One of the big concerns people have about  bankruptcy is whether the bankruptcy will affect their ability to move or lease a new apartment. Rest

Chapter 7 bankruptcy makes the debtor (you) no longer liable for dischargeable debts. A Chapter 7 wipes out credit card, medical, utility, and even car loan debt. If you

Disclosure in Bankruptcy You have an obligation to be truthful in your bankruptcy schedules and your dealings with the court.  You should always notify your

In a chapter 13, you agree to make a plan payment over the next 3 and 5 years. The amount you pay is based on your disposable income and

When a debtor files a bankruptcy case, the automatic stay comes into place. The automatic stay is a temporary injunction that requires most creditors to stop collection efforts

If you are thinking about filing bankruptcy, you should stop charging purchases to your credit card as soon as possible. Credit card debts are usually discharged (wiped out) in bankruptcy

If you plan on filing bankruptcy it is important to consider any gifts or unusual transfers you have made to family members or friends in

Incurring new debt while in a Chapter 13 Bankruptcy  The day you filed your Chapter 13 bankruptcy, you listed all your debts and provided the court

Short Sale Deficiency from Home Sale  Short sales were common from 2008 to 2012 when housing prices crashed, and many people owed more on their mortgage loan than their house

Personal injury judgment arising from barfight determined non-dischargeable by 10th Circuit BAP.  One of the newest 10th Circuit BAP opinions discusses the standards for non-dischargeabilty of a personal injury claim arising from a bar fight. The

Can I keep my tools and equipment I use in my business?  For self-employed individuals or individuals that own their own tools for work may

So, your divorce is final—you have agreed on a settlement of property and debts, and the final decree has been entered. Now you’re thinking of filing bankruptcy

The Bankruptcy Code’s policy requires a full disclosure of an individual’s finances. The debtor agrees to lay out their financial history to the court, the

I finally gave in to the cryptocurrency hype and bought Litecoin and EOS (I can’t afford Bitcoin). I’ve been trading stocks and options for years

Many people have leases or contracts when they file for bankruptcy. Some common leases or contracts we see in our office are:   Residential leases  Car leases  Appliance

Employment of Professionals for Personal Injury, Medical Malpractice, and Employment Claims  Is there a bankruptcy?  If you are a practitioner in any area of the law

When considering bankruptcy, many people question whether they need an attorney to help them. After all, they are on a tight budget, and the idea

What is adequate protection?  Adequate protection is the right of a secured creditor to receive protection against the decreased value of their interest in the property while the

By the time people declarebankruptcy, it is not uncommon for people to be behind on their rent, sometimes facing eviction. Past due rent is sometimes

One of the key people in bankruptcy is the bankruptcy Trustee. The United States Trustees at the Justice Department appoint and supervise private trustees who administer bankruptcy estates throughout

Many people do not think of past due utilities as debt that can be wiped out in bankruptcy. If you have outstanding utility bills at the time you file bankruptcy, that debt that needs to be listed on your bankruptcy petition.

What happens to pets in bankruptcy?  When you file a bankruptcy you must list all property you own in your schedules.  Out of all the questions

What happens if a person files bankruptcy but dies before receiving their discharge? When a person dies, their heirs generally are not responsible for paying the decedents debts. Rather, the

Every debtor that files bankruptcy must make one court appearance where they attend their meeting of creditors, also called a 341 meeting. At the meeting, you

Many people who are looking at filing bankruptcy have a car that they need to get to and from work, as well as to run

Every debtor that files a bankruptcy must make one court appearance where they attend their meeting of creditors, also called a 341 meeting. However, in

Many professionals, such as teachers, nurses, real estate brokers, and even funeral home directors are required to obtain a license or certification before they may begin a job in their chosen field. People

The Cross-collateralization clause-found in many credit union agreements  Cross collateralization is a provision in many credit union loan agreements. It can create some complications for someone who

People that file bankruptcy between January and mid-April (during tax season) often ask what happens to their tax refund and what can they do to

There are times when we tell potential clients that they may not need to file bankruptcy. If you don’t have any assets or income that a creditor can claim, you are what

Will I lose my Veterans benefits if I file for bankruptcy?–NO!  In 2019 the president signed the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN

Many people call our office after receiving a court summons regarding a debt. They are understandably scared about the court process and the threat of having their

Social Security Disability and Creditors  If you have a debt that has gotten a judgment against you and is threatening a garnishment, can they take your

Do I have to List all of My Debts in Bankruptcy?  Yes, one of your debtor duties under the bankruptcy code is you “shall file a list of creditors”. See 11

The recent U.S. Supreme Court decision in City of Chicago, Illinois v. Robbin L. Fulton (Chicago v. Fulton) clarifies for creditors whether inaction on the

In many cases only one person in a married couple will file a bankruptcy.  The non-filing spouse does not have to make the bankruptcy payments in

Many people are wondering if any future stimulus checks may be taken by the bankruptcy trustee if they file bankruptcy. These stimulus checks are helping

Overview: The Bankruptcy Code requires Chapter 13 plans to be “proposed in good faith”. The code does not have a set standard of what meets

Overview:  When you are considering filing for bankruptcy and you are married, you must decide whether or not you and your spouse want to file together, only have

Financial disclosure is paramount in filing a bankruptcy petition and can impact the chances of a discharge. In re Lana shows us that the trustee is always looking, even post

The short answer is no. The long answer is still no unless the circumstances are appropriate. If you borrow money from your retirement account to

If you are interested in filing bankruptcy or getting more information about it then the first thing to know is that regardless of what type

One of the most common questions by someone considering Chapter 13 bankruptcy is how much is my monthly payment and how long is the repayment plan?     The base

When you file a chapter 13 bankruptcy there is always a concern that you will end up paying not only your attorney fees but those

The Automatic Stay is an injunction that goes into effect when a bankruptcy case is filed.  An injunction is a court order that tells people

A Bankruptcy Trustee is most often thought of as the person that manages the bankruptcy estate.  When someone files for a bankruptcy a trustee is

I think this is one of the most controversial issues I have run into in my more than 20 years practicing law.  It is a

If you are looking for options outside of bankruptcy to help you deal with creditors then I recommend you consider going to a certified credit

If you are going to file a bankruptcy in Kansas then the most important thing you can do is plan out your case. Your bankruptcy

Many people find themselves considering bankruptcy to get rid of debts they cannot pay off, but have some debts they may want to keep. Maybe

At times I will go through bankruptcy opinions by our local bankruptcy Judges so you can see what is going on at the trial court

An objection to confirmation is a response filed in a chapter 13 bankruptcy to an original or amended plan that is filed in the case. 

When you decide to file a bankruptcy it is easy to think of the entire process as something between you and your attorney.  You meet

I often have people call on the phone to ask me questions about filing a bankruptcy and somewhere near the end of the call they

It is difficult to know how deep your financial hole is if you still have the ability to borrow money.  I often meet with people

Whenever I meet with a potential bankruptcy client the first duty I have is to try and figure out what services they need and if

The most common question I get from clients is what type of bankruptcy I think they should file.  In some cases there is a clear

You cannot be arrested just for owing money in Kansas, but many creditors have figured out a way to get you in police custody despite

Over the last several years, our practice has expanded several times.  We have grown into a state-wide law firm with offices in Overland Park, Wichita,