What Can Bankruptcy Do for Me?

Bankruptcy may make it possible for you to:

  • Eliminate the legal obligation to pay most or all of your debts.  This is called a “discharge” of debts.  It is designed to give you a fresh financial start.
  • Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments.  (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
  • Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed. [Read more…]

What Is Bankruptcy?

Bankruptcy is a legal proceeding in which a person who can not pay his or her bills can get a fresh financial start.  The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court.  Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

Source:  Answers to Common Bankruptcy Questions Pamphlet
National Consumer Law Center, Boston, MA www.nclc.org

Remember:  The law often changes.  Each case is different.  This pamphlet is meant to give you general information and not to give you specific legal advice.

How Do I Find a Bankruptcy Attorney?

As with any area of the law, it is important to carefully select an attorney who will respond to your personal situation.  The attorney should not be too busy to meet you individually and to answer questions as necessary.

The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends or other members of the community, especially any attorney you know and respect.

You should carefully read retainers and other documents the attorney asks you to sign.  You should not hire an attorney unless he or she agrees to represent you throughout the case.

In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best.  [Read more…]

Can I File Bankruptcy Without an Attorney?

Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly.  The process is difficult and you may lose property or other rights if you do not know the law.  It takes patience and careful preparation.  Chapter 7 (straight bankruptcy) cases are somewhat easier.  Very few people have been able to successfully file chapter 13 (reorganization) cases on their own.

Source: Answers to Common Bankruptcy Questions Pamphlet
National Consumer Law Center, Boston, MA
www.nclc.org

Here is what the Kansas Bankruptcy Court says about filing bankruptcy without an attorney:

It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor’s rights. [Read more…]

Bankruptcy Help Still Available

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.  This brochure can not explain every aspect of the bankruptcy process.  If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy.

There have been many news reports suggesting that changes to the bankruptcy law passed by Congress in 2005 prevent many individuals from filing bankruptcy.  It is true that these changes have made the process more complicated.  But the basic right to file bankruptcy and most of the benefits of bankruptcy remain the same for most individuals.

Source:  Answers to Common Bankruptcy Questions Pamphlet
National Consumer Law Center, Boston, MA
www.nclc.org

Remember:  The law often changes.  Each case is different.  This pamphlet is meant to give you general information and not to give you specific legal advice.

Check Out Bankruptcy Law Network and Sister Sites on Mortgages, Debt and Credit

I invite you to read about consumer bankruptcy law at Bankruptcy Law Network. It has been my pleasure to join 24 bankruptcy lawyers and consumer advocates from around the country in writing blog posts for BLN, which has become, in less than two years, the premier Internet site for consumer bankruptcy law information.

The American Bar Association Journal has nominated BLN as a Top 100 Blawg in the niche category.  BLN regularly tops the list of most popular bankruptcy blogs compiled by the ABA Journal.

We also collaborate on the sister blog sites:  Mortgage Law Network, Credit Law Network and Debt Law Network.

Free Web Videos on Filing Bankruptcy

Free web videos on about filing for bankruptcy are now available on the federal court website:

  1. Introduction
  2. Types of Bankruptcy
  3. Limits of Bankruptcy
  4. Filing for Bankruptcy
  5. Meeting of Creditors
  6. Bankruptcy Crimes
  7. Court Hearings
  8. The Discharge
  9. Legal Assistance

Walking Away from the House

Cathy Moran, my blogging colleague on the Mortgage Law Network, discusses whether you should prevent foreclosure and keep the house.  Walking away from the house is one solution for a homeowner who can’t afford to repay the mortgage loan balance and the house is worth at least as much as you owe.  A deficiency judgment, if one is taken in the foreclosure, can be discharged in bankruptcy.  Here is a pay or go calculator to help you assess whether you should walk away from your mortgage.

Courts Launch Bankruptcy Videos

The federal bankruptcy courts rolled out short web videos on basic bankruptcy topics for consumers considering filing bankruptcy.

The first video explains that bankruptcy is a legal process for individuals who cannot pay their debts, which stops debt collection and discharges the debts.

All eight videos can be viewed on bankruptcykansas.info or the courts website.

Consider Chapter 13

Considerchapter13.com is a new web site launched by the National Association of Chapter 13 Trustees Academy for Consumer Bankruptcy Education. The site contains information for consumers and bankruptcy attorneys by the Chapter 13 trustees who belong to the NACTT.

As always with any information on the internet, you should ask questions and discuss specific issues with your own bankruptcy attorney.  Chapter 13 bankruptcy practice varies widely from trustee to trustee and judge to judge around the country.

Bankruptcy Income Guidelines to Increase Slightly October 1

It will be a little easier to qualify for bankruptcy relief when the income guidelines used for eligibility increase slightly on October 1.  A single Kansas earner will be able to make $894 more per year and qualify for chapter 7 bankruptcy relief.  A family of four will be allowed a $2036 more income per year in Kansas.

Here are the “means test” figures now in effect and the figures approved by the U.S. Trustee for bankruptcy cases file on October 1, 2008, or after.

  • 1 earner                       $38,594      $39,488
  • 2-person families    $52,989      $54,070
  • 3-person families    $58,075      $60,906
  • 4-person families    $69.831      $71,867
  • 5-person families    $76,731      $78,767
  • 6-person families    $83,631      $85,667
  • add $6,900 for each additional person [Read more…]

Wichita Car Dealer Convicted of Bankruptcy Fraud – Facing 5 Years in Jail

A Wichita car dealer who gave money to relatives before filing his bankruptcy case and lied on his bankruptcy paperwork was convicted of federal crimes this week and faces possible jail time for his fraud.

Evidence at trial proved he gave money to his wife and his brother prior to filing his bankruptcy case and he lied on his paperwork. He falsely said he had no bank accounts and he had made no transfers of money to relatives nor closed any bank accounts. He also charged $125,000 on credit cards within a year of filing the bankruptcy petition for airline tickets, jewelry and other goods. [Read more…]

Can't Add Your Spouse to Your Individual Bankruptcy Case Later

Your spouse does not have to file bankruptcy with you in Kansas, but make sure you don’t want to file a joint case, because you can’t add your spouse to the case later.

Judge Dale L. Somers denied an attempt by a debtor to add her spouse two months after she filed her case by amending her petition filed with the Court. In Re Cheryl R. Daly, 07-22628-13, (Bankr. D.Kan. 01-28-2007).

It would be possible for the nonfiling spouse to file his own case and then consolidate the two cases for administration.

Verified by MonsterInsights