Topeka Capital

Bankruptcy FAQ

How do I get started?

Please call 785-267-3410 or email to set an appointment for a free consultation. At the free consultation, the attorney will answer your questions, advise you on the type of bankruptcy fit for your situation, and create a plan of action.

I don’t live in Topeka. Will you still represent me?

Yes, absolutely. Our experienced attorneys represent clients throughout the state of Kansas. Bankruptcy courts are located in Topeka, Wichita, and Kansas City. Most attorneys dedicated to the practice of bankruptcy are located in or near one of these three cities. If possible, we prefer to meet with our clients in person, but we understand time, distance, and money may make that difficult. For our out of town clients, we are accessible by phone, mail, email, and video conference. We also offer weekend and evening appointments.

What information is needed to file bankruptcy?

A bankruptcy case starts with the filing of a Petition and Schedules. These documents disclose information about property you own, debts you owe, your income and household expenses, and various financial transactions that took place in the years prior to bankruptcy. In order prepare these pleadings, we will need pay stubs, tax returns, bills, collection letters, and other documents. We will provide a list of items needed at our free consultation.

Will I lose my property?

Most of the property you own is likely exempt, which means it is protected by Kansas law. The bankruptcy trustee cannot take exempt property from you. Exempt property for Kansas residents includes a homestead (residence), vehicle (up to $20,000 in value), household goods and furnishings, clothing, qualified retirement accounts, life insurance policies, and more. It is possible that you could lose property that is not exempt, such as a boat, extra vehicle, or other luxury items. Your attorney will advise you of any risk of loss prior to filing so you know what to expect.

Will bankruptcy stop my home foreclosure?

Yes. If your bankruptcy case is filed before the sheriff’s sale, the bankruptcy will stop the sale and put the foreclosure proceeding on hold. If you want to keep the home, the missed mortgage payments can be cured through a Chapter 13 case. At the end of the Chapter 13, you will be current on the mortgage payments and resume regular payments to the creditor.

Will bankruptcy stop repossession of my car?

Yes. As soon as the bankruptcy case is filed, the automatic stay goes into effect. This rule prevents creditors from taking any action to collect on a debt, including repossession of the property securing the loan, i.e. your vehicle.

Will bankruptcy stop my garnishment

Yes. As soon as the bankruptcy case is filed, the automatic stay goes into effect. This rule prevents creditors from taking any action to collect on a debt, including garnishment of wages.

How much does it cost to file for bankruptcy?

Attorney fees for bankruptcy cases are based on the type of case filed and the complexity of the case. Our firm offers a set fee schedule competitive with other local bankruptcy attorneys. You will be quoted a fee at your free consultation. In a Chapter 7, attorney fees need to be paid in full prior to the filing of a case. In a Chapter 13, attorney fees can be paid as part of the monthly Plan payments. In addition to attorney fees, you will be required to pay credit counseling course fees and a filing fee to the Kansas Bankruptcy Court.

Will bankruptcy ruin my credit?

If you are considering filing bankruptcy, there’s a good chance you already have poor credit. A bankruptcy filing may show on your credit report for up to 10 years; however, you may still qualify for a loan. Lenders often look to the amount of debt owed and the ability to pay. There is a chance you may be considered less of a risk to lenders after a bankruptcy discharge.