How to File Bankruptcy in the State of Kansas
- 1). Research which type of bankruptcy you can qualify for. To file Chapter 7, your average income must be below the Kansas median for the six months before you file, or you can pass a "means test" after subtracting your expenses from your income. The Nolo legal website has an online means-test calculator you can use. For Chapter 13, the U.S. Courts website states, there's a limit to how much debt you can have, and you must have enough money to complete a payment plan: a three-year plan if you make less than the Kansas median; five years if you make more.
- 2). Determine how much of what you own is exempt from being sold in Chapter 7. Each state has rules preventing the bankruptcy court from selling certain kinds and amounts of property; in Kansas, the Bankruptcy Information website states, your exemptions include the value of your home, no matter how expensive it is, and food and clothing for one year. If you think you're at risk for losing something you value, consider filing Chapter 13 instead.
- 3). Complete a credit counseling course in the six months before you file. The only exception to this requirement, the U.S. Courts state, is if the bankruptcy court decides there aren't enough counselors available. The U.S. Department of Justice has a list of accredited counselors on its website.
- 4). Download forms from the U.S. Courts website along with the instruction booklet. File with the Kansas bankruptcy court in Kansas City, Wichita or Topeka, depending on which one covers your district. When you file, you'll need to provide complete information about your income, possessions, assets, debts and creditors, and pay the filing fee. If you're filing Chapter 7 and make less than 150 percent of the federal poverty level, the court may agree to waive the fee.
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