Expert: Terry Leeders - 1/5/2008

Question
Discharge denied Oct 2007 in Chapt 7 from failure to disclose insurance settlement.  Can I ever buy a car or house?  Will this ever age off my credit? Is there any statute of limitations? Could I file these same debts in a Chapater 13?  The trustee denied my homestead included in Schedule C on the basis that fderal exmptions under 522(d) cannot be used in Missouri.  Will the trustee sale my home?  The current value is listed at the mortgaged value. price.

Answer
You need to meet with a Missouri attorney.  Bankruptcy will stay on your credit report for 10 years.  You may file another case under chapter 13 if you wish.  You might be able to file another chapter 7, but your attorney will have to list all of your assets and all of your debts properly.  Each state has exemptions to protect assets, so discuss the equity in your home based on the allowable Missouri exemption to be properly advised if your home would be protected.  Obviously, your next case will be highly scrutinized because of the previous denial of discharge, so it is highly recommended that you get an attorney to assist you.