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Wichita Chapter 7 Attorney

Considering Bankruptcy? Chapter 7 Might be an Option.

If creditors are engaging in foreclosure on your house, wage garnishment or seizure of your bank accounts, it is time to consider bankruptcy. Once a bankruptcy petition is filed, all creditor action against you must stop. Under Chapter 7, your non-exempt debts may be discharged. This is a complex action however and so you should have a bankruptcy attorney's help to avoid costly mistakes. Therefore, if you are in Kansas needing debtor relief, you are urged to contact a Chapter 7 attorney.

Contact us online or call (800) 836-3617 for a free review with a Wichita Chapter 7 Lawyer.

Is Chapter 7 Bankruptcy Right for You?

Chapter 7 is suited for you if you are burdened by debt you cannot reasonably pay. To make sure you fit into this category, the bankruptcy law has "means test" which your bankruptcy lawyer can help you with. The next consideration is whether your debts can be discharged in bankruptcy. Credit card debt and most unsecured debts may easily be discharged. But student loans, child support, and maintenance may not be. If the bulk of your debt can be discharged, Chapter 7 will be helpful; otherwise, another chapter might be better.

If you have a car that you are making payments on, you may still keep the car by continuing the payments. The same is true of a house that is being foreclosed on. If you can make the house payments, you may keep the house. Perhaps by dispensing with other obligations, Chapter 7 will enable you to make the house payments that previously were too much.

The Chapter 7 Bankruptcy Process

Chapter 7, often referred to as “straight bankruptcy” is the most common type of bankruptcy filed by individual debtors in the U.S. Though it involves the liquidation of property to pay off creditors, much of a debtor’s property and assets may be protected by state or federal bankruptcy exemptions. Most debtors lose little to no property when they file Chapter 7.

The process for this type of bankruptcy may proceed as follows (though it may vary depending on your case):

  • The debtor files a Chapter 7 bankruptcy petition. This places an “automatic stay” or temporary halt on all collection activity, including contact by creditors, collection lawsuits, wage garnishment, repossession, and even foreclosure. Within 15 days of filing your petition, you will also need to file all pertinent financial information regarding your debt, assets, and property with the court.
  • After your petition has been filed, you will receive a notice from the court regarding the date of your hearing.
  • Approximately 30 to 45 days after you filed your petition, you will need to attend a bankruptcy court hearing. This hearing is held so the bankruptcy trustee handling your case can ask you specific questions under oath regarding your debt, assets, etc. Your attorney can prepare you for this hearing. During your hearing, you have the option to reaffirm the debt, which is to say you can agree to a repayment schedule with a specific creditor. This is an option some debtors choose so they can keep certain property, such as a car.
  • The bankruptcy discharge in a Chapter 7 case will typically occur approximately two months after the date of your hearing. Once your debt is discharged, you will have no further obligation to pay it.

You Don't have to Leave Home to File for Bankruptcy

At the Kansas Bankruptcy Center, we are one of the few law firms in Kansas able to file your bankruptcy without you visiting our office. The only trip you will need to make is to the Meeting of Creditors one month after the filing. We have filed hundreds of petitions for people all over the state. Our Chapter 7 lawyer in Wichita understands that this is a stressful time for you, so we invite you to contact us. We will answer your questions and do all we can to help you through the process.

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Call (800) 836-3617 to request a free case evaluation with a Wichita Chapter 7 attorney for help with your financial matter.