• "What will be the effect of my bankruptcy on me personally?"

    It will give you peace of mind.

  • "Will my credit be ruined for 10 years?"

    Absolutely not.

  • "Can I discharge Income Taxes?"

    Yes, if they are more than 3 years old.

  • "Do I have to be working to file Chapter 13?"

    No, as long as you have a reliable source of income so that you can make your plan payments.

  • "When can I purchase a new vehicle on credit after I file chapter 7?"

    In most cases between 1 day and 3 months, if you would qualify otherwise.


Welcome to the LAW OFFICE
of NEIL WEINTRAUB

Attorney At Law for Personal, Family and Business Bankruptcy

When you choose an attorney it is important to choose one who has significant experience in the area that you are seeking. It is also an advantage to employ an attorney who has represented a variety of different kinds of clients in that area. I have practiced bankruptcy law for the past 28 years, after having been a law clerk for a state Supreme Court Judge. During that time period I worked for Chapter 7 trustees, and conducted and presided at Sec. 341 Meetings of Creditors. Additionally, I represented the United States as a trial attorney for the Office of the United States Trustee, an agency that supervises and oversees many aspects of the bankruptcy system for the Eastern District of Missouri. In private practice, my clients included a municipality in St. Louis County ( a Chapter 9 bankruptcy ), numerous Chapter 11 business debtors and consumer debtors, and approximately 2,000 Chapter 13 and Chapter 7 debtors. Additionally I have represented creditors such as banks, mortgage companies, and car dealers.

My focus is to provide the most aggressive service for my clients, particularly regarding preventing foreclosures, removing garnishments and preventing repossession of vehicles (or securing the return of the vehicles that have been repossessed). I provide immediate attention to situations that require an immediate response to creditor activity. If you are overwhelmed with debt, creditor calls and law suits, I work to get your case filed expeditiously to provide immediate relief from the financial stress that you are experiencing. I provide an initial free consultation so you may call for an appointment or click here to email me to request an appointment. I am licensed in Missouri and Illinois.

  • CLIENT TESTIMONIAL
    Ken P.
    February 2014
    Neil Weintraub is one of the best, if not the best, debtor bankruptcy lawyer in St. Louis. Mr. Weintraub, from the first time that we met through the entire five (5) year plan, has impressed us with his professionalism, outstanding legal abilities, work ethic, and attention to detail. We have been so pleased and grateful for his help that we have referred eight (8) new clients to Mr. Weintraub's practice. If you are looking for the best debtor bankruptcy attorney in St. Louis, we highly recommend the office of Neil Weintraub. You and your interests will be well served and represented.
  • CLIENT TESTIMONIAL
    Tracey
    February 2014
    I would like to say that Mr Weintraub helped me immensely with my Chapter 7 filing, explaining everything to me in terms I could understand and helping me to know all my options before I filed. He was very kind and understanding of my financial situation, and not judgemental at all. I felt so relieved and confident that I was dealing with an attorney that was looking after my best interests, and not just interested in how much he was getting paid. I have recommended him to several other people now with the same reliable results.
  • CLIENT TESTIMONIAL
    Willie B.
    February 2014
    I would like to express the services I've received from Neil Weintraub attorney @ Law for bankruptcy. I met Mr. Weintraub five years ago when I was about to loose everything including my mind. Weintraub Law assured me all would be okay and I could move forward with my life, indeed I walk from under the unbearable pressure of hunting debt. Mr. Weintraub is a very enthusiastic man and seems to enjoy not just working, "But Working for the people at a fast pace to help them out of the crisis their in. Weintraub shows effectiveness with his ability and his position shows how excited he is to stretch a help in hand to seeker's. I love to share Mr. Neil Weintraub with other's because he's what the people need, "A man of his word and his services or 24/7 though email, office or cell phone what more can you ask for! Weintraub, works diligently and his performance is motivating with great decisions on my behalf I am inclined to believe this respectable Bankruptcy Attorney is what we need, with his knowledge and expertise and skills these great additions shows his confident for all.
Chapter 13
  • Chapter 13 of the Bankruptcy Code is designed primarily to allow individuals to become current on payments that they are behind on their mortgage or a motor vehicle. The filing of a Chapter 13 stops a foreclosure and prevents a repossession of a vehicle. It also stops a garnishment. In Chapter 13, a homeowner is given 48 months to catch up on the amount that he is behind on his mortgage, providing he is able to resume making monthly payments going forward during his plan. The owner of a vehicle subject to a loan has up to 5 years to pay off the loan at a low rate of interest ( currently at 4.75% in Missouri). However, if the loan is more than two and a half years old, then the law only requires that the value of the vehicle be paid. A Chapter 13 also allows a debtor to pay delinquent tax debt over five years without interest or penalties. Unpaid unsecured debts are discharged at the conclusion of the case as in a Chapter 7 case.

    A Chapter 13 may be filed minutes prior to a foreclosure, and it will still stop the foreclosure. Even after repossession of a vehicle, if the case is filed within ten days of the repossession, then the court will order the lender to return the vehicle to the Debtor.

    Chapter 13 may also be used where a Debtor would have to give up property if he filed a Chapter 7 case. For instance, if a person had $50,000 of credit card debt and owned a vehicle worth $10,000 (without a lien against it), if he then filed a Chapter 7 he would have to surrender his vehicle to a Trustee in order to receive a discharge of his credit card debt. However, if he filed a Chapter 13 case, he would keep the vehicle and in exchange for being able to keep the vehicle, he would pay the value of the vehicle over the course of the chapter 13 plan. When the case ends, all of the credit card debt is discharged and the debtor retains his vehicle. The same would apply to any property which has equity and value which a person would have to otherwise surrender in a Chapter 7 case. The essential ingredient to the success of a Chapter 13 plan is a Debtor who makes monthly payments on time to a Trustee according to the terms of his Chapter 13 plan.

    Regarding the process of a chapter 13 case, approximately 30 days after a case is filed the debtor will have a short meeting with a trustee, the person to whom you will make your payments. I attend that meeting with the client. There will normally be twenty or thirty Chapter 13 filers on the docket and the Trustee will call one case at a time. The Chapter 13 trustee examination will generally last for five to ten minutes with most of the questions being informational and for the purpose of confirming the information contained in your paperwork filed with the Court. If the case is more complex the meeting will normally take longer. In Missouri the Trustee meetings are held in a meeting room at the Eagleton Federal Court House in downtown St. Louis . In Illinois the meetings are held in the administration building adjacent to the District Courthouse on Missouri Ave. in East St. Louis. If you would like to learn more about Chapter 13 please click on the following link United States Courts - Bankrupcty. If you would like to make an appointment for your free consultation please click here.

Chapter 7
  • Chapter 7 bankruptcy allows a person to discharge all or most of his unsecured debt. Examples are credit cards, unsecured loans, utilities, taxes that are more than 3 years old, payday loans, and medical bills. Examples of non-dischargeable debts are student loans, recent taxes, and child support debt. Typically, if an individual does not own property of significant value and is not earning a high income, he can file Chapter 7 bankruptcy and discharge the debts set forth above without losing any property. Theoretically, when a Debtor files chapter 7 bankruptcy, he agrees to surrender property that has value to a Trustee in exchange for a discharge of debts. However, in most Chapter 7 cases there is no property that can actually be recovered, either because it is exempt under Missouri law, it is subject to a lien, or it is not of sufficient value to be worthwhile for a Trustee (see below) to collect.

    Regarding the process of a Chapter 7 case, the client will come in for a free initial consultation. After the consultation, the client will take paperwork home to complete which requests information regarding a list of his debts, his income and expenses, a list of the property than he owns as well as other financial information. After completing the form the client returns the form to the office after which information is entered into a computer bankruptcy program. The client then returns to the office to sign the bankruptcy schedules. The schedules are then filed with the Court electronically The Court then sends notice to your creditors that you filed bankruptcy. When creditors receive notice they are enjoined or prevented from taking any action to collect their debt. Additionally, a "Trustee" is appointed by the Court. A Trustee is an individual who is appointed to your case for the purpose of verifying information in your paperwork and determining whether there is property that he can collect and sell to pay off some of your debt As mentioned above, in most cases the trustee collects no property from you. Approximately 30 days after your case is filed you will have a meeting with your Trustee. I attend that meeting with the client. There will normally be twenty or thirty Chapter 7 filers on the docket and the Trustee will call one case at a time. The Chapter 7 trustee examination will generally last for five to ten minutes with most of the questions being informational and for the purpose of confirming the information contained in your paperwork filed with the Court. If the case is more complex the meeting will normally take longer. Sixty days after the Trustee meeting you will receive an Order of Discharge from the Court which renders all of your dischargeable debt discharged and canceled, such that no discharged creditor may ever take any action to attempt to collect its debt, including even a phone call.

    In Missouri the Trustee meetings are held in a meeting room at the Eagleton Federal Courthouse in downtown St. Louis or in Wentzville, MO. In Illinois the meetings are held in the administration building next to the District Court House on Missouri Ave. in East St. Louis. A Chapter 7 will be on your credit report for 10 years; however, if you pay all of your future debts on time after your case is discharged then your credit score should improve significantly within two to three years. With respect to purchasing a vehicle, there are a number of dealers in the area that will make available financing for a replacement vehicle immediately after the filing or after the discharge of a Chapter 7 case. For additional information regarding Chapter 7 please click on the following link United States Courts - Bankrupcty. If you would like to make an appointment for your free consultation please click here.

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ADDRESS
Neil Weintraub, Attorney At Law
1515 N. Warson Road, Suite 232
St. Louis, MO 63132
USA

Phone: +1 (314) 890-8800
Fax: +1 (314) 890-9416