Kansas Bankruptcy Legal Questions

The Chapter 7 Trustee can take a portion of your 2013 tax refund. For example, if you filed-on October 1st, nine of the twelve months had gone by, or 9/12 = 75%. The Trustee could take 75% of your income tax refund. Normally the Trustee doesn't declare your case an "asset case" unless he or she can get at least $1,000 or more from you. Also, certain parts of your tax refund might be exempt. Like Earned Income Credit or Child Tax Credit. Hope this helps. Good luck!... Read More

When your last case was discharged is irrelevant.  The necessary information to answer your question is: What Chapter was filed in your prior case, and What date was your prior case filed. What bankruptcy chapter are you trying to file now? If your prior case was a Chapter 7, and you're seeking to file a Chapter 7 case now, there needs to be at least 8 years from the date your prior case was filed before filing the next case. For more details on the time periods, click here. Most likely, if your case was filed in 2005, you are eligible to file another case now (or at least next month) under any bankruptcy chapter.  ... Read More

If the provision states that the obligation is not dischargeable in bankruptcy, that is unenforceable.  One cannot contract to make a debt non-dischargeable prior to a bankruptcy case being filed.  The other terms of the contract are able to be rejected in bankruptcy as well, so that you will not be responsible to pay anything. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

I believe you are asking if a Trustee in bankruptcy can take assets of a co-owner.  That depends on a number of different factors, such as which chapter of bankruptcy is filed, the amount of equity in the debtor's share of the property, and what exemptions are available to protect that equity under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  But the short answer to your question is yes, a Trustee in bankruptcy (usually in a Chapter 7 case) can sell a co-owner's interest in property if there is sufficient non-exempt equity in the debtor's share of the property.  The co-owners would be paid their share of the proceeds, and have an opportunity to oppose the sale on limited bases (such as that it isn't being sold for the highest value). Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

If a lender has garnished you for a debt that was discharged in your bankruptcy, they have violated the federal discharge injunction. You have the right to get your money back and also sue the lender for damages. You definitely should contact a lawyer. The Bankruptcy Court won't help you with this.... Read More

How many times can you file? As many as you need to. There are limits on how much time must pass between your last case and the next one. There are other theoretical limits based on a creditor's or the trustee's ability to object and say that your latest "serial filing" lacks sufficient "good faith." It's also possible that one of the judges somewhere along the way could say "this is your last one, you are prohibited from doing this again." But there is not a section of the bankruptcy law that sets a hard-and-fast number as the exact maximum that a person can file in their lifetime.... Read More