About Bankruptcy Law in Kansas, United States
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.
Why You May Need a Lawyer
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:
- You are uncertain which type of bankruptcy to file
- Your debts involve complex issues, such as tax debts or student loans
- You want to protect specific assets under Kansas exemptions
- You are facing foreclosure or wage garnishment
- You have questions about reaffirming certain debts, like a car loan
- You previously filed for bankruptcy and are not sure if you are eligible to file again
- You want to ensure your paperwork is accurate and complete to avoid dismissal
- Your creditors are violating the automatic stay or have filed objections
Local Laws Overview
Bankruptcy proceedings in Kansas follow federal law, but Kansas law affects several important aspects:
- Exemptions - Kansas has its own set of exemptions that determine what property you can keep, such as a homestead exemption protecting up to a certain amount of equity in your primary residence
- Means Test - To qualify for Chapter 7 bankruptcy, Kansas residents must pass a means test based on their income and household size
- Property - Kansas exemptions cover vehicles, personal property, wages, and more, but federal nonbankruptcy exemptions are not available in Kansas
- Filings - All bankruptcy filings in Kansas are handled in federal court, specifically the United States Bankruptcy Court for the District of Kansas, which has locations in Kansas City, Topeka, and Wichita
- Mandatory Counseling - Individuals must complete credit counseling from an approved provider prior to filing and take a debtor education course before discharge
- Spousal Issues - Kansas is not a community property state, but certain assets acquired during marriage may be considered in bankruptcy
Frequently Asked Questions
What types of bankruptcy are available to individuals in Kansas?
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.
What property can I keep if I file for bankruptcy in Kansas?
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.
Will bankruptcy stop foreclosure or repossession?
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.
Will all my debts be eliminated in bankruptcy?
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.
How long will bankruptcy stay on my credit report?
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.
How much does it cost to file for bankruptcy in Kansas?
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.
Can I be fired for filing bankruptcy?
No, federal law prohibits employers from firing or discriminating against someone solely because they filed for bankruptcy.
Does my spouse have to file bankruptcy with me?
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.
How long does the bankruptcy process take?
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.
What is a bankruptcy discharge?
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.
Additional Resources
If you are considering bankruptcy in Kansas, these resources may be helpful:
- The United States Bankruptcy Court for the District of Kansas - Offers forms, filing information, and additional guidance
- Kansas Legal Services - Provides legal aid and advice for low income individuals
- National Foundation for Credit Counseling - Offers approved pre bankruptcy credit counseling
- Kansas Bar Association - Offers lawyer referral services and informational materials
- U.S. Trustee Program - Oversees the administration of bankruptcy cases and offers consumer resources
Next Steps
If you believe bankruptcy may be the right choice for you, here is how you can proceed:
- Gather information on your debts, assets, income, and expenses
- Consult with a qualified Kansas bankruptcy attorney to evaluate your options
- Complete the required credit counseling course from an approved provider
- File your bankruptcy petition with the United States Bankruptcy Court for the District of Kansas
- Attend the required meeting of creditors and complete the debtor education course
- Follow your attorney’s advice to ensure you meet all deadlines and disclosure requirements
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.
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