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Kansas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Immigration Law for Kansas on
Q: If I already applied for my father's green card and they approved me for affidavit support,can I file bankruptcy now?

My father is still waiting for his interview to get the visa. I don't know when the immigration visa center give the interview date that is final step ? So maybe after filing the bankruptcy, they reject my father's case? Please let me know what should I do? It is very hard situation and... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

I would wait until he has his green card and is completely through the process before filing bankruptcy.

1 Answer | Asked in Bankruptcy and Foreclosure for Kansas on
Q: If my husband filed bankruptcy and it was dismissed without prejudice and we file jointly now, will the automatic stay

Only apply to me? Will I get the full stay? Or if it doesn't can I file alone and get it?

David Luther Woodward
David Luther Woodward
answered on Jan 8, 2023

Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.

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2 Answers | Asked in Bankruptcy and Foreclosure for Kansas on
Q: Can I file bankruptcy to stop a foreclosure if I am the spouse. The judgement from the bank is in both our names.

The mortgage is only in my husband s name

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 6, 2023

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the...
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2 Answers | Asked in Bankruptcy and Consumer Law for Kansas on
Q: We contacted lender to voluntarily repo our truck. We then parked it where it could be towed and dropped the insurance

The next day the truck was gone and we thought the lender took it. Several days later the lender said they did not have the truck and it must be stolen and to report it to the police which we did. The truck has not been located. Now the lender is contacting us. What are our options?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

Without seeing the loan agreement that discusses remedies in the event of theft, perhaps the asker owes the full cost of the vehicle minus payments made.

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1 Answer | Asked in Bankruptcy for Kansas on
Q: Situation: chapter 13 debtor passes away before closing of case. Executor of estate, debtor's daughter, assumes

Responsibility. Debtor's sibling pays remainder of case with agreement all property released from case goes to him. Estate executor lies and withholds some property. What can sibling do to receive said property? Is this fraud in any form?

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

It is fraud in every form and the debtors sibling should file suit against the estate and the executor personally.

2 Answers | Asked in Bankruptcy for Kansas on
Q: I bought a car one year ago & never registered it..thinking about applying a chapter 7…I am going to surrender the car

Is it best to surrender the car or do a reaffirm agreement?

David Adams
PREMIUM
David Adams
answered on Oct 8, 2022

You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Education Law for Kansas on
Q: Can I sue my University? I have a degree from this university, they are blocking my from applying for their jobs.

I earned a degree from my local university. I have not been able to get a job in my field and now after applying for 100+ jobs on their website over the last 15 years, their application portal will mysteriously not let me apply for anymore and nobody can figure out why. Can I sue them for... Read more »

Timothy Denison
Timothy Denison
answered on Jul 1, 2022

You’re going to need some in depth research and data to prove that the degree is worthless or that the university is blocking your efforts to find a job. May be a tough row to hoe.

1 Answer | Asked in Bankruptcy for Kansas on
Q: I'm in a chapter 13 BK. I want to sell my home to pay it off. Can a Trustee stop this, if so why?

I have been made an offer on my home, enough to pay off the mortgage and other BK expenses.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 31, 2022

To sell your primary asset, you will need to amend your Plan. Post-confirmation modifications are permitted, but proposed modified plans are subject to objections to discharge. The Trustee may object, but that would depend upon the details of your modified plan. If the Trustee, or any creditor,... Read more »

2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a debt with First Midwest Bank. I now live on SSi only. It is a hardship for me to make this payment. What happen

What happens if I stop paying them. Will they take my SSI

David Adams
PREMIUM
David Adams
answered on Feb 2, 2022

No creditor is allowed to intercept or take your SSI income - so long as the money is not mingled with other monies in a bank account. If you earn some part-time wages and add those into an account that also has your SSI, then your SSI may in danger of being garnished at the bank (frozen and... Read more »

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1 Answer | Asked in Bankruptcy for Kansas on
Q: Can file for chapter 13 two years after I had a chapter 7 discharged 2 years?

Got some medical bills sense chapter 7 and payday loans when I was out of work I'd like to pay back at a manageable plan. I am back to work now and have a steady income but wasn't sure if chapter 13 was an option within 2 years or not.

*Added*

I understand I cannot get a... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 19, 2021

You can not obtain a discharge this soon. The Statute provides in your situation the with holding of a discharge in a Chapter 13 if you have a discharge within 4 years under Chapter 7

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for Kansas on
Q: Can I sue a University if there degree is useless and didn't advance my career?

I'm in healthcare and have been a clinical associate, CNA and dental assistant. I graduated KU with a 147 credit bachelors of general studies. Now I have a bunch of student debt and the only jobs available for me pay the same or less than before I received my degree and I'm at risk of... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 15, 2020

On the few facts you provide, it seems that you got what you enrolled and paid for at KU. I assume that you chose your field of study leading to your degree.

That may change somewhat if you have something from KU, in writing, promising you a better paying job/career than what you already...
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1 Answer | Asked in Bankruptcy for Kansas on
Q: All of my income is nontaxable and was wondering what the rules are for that. I am getting VA and SSDI.

I am 100% Unemployable by the VA.

Timothy Denison
Timothy Denison
answered on Aug 1, 2020

You still have to list it in your schedules.

1 Answer | Asked in Bankruptcy and Tax Law for Kansas on
Q: How do you respond to a notice of foreign judgement? It was for taxes 3 years ago and it was discharged in bankruptcy?

The taxing authority is claiming the debt is not dischagrable because they sent you a tax warrant 3 years ago before you actually filed for bankruptcy. Per the bankruptcy laws however that doesn't mean anything.

Timothy Denison
Timothy Denison
answered on Mar 2, 2020

You file a response in the court where the foreign judgment is attempting to be enforce and show the court where the debts were discharged.

1 Answer | Asked in Bankruptcy for Kansas on
Q: Still have company vehicle after company filed chapter 7 bankruptcy. No one has contacted me to recover vehicle.
Timothy Denison
Timothy Denison
answered on Feb 26, 2020

You can wait it out or you can return it to the bankruptcy trustee.

1 Answer | Asked in Bankruptcy for Kansas on
Q: If I already received my Tax refund into account $1500, and now go file for BK, how do i make it exempt? In Kansas.

My petition showing I have $19000 in debts, and pay out more than i make.

Timothy Denison
Timothy Denison
answered on Feb 10, 2020

Use your wildcard exemption to exempt it .

2 Answers | Asked in Bankruptcy for Kansas on
Q: File or not? As far as my credit score figure out how to bring things up to date and pay monthly payment

I have 50,000 in debt behind 2 almost 3 months. The best way to help my score improve. Cards are over 100% usage I am considering filing but need to know what my best route is

Timothy Denison
Timothy Denison
answered on Oct 31, 2019

Consult a bankruptcy lawyer who can analyze your complete financial situation and the give you all the options.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: If I don't have a ks license can I still file in ks? I have lived in Kansas for maybe 3 years.

I have all my mail come to home though. I am also being garnished and cant afford what they are taking out!!

Timothy Denison
Timothy Denison
answered on Oct 10, 2019

Yes. You only need to have lived in Kansas for 180 days to file.

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1 Answer | Asked in Bankruptcy for Kansas on
Q: Who do I call to try and locate a lawyer who will take my son’s bankruptcy case pro bono or at a reduced fee?
Timothy Denison
Timothy Denison
answered on Aug 26, 2019

Your local bar association or legal aid society.

1 Answer | Asked in Bankruptcy and Contracts for Kansas on
Q: I bought a car at a buy here pay here stopped paying due to personal reasons ita been about 8 years now and they have

not came and got it and now its not showing on any of my credit reports did they write it off how do I get rid of the car ?

Timothy Denison
Timothy Denison
answered on Aug 28, 2019

You need to see if the car has a lien on it. If it does, you’ll have to pay it or bankrupt it. If not, you are free to do as you wish.

2 Answers | Asked in Bankruptcy for Kansas on
Q: I have court today for aid in execution. Would it be best to file bankruptcy? Will it stop this?
David Adams
PREMIUM
David Adams
answered on Jul 19, 2019

A bankruptcy filing would stop the need for a hearing in aid of execution. The bankruptcy attorney would be able to notify the other side of the filing, and keep any further action from occurring whether that be garnishment, attachment, etc.

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