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Bankruptcy in Kansas

Who Can File Bankruptcy in Kansas?

Bankruptcy relief in the state of Kansas is available to all persons who meet the following requirements.

  • Is a resident of Kansas
  • Honestly discloses all of their financial information
  • Has not filed for bankruptcy in any other court in the last 6 years
  • Has unsecured debts which they can not currently pay
  • Has participated in an approved credit counseling course

 

What Do I Need To Know Before Filing For Bankruptcy in Kansas?

Before filing for bankruptcy in Kansas it is important to understand that you are only eligible for bankruptcy relief once every six years, and that any debts which are accumulated after your original filing date cannot be discharged as part of your current bankruptcy case.  If you are expecting a large sum of debts to become payable in the near future, you may wish to wait to claim bankruptcy until those debts become due.  You should also understand that you should not have any future conversations with your creditors after filing for bankruptcy.  Once you have notified a creditor of your petition for bankruptcy, that creditor is no longer legally allowed to contact you in order to collect a debt.

What Type of Debts Can Be Discharged As Part of a Bankruptcy Proceeding in Kansas?

All debts can be in one of the following two ways:

  • Secured debts- these are debts which utilize collateral in order to secure the debts.
  • Unsecured debts-these debts are not secured with any specific collateral

Only unsecured debts can be discharged as part of a bankruptcy proceeding in Kansas.

Will I lose my house and car if I file for bankruptcy in Kansas?

Property exemption laws allow you to protect a portion of your assets from being seized and sold as part of a bankruptcy proceeding.  In the state of Kansas, these property exemption laws are as follows:

  • Homestead exemption of $125,000 in real estate
  • Up to $20,000 in equity in your motor vehicle
  • Up to $7,500 in personal property including home furnishings and other tangible items
  • Up to $1,000 worth of jewelry
  • Up to $500 in your bank account

 

Do I really need to hire an Kansas bankruptcy attorney to represent me?

It is not required by Kansas state law that you hire a bankruptcy attorney to represent you in your bankruptcy proceedings however, it is strongly recommended.  A bankruptcy attorney will be able to assist you in determining your best course of action during your bankruptcy case, and ensure that you are properly advised of all bankruptcy laws.

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