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Kansas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Kansas on
Q: Im wanting to file chapter 7 bankruptcy and im needing to find a lawyer that can help me with the fees being waived
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Yes - depending on your income, debt levels, and resources, there are some options to help with bankruptcy lawyer fees in Chapter 7 cases.

1. Requesting a Fee Waiver - If you can fully document very low income and limited assets, bankruptcy lawyers are sometimes willing to file a fee waiver...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Kansas on
Q: My husband moved to Florida we are not legally separated so could I file for divorce and bankruptcy at the same time?

If I file for bankruptcy and he gets very upset and filed for divorce how would that affect my bankruptcy? Can he try to get me to pay the debt in the divorce?

Sonya Jackson
Sonya Jackson
answered on Jul 14, 2023

You can file your bankruptcy case and your divorce case on the same day. However, from a practical perspective, it may make more sense to get your bankruptcy behind you before filing for divorce. This is because, by having the debt discharged before the divorce, you reduce the number of issues that... View More

1 Answer | Asked in Insurance Bad Faith and Bankruptcy for Kansas on
Q: My insurance company filed bankruptcy and left me with a $22,000 bill. The Receivership denied my claim

Because the hospital failed to provide information in a timely manner. What should I do?

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. You may need to consult with a local attorney on this, but you could first reach out to the Kansas Department of Insurance to see if they could offer guidance. Departments of insurance nationwide monitor and oversee... View More

2 Answers | Asked in Bankruptcy for Kansas on
Q: I am a 73 year old woman with over $30,000 in credit card debt. If I file chapter 7 do I have to file on every card?

I get social security and a small monthly pension. I live with my daughter, so no personal property other than my clothes and my car. I can pay payments and pay to keep my Menards card and my 2 Bank of America cards. Most of this debt happened when I had to have extensive dental and medical... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2023

If you file a voluntary bankruptcy petition, you will be signing Schedules of ALL your assets and debts, under penalty of perjury. So yes, you must "file" on every debt you have at the date you file for bankruptcy relief.

That said, you have the option to reaffirm any otherwise...
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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.
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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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1 Answer | Asked in Bankruptcy for Kansas on
Q: When filing for a chapter 7 bankruptcy do I need to include all vehicles that are in my name even if its not my vehicle?

When filing chapter 7 bankruptcy in Missouri must I include all vehicles that are in my name, regardless if they are mine or not? I am asking because I bought a few auction vehicles for relatives, they paid for them. I am worried that if I do they could be taken away from them during the... View More

Timothy Denison
Timothy Denison
answered on Sep 28, 2023

Yes. You must list all property owned by you or in your name.

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... View 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 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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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... View 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... View 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.
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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,... View 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
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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... View 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... View More

Stuart Nachbar
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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... View 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 .

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