Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Bankruptcy is a legal process that helps individuals and businesses in Kansas who are unable to pay their debts. Filing for bankruptcy can provide a fresh financial start, stop creditor harassment, and prevent certain types of property from being taken. Bankruptcy laws in Kansas are governed by federal statutes, notably the United States Bankruptcy Code. However, Kansas has specific rules regarding what property you can keep and how bankruptcy works locally. There are several types of bankruptcy, but the most common for individuals are Chapter 7 and Chapter 13. A bankruptcy filing can have significant impacts on your financial future, so it is important to understand your options and obligations.
Bankruptcy law can be complex and intimidating. While it is possible to file for bankruptcy on your own, many people find it beneficial to work with a qualified bankruptcy attorney. Here are some common situations where you may need legal help:
Bankruptcy proceedings in Kansas follow federal law, but Kansas law affects several important aspects:
The main types are Chapter 7, which eliminates most debts quickly, and Chapter 13, which involves a repayment plan over three to five years. Some individuals may also qualify for Chapter 11, though it is less common.
Kansas law protects certain property from creditors, such as your home (with an unlimited homestead exemption for your primary residence), a car up to a certain value, some personal belongings, retirement accounts, and a portion of your wages.
Yes, filing for bankruptcy triggers an automatic stay, which temporarily halts foreclosure, repossession, wage garnishment, and other collection activities. However, this protection may be temporary if you cannot catch up on payments.
Not all debts can be wiped out. Most unsecured debts, like credit cards and medical bills, can be discharged. However, student loans, some taxes, child support, and alimony are generally not dischargeable.
A Chapter 7 bankruptcy remains on your credit report for up to 10 years. A Chapter 13 case stays on your report for up to 7 years from the filing date.
There are court filing fees for both Chapter 7 and Chapter 13 bankruptcies. As of 2024, these are roughly $338 for Chapter 7 and $313 for Chapter 13. Attorney fees are additional and vary by case.
No, federal law prohibits employers from firing or discriminating against someone solely because they filed for bankruptcy.
No, but if you have joint debts, your spouse may still be responsible for those debts after your case is complete. It is important to discuss your situation with a bankruptcy attorney.
A typical Chapter 7 case takes about three to four months from filing to discharge. Chapter 13 cases last three to five years due to the repayment plan.
A discharge is the court order that releases you from personal liability for certain debts, meaning you are no longer legally required to pay them. Most unsecured debts are eligible for discharge in bankruptcy.
If you are considering bankruptcy in Kansas, these resources may be helpful:
If you believe bankruptcy may be the right choice for you, here is how you can proceed:
Taking these steps will help you navigate the bankruptcy process and give you the best chance for a fresh financial start. Always consult with a professional to understand your rights and obligations under Kansas and federal bankruptcy laws.
