Kansas Bankruptcy Legal Questions

That's a great question.  First, this would only apply in a Chapter 11 bankruptcy context, because corporations do not receive discharges in Chapter 7 cases. I have not researched the issue (and would need to in order to give you a complete answer) but I don't see anything that would prevent a creditor from using 523(a)(6) (or any of the other exceptions to discharge set forth in 11 U.S.C. 523 for that matter) against a corporate debtor, assuming they had evidence to prove such a claim. One hurdle I see are establishing whether the actions of the individuals of the corporation who allegedly committed the willful and malicious injury are imputed to the corporation itself.  In other words, the act must have been taken on behalf of the corporation. 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

The only way the tax refund will be effected is if the financial company gives your husband a capital gains statement for the amount that was placed in the bankruptcy.Other than than this exception, there really shouldn't be anything that will hinder your tax refund. You can also consult with your tax prepare to file your tax return as injured spouse.... Read More

The District of Kansas has 3 divisions: Kansas City, Topeka and Wichita. You can choose whichever one you like. Whether or not your Mortgage is something you want to Reaffirm, have discharged or cure a deficiency on in Chapter 13 depends on many factors that an attorney can explain. The Court has posted material on its website regarding filing Bankruptcy and filing without an attorney (which is more of a warning than a how-to): http://www.ksb.uscourts.gov/index.php/court-info.... Read More

You need information about your debts. Recent bills are a good source. A credit report is a good idea if you have older debt out there you may have lost track of, or if your worried your ex may have debts you don't know about. You will need documentation of your household income for the last 6 months, titles, mortgages and income tax returns. You will also need good representation.... Read More

I'm not sure what your exact question is, but if this individual you refer to received a discharge of debts in their bankruptcy case, then you are forever prohibited from seeking to collect on that debt by virtue of the federal injunction set forth in 11 U.S.C. 524.  Any attempt to collect, including renewing your judgment, could subject you to contempt of court sanctions. 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

The way to determine if you're qualified for bankruptcy or if it is your best option, is to have a consultation with an experienced bankruptcy attorney in your area. There is not enough information to answer your question about the deed in lieu, plus it will depend in part on your state's laws.  You need to have a consultation with an attorney in your area. 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

First, you must list all assets and all debts in any bankruptcy case so when you say "claim" any other debt, I'm not really sure what you mean. Is this small business you refer to a corporation/LLC/LLP, or is it simply a dba of yourself personally?  It makes a difference as to what your bankruptcy options are, how you would deal with the lease and how you would deal with your other debts. You need to have a consultation with an experienced bankruptcy attorney in your area for further information. 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

The question should be asked, if a student loan can be discharged in a bankruptcy filing?  The answer, as it usually is in law, is it depends.  Student loans are a very difficult debt to receive a discharge.  If you can prove a extreme hardship, the loan maybe discharge.  Also, if the loan is a private loan, sometimes it can be discharged. You should consult a local bankruptcy attorney to determine the dischargeability of your particular loans.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

where the debt was incurred is irrelevant.  If you have lived in Kansas for less than 90 days, you would file in Colorado, unless your principal assets were located elsewhere in the past 180 days and/or if you only lived in Colorado for a short part of the prior 90 days. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

Bankruptcy may be an option to get rid of the credit card debt.  However, you may have other options as well. You should consult a local bankruptcy attorney.  Most bankruptcy attorneys would offer a free initial consultations to determine if your mother would qualify for bankruptcy, and to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

If you are unable to find an attorney on the internet, and want to research the attorney, you may want to consider contacting your state bar association to determine if the attorney has any disciplinary actions filed against him/her. If you are considering filing for bankruptcy you should immediately consult a local bankruptcy attorney to determine how best to proceed and if bankruptcy is an appropriate path to pursue. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

In the eyes of the law, you, individually, are a separate entity from your corporation.  However, the bankruptcy may impact your ownership interest in the corporation.  You should consult a local bankruptcy attorney to determine if bankruptcy is an appropriate path to pursue. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

The way you phrased your question, I don't know how to answer it, but either an S-Corp or an LLC can file a Chapter 11 case.  Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

Your facts and questions are confusing.  You don't make payments in a Chapter 7 case, so I'm assuming you meant Chapter 13.  When you say your case was dismissed, do you mean you received a discharge, or that your case was actually dismissed?  Big difference.  If your case was dismissed, it's as if you never filed it so your creditors can pursue whatever legal remedies are available which, for a secured creditor on your vehicle, includes repossession.  How long it takes them to do that depends on them and the laws of your state. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

Whether the owners are liable for credit cards, or any other debts of the corporation for that matter, has nothing to do with whether or not the corporation files bankruptcy.  They either are, or are not liable based on state and other applicable contract and other law.   For example, if the owners signed personal guarantees for any of the corporate debts, then obviously they would be responsible.   Certain taxes, such as the trust fund portion of employee payroll taxes,  pass through to the owners of a corporation as well. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read More

If you did not enter into and timely file a reaffirmation agreement for the mortgages on your home, and you did not subsequently refinance, then you can "walk away" from the home and owe no further obligations on it after it is sold at foreclosure.   Beware, however, that you ARE responsible for any liability that accrues to the property until it is sold, for example if someone slips and falls on your property.   Thus, it is important to maintain adequate insurance until title transfers. As far as renting out your home, you can do whatever you want as long as it doesn't violate state law or the terms of your Promissory Note and Deed(s) of Trust.   You asked if you can do that if it's "under bankruptcy".   Is your Chapter 7 case still open for some reason?  If so, then you need Trustee approval to do anything unless the Trustee has officially abandoned the property to you, but I suspect you are confusing something here.  It would be unlikely for a Chapter 7 case to be open that long. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More