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 dischargeable in bankruptcy just like credit card and medical debt. Filing for bankruptcy may stay an eviction proceeding temporarily and can allow the tenant to save up money for past due rent, work with the landlord to allow them to stay in the rental, or give them time to find a new residence.   Today’s post will address common questions we get from renters.    Does Filing Bankruptcy Stop a Rental Eviction ..read more

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. If your utility is a public utility (water, gas, electric), that utility must continue to provide you service even after you discharge your past due amount in a bankruptcy. These utilities will generally restart your account automatically and charge you a small deposit over the course of 3 to 4 months. Other things that peop ..read more

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 we ask clients about the property they own, the one that usually comes with a look of confusion is when we ask if they own any pets. People wonder why we ask the question and almost immediately ask if they list their pet will they be forced to give them up. The answer is almost always NO, unless they are a prize-winning show animal, livestock,  ..read more

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 debts are paid out of the decedents estate and anything leftover can be distributed through state probate proceedings.  Potential heirs often wonder what happens to the bankruptcy case and if it can be completed to discharge the deceased debts and leave them a larger share. Today’s post discusses what can happen when a debtor ..read more

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 errands and do every day activities. When talking about bankruptcy with an attorney, many people do not want to “claim bankruptcy” on their car, or worry about losing their car in bankruptcy. Generally, when you file bankruptcy in Kansas, you are able to keep your car, because there is a large exemption for the value of the equity in your car. Automobiles and Bankruptcy Exemptions When you file a bankruptcy, you can “exempt” or keep certain items up to specific values. In Kans ..read more

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 most cases a debtor will never step foot in a formal court room or appear before the bankruptcy judge. During the 341 hearing the judge is not present and the hearing is held in a meeting room rather than in a courtroom. You will be sworn in to testify under oath, but the rules of evidence are not enforced as they would be if a judge were present. The trustee assigned to the case is present and will ask the debtor questions about their bankru ..read more

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 in licensed professions or people who plan to become licensed often ask if a bankruptcy will affect their license or the ability to obtain a license in the future.   Professional Licenses are Generally Not Affected The short answer is that filing a bankruptcy will not affect a professional license. Rather ..read more

Cross collateralization is a provision in many credit union loan agreements. It can create some complications for someone who is filing for bankruptcy. Today’s post will discuss the clause and why it matters in bankruptcy. First, let’s run though the typically scenario of the cross-collateralization clause in effect.   You decide to finance a car through your local credit union. You get the car and start making payments—everyone is happy. You know that if you do not make your car payments the credit union can come repossess the car b ..read more

Basic Bankruptcy Questions Whenever I meet with a bankruptcy client the first duty I have is to try and figure out what services they need and if I can help them.  I usually start by asking basic questions about their lives.  Are they married?  Do they have children?  What do they do for a living?  How much income do they have?  What kinds of debt do they have?  What happened to get to this point?   Many of these bankruptcy questions lead to more questions.  They are designed to give me an idea of out what is happening and how did we get here ..read more

Why first and last payments in chapter 13 bankruptcy are the most important payments to make timely.  In a Chapter 13 bankruptcy, you will make monthly payments to the bankruptcy trustee. The bankruptcy trustee is an official appointed by the United States Trustee Program, a component of the Department of Justice, to administer bankruptcy cases in their region. Part of the trustee’s job is to collect your monthly payment and disburse the funds to your creditors throughout your bankruptcy case. You must make all your payments&n ..read more