how to file bankruptcy without a lawyer in kansas

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Can I file bankruptcy without a lawyer?

But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases). While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

What forms do I need to file for bankruptcy in Kansas?

Completing the Bankruptcy Forms in Kansas. When you file for Chapter 7 or Chapter 13 bankruptcy, the forms you must complete include: a bankruptcy petition. schedules containing detailed information about your finances. a lengthy form known as the “means test” for Chapter 7, and. a similar form for Chapter 13.

What are the Kansas bankruptcy exemptions?

If you have lived in the Sunflower State for at least two years at the time your Chapter 7 bankruptcy in Kansas is filed, you are required to use the Kansas bankruptcy exemptions to protect your assets.

How do I file bankruptcy in the state of Kansas?

Collect Your Kansas Bankruptcy Documents. ... Take a Credit Counseling Course. ... Complete the Bankruptcy Forms. ... Get Your Filing Fee. ... Print Your Bankruptcy Forms. ... File Your Forms With the Kansas Bankruptcy Court. ... Mail Documents to Your Trustee. ... Take Bankruptcy Course 2.More items...•

How long does it take to file bankruptcy in Kansas?

Your creditors will have received notice about the bankruptcy filing, and they have the opportunity to appear at the hearing. Generally, about 60-90 days after the creditors hearing, the court will issue a discharge of your debts. However, depending on the complexity of your case it can take longer.

What should you not do before filing bankruptcy?

Here are common mistakes you should avoid before filing for bankruptcy.Lying about Your Assets. ... Not Consulting an Attorney. ... Giving Assets (Or Payments) To Family Members. ... Running Up Credit Card Debt. ... Taking on New Debt. ... Raiding The 401(k) ... Transferring Property to Family or Friends. ... Not Doing Your Research.

Can a normal person file bankruptcy?

By definition, a bankrupt or an insolvent person is the one who is unable to pay his debts. However, you can file an insolvency petition only if your liabilities exceed your assets, making it impossible for you to pay the debt. Hence, this option is not open to all the people who are in debt.

What personal property you can keep if you file for bankruptcy in Kansas?

Kansas Bankruptcy Exemptions Protect Your PropertyASSETEXEMPTIONHousehold goods, clothing, food, and fuel to last 1 yearNo monetary limit.Jewelry$1,000 limit per debtor.Vehicle1 vehicle per debtor. $20,000 equity limit per vehicle used as main means of conveyance. No equity limit if equipped for disabled person.18 more rows•Jul 17, 2017

What is the difference between Chapter 7 and Chapter 13?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

Should I close my bank account before filing bankruptcy?

You'll want to open checking and savings accounts at a bank that doesn't service any of your debt and use the new account for banking purposes before filing bankruptcy. Again, you don't need to close other accounts—leave them open and report all accounts when filling out your bankruptcy paperwork.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What happens to your credit cards when you file for bankruptcy?

When you receive your bankruptcy discharge, your credit card debt and other unsecured debts like medical bills are eliminated. This means you aren't responsible for paying it anymore. Your credit card debt will be discharged whether the balance is $5 or $5,000.

What debts are not discharged in bankruptcy?

The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.

Do you get out of all debts if you declare bankruptcy?

Bankruptcy Can Wipe Out Credit Card Debt and Most Other Nonpriority Unsecured Debts. Bankruptcy is very good at erasing most nonpriority unsecured debts other than school loans. For instance, you can discharge unsecured credit card debt, medical bills, overdue utility payments, personal loans, gym contracts, and more.

What is one consequence of going into bankruptcy?

Bankruptcies are considered negative information on your credit report, and can affect how future lenders view you. Seeing a bankruptcy on your credit file may prompt creditors to decline extending you credit or to offer you higher interest rates and less favorable terms if they do decide to give you credit.

Forms

If you are filing without an attorney (pro se), please see the following form packets. These packets do not include all forms or cover all information that a debtor may need. Please review additional resources available on this website.

Filing Fee

Filing fees are listed in the Fee Schedule, or in the Chapter 7 and Chapter 13 packets, above.

Where to file

Submit your documents in person, by mail, or by email to one of the following Clerk's Offices:

How does bankruptcy work in Kansas?

The bankruptcy process falls under federal law, not Kansas state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

How long does it take for creditors to stop bothering you after filing bankruptcy?

After Filing for Bankruptcy in Kansas. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors the notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

What happens if a bankruptcy exemption doesn't cover a property?

When a bankruptcy exemption doesn't cover the property, you'll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan. Choosing state or federal exemptions. Kansas doesn't allow you to choose between the state exemption list and the list of federal bankruptcy exemptions.

How long does it take to file Chapter 7 versus Chapter 13?

Chapter 7 bankruptcy. Chapter 7 is often a bankruptcy filer's first choice for several reasons. It's quick—it only takes a few months to complete.

What is the Kansas homestead exemption?

Kansas Homestead Exemption. The homestead exemption in Kansas is extremely generous. It protects the entire value of the equity in your home or principal residence, including the real property or mobile home you occupy on property up to one acre in a town or city or up to 160 acres if it's located on farmland. (Kan.

Can you lose your car if you file Chapter 13?

So you could lose your home or car if you're behind when you file. Chapter 13 bankruptcy. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7.

Can spouses file for bankruptcy together?

Spouses filing together can double the exemption amount if both own the property unless noted otherwise. COVID-19 recovery rebate exemption. You might be able to protect stimulus payments, tax credits, and child credits in bankruptcy with the federal recovery rebate exemption.

What happens if you file for foreclosure in Kansas?

This will stop any foreclosure proceedings. Upon filing, the court will assume legal control of your debts and any property not covered by your Kansas exemptions. A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible.

How long do you have to pay unsecure creditors in Kansas?

1) It must be delivered in good faith. 2) Unsecured creditors must be paid at least as much as if a Chapter 7 bankruptcy had been filed. Generally, this is the value of all the nonexempt property you own (see Kansas bankruptcy exemptions ). 3) All disposable income must be paid into the plan for at least three years ...

What is automatic stay in bankruptcy?

Automatic Stay. Once you have filed your paperwork with the bankruptcy court, an automatic stay immediately goes into effect. This provision prevents creditors from making direct contact with you or staking a claim on any of your property from the day of filing forward. This will stop any foreclosure proceedings.

How much does it cost to file for bankruptcy?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived. If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted.

How much can you pay off unsecured debt?

Depending upon the judgments of those involved with your case, unsecured debts can be paid off for as little as 10 cents on the dollar. 1) It must be delivered in good faith. 2) Unsecured creditors must be paid at least as much as if a Chapter 7 bankruptcy had been filed.

How long does a trustee have to challenge a debtor?

Trustees and creditors have 60 days to challenge the debtor’s right to a discharge.

What happens if you file Chapter 13?

If you have filed Chapter 13, you must begin making your plan payments. Generally these payments will be withdrawn directly from your wages and you or your attorney should arrange with the court for these payments to be deducted from your wages . Automatic Stay.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

What do you need to pay for bankruptcy?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.