Kansas Bankruptcy Laws

How to File Bankruptcy in Kansas

In 2005 a bankruptcy act was set into place by the President and gives specific guidelines for how bankruptcy is to be handled in the future. The act increased payment amounts for Chapter Thirteen bankruptcy and designates which kinds of property can be seized for Chapter Seven bankruptcy. This act will also determine which kind of bankruptcy is best for each individual’s circumstance and for which each individual qualifies.

A means test will first need to be taken and the court system will evaluate the income average for the six-month time period right before bankruptcy filing. The median will be decided against the Kansas statutes. If an individual’s income falls below the median line, then Chapter Seven bankruptcy is advised. If an individual’s income sits above the median line, then the means test will then decipher if Chapter Thirteen bankruptcy is advised or Chapter Seven bankruptcy.

When individuals cannot pay six thousand dollars or less in a five-year time period, Chapter Seven is usually the best choice as this is about one hundred dollars a month. Chapter Seven bankruptcy will normally be denied if individuals can pay a minimum of ten thousand dollars over a five-year time period. The court will use mathematical means for determining if this kind of bankruptcy is possible or not.

The ability to pay more than twenty-five percent of an unsecured debt will usually result in Chapter Seven bankruptcy denial. Married couples have the option of filing together as husband and wife under Chapter Seven bankruptcy.

Beginning the Bankruptcy Process

The bankruptcy process begins with gathering the appropriate paperwork. These papers include, any major financial transactions made over the last two years, current income resources, both secured and unsecured debts, living expenses on a monthly basis, tax returns from the previous two years, car titles, real estate deeds, loan documents and any personal property. This kind of property can include real estate, any assets, and any possessions. An attorney can help insure that all the necessary paperwork has been collected or the paperwork can be collected solely by the individual.

Court Filing

Kansas exemptions will determine what forms of property can be seized and what forms of property are to be exempt. A two-page petition will then be filed, with or without an attorney, with other necessary forms to the Kansas district bankruptcy court in the nearest location. An individual will then be asked to explain for the court his or her financial issues and previous transactions within the last two years.

Not presenting all the necessary information or lying on bankruptcy forms will hinder the court’s decision. Filing for bankruptcy does cost money, but the amount depends on which kind of bankruptcy is filed. Chapter Seven bankruptcy in the state of Kansas will cost as much as two hundred seventy-four dollars. Chapter Thirteen bankruptcy for the state of Kansas will cost one hundred eighty-nine dollars. Both of these fees cannot be waived because an individual is unable to pay. They will exist on the record until they are paid in full.

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