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, Bankruptcy, and Creditors  If you have a judgment and the only income you receive comes from Social Security Disability (SSDI), your income

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

Do I have to List all of My Debts in Bankruptcy?  YES.  You cannot pick and choose which creditors are listed in the case.  All of your

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

Married people do not have to file a case together.  There are times when only one of the spouses might need or want to file

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

What happens if I get a divorce during my Chapter 13 bankruptcy?  A Chapter 13 bankruptcy repayment plan lasts between 3 and 5 years. During

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

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

There are times when a personal injury claim is pending and the injured party files for bankruptcy during this time. A personal injury claim may or

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

Exceptions to the Automatic Stay During a Bankruptcy Case   When a debtor files a bankruptcy case, the automatic stay comes into place. The automatic stay is a

The first question anyone asks in a consumer bankruptcy is what type of case is best for me.  This decision would seem to be basic,

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

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

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 

Employment of Professionals for Personal Injury, Medical Malpractice, and Employment Claims While Filing 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 in Bankruptcy?  Adequate protection is the right of a secured creditor to receive protection against the decreased value of their interest in 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