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Attorneys Hutchinson Kansas

Bankruptcy Law

Bankruptcy Attorneys

Bankruptcy is a federal court proceeding handled by bankruptcy courts in the state of Kansas located in Wichita, Topeka and Kansas City. There are two types of bankruptcy for consumers - Chapter 7, commonly referred to as a liquidation bankruptcy and Chapter 13, commonly referred to as a wage-earner bankruptcy. 

Each state is allowed to create legislation that sets the assets that are exempt in any bankruptcy proceeding. There are also federal bankruptcy exemptions, but we are fortunate in the state of Kansas that the exemptions allowed are more liberal than those set forth in the federal exemptions. You will be allowed to retain your primary residence, one vehicle (two vehicles if a married couple), a qualified retirement plan, household goods, and clothing apparel. There are many other exemptions that may apply in your individual case that would need to be determined before any bankruptcy proceeding were filed. 

Under current bankruptcy law, every person or couple filing bankruptcy must be able to meet the “MEANS TEST” which is the calculation of the maximum income allowed to be earned and still qualify for the filing of a Chapter 7 bankruptcy. There are several income and expense factors that go into this calculation so consultation with an attorney is important to insure this calculation is properly made.

Finally, in most bankruptcy proceedings a person that wishes to retain possession of assets they have pledged as collateral such as houses, cars and other tangible assets must be willing to reaffirm, which means to continue payment on the note to which the collateral is pledged, or else the collateral must be surrendered. In most cases all unsecured debts such as credit cards and medical bills should be discharged in a Chapter 7 bankruptcy. 

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