Guide to Finding Kansas Bankruptcy Lawyer

What is a Kansas Bankruptcy Lawyer?

Kansas bankruptcy lawyer can provide legal advice and help people through every step of different chapters of bankruptcy. A KS bankruptcy lawyer can also help a person or family negotiate with creditors and reach the best possible settlement. There are many options for both families and corporations within the state of KS, and some of the state laws can be somewhat lenient when it comes to exemptions. If you believe you are in danger of filing bankruptcy, you should contact a Kansas bankruptcy lawyer immediately.

How Can I find a KS Bankruptcy Lawyer?

Kansas bankruptcy lawyer can advertise their services in a variety of ways. However, as a general rule of thumb, so of the best Kansas bankruptcy lawyer and around the entire country advertise their services very little. You’re probably asking yourself, why? Well, if an attorney is well known, they can usually sustain a large clientele through referrals. The following tips may help in finding a well known and successful Kansas bankruptcy lawyer:

1) Word of Mouth- as mentioned above, some of the best lawyers have a large clientele because they get referrals from other clients. You should always consider asking people you know (family, friends, and coworkers) if they know of any well known lawyers around the state of KS.

2) State Lawyer Associations- numerous lawyer associations throughout the state of Kansas can help you find a bankruptcy lawyers. You should consider looking into the Kansas State Bar and other bars around large metropolis areas.

3) Proper Certification- most successful bankruptcy attorneys have proper certification in handling credit matters. If you have found numerous lawyers who provide the same services, you should then see if the attorney is qualified under the American Board of Certification. Bankruptcy lawyers are not necessarily required to be certified under the American Board, but again, some of the best attorneys are certified.

Personal vs. State Corporate Bankruptcy

There are many types of bankruptcy, but two of the most common types for individuals or families are Chapter 7 and Chapter 13. If a corporation is facing economic hardship, the company will normally file under Chapter 11. Chapter 7 has become harder and harder to file since 2005, and many people are required to file under Chapter 13 instead. However, it’s important to talk with your bankruptcy attorney in order to notify them of your hopes for keeping certain assets.

Chapter 7

As mentioned above, Chapter 7 is becoming harder and harder to obtain. In order for a person to file Chapter 7, they must have a very large amount of unsecured debt and low means to income. The person or family’s income must also fall below the state’s average household income. However, even if a person’s income falls below the state average, a judge may still require the person to file under Chapter 13. Your attorney can help establish which type of bankruptcy is best for you, but if you are qualified for Chapter 7 in Kansas, you may receive some of the following exemptions:

• Up to 160 acres of farmland, or one acre of residential property for homestead

• Up to 75% of disposable income

• Up to $20,000 for vehicle

• Food and fuel for one year

• Up to $8,500 in personal property and livestock

Chapter 13

There are many detailed and complicated steps involved in Chapter 13 within the state of Kansas. This type of bankruptcy works best for people or families with a large amount property who can still afford to make monthly payments. Once they file Chapter 13, the person or family will make monthly payments for the next three to five years in order to reduce their overall debt by as much or more than 25%. The debtor (or owner of the property) has specific responsibilities within Chapter 13, and it’s essential to have a bankruptcy lawyer help you with every step. Bankruptcy lawyers can often take responsibility for most of the steps below, but these steps that specific to Kansas are ultimately the debtor’s responsibility:

1) A debtor may only be excused from the responsibilities of the orders enacted upon by Chapter 13 if they appear and court and justify their circumstances.

2) A debtor is required to complete an Exhibit B-Mortgage Creditor Checklist and Exhibit C-Authorization to Release Information to the Trustee Regarding Secured Claims Being Paid by the Trustee. These forms must be mailed to the trustee within 14 days of filing a bankruptcy petition.

3) A debtor, with the help of their attorney, is required to mail all correspondence, notices, statements, payment coupons, escrow notices, and default notices to the trustee that contain adjustments in monthly payments or interest rates.

4) Any debtor who is employed and required to make monthly mortgage payments must have an employer send a pay order to the Clerk of the Bankruptcy Court.

As mentioned above, a Kansas bankruptcy lawyer can and should help with all of the steps above. The same Kansas bankruptcy lawyer should also notify the debtor of all responsibilities he or she needs to fulfill when corresponding with the Trustee and Real Property Creditor. There are numerous documents a Trustee and Real Property Creditor must submit to both the debtor and bankruptcy attorney. Your attorney will notify you of all the documents a Trustee and Real Property Creditor must submit, and your Kansas bankruptcy lawyer will also notify you if any of the documents and steps are not meant by either party.

KS Bankruptcy Lawyer : Reaffirmation Agreement

A reaffirmation agreement allows a person to keep certain assets (like a car) under Chapter 7 if they keep making payments. The agreement states that you are continuing to make monthly payments, the remaining balance, and the amount of monthly payments. The agreement is usually signed by you, the bank, and your Kansas bankruptcy lawyer.

However, your Kansas bankruptcy lawyer may decide not to sign the reaffirmation agreement. There are many reasons why your attorney might not sign, but the agreement usually requires the KS bankruptcy lawyer to sign under a clause stating that he or she is confident you can make the payments. If your lawyer doesn’t sign the agreement in Kansas, you can still file the document. Many people simply tell the court or bank that they simply can’t make it to work without their car. A person must still show proof of monthly payments, but a Kansas bankruptcy lawyer signature is not necessarily required in the state of Kansas.