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Chapter 7

Filing Bankruptcy Chapter 7 in Kansas

Kansas Chapter 7 Bankruptcy Attorney

If creditors are engaging in foreclosure on your house, wage garnishment or seizure of your bank accounts, it is time to consider bankruptcy. Once a bankruptcy petition is filed, all creditor action against you must stop. Under Chapter 7, your non-exempt debts may be discharged. This is a complex action however and so you should have a bankruptcy attorney's help to avoid costly mistakes. Therefore, if you are in Kansas needing debtor relief, you are urged to contact the bankruptcy attorney in Kansas.

Is Chapter 7 Right for You?

Chapter 7 is suited for you if you are burdened by debt you cannot reasonably pay. To make sure you fit into this category, the bankruptcy law has "means test" which your attorney can help you with. The next consideration is whether your debts can be discharged in bankruptcy. Credit card debt and most unsecured debts may easily be discharged. But student loans, child support and maintenance may not be. If the bulk of your debt is dischargeable, Chapter 7 will be helpful; otherwise another chapter might be better.

If you have a car that you are making payments on, you may still keep the car by continuing the payments. The same is true of a house that is being foreclosed on. If you can make the house payments, you may keep the house. Perhaps by dispensing with other obligations, the Chapter 7 will enable you to make the house payments that previously were too much.

The Chapter 7 Bankruptcy Process

Chapter 7, often referred to as “straight bankruptcy” is the most common type of bankruptcy filed by individual debtors in the U.S. Though it involves the liquidation of property to pay off creditors, much of a debtor’s property and assets may be protected by state or federal bankruptcy exemptions. Most debtors lose little to no property when they file Chapter 7. The process for this type of bankruptcy in Kansas may proceed as follows (though it may vary depending on the particular circumstances of your case):

  • The debtor files a Chapter 7 bankruptcy petition. This places an “automatic stay” or temporary halt on all collection activity, including contact by creditors, collection lawsuits, wage garnishment, repossession and even foreclosure. Within 15 days of filing your petition, you will also need to file all pertinent financial information regarding your debt, assets and property with the court.
  • After your petition has been filed, you will receive a notice from the court regarding the date of your hearing.
  • Approximately 30 to 45 days after you filed your petition, you will need to attend a bankruptcy court hearing. This hearing is held so the bankruptcy trustee handling your case can ask you specific questions under oath regarding your debt, assets, etc. Your attorney can prepare you for this hearing. During your hearing, you have the option to reaffirm debt, which is to say you can agree to a repayment schedule with a specific creditor. This is an option some debtors choose so they can keep certain property, such as a car.
  • The bankruptcy discharge in a Chapter 7 case will typically occur approximately two months after the date of your hearing. Once your debt is discharged, you will have no further obligation to pay it.

Bankruptcy Attorney in Kansas May Help You File Without Leaving Home

We of Rick Hodge, Attorney at Law, are one of the few law firms in Kansas able to file your bankruptcy without you visiting our office. The only trip you will need to make is to Wichita for the Meeting of Creditors one month after the filing. We have filed hundreds of bankruptcy petitions for people all over the state. We understand that this is a stressful time for you. We invite you to contact us. We will answer your questions and do all we can to help you through the process.

Contact a Kansas Chapter 7 bankruptcy attorney for Help with Your Chapter 7 filing in Kansas.

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