How to File for Bankruptcy in Kansas
Filing for bankruptcy in Kansas is a process that follows many of the same steps as filing for bankruptcy in the rest of the country. Anyone considering the option to file for bankruptcy in Kansas should become familiar with the federal and local laws, guidelines and requirements. One of the first things that a person must do after making the decision to file for bankruptcy is to determine which form of bankruptcy is appropriate. Chapter 7 bankruptcy and Chapter 13 bankruptcy are the two most popular forms of bankruptcy in the country. Chapter 7 bankruptcy offers an opportunity for debts to be dissolved. Chapter 13 bankruptcy makes it possible to create a payment plan for paying back debts over a period of time. There are also some uncommon options that may be appropriate for some people. Chapter 12 bankruptcy is an option that is available to farmers and fishermen. Chapter 11 bankruptcy is an option that is available to people with large debt amounts or business debts.
The form of bankruptcy that a person is eligible to file for is determined by something called a means test. A means test is required by the court early in the bankruptcy process. Debtors will need to supply accurate and detailed information regarding assets, income, liabilities and more. Anyone filing for bankruptcy must be prepared to submit complete, honest and accurate information to the court. Any unintentional errors or attempts to conceal the truth about assets could result in delays, additional fees, penalties or a case being dismissed from the court.
Preparing to File for Bankruptcy in Kansas
It is necessary for a person to prepare to file for bankruptcy by completing a credit counseling course during the six months leading up to filing. This course must be taken through an agency that is approved in the state of Kansas. A list of approved course providers can be found here. In addition, it is necessary to complete a debtor education course once the bankruptcy process is in motion. A list of approved providers for this course can be found here. It is also recommended for every debtor to seek the guidance of a bankruptcy attorney before actually filing for bankruptcy. The complicated nature of the bankruptcy process can often be intimidating for people without legal knowledge and experience.
Key Steps in the Bankruptcy Process
It is necessary to file a petition with court to formally begin the bankruptcy process in Kansas. An automatic stay is triggered when a petition is filed. All creditors are prevented from contacting a debtor or attempting to collect unpaid debts once an automatic stay in is place. Another key step in the bankruptcy process is something called a meeting of creditors. This meeting is mandatory for all debtors. Creditors will have an opportunity to prove that a debtor possesses nonexempt assets or object to the terms of a payment plan during the meeting of creditors. However, the meeting is typically a very short event that serves as a formality.
Key Facts About Filing for Bankruptcy in Kansas
The United States Bankruptcy Court for the District of Kansas has locations in Kansas City, Topeka and Wichita. The fee when filing for Chapter 7 bankruptcy in Kansas is $335. The fee when filing for Chapter 13 bankruptcy in Kansas is $310. A full list of all of the other fees that a debtor can expect when filing for bankruptcy in the state of Kansas can be found here. The forms that will need to be used when filing for bankruptcy in Kansas can be accessed here.