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Kansas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Kansas on
Q: I cosigned my daughters student loan, I don't want her to know that I am filing bankruptcy. Can I keep that loan out?

I don't want my daughter to know that I'm filing bankruptcy. She pays the loan herself, but do I have to include that loan in my filing since it can't be discharged?

Timothy Denison
Timothy Denison
answered on Sep 25, 2018

No. You must include all of your debts as well as giving notice to your daughter as a codebtor.

1 Answer | Asked in Bankruptcy for Kansas on
Q: Where would I list bill contribution/rent-type payments made monthly on the Bankruptcy documents?

I am partial home owner. I pay the majority home owner a "rent" towards bills, repairs, and other home expenses. Of course I will list it on Schedule J, but do I need to list it on the Statement of Financial Affairs under insider payments even though its not exactly a debt or is there... View More

Timothy Denison
Timothy Denison
answered on Sep 24, 2018

Schedule J is the appropriate place to list it.

2 Answers | Asked in Bankruptcy for Kansas on
Q: I moved to kansas 4 weeks ago, I was starting to file bankruptcy but did t yet, can I file in ks or must be ny?

Debt accumulated in ny, medical Bill's, credit cards, no property

Timothy Denison
Timothy Denison
answered on Sep 16, 2018

Six month residency requirement. In 5 months, you can file in Kansas.

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1 Answer | Asked in Bankruptcy for Kansas on
Q: Can I keep my house and a small building I purchased for my girlfriend If I file bankruptcy?

I bought a small building for my girlfriend to fix up and use as a café. I own the building but the business itself is hers. I have a bunch of unsecured debt I would like to file chapter 7 on but I'm afraid I may lose my house or the building she's using for her income.

Timothy Denison
Timothy Denison
answered on Aug 29, 2018

Depends.

2 Answers | Asked in Bankruptcy for Kansas on
Q: Our bankruptcy has not yet been closed . We bought land on April 16 , 2018. are we going to be able to keep it.

We filed chapter 7 in July 25th of2017. in Kansas. we received our discharge from our ceditors on Nov 14, 2017. our bankruptcy case has not closed.

we bought land April 16, 2018 and bought used vehicles Dec. 2017 and one in Jan. 2018. Will we be able to keep our land and vehicles or will... View More

David Adams
PREMIUM
David Adams
answered on May 8, 2018

Assuming your source of funds to purchase these items did not consist of hidden funds that existed at the time of the bankruptcy filing, you should be fine. Purchasing assets after discharge but before the formal closing of the case, is not a problem, just so long as there weren't any assets... View More

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1 Answer | Asked in Bankruptcy and Collections for Kansas on
Q: If you have a debt that has been sold to a collection agency are you legally bound to pay that debt?
David Adams
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David Adams
answered on Apr 11, 2018

The very short answer is "yes." Certain rights of collection may be affected by a subsequent owner of the debt, but as a general rule, they step into the shoes of the original holder of the debt and may proceed as if they were the original owner of the debt.

2 Answers | Asked in Bankruptcy for Kansas on
Q: Is there any advantage to filing for bankruptcy in one state versus another?
David Earl Phillips
David Earl Phillips
answered on Mar 3, 2018

Depending on the State the exemptions may be better in one State vs. another. To prevent shopping for a State to bankrupt in, you must be a resident of a State for 2 years before you can claim that States's exemptions. This can be complicated depending on your assets. See a bankruptcy lawyer... View More

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1 Answer | Asked in Bankruptcy for Kansas on
Q: IRS tax debt question

I just have a general question. I have a total back tax debt to the IRS for 18k it is for tax years 2008-2012. I am in Missouri and I make about 2900 a month before taxes. Now I have found an attorney but he tells me I cannot include this tax debt in a chapter 7 that I can only do a 13. Now... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 17, 2018

Your tax debt should be dischargeable in a chapter 7 case.There might be another reason the attorney said you can only file a chapter 13. Do you own a home? You might want to just speak to another bankruptcy attorney in your area for a second opinion.

Information provided for informational...
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1 Answer | Asked in Bankruptcy for Kansas on
Q: Do I use private party or dealer retail to value my car to file a motion to redeem?
David Adams
PREMIUM
David Adams
answered on Jan 3, 2018

Generally you start with dealer retail, but if it went to a hearing you would be able to reduce that amount by various factors including mileage, damage, wear and tear, etc. So ultimately again, the final number is negotiable to some degree.

1 Answer | Asked in Bankruptcy for Kansas on
Q: How do I value my car if I want to motion to redeem?
David Adams
PREMIUM
David Adams
answered on Jan 3, 2018

Generally blue book value is used, though ultimately other factors can be considered. There are some companies out there that will lend you the money for the redemption, so the car can be purchased for a more reasonable, post-bankruptcy loan amount.

1 Answer | Asked in Bankruptcy for Kansas on
Q: When did i file chapter 7

Need to know if i can file again

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 20, 2017

You can go online to www.pacer.com and set up an account and check

1 Answer | Asked in Bankruptcy for Kansas on
Q: Should I file for bankruptcy before or after getting an apartment?

After our house sells, my wife and I will be divorcing. I have to obviously get an apartment, but I will have to file bankruptcy most likely after we split. A lot of debt that causes me to live paycheck to paycheck as it is now with 2 incomes. My questions are should I file before or after getting... View More

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 15, 2017

Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.

1 Answer | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Kansas on
Q: What are the consequences for not claiming a rental property during Chapter 13 bankruptcy?

My landlord filed Chapter 13 and claimed our address as her primary residency.I paid monthly rent in excess of her mortgage payment. More than a year after I moved in she changed a utility bill to her name to "prove" her residency.When the bankruptcy was complete, she gave me notice to... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

If there is no off-set and she owes you the damage deposit, you can take her to small claims court.

1 Answer | Asked in Bankruptcy for Kansas on
Q: If a house is in my and my brother's names and my brother files for bankruptcy, will that affect my ownership interest?
David Adams
PREMIUM
David Adams
answered on Apr 28, 2017

It might affect your ownership interest. If there is equity in the property and you both own the house 50/50 the bankruptcy court may take over his 1/2 interest and require that the property be sold (and split the proceeds); that or have you buy out your brother's interest by paying into the... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Q: So what are the chances that a online payday loan place would sue someone if the loan wasn't paid back?
David Adams
PREMIUM
David Adams
answered on Feb 7, 2017

Chances are pretty decent that they will sue and then seek to garnish either a bank account or your wages (both of which have previously been provided to them by the borrower) if the loan is not paid back.

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Q: Can a online payday loan place take you to court and seize your income tax return garnish your wages mess with your bank
David Adams
PREMIUM
David Adams
answered on Feb 7, 2017

Very rarely would they go to the trouble to actually try to intercept the tax return - a bit tricky. More likely they will sue you, get a judgment in the court, and then file a garnishment on your bank account or wages. That is the order they would have to proceed - and they could send ongoing... View More

3 Answers | Asked in Bankruptcy for Kansas on
Q: Completed Chp 13 and received discharge of debtor letter from court. If need 401k for unexpected things would I be ok?

I filed a chapter 13 bankruptcy in the western district of Missouri. I have completed my plan and my trustee submitted the completion of plan payments with the court and already stopped wage garnishments. I also have already received my discharge of debtor letter from the federal court. I need to... View More

David Adams
PREMIUM
David Adams
answered on Feb 7, 2017

Once you have your discharge you are good to go as far as getting a 401(k) loan (or other loan for that matter). Wisdom may indicate not taking a loan against your only retirement account, but legally it is allowed.

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1 Answer | Asked in Bankruptcy for Kansas on
Q: trying to pay bankruptcy off early is the 36 months base off of the file date/the first payment date or petition date?

Just want to make sure I don't pay my bankruptcy of to early and be penalized for doing so.

Nels Hansen
Nels Hansen
answered on Jan 23, 2017

You should contact your bankruptcy attorney. If you do not have one, now is the time to hire one. The order confirming your plan will show your plan base. As an example, if your plan payment is $100 for 36 months then the plan base is $3,600.00.

You committed to paying all disposable...
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1 Answer | Asked in Bankruptcy for Kansas on
Q: Q: I loaned a friend a 1000.00 by paying their Atty. on my credit card. She's now filing bankruptcy. Can she claim this?
David Adams
PREMIUM
David Adams
answered on Sep 6, 2016

Unfortunately, she probably can claim the debt in her bankruptcy. You can still file a proof of claim in the case, and if somehow she has some property that the bankruptcy court takes over, you might get some part payment of the debt. I wouldn't hold my breath, but it never hurts to file the... View More

1 Answer | Asked in Bankruptcy for Kansas on
Q: Got a refund check $61 from a collection co after I filed chapter 13 can I cash it
Robert Gambrell
Robert Gambrell
answered on Jun 11, 2015

If you are represented by counsel, ask your attorney. If you filed pro se, let the trustee know that you received the check in writing, requesting instructions from the trustee as to whether he/she wants the funds turned over to her/him.

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