Kansas Bankruptcy

Bankruptcy is a judicial process for businesses and individuals seeking to resolve unpayable debts. Bankruptcy cases in Kansas are handled by the federal court. On the other hand, Kansas’s state law determines what assets you may protect.

Kansas has opted out of the federal exemption system; therefore, individuals are required to file bankruptcy using Kansas exemption rules. One of the most notable features of Kansas's bankruptcy rules is its unlimited homestead exemption. Though this is subject to acreage and federal restrictions based on timing.

How to File Bankruptcy in Kansas

Kansas residents may apply certain practical step-by-step approaches to file bankruptcy cases. This explains the process from enrolling in a credit counseling course to when the case is resolved. Before filing for bankruptcy, individuals may register for a credit counseling course, which typically takes 180 days. To qualify for a discharge, individuals are required to complete a debtor education course post-filing.

The court may request that you submit certain documents to support your case. These include financial records such as tax returns, six months of income documentation, bank statements, a complete list of assets or debts, titles, and property deeds. Selecting the appropriate chapter based on your financial situation is necessary.

You are required to choose between chapters 7, 13, or 11. Kansas state-specific exemptions apply for vehicles, homesteads, and household goods. In addition, you may file your petition and schedules with any of the courts locations in the District of Kansas. These include Kansas City, Topeka, or Wichita, although local filing procedures apply.

Individuals may review the court filing fees, and a fee waiver is available for those who qualify. They are also allowed to split payments into installments. To verify the current amounts and payment methods, you may check the court’s fee schedule. In Iowa bankruptcy proceedings, trustees may request a valid ID and supporting documents; individuals are expected to come along with them.

Also, you are required to continue responding to all court communications and trustee requests promptly until your case is discharged. To be eligible to use chapter 7 bankruptcy, your income is a factor that determines this. Nonetheless, if you don't qualify to use chapter 7 bankruptcy, chapter 13 remains an option. This allows you to pay debts through a structured repayment plan.

Kansas Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

In Kansas, each bankruptcy chapter suits different financial needs. Kansas exemption laws play a role in determining what assets you can retain and what debts you must repay.

Chapter 7 (liquidation)

This is ideal for lower-income individuals with non-exempt assets. The trustee may sell non-exempt properties to pay off debts. Under Kansas exception laws, you may be able to protect up to $20,000 in equity in a vehicle used for transportation.

Chapter 13 (repayment plan)

This chapter involves structuring a 3 to 5-year repayment plan to reorganize debts. The required monthly payment plan often reflects the value of any non-exempt assets under Kansas law.

Chapter 11 (reorganization)

It is mainly used by businesses and individuals with substantial debts. This chapter allows operations to continue while a repayment plan is negotiated and approved by the District of Kansas Bankruptcy Court.

Step-by-Step Checklist for Kansas Filers

Individuals filing bankruptcy cases in Kansas may follow these guidelines to manage deadlines:

• Complete credit counseling
• Gather financial records
• Choose chapter and apply Kansas exemptions
• File petition and schedules in the appropriate court
• Pay filing fees or request a waiver or installment
• Attend 341 meeting
• Complete debtor education course
• Monitor trustee or court communications until your case is discharged or repayment plan is complete

Kansas Bankruptcy Court & Record Access

Kansas residents are required to file bankruptcy cases in the appropriate venue. They may also utilize court tools for docket access and to navigate the procedure.

Court Locations

The U.S. Bankruptcy Court for the District of Kansas operates in three divisions:

The Kansas City Division: It has jurisdiction over all the counties in the northeastern region of Kansas. The courthouse is located at:

Individuals may contact the clerk by phone at 913 (735) 2110. Business hours are Monday to Friday from 9:00 a.m. to 4:00 p.m.

The Topeka Division handles all federal bankruptcy cases that arise in this jurisdiction. This court's physical address is at:

The third location is the Wichita Division and the clerk may be reached at 316 (315) 4110. The working hours are from 9:00 a.m. to 4:00 p.m., Monday to Friday excluding federal holidays. Individuals may visit the below address to file bankruptcy cases in the Wichita Division:

Records and Tools for Access

To access bankruptcy records, electronic copies (dockets and documents) are available via the Public Access to Court Electronic Records website (PACER). The public may access files in the federal courts nationwide through the PACER Case Locator.

Limited bankruptcy cases are available via the Multi-Court Voice Case Information System (McCVIS) by calling 866 (222)-8029. When conducting a case lookup, available information includes the bankruptcy chapter filed, assigned trustee, and meeting dates.