If you’re considering filing bankruptcy in Kansas, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

Qualifying for bankruptcy in Kansas, like in any other state in the United States, is determined by federal bankruptcy laws. Specifically, there are two main types of bankruptcy for individuals: Chapter 7 and Chapter 13. The qualifications and eligibility criteria for each chapter may vary, so let’s delve into who may qualify for bankruptcy in Kansas under these two chapters.

Chapter 7 Bankruptcy:

Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” is designed for individuals and businesses with limited income or assets who are unable to repay their debts. To qualify for Chapter 7 bankruptcy in Kansas, you must meet certain eligibility criteria:

1. Means Test: The means test is a crucial factor in determining Chapter 7 eligibility. It evaluates your income and expenses to determine if you have enough disposable income to repay your debts. If your income is below the median income for your household size in Kansas, you automatically pass the means test. If your income is above the median, you may still qualify if your disposable income, after accounting for certain allowed expenses, is low enough to meet the criteria.
2. Credit Counseling: Before filing for Chapter 7 bankruptcy, you must complete a credit counseling course from an approved agency. This is a mandatory requirement to ensure you’ve explored other debt relief options.
3. Previous Bankruptcy Discharges: If you’ve received a Chapter 7 discharge within the past eight years or a Chapter 13 discharge within the past six years, you may not be eligible for another Chapter 7 discharge.
4. Good Faith Filing: You must be filing for bankruptcy in good faith, without any fraudulent activities or attempts to hide assets.
5. Exempt Property: Kansas has its own set of exemptions that determine what property you can keep when you file for Chapter 7 bankruptcy. If your property falls within these exemptions, it won’t be sold to repay creditors.
6. Completion of Credit Counseling Course: You must also complete a debtor education course after filing for bankruptcy but before receiving your discharge.

Chapter 13 Bankruptcy:

Chapter 13 bankruptcy is often referred to as “reorganization bankruptcy” and is for individuals with a regular source of income who want to repay their debts over a period of three to five years. To qualify for Chapter 13 bankruptcy in Kansas, you must meet the following criteria:

1. Steady Income: You must have a reliable source of income to make monthly payments to the bankruptcy trustee as part of your repayment plan.
2. Debt Limits: There are debt limits for Chapter 13 bankruptcy. These limits are adjusted periodically for inflation.
3. Good Faith Filing: Just like in Chapter 7, you must file for Chapter 13 bankruptcy in good faith and not engage in any fraudulent activities.
4. Completion of Credit Counseling and Debtor Education Courses: You’ll need to complete the same credit counseling and debtor education courses as required for Chapter 7.
5. Repayment Plan: You must propose a feasible repayment plan that outlines how you intend to repay your debts over the specified period.
6. Priority Debts: Your repayment plan must prioritize certain debts, such as mortgage arrears and tax debts, ensuring they are paid in full over the plan’s duration.
7. Regular Payments: You must make regular, on-time payments to the bankruptcy trustee as outlined in your repayment plan.

It’s important to note that bankruptcy laws and regulations may change over time, so it’s advisable to consult with a qualified bankruptcy attorney in Kansas to assess your specific financial situation and determine which chapter, if any, you qualify for. An attorney can provide guidance, help you navigate the process, and ensure that your bankruptcy filing is accurate and compliant with the current laws.

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Do You Need a Lawyer to File For Bankruptcy in Kansas?

While it is not legally required to hire a lawyer to file for bankruptcy in Kansas or any other state, having an experienced bankruptcy attorney can be highly beneficial and is often recommended. Filing for bankruptcy is a complex legal process with significant implications for your financial future, and here are several reasons why you might want to consider hiring a lawyer:

1. Navigating Complex Laws: Bankruptcy laws are intricate and can vary depending on your jurisdiction and the specific circumstances of your case. An experienced attorney understands these laws thoroughly and can guide you through the process to ensure compliance and maximize the benefits of bankruptcy.
2. Assessment of Eligibility: Determining whether you qualify for Chapter 7 or Chapter 13 bankruptcy, as discussed in the previous response, can be challenging. An attorney can help you assess your eligibility based on your income, debts, and other relevant factors, making sure you choose the most suitable chapter for your situation.
3. Asset Protection: Bankruptcy exemptions vary from state to state, and Kansas has its own set of exemptions that determine which assets you can keep when you file for bankruptcy. An attorney can help you understand these exemptions and protect as much of your property as possible.
4. Paperwork and Documentation: Bankruptcy involves extensive paperwork, including forms, schedules, and financial disclosures. An attorney can assist in preparing and filing these documents accurately, reducing the risk of errors that could lead to complications or case dismissal.
5. Creditor Communication: Once you file for bankruptcy, creditors are legally required to cease all collection actions. An attorney can communicate with your creditors on your behalf, relieving you from stressful interactions and ensuring that they comply with the law.
6. Representation in Court: While many bankruptcy cases do not involve formal court appearances, there may be hearings or meetings with a trustee. Having an attorney by your side can provide you with representation and guidance during these proceedings.
7. Debt Discharge: Your attorney will work to ensure that all eligible debts are properly discharged through the bankruptcy process, giving you a fresh financial start.
8. Avoiding Pitfalls: Bankruptcy has legal and financial consequences that can impact your credit, employment, and future borrowing. An attorney can help you avoid common mistakes and pitfalls that could jeopardize your financial recovery.
9. Customized Solutions: Every bankruptcy case is unique, and an attorney can tailor solutions to your specific circumstances. They can provide advice on issues such as reaffirming certain debts or addressing potential challenges that may arise during your case.
10. Post-Bankruptcy Planning: After your bankruptcy is complete, an attorney can offer guidance on rebuilding your credit and managing your finances to ensure a more stable financial future.

While hiring an attorney has many advantages, it’s essential to consider the associated costs. Legal fees for bankruptcy representation can vary, and you should discuss fees and payment arrangements with potential attorneys before hiring one. Some individuals with straightforward Chapter 7 cases and limited assets may choose to file pro se (without an attorney), but even in these cases, consulting with an attorney for a brief initial assessment can be beneficial.

Cost to File Chapter 7 Bankruptcy in Kansas

The cost to file Chapter 7 bankruptcy in Kansas consists of several fees and expenses, including court filing fees, credit counseling costs, and attorney fees if you choose to hire a bankruptcy attorney.

1. Court Filing Fee: The filing fee for Chapter 7 bankruptcy in Kansas is paid to the bankruptcy court when you submit your bankruptcy petition and other required documents. It’s a mandatory fee and is subject to change, so it’s essential to check the most up-to-date fee schedule with the bankruptcy court or on their official website.
2. Credit Counseling Costs: Before filing for Chapter 7 bankruptcy, you are required to complete a credit counseling course from an approved agency. This fee may be waived or reduced for individuals with low income, so it’s essential to inquire about fee waivers with the counseling agency.
3. Debtor Education Course: After filing for Chapter 7 bankruptcy but before receiving your discharge, you must complete a debtor education course from an approved provider. Similar to the credit counseling course, the cost of this course can vary but is typically in the range of $28 to $60 per person.
4. Attorney Fees: While you can file for Chapter 7 bankruptcy without an attorney (pro se), many individuals choose to hire a bankruptcy attorney to navigate the complex legal process and ensure their interests are protected. Attorney fees can vary significantly based on factors such as the attorney’s experience, location, and the complexity of your case. It’s crucial to discuss fees and payment arrangements with potential attorneys before hiring one. Attorney fees typically range from a few hundred to a few thousand dollars.
5. Other Possible Costs: Depending on your circumstances, you may incur additional costs, such as fees for obtaining credit reports, notary fees, postage, and miscellaneous expenses related to gathering necessary documents and information for your bankruptcy filing.

Keep in mind that the costs associated with Chapter 7 bankruptcy can vary widely depending on your specific situation and whether you choose to proceed with or without an attorney. It’s advisable to consult with a bankruptcy attorney in Kansas to assess your case, understand your options, and get a clear estimate of the total costs involved. Additionally, bankruptcy laws and fees may change over time, so staying updated on the most current information is crucial when considering filing for Chapter 7 bankruptcy in Kansas.

Cost to File Chapter 11 Bankruptcy in Kansas

The cost to file Chapter 11 bankruptcy in Kansas can be substantial due to the complexity of Chapter 11 cases and the legal and administrative expenses involved. Chapter 11 bankruptcy is typically used by businesses and individuals with significant assets and debts to reorganize and develop a repayment plan. Here’s a breakdown of the key costs associated with filing for Chapter 11 bankruptcy in Kansas:

1. Filing Fee: The filing fee for a Chapter 11 bankruptcy case in Kansas is $1,875. This fee is paid to the bankruptcy court when you submit your bankruptcy petition and related documents. However, it’s important to note that bankruptcy filing fees are subject to change, so it’s essential to check the most up-to-date fee schedule with the bankruptcy court or on their official website.
2. Attorney Fees: Chapter 11 bankruptcy cases are highly complex and often require the expertise of experienced bankruptcy attorneys. Attorney fees for Chapter 11 cases can vary significantly depending on the complexity of your financial situation, the size of your assets and debts, and the specific legal and financial issues involved. It’s common for attorney fees in Chapter 11 cases to be substantial, potentially ranging from several thousand dollars to tens of thousands of dollars or more. Attorneys typically charge both hourly rates and flat fees, depending on the nature of the work.
3. Credit Counseling and Debtor Education Courses: Just like in other bankruptcy chapters, you are required to complete credit counseling and debtor education courses from approved providers. The costs for these courses can vary but are typically in the range of $28 to $58 per course per person.
4. Professional Fees: In Chapter 11 cases, it is common to hire other professionals, such as financial advisors, appraisers, and accountants, to assist with the reorganization and development of a repayment plan. The fees for these professionals can add significantly to the overall cost of the bankruptcy.
5. Administrative Expenses: Chapter 11 bankruptcy cases involve ongoing administrative expenses, including court fees for motions and filings, mailing and postage costs, and potential fees for a bankruptcy trustee appointed to oversee the case. These expenses can accumulate over the course of the bankruptcy process.
6. Creditor Committee Fees: In some Chapter 11 cases, a committee of unsecured creditors may be formed to represent the interests of creditors. The costs associated with the creditor committee’s legal and professional representation can be part of the overall expenses of the bankruptcy.

Given the substantial costs and complexities associated with Chapter 11 bankruptcy, it’s essential to carefully consider whether this chapter is the right choice for your financial situation. Consulting with an experienced bankruptcy attorney in Kansas is crucial to assess your eligibility, develop a viable reorganization plan, and navigate the intricacies of the Chapter 11 process. The attorney can provide a clear estimate of the expected costs based on the specifics of your case and help you make informed decisions about proceeding with a Chapter 11 bankruptcy filing.

Cost to File Chapter 13 Bankruptcy in Kansas

The cost to file Chapter 13 bankruptcy in Kansas includes various fees and expenses associated with the bankruptcy process. Chapter 13 bankruptcy is often referred to as a “reorganization” or “wage earner’s” bankruptcy, and it involves creating a repayment plan to pay off your debts over three to five years. Here’s a breakdown of the key costs you can expect when filing for Chapter 13 bankruptcy in Kansas:

1. Filing Fee: The filing fee for a Chapter 13 bankruptcy case in Kansas is $348. This fee is paid to the bankruptcy court when you submit your bankruptcy petition and other required documents. Keep in mind that filing fees can change, so it’s important to verify the current fee schedule with the bankruptcy court or on their official website.
2. Attorney Fees: While not required, it is highly advisable to hire an experienced bankruptcy attorney to guide you through the Chapter 13 process. Attorney fees can vary widely depending on the complexity of your case, your location, and the specific legal issues involved. In Chapter 13 cases, attorneys often charge both upfront fees and a portion of their fees through the Chapter 13 repayment plan. The total attorney fees can range from a few thousand dollars to several thousand dollars.
3. Credit Counseling and Debtor Education Courses: As with other bankruptcy chapters, you must complete mandatory credit counseling and debtor education courses from approved providers. The combined cost of these courses typically ranges from $60 to $120 per person.
4. Trustee’s Fee: In Chapter 13 bankruptcy, a bankruptcy trustee is appointed to oversee your case and collect your monthly payments. The trustee is entitled to a fee, which is typically a percentage of the total payments made through the plan. This fee is included in your monthly plan payments.
5. Administrative Costs: Additional administrative costs may arise during your Chapter 13 case, such as filing fees for motions or amendments to your repayment plan. These costs can vary depending on the complexity and duration of your case.
6. Court-Ordered Credit Report: You may be required to obtain a credit report through the court-approved vendor, which can cost around $25.
7. Mandatory Financial Management Course: After filing for Chapter 13 bankruptcy but before receiving your discharge, you must complete a financial management course, which typically costs around $58 per person.

It’s important to note that if you are unable to afford the filing fee, some courts may allow you to pay it in installments or request a fee waiver if you meet certain income criteria. Additionally, if you’re facing financial hardship, some bankruptcy attorneys may offer payment plans or pro bono services to help you navigate the Chapter 13 process.

Reliable Bankruptcy Attorneys in Kansas

Below is a list of reputable bankruptcy attorneys in Kansas. They can help you with both personal and business bankruptcy information.

Kansas Bankruptcy Center
300 W Douglas Ave Ste 425, Wichita, KS 67202, United States

Prelle Eron & Bailey, P.A.
301 N Main #2000, Wichita, KS 67202, United States

Steinwart Law Office, LLC
8000 Foster St, Overland Park, KS 66204, United States

The Alexander Law Firm, LLC
753 State Ave Ste 101, Kansas City, KS 66101, United States

Stone Law Office
753 State Ave Ste 388, Kansas City, KS 66101, United States

Kansas Zip Codes We Proudly Serve:

Kansas City

66102, 66104, 66109, 66106, 66112, 66103, 66101, 66111, 66105, 66115, 66118

Wichita

67212, 67217, 67203, 67207, 67218, 67216, 67213, 67204, 67226, 67205, 67211, 67208, 67206, 67214, 67220, 67209, 67235, 67219, 67230, 67210, 67215, 67228, 67202, 67232, 67223, 67227, 67260

Overland Park

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Olathe

66062, 66061

Topeka

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