Filing Bankruptcy In Kansas

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Filing bankruptcy in Kansas is basically the same as another other state.  However, they do have varying laws regarding what can be kept, and what must be paid, regardless of the court proceedings.  Debtors have two options for filing personal bankruptcy-Chapter 13 and Chapter 7.  However, bankruptcy does not come without sacrifice.  People filing Chapter 7 will have to relinquish assets that can be sold to satisfy some of what is owed to creditors.  It may be necessary to give up the family home and car.  Under Chapter 13, every effort can be made to retain assets and try to save a single-owned small business. 

Personal Bankruptcy in Kansas

According to U. S. Bankruptcy Code Title 11, individuals in Kansas can file Chapter 7 or Chapter 13 bankruptcy.

  • Chapter 7 Bankruptcy - Debtors must qualify for Chapter 7 bankruptcy.  Paperwork will have to be filed with the court, proving that the ratio between income and bills is not doable.  It is called a means test.  Then, a list of all the assets and creditors will have to be filed with the court.  The court trustee will then seize all assets that can be resold to help repay creditors.  The median income for as single worker is $41,004, the 2-person household is $56,146, and a 3-person family is $63,245.
  • Chapter 13 Bankruptcy - For those who are still earning a wage, Chapter 13 bankruptcy can often restructure payments to meet current income, if the debtor took a pay cut or had an unexpected medical bill.  Filing can serve to stop creditor demands, until a feasible repayment schedule is set up by the court.  Then, the debtor can pay an amount to the court, and keep up all future bills, in order to retain all assets.  Nevertheless, the debtor cannot have more than $1,010,650 in secured debt and $336,950 in unsecured debt.

Filing Bankruptcy during Foreclosure

Filing bankruptcy during foreclosure usually only serves to put off the inevitable.  If the process has already begun, the lien holder can request the court to release the debt, so the property can be resold to satisfy the debt.  Instead, debtors should contact a bankruptcy lawyer as soon as they get behind, and know it will not be resolved next month.  A lawyer can discuss the law and the options available to the debtor.

Kansas Bankruptcy Exemptions

In Kansas, certain exemptions are allowed.  The creditor can ask to keep assets that include, but are not limited to the items in the following chart:

Type of Asset(s)

Details on Applicable Exemption(s)

Homestead

Homestead of unlimited value, but no more than 1 acre in town or 160 acres elsewhere

Insurance

Fraternal, life insurance proceeds if prohibited to be used to pay off creditors, life insurance forfeiture, if the policy was purchased within a year of bankruptcy

Misc.

Liquor license and business partnership properties

Pension

Elected officials-if the population is between 120,000-200,000, qualify ERISA, Federal Government pension, firefighters, judges, police officers, public employees, highway patrol, state teachers

Personal Property

Burial plot or prepayments, clothing for a year, food and fuel, household furnishings and equipment, jewellery up to $1000, motor vehicle for the disabled, motor vehicle worth no more than $20,000 for others,

Benefits

Social Security, welfare, unemployment and workmen’s comp, compensation for a crime victim

Tools of trade

Uniforms, fires, and other supplies and books not worth more than $7500

 

Kansas Bankruptcy Filing Options

Need Bankruptcy Advice?

  • Use a Bankruptcy Lawyer - Even if it costs money, and it has to be borrowed, a bankruptcy lawyer is strongly advised.  Not only will he/she be aware of all the nuances, but also all of the necessary paperwork will be filed, and the debtor will have someone who can answer any questions, during the entire process. 
  • Use a Filing Service - Some people decide to represent themselves, so they hire a filing service to take care of the paperwork.  Unfortunately, if the service forgets something, the debtor will be held responsible in court, which could lead to fraudulent charges.  In addition, they cannot offer any legal advice or answer any questions.
  • File “Pro Se” - To file pro se is risky.  The debtor will need to be well versed on Kansas bankruptcy laws, have all of the paperwork filed, and be able to answer any legal questions that may come up in court.  With all of the little details that bankruptcy requires, it can be an impossible task to know everything necessary.  Any mistakes can result in the case being thrown out of court.

Courts and Kansas Bankruptcy Trustee Information

Kansas District Court

259 Robert J. Dole
United States Courthouse
500 State Avenue
Kansas City, KS 66101-2400

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