Frequently Asked Questions

Missouri, Kansas, and other jurisdictions each have various statutes of limitations that affect how long you have to file a lawsuit after you have been injured. The applicable statute of limitations depends on the type of injury. One of the first things we do when meeting with a new client is determine the applicable statute of limitations. If you meet with us, we’ll quickly provide you with that information. Regardless of the statute of limitation that could apply to your claim, it is important to contact an attorney as soon as you can after you have been injured so that you can obtain optimum results.

House Packard McElderry handles personal injury claim on a contingency fee basis, which generally means that you do not owe anything unless there is a recovery.

The best way to find out whether you need a lawyer is by calling us to set up an appointment. We offer free consultations to people with potential personal injury claims. If you are unable to travel due to the severity of your injuries, we do make house calls. Please call us to discuss your claim.

Sometimes. This kind of case is usually considered a premises liability claim. In order for a court to find the owner of the property liable for your injuries, you must prove that the condition was dangerous for individuals, that the owner of the property knew of the danger, and that the owner had ample time to fix the dangerous condition, but failed to do so. House Packard McElderry has experience handling premises liability cases. We will give your case an honest evaluation and will fight to hold negligent property owners responsible for your injuries.

Typically, a negligent driver’s insurer will pay for the medical expenses and property damage related to an auto accident, although in doing so insurers often attempt to deny a claim or undermine the actual injuries. But when the negligent driver does not carry insurance or doesn’t carry enough insurance, House Packard McElderry will help you to seek uninsured or underinsured coverage form your own insurer. This can quickly become a complicated process and you own insurance company will often try to provide you with little or no compensation. You have insurance for a reason, and you should be compensated when you are injured because of another’s negligence. Contact us today so we can help you get as much compensation as possible.

Typically yes. Dog bite law varies from state to state, and you should speak to an attorney as soon as possible after you were attacked. As long as the victim did not provoke the animal and was not trespassing, the victim may pursue a claim against the owner of the dog and/or the owner of the property for the damages suffered, including medical bills, lost wages, mental anguish, future medical procedures, and therapy.

If you are injured or suffer other damages because of a product you used, you may be able to file a lawsuit to recover for your injuries and damages. This type of lawsuit is a product liability claim. House Packard McElderry has experience litigating product liability cases. These types of claims can result in a great deal of compensation. House Packard McElderry can evaluate your claim and guide you in the right direction.

In this difficult situation, it is best to contact us as soon as possible. Once that happens, we will be able to analyze the claim and help determine whether another person or company is responsible. We can also help determine the applicable statute of limitations and will begin investigating the claim as quickly as possible.

Each state’s law differs regarding who can bring a wrongful death lawsuit. Most often, the first in line to bring such an action would be the surviving spouse, children or grandchildren. Parents of the deceased can usually also bring the lawsuit. If the claim involves the death of a child, it is most often the parents who file the claim. If the deceased has no surviving spouse, children, grandchildren, or parents, then a sibling can file the suit. If there is no surviving sibling, a personal representative can file suit on behalf of the deceased person’s estate. Please contact House Packard McElderry today to discuss your claim.

A bankruptcy is a court proceeding designed to give you a fresh start. Bankruptcy allows an individual or business to discharge, or wipe out, certain debts while usually allowing the debtor to retain most of the assets. At House Packard McElderry LLC we routinely file three types of bankruptcies: Chapter 7, 13, and 11. Call us so that we can determine which Chapter is right for you.

Individuals, married couples, or businesses can file for bankruptcy protection, although bankruptcy may not be possible for debtors who have filed a Chapter 7 bankruptcy in the past 8 years. In order to qualify for Chapter 7 bankruptcy protection, you will also have to pass the means test. To learn more, please call (816) 381-9105 for a FREE consultation.

Chapter 7 bankruptcy can be filed by an individual or a married couple. Chapter 7 enables you to discharge most unsecured debts, likecredit cards, medical bills, and payday loans. You may even be able to discharge tax debt in some circumstances. You will also be able to keep all of your property that is exempt under your state’s law. For example, Kansas, typically allows you to own own your home free and clear and to keep the equity in your home.Chapter 13 bankruptcy is also known as reorganization. In Chapter 13, you and our attorneys will create a plan, which must be approved by the Trustee and the Court, to pay back certain creditors within five years. Who and how much you pay back can be tricky, and there are many factors involved. Many times, under Chapter 13, you will get a discharge of your unsecured debts just as you would by filing a Chapter 7.Determining which Chapter is best and how to prepare the plan takes experience. Jennifer House Packard has filed hundreds of bankruptcies and will be able to guide you through whichever bankruptcy best suits your needs.

Not in Chapter 13 – ever. In Chapter 7, you can retain all exempt property. Exempt property is property protected by state law, which means that creditors cannot touch it and the Trustee cannot seize it.The types of property that qualifies as exempt varies form state to state, so it is important to consult with us so that we can tell you which property is exempt.For example, if you have equity in a second home or a boat, that property is not exempt and the Chapter 7 Trustee can seize it, sell it, and use the proceeds to pay your creditors.

A bankruptcy filing will automatically stay all legal proceedings, which means that court cases or collection actions must stop.If you wages are being garnished or you bank account levied (frozen), then the bankruptcy “automatic stay” will stop the garnishment and release the bank levy (unfreeze it).

Your bankruptcy will be notated on your credit report for 10 years. But there are many ways to rebuild your credit as soon as your bankruptcy has concluded. It is common for people to get car loans and credit cards immediately after the discharge of their case. You may also qualify for a home loan in 2-3 years after the bankruptcy has been discharged. House Packard McElderry can give you tips and advice for quickly rebuilding your credit.Many times, by the time people consider bankruptcy, they have already missed payments or had accounts turned over to collections. In these cases, a bankruptcy can actually help your credit!

No. You will have to attend a “341 Meeting of Creditors” during which you will be questioned by the Trustee regarding the documents that were filed. These meetings are located in a conference room in the Courthouse (no courtroom, no judge). Creditors have the opportunity to attend and ask you questions, but that is rare. We will attend this meeting with you.

For Chapter 7, the Court filing fee is $335. For Chapter 13, the Court filing fee is $310. A Chapter 11 filing fee is much higher.Attorney fees vary depending on the complexity of your case. At House Packard McElderry we offer flexible payment plans. Please contact us at (816) 381-9105 for your free consultation.

The Trustee is a person appointed by the Department of Justice to represente your creditors as a group and to protect their interests. In Chapter 7, the Trustee will review your case to determine if there are any assets to seize from you to pay your creditors. In Chapter 13, the Trustee does not seize assets. Instead, in Chapter 13, the Trustee administers your case by collecting your monthly payment and distributing that payment to your creditors.

No. As a married person, you can file a bankruptcy individually. However, if both spouses are obligated on a debt and only one spouse files bankruptcy, the creditors can still collect from the spouse who did not file. There are times that it may be in your best interest to not file as a married couple. We will be able to give you the best option for your circumstance.

It is important to find an attorney with experience. Jennifer House Packard McElderry has filed hundreds of bankruptcies over her career. Jennifer was previously employed with one of the largest bankruptcy firms in the Kansas City area.Cheaper is not always the best option. Do not always go for the lowest price. Many times those firms that charge bottom of the barrel rates will have you meet with a paralegal and then have that staff member prepare the paperwork. In many of those firms, the attorneys are “hands-off”. At House Packard McElderry, an attorney will handle your case from start to finish.

It is unlikely that you will be able to discharge your student loans, even if they are private loans. But, there are limited circumstances when those loans create a severe hardship and the Court will discharge them fully or partially. These can be lengthy and costly proceedings.

Most student loans Tax debts that have come due within the last 3 years Child support or alimony/maintenance Debts incurred through fraud Punitive damages Criminal fines and restitution

• Credit Cards
• Unsecured loans
• Medical bills
• Payday loans
• Civil judgments

Property settlement resulting from a divorce decree (only under Chapter 13) Secured debts such as cars and home loans – the debt will be discharged but the creditor will still have the right to repossess or foreclose if you do not pay them!

Even if you are on the fence about filing, contact Jennifer E. House Packard, an experienced bankruptcy attorney who specializes in complex cases. Call (816) 381-9105 to schedule a free no obligation consultation. You can also email Jennifer at [email protected]