, a couple receives pension and social security income. The social security income is not included in the means test, and the couple passes the means test. But the social security is included in the schedule I and with a lot of disposable income in schedule I and J, looking at the totality of circumstances, the US Trustee’s office might determine that the couple has sufficient disposable income to pay a meaningful amount in a chapter 13 to their creditors. Another example: even though a debtor has only very little income and passes both the means test and the totality of circumstances test, he might own land outright without any loans on it that has a high market value. He still would be eligible to file a chapter 7 but the value of the land would be un-exempt equity the chapter 7 trustee would like to liquidate to pay to creditors. In this case a chapter 13 case might be a better option.
Since 2005, debtors must complete credit counseling in order to file bankruptcy under any chapter. If you do not complete this counseling and attach the certificate of completion to your petition, the bankruptcy court will dismiss your petition. These courses can be done online or over the phone and take only 30 to 45 minutes. Your lawyer can help you find low cost credit counseling services that the bankruptcy court will accept. Before the court will discharge your debts, you will also have to complete a financial management course. Our bankruptcy attorneys in St. Louis and St. Charles will remind you of every requirement to ensure your debt will be discharged.
Bankruptcy can be a frustrating and confusing process, especially for those already stressed by financial strain. The best way to be sure you are filing the correct type of bankruptcy and that bankruptcy is the correct decision for you is to consult a qualified bankruptcy attorney in St. Louis or St. Louis Metro East if you are residing in our area. Your attorney can help you navigate the complicated and often confusing requirements of the bankruptcy court and help you obtain the debt relief you desire.
Which counties do we serve?
The United States Bankruptcy Court of the Eastern District of Missouri consists of three divisions: The Eastern (St. Louis), Northern (Hannibal), and the Southeastern (Cape Girardeau). The trustee’s meeting and hearings will be in the St. Louis, Hannibal or Cape Girardeau. We normally handle only cases in the Eastern (St. Louis) Division because we do not have offices in Hannibal or Cape Girardeau. If it is more convenient for clients from the Hannibal or Cape Girardeau area to meet with a bankruptcy attorney in St. Louis, we will accept cases on a case by case basis, normally only chapter 7 cases. The counties for the Eastern Division (St. Louis) are: City of St. Louis, Crawford, Dent, Franklin, Gasconade, Iron, Jefferson, Lincoln, Maries, Phelps, St. Charles, St. Francois, St. Genevieve, St. Louis, Warren and Washington.
Southeastern Division (Cape Giradeau): Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Madison, Mississippi, New Madrid, Pemiscot, Perry, Rynolds, Ripley, Scott, Shannon, Stoddard and Wayne.
Northern Division (Hannibal): Adair, Audrain, Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, Shelby.
Where is the court, trustee’s meeting, trustee?
The courthouse for the Eastern District of Missouri is at 111 South Tenth Street, Fourth Floor, St. Louis, MO 63102. This is the address for the clerk’s office, the trustee’s meeting is most often at the first floor. The notice of commencement you receive from the court after your case is filed, has the address and room number listed. Chapter 7 debtors in St. Charles, Lincoln, and Warren County have the chapter 7 trustee’s meeting in Wentzville. Chapter 13 debtors meet in St. Louis. The address for the Chapter 13 trustee in St. Louis is: John V. LaBarge, Jr. Chapter 13 Trustee, PO Box 430908. The address should only be used for sending in monthly plan payments. The 341 meeting will be at the St. Louis Courthouse. There are eleven Chapter 7 Trustees in St. Louis.
Where can I get information about my case?
Your bankruptcy attorney has all information about your case, but you also can access the court’s electronic voice system which provides basic information about your case, such as case number, filing date, attorney name and phone number, status of the case, and when the 341 meeting takes place. The voice system is available 24 hours, seven days a week, and can be accessed by calling (314) 244-4999. If you want to access documents filed in your or in any other bankruptcy case, you can subscribe to PACER, each page that is viewed cost $0.08.
How can I make changes to schedules and creditor matrix?
Your bankruptcy attorney can make changes to your schedules, statements, and creditor matrix with your signature. When you are adding creditors, deleting creditors, changing the amount owed, or changing the classification, for example changing a secured creditor to a unsecured, the court is charging $30.
My case has been dismissed, should I still pay the court cost?
Yes, the court cost must be paid within 5 days after dismissal if it wasn’t paid with filing of the bankruptcy petition. If you don’t pay the court cost within five days, the your are barred from re-filing a bankruptcy case for 180 days. The bar is normally automatically lifted if the court cost in the prior case are being paid before filing of a new case. If you file the new case more than 180 days after the dismissal of the first case and the court cost has not been paid, you can file a new case without paying the court cost of the previous case. That is not possible if you re-file within 180 days of dismissal of the first case. If the fees are not paid in the first case that was dismissed within 180 days, the court will dismiss the second case.
When can I pay the court costs in installments?
We don’t anticipate to see many cases anymore in which clients pay the court cost in installments. When an application to pay court costs in installments is granted, half of the court cost still has to be paid with filing of the petition. In addition, the debtor is allowed to pay in installments only if the attorney did not receive more than $300 before filing of the case. With these new provisions that are taking effect in April of 2012, it is pretty much impossible to pay in installments anymore.
St. Charles office
(serving O’Fallon, St. Peters, Wentzville, Troy, Maryland Heights, Warrenton and surrounding counties)
1861 Sherman Dr
St. Charles, MO 63303
Tel. (636) 916-5400
Fax (636) 916-5402
See location on map
St. Louis Office
(serving St. Louis City, St. Louis County, Affton, Webster Groves, Richmond Heights, and surrounding areas)
3470 Hampton Ave, Suite 101
St. Louis, MO 63109
Tel. (314) 353-0834
See location on map
South & Jefferson County
(Serving West, South, and Jefferson County, Ballwin, Wildwood, Fenton, Arnold, Creve Coeur, and surrounding areas)
7321 S. Lindbergh Avenue,
Saint Louis, MO 63125
Tel. (636) 916-5400
See location on map
(serving, Florissant, Spanish Lake, Ferguson, Berkley, Hazelwood, Bridgeton, Blackjack and surrounding areas)
1281 Graham Rd., Suite 300
(Located at I-270 and Graham Rd, inside First Bank Building, 3rd Floor)
Florissant, MO 63031
Tel. (314) 921-1880
See location on map
Granite City Office
(serving Metro East, including Fairview Heights, Edwardsville, East Alton, Belleville, East St. Louis, O’ Fallon, Swansea, Glen Carbon and surrounding areas)
3600 Nameoki Rd, Suite 201
(Inside First Bank Building, 2nd Floor)
Granite City, IL 62040
Tel. (618) 977-9560
See location on map
Disclaimer: The use of our web site is for informational purposes only, it does not creat an attorney-client relationship. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. The choice of a laywer is an important decision and should not be based solely upon advertising.
- When to File Chapter 13, by Bankruptcy Attorney in St. Charles, MO Tobias Licker (mobankruptcyblog.com)
- What is a hardship discharge in a chapter 13 bankruptcy case? (mobankruptcyblog.com)
- Bankruptcy & the IRS (mobankruptcyblog.com)
- What does the Bible say about debt, by St. Louis Bankruptcy Attorney Tobias Licker (mobankruptcyblog.com)
- How Will Filing for Bankruptcy Affect My Credit Score? By St. Charles Bankruptcy Attorney Tobias Licker (mobankruptcyblog.com)