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The Bankruptcy Abuse Prevention & Consumer Protection Act of 2005

bankruptcy in kansas

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which took effect on October 17, 2005, was designed to reduce fraud and aid individuals seeking debt relief. The most important change that affects the filing of a bankruptcy is that all debtors must now have credit counseling before filing for bankruptcy and more budget management tasks and post-debt counseling before debts can be discharged. If you are filing a bankruptcy in Kansas, please consider contacting the Law Office of Paul D. Post in Topeka, Kansas.

Contact our office now for a Free Bankruptcy Information Consultation or call us at 785-273-1353 in Topeka or 800-347-1353.

Under the new law, individuals with high incomes will no longer be allowed to file under Chapter 7 bankruptcy law. Instead, higher income individuals must file a Chapter 13 bankruptcy that allows for some of the debt to be repaid. If you presently have a high income and are considering filing a bankruptcy in Kansas, it’s important to contact an experienced bankruptcy attorney to understand your options and how the new bankruptcy law applies to Kansans.

IMPORTANT BANKRUPTCY INFORMATION If you are considering filing a Chapter 7 bankruptcy, your property is more vulnerable to being seized by creditors under the new bankruptcy law. All property, in Kansas, is now valued at the amount it would cost to replace it rather than what it could be sold for at an emergency fire sale. Some Kansas property may be exempt from seizure, but those seeking protection under Chapter 7 bankruptcy law must now have lived in a state for two years to be eligible for exemption. To use your new state's homestead exemption (which determines how much equity you can keep in your home), you must have lived in the state for 40 months. Exemptions often vary significantly from state to state, so it’s important to examine the options available in your state and seek an experienced bankruptcy attorney, before filing a bankruptcy in Kansas, to explain your options.

Know the facts about bankruptcy in Kansas. Find out if Chapter 7 bankruptcy, Chapter 11 bankruptcy, or Chapter 13 bankruptcy is the right choice for your situation. This bankruptcy information will help you understand the options available to you. Call 785-273-1353 or 800-347-1353 to speak to an experienced bankruptcy attorney at the Law Office of Paul Post in Topeka, Kansas.


KS Senate Committee looks at Exempting the Earned Income Credit

As part of the bankruptcy process, debtors are required to list all of their assets, which includes income tax refunds which they expect to receive. The refunds may also include the earned income credit.

Senate Bill 363. Paul Post testifies before Kansas Senate Judiciary Committee…

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