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Kansas Bankruptcy Legal Questions

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69 legal questions have been posted about bankruptcy by real users in Kansas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Kansas Bankruptcy Questions & Legal Answers - Page 3
Do you have any Kansas Bankruptcy questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 69 previously answered Kansas Bankruptcy questions.
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Recent Legal Answers

My husband and I filed for bankruptcy in September of 1999. What happens if we inherit money from a relative who passed away?

Answered 13 years and 9 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on when the relative passed away.  If it was prior to the filing of the bankruptcy petition, then the inheritance becomes part of the bankruptcy estate.  If you inherit the property during the bankruptcy proceedings the inheritance may or may not be incorporated in the bankruptcy estate.  If you were to inherit the property after the bankruptcy case, the inheritance likely would not be incorporated in the bankruptcy estate except in a very few instances.  You should contact your bankruptcy attorney to determine how to proceed. 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
It depends on when the relative passed away.  If it was prior to the filing of the bankruptcy petition, then the inheritance becomes part of the... Read More

When you are filing chaper 7 bankruptcy are you only required to file whats on your credit report?

Answered 13 years and 9 months ago by Eric C. Lewis (Unclaimed Profile)   |   29 Answers   |  Legal Topics: Bankruptcy
No. You must list all of your debts.
No. You must list all of your debts.

Would my car be taken as an asset if I claimed bankruptcy?

Answered 13 years and 9 months ago by Stuart Jon Bierman (Unclaimed Profile)   |   23 Answers   |  Legal Topics: Bankruptcy
If a car is the only asset then a person filing for bankruptcy can usually keep it, as long as the value of the car is less then $14,000 or thereabouts.
If a car is the only asset then a person filing for bankruptcy can usually keep it, as long as the value of the car is less then $14,000 or ... Read More

How much debt do I have to have endure to file bankruptcy?

Answered 13 years and 9 months ago by Mr. Jeffrey David Solomon (Unclaimed Profile)   |   23 Answers   |  Legal Topics: Bankruptcy
There is absolutely no dollar requirement for filing chapter 7. The issue is one of advisability depending on your income. Many people file with debt of $15,000.
There is absolutely no dollar requirement for filing chapter 7. The issue is one of advisability depending on your income. Many people file with... Read More

$700,000 and mounding in medical bills from my mom being in the hospital for 49 days with no insurance, during which time her husband passed away.

Answered 13 years and 9 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
bankruptcy is an option she should consider.  I recommend she have a consultation with a bankruptcy attorney in her area. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling 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 is an option she should consider.  I recommend she have a consultation with a bankruptcy attorney in her area. Mark J. Markus,... Read More

How will a voluntary repossession affect my bankruptcy?

Answered 13 years and 10 months ago by Phong Thanh Tran, Esq. (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Bankruptcy
You can avoid paying for the debt by filing for bankruptcy. In Texas, your home is exempt from the bankruptcy estate as long as you are current and continue to make payments on the mortgage.
You can avoid paying for the debt by filing for bankruptcy. In Texas, your home is exempt from the bankruptcy estate as long as you are current and... Read More

Once a person. Files for. Bankruptcy can. A creditor still. Try too. Presue the person. That''s just filed. Bankrupt.. b

Answered 13 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Once a person files for bankruptcy under chapter 7 or chapter 13 of the bankruptcy code the bankruptcy automatic stay takes effect. The automatic stay stops all creditors from pursuing collections from debts on the person filing the bankruptcy petition. The creditor may make a motion to the court to remove this day, but generally once a bankruptcy petition has been filed the automatic stay will stop any creditors from pursuing a debt that is dischargeable. Any creditor who continues to pursue a person who is filed bankruptcy and does not have permission by the bankruptcy court to do so may be liable for damages and criminal sanctions. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More
Once a person files for bankruptcy under chapter 7 or chapter 13 of the bankruptcy code the bankruptcy automatic stay takes effect. The automatic... Read More

How do I get rid of my wage garnishment?

Answered 13 years and 11 months ago by Cary Sawyer Smalley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, filing bankruptcy will stop wage garnishments. However, if you wish to keep your vehicle will need to continue making payments on it. I suggest you consult a bankruptcy attorney to discuss the details of your situation and decide which bankruptcy chapter is right for you.
Yes, filing bankruptcy will stop wage garnishments. However, if you wish to keep your vehicle will need to continue making payments on it. I... Read More

Can I file for bankruptcy separately and not have it affect my new wife?

Answered 13 years and 11 months ago by Roger J. Bus (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Your new wife is not responsible for your debt, nor will your bankruptcy case be reported on her credit report. That being said, you would need to list her income on Schedule I of your bankruptcy schedules. To make matters worse, if the tax debt is less than 3 years old, and was part of your returns, that tax debt may not be discharged in your bankruptcy case.... Read More
Your new wife is not responsible for your debt, nor will your bankruptcy case be reported on her credit report. That being said, you would need to ... Read More

How do you start the process of filing bankruptcy?

Answered 13 years and 11 months ago by Roger J. Bus (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Shop around, find an attorney with an experience that does not overcharge. Then get all your creditor addresses together. The attorney will go through with you a list of your property and prepare a budget (using your income and expenses).
Shop around, find an attorney with an experience that does not overcharge. Then get all your creditor addresses together. The attorney will go... Read More

Am I able to file bnkruptcy for one item on my credit report?

Answered 14 years and a month ago by Eric C. Lewis (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Bankruptcy
You cannot just file bankruptcy on one creditor when you in fact have several or multiple creditors that are similarly situated.
You cannot just file bankruptcy on one creditor when you in fact have several or multiple creditors that are similarly situated.

Can my IRA be attached in bankruptcy?

Answered 14 years and a month ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
To the best of my knowledge, an IRA is protected up to about a million dollars in a bankruptcy, as long as it is in fact in a qualifed retirement account.  I have heard of some exceptions to this popping up for IRAs that are inherited, but for most cases they are protected. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More
To the best of my knowledge, an IRA is protected up to about a million dollars in a bankruptcy, as long as it is in fact in a qualifed retirement... Read More

I am filing a 7 bankruptcy can I pay a years worth or rent or can the trustee go after that tax money if the money is gone before I file?

Answered 14 years and a month ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You cannot pay for a year's worth of rent with your tax refund, if you plan on filing chapter 7 bankruptcy. Any future payments of rent or a security deposit paid to landlord, will be attached to the bankruptcy estate by faith bankruptcy trustee. If you do not want to get in trouble with the bankruptcy trustee for fraud, make sure you use your tax refund for legitimate purchases, such as; home repairs, medical bills, car repairs, groceries, a car, etc. Do not forget chapter 7 bankruptcy you will be liquidating your estate, if you purchase a car and it does not fall within one of the exemptions allowed to you by your state, the car may be taken by the bankruptcy trustee. Your best bet is to hire a bankruptcy attorney and have the attorney inform you what you could spend the money on legitimately. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More
You cannot pay for a year's worth of rent with your tax refund, if you plan on filing chapter 7 bankruptcy. Any future payments of rent or a security... Read More

How much debt do I need to file a chapter 7 or 13 bankruptcy?

Answered 14 years and 2 months ago by attorney Theodore N. Stapleton II   |   20 Answers   |  Legal Topics: Bankruptcy
There is no minimum debt to file Bankruptcy. It depends upon your specific circumstances.
There is no minimum debt to file Bankruptcy. It depends upon your specific circumstances.

What can I do if a company charged my mother's credit card without consent?

Answered 14 years and 3 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You best bet is to dispute the charges with the credit card company/bank. Usually they will do a charge back against it. But technically, most agreements such as these are by written contract and the contract will control the method of cancellation not you. I would imagine a letter was required. But regardless, usually the bank will issue a charge back upon request.... Read More
You best bet is to dispute the charges with the credit card company/bank. Usually they will do a charge back against it. But technically, most... Read More

How can I ask creditors to take less than what I owe?

Answered 14 years and 3 months ago by Cary Sawyer Smalley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can call creditors and attempt to negotiate a settlement with them for less than what is owed. They are more likely to take less if you are behind on your payments or your account is in collections.
You can call creditors and attempt to negotiate a settlement with them for less than what is owed. They are more likely to take less if you are... Read More

What do I do if I am being sued by a credit card company?

Answered 14 years and 3 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Once a creditor obtains a judgment, they can use various collection methods to execute that judgment, including selling your real and personal property. The debt also accrues interest while it remains unpaid. If you filed for bankruptcy protection, the debts would be discharged.
Once a creditor obtains a judgment, they can use various collection methods to execute that judgment, including selling your real and personal... Read More

Why do creditors want my pay stubs if my wife is filing a solo bankruptcy?

Answered 14 years and 4 months ago by Frances Yetta Ruiz (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Bankruptcy
Since you reside together the court usually wants to know the total household income to see if you fall below or above the median income.
Since you reside together the court usually wants to know the total household income to see if you fall below or above the median income.

If someone has filed for bankruptcy and nothing has been done with the case, what happens to it if the party passes away?

Answered 14 years and 6 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Bankruptcy Rule 1016 provides that a chapter 7 case goes on, to the extent possible. Chapter 11, 12, and 13 cases are generally dismissed.
Bankruptcy Rule 1016 provides that a chapter 7 case goes on, to the extent possible. Chapter 11, 12, and 13 cases are generally dismissed.
Bankruptcy
Kansas

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