How To File Bankruptcy In Kansas

What Is Chapter 13 Bankruptcy In Kansas

A Chapter 13 bankruptcy in Kansas allows debtors to develop a repayment plan instead of using the proceeds of their liquidated properties and assets to settle their debts. Although similar to Chapter 11, it is only available to persons with stable income. As a result, Chapter 13 bankruptcy is also known as the Wage Earner Plan. Interested persons who wish to file for Chapter 13 can retain the properties and assets as well as pay off their debts within an agreed period â usually 3 to 5 years.

The bankruptcy court in the District of Kansas appoints a trustee who oversees the entire bankruptcy case process. Debtors under this chapter pay installments to the trustee who in turn distribute it to the creditors. Similar to other types of bankruptcies, Chapter 13 prevents creditors from contacting or harassing the debtor. Co-signers under this chapter may also be protected from having to partake in the repayments of debts owed. Chapter 13 bankruptcy records may last up to 7 years on the debtorâs credit score.

Under Chapter 13, certain debts are not dischargeable by the debtor. In fact, there is a limit to the total amount of debts they can discharge. According to the United States Bankruptcy Code, 11 U.S.C. § 109, the unsecured and secured debts of individuals filing for Chapter 13 must not be more than $250,000 and $750,000 respectively. The price limits on the debts are not fixed and are in line with the consumer price index.

Research And Reproduction Fees

Note: The National Archives at Kansas City accepts credit cards, checks, or money order as payment for services rendered.

Bankruptcy case files that exceed 400 pages will not be reproduced in full for researchers. National Archives staff can assist researchers with refining their search. You may also decide to hire an on-site researcher on your behalf.

*These are copies made using the copy machine provided in the research room

Patrons are invited to bring their own digital camera or flatbed scanner to make digital reproductions of archival materials. Please contact us prior to arrival to ensure that your equipment is approved. Wand scanners and form feed scanners are not permitted.

What time periods are covered by these records?

Bankruptcy case files were created by the Federal court to contain the records of bankruptcy case proceedings. The content varies depending on the type of bankruptcy and the time period in which the case was filed. There have been five major Bankruptcy Acts by the Federal government: 1800, 1841, 1867, 1898, and 1978.

*Some courts initiated earlier sampling projects with earlier acts. Questions about sampling should be directed to the National Archives at Kansas City.

What is the research value of Bankruptcy Case Files?

What information is found in bankruptcy case files?

Dealing With Your Car

If you have a car loan you are still paying on when you file Chapter 7 bankruptcy in Kansas, your car will play two distinct roles in your case. First regardless of whether you owe money on it, your vehicle is an asset you own. The loan that is associated with your car is a secured debt. How you deal with the debt is up to you. You can either walk away completely and surrender the vehicle to the creditor. Your Kansas bankruptcy enables you to do that and your discharge protects you from having to pay the balance left on the loan. There is, of course, a couple of ways to deal with the loan that will allow you to keep the car instead. One such option utilized by a lot of people filing Chapter 7 in Kansas is entering into a reaffirmation agreement with the bank. This prevents your personal liability on the car loan from being discharged, but as long as you continue to make the payments as set forth in the reaffirmation agreement you get to keep the car. Once the loan is paid off, you will own the vehicle free and clear as though you never filed Chapter 7 bankruptcy in Kansas.

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Chapter 7 Bankruptcy Or Chapter 13 Bankruptcy

Residents of Kansas have two types of bankruptcy that they can file for: Chapter 7 or Chapter 13.

Depending on your financial circumstances and your reason for declaring bankruptcy, its important to understand the differences between the two.

There are a couple of situations where a chapter 13 filing is preferable to Chapter 7.

Chapter 13 bankruptcy is the only choice available if you are struggling with your mortgage or business payments, but want to keep your property.

Chapter 13 allows you to make up your overdue payments over time and also reinstate the original mortgage agreement. Chapter 13 filing is also usually the only choice if you have too much income to file a Chapter 7 bankruptcy, or if you have debt that is non-dischargeable in a Chapter 7 filing .

Most residents of Kansas will opt for a Chapter 7 bankruptcy if they want to eliminate their debt and stabilize their finances. There is no minimum amount of debt required or an income limit when it comes to filing Chapter 7 bankruptcy.

A Chapter 7 filing allows you to start fresh once the bankruptcy is discharged and the only debt you owe will be for secured assets which you choose to sign with a Reaffirmation Agreement.

Its worth keeping in mind that even if you are able to file for Chapter 7 bankruptcy, its not always the best option.

Timing Your Kansas Bankruptcy

You can file for bankruptcy in Kansas after living there for more than 180 days. However, you must live in Kansas much longer before using Kansas exemptionsat least 730 days before filing, to be exact. Otherwise, you’d use the previous state’s exemptions.

But suppose you lived in multiple states during the two years before filing for bankruptcy. In that case, you’d use the exemptions of the state you lived in for most of the 180 days before the two-year period that immediately preceded your filing. .) Learn more about filing for bankruptcy after moving to a new state.

Also, to claim the total value of the Kansas homestead exemption, you must have purchased and owned the property for at least 1,215 days before the bankruptcy filing. If you can’t meet this requirement, your homestead exemption is limited by federal law to $170,350 .

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Are You Struggling With Debt In Kansas

It is stressful and frustrating when creditors take legal action to seize your bank accounts,repossess your car,foreclose on your house orgarnish your wages. Fortunately the U.S. Bankruptcy law provides you with tools to either get more time to pay your debts or to cancel them altogether. If you are suffering from these difficulties, it is urged that you immediately contact a bankruptcy lawyer in Kansas.

How To File Bankruptcy In 2021 For Free: A 10

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In a Nutshell

Chapter 7 bankruptcy is an important debt relief tool for Americans in severe financial distress from losing a job, getting injured, or getting divorced. Upsolve walks you through the steps on how to file for Chapter 7 bankruptcy and get your fresh start in 10 steps.

Written by Attorney Andrea Wimmer.

Before Starting…

First, you need to determine whether filing bankruptcy will help you. Bankruptcy is a powerful debt relief tool, but only if it makes sense for your financial situation. Filing any type of bankruptcy provides immediate debt relief through the automatic stay. Thatâs the law that prohibits creditors from contacting you as soon as your bankruptcy case has been filed. It also stops a wage garnishment right away.

Chapter 7 bankruptcy is a very effective tool for erasing credit card debt, medical debts, and most other unsecured debt. Although Chapter 7 is a liquidation bankruptcy, filers are able to keep all their property in more than 90% of all consumer bankruptcy cases in the United States. You can file bankruptcy under Chapter 7 once every 8 years.

• The name of your bankruptcy trustee

• The date, time, and location of your meeting with your trustee

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Filing Chapter 13 In Kansas And Attending Court

Your bankruptcy lawyer files your bankruptcy forms and obtains a case number. The bankruptcy court schedules a First Meeting of Creditors and a Confirmation Hearing. In most cases, these are the only two hearings that most bankruptcy debtors attend. Your bankruptcy lawyer prepares you for the hearing and attends the hearings with you.

Once your Chapter 13 bankruptcy plan is confirmed, you continue to pay your Chapter 13 bankruptcy payments until your case is complete. If you have any problems or questions, you contact your Chapter 13 bankruptcy attorney immediately. Your attorney is there to direct and guide you so that you can complete your bankruptcy plan to get a fresh start, free from the debts that are weighing you down and preventing you from achieving your financial goals.

How To Determine If You Need A Consumer Or Business Bankruptcy

To be able to file for a Chapter 7 bankruptcy, the debt accumulated has to be consumer debt therefore, a person who has business debt does not qualify to file for a Chapter 7 bankruptcy. If you have debt relating to business expenses, a means test is not necessary.

If the debt collected is mainly comprised of business expenses, that individual will need to file for a business bankruptcy.

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What Happens If You File In The Wrong Place

If you file your papers in the wrong bankruptcy court, it may delay your case. The bankruptcy trustee will probably bring the matter to the attention of the bankruptcy court judge. If the judge then finds that the trustee could more easily handle your case in another location, the judge may transfer or even dismiss your case. Because of these potential hassles, if you have any questions about the best place to file, it would be wise to get legal help before you submit your papers to a court.

Free Pdf Downloadable Bankruptcy Forms

Can’t find what you’re looking for? Additional forms can be found at the official forms page forms provided by the US Court system. All bankruptcy forms available for free as Adobe Acrobat forms. Source: USCourts.gov

– all your own, what you owe, and – whom you owe it to – how you’d like to handle your secured debts

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How Do I Find Out If My Bankruptcy Case Is Closed In Kansas

A case participant can inquire about the closed status of a bankruptcy case by contacting the clerk of the court where the petition was filed. The Public Access To Court Electronic Records tool also allows subscribers to view the status of a bankruptcy case. Usually, the clerk’s office will send a notification via mail, either directly to the debtor or to the debtor’s attorney that handled the case, when the court orders the closure.

Kansas Bankruptcy Exemptions And Law

By Bret Thurman, J.D. | Reviewed by Bridget Molitor, J.D. | Last updated April 21, 2021

Champagne corks popped in banks around the country when, in January 2021, the Consumer Financial Protection Bureau eliminated one of the last major protections families had against debt collectors. Thanks to this regulatory rollback, which is really the culmination of a series of rollbacks, many debt collectors are more aggressive than ever before. This development is especially bad news for Kansans. Already, banks in the Sunflower State usually don’t need court orders to seize your assets and sell them to pay your debts.

As outlined below, bankruptcy might be your best option to stop asset seizure, even if you are several months behind on payments.

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How To Request Bankruptcy Case Files For Use On

The National Archives at Kansas City provides on-site access to bankruptcy records to researchers in our research room. Appointments are required to view the materials as they must be retrieved from an off-site storage location.

Researchers must submit a request at least two business days in advance of their desired appointment. Our research room is open Monday-Friday, 8 a.m. 4 p.m. We are closed Saturday, Sunday, and all Federal holidays. If you are unable to travel to Kansas City, you may hire a local researcher.

National Archives at Kansas City 400 W. Pershing Rd. Kansas City, MO 64108

In addition to making copies using our self-service photocopier, researchers are also permitted to make digital images of the records using their personal cameras and scanning equipment following NARA guidelines.

Court records created in the nineteenth and early twentieth centuries are often trifolded. Occasionally we may need to perform preservation work on documents before they are available for research. As a result, there may be delays in accessing records, as they are prepared for safe handling.

Take Credit Counseling Course

You have to take two mandatory credit counseling courses to complete your Chapter 7 bankruptcy. The Chapter 7 trustee may request the certificate of completion in the meeting of creditors. The first course is a pre-bankruptcy course, and the second is the pre-discharge course.

If you are filing with an attorney, your attorney may have suggestions for both the credit counseling and debt education course. If not, you can see the list of approved credit counseling courses in Kansas.

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Successfully Passing The Chapter 7 Bankruptcy Means Test

Passing the means test is not the last step in the process, as it is not the only qualifying factor. In Kansas, petitioners will be required to also submit two forms. These forms are known as Schedule I and Schedule J . If the individual has an income surplus, he or she will be court ordered to pay creditors monthly. This changes the case to a Chapter 13 bankruptcy.

Finally, qualifying for a Chapter 7 bankruptcy does not mean that a petitioner must file one. The test will simply determine that the petitioner can file for a Chapter 7 bankruptcy. It is important to explore all the available alternatives prior to making a decision. A qualified bankruptcy attorney versed in the laws local to Kansas is a invaluable resource for determining if a Chapter 7 bankruptcy is the best decision.

Need Help with the Chapter 7 Bankruptcy Means Test?

Despite the wealth of information available to help us understand the Means Test and who qualifies, the particular circumstances of individual filers can greatly vary. A qualified Pennsylvania bankruptcy attorney at your side can help fully allay your concerns, and help you understand how you can pass the means test and file for Chapter 7 bankruptcy.

Completing Your Bankruptcy Forms

A typical Chapter 13 bankruptcy package could be 100 or more pages. When you file Chapter 13, you must complete the approved bankruptcy forms and any local bankruptcy forms required by the bankruptcy court. Your bankruptcy lawyer completes the forms and reviews each form with you to ensure accuracy and completeness before the attorney files the forms with the court.

The forms for a Kansas Chapter 13 case includes information about your:

• Real estate
• Co-debtors
• Leases and Executory Contracts

The Statement of Financial Affairs is a form with almost two dozen questions about your received financial transactions. It includes income for the past two years, recent payments to certain creditors and insiders, a list of lawsuits, gifts, contributions, leases, transfers, and other information. Your bankruptcy attorney assists you in gathering information and completing your bankruptcy forms.

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A Look At Exempt Assets For Bankruptcy

While bankruptcy happens in federal court, your assets are managed differently depending on the state where you live. The majority of states use the exemption laws set by Congress, but 17 states, including Kansas, have a separate set of exemption laws. You have a choice of which exemption system you want to use and, in some cases, you can mix and match federal and state laws, depending on what is best in your particular situation. Its best to contact an attorney when you want to file for bankruptcy. They can decide what route is best for you.

Do I Qualify For Chapter 7 Bankruptcy

There is no minimum amount of debt necessary to file for bankruptcy. To qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, a corporation or other business entity. However, an individual cannot file under Chapter 7 or any other chapter, if, during the preceding 180 days:

• A prior bankruptcy petition was dismissed due to the debtors willful failure to appear before the court or comply with orders of the court
• The debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens

In addition, debtors under Chapter 7 or any chapter of the Bankruptcy Code must, within 180 days before filing, receive credit counseling from an approved credit-counseling agency. This can be either in an individual or group briefing. The credit counseling session can be arranged through your attorney and can be taken over the phone or on the computer.

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