Do You Need A Chapter 7 Bankruptcy Attorney?
A Chapter 7 bankruptcy attorney may be your best option when you’re looking for a way out from under a mountain of debt. When you have done everything you can think of to get a handle on your finances and it isn’t working, you should call a Chapter 7 bankruptcy attorney for help.
Filing bankruptcy can be emotionally stressful. We get it – it is a serious decision. You need to first understand what filing bankruptcy means. Coons & Crump, LLC, is a bankruptcy law firm with offices in Topeka, Overland Park, and Lawrence. Our Chapter 7 bankruptcy attorney can explain the entire bankruptcy process.
In our experience, the two forms of bankruptcy most often chosen among consumers are Chapter 7 and Chapter 13. Both forms are court proceedings in which you seek relief from debt. There are many advantages to filing bankruptcy – you can stop foreclosure proceedings on your home, repossession of your property or garnishment of your wages. Bankruptcy cancels many, if not all, of your debts. However, there are exceptions. In most cases, bankruptcy does not clear student loans unless you can show that paying them would be an undue burden. Some government debts such as traffic fines or penalties will also survive a bankruptcy. Child support and alimony will also survive a bankruptcy. Every case is different and our bankruptcy attorneys can go over your facts to let you know what will survive your bankruptcy case and what will be discharged.
Which Should You File, Chapter 7 or Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is sometimes referred to as a “Wage Earners” bankruptcy in which the court approves a plan for you to repay some or all of your debts. You agree to a monthly payment plan and must follow a budget approved by the court. You make payments over a three to five year period to the court trustee, not directly to your creditors. You will retain your property (home, vehicles, etc) and are given time to bring your home mortgage up to date. This kind of bankruptcy stays on your credit report for seven years.
Also known as a “Fresh Start” bankruptcy, Chapter 7 bankruptcy means the court sells your non-exempt assets (typically luxury items or non-necessary items) and the income is used to repay as much of your debt as possible. The remaining unpaid debt is discharged – meaning you do not have to pay it back. In a Chapter 7 bankruptcy in Kansas, your equity in your home is protected by law from the bankruptcy trustee. So are your household goods and furnishings and up to $20,000 of equity in your vehicle. You have to qualify for a Chapter 7 bankruptcy and your income and expenses determine if the court will approve your case. The basic test is whether you can make a meaningful repayment to your creditors – if you can then Chapter 7 might not be the right choice for you.
Once you have filed bankruptcy, the court will issue an Automatic Stay stopping all collection activity from your creditors. They may not write or call you nor bring a lawsuit against you. Each bankruptcy case is unique, and only the court can decide the details of your bankruptcy. If you want to erase credit card debt, medical bills, lawsuits, garnishments, taxes, foreclosures, repossessions, payday loans, and title loans, Chapter 7 bankruptcy can accomplish that.
At Coons & Crump, we understand that you are going through hardships right now and we are committed to helping you. Our Chapter 7 bankruptcy attorney will meet with you during a free initial consultation to talk about debt relief in bankruptcy. Our attorneys have over 24 years of legal experience in bankruptcy law. Our staff provides compassionate and confidential representation.
Our Topeka office is located downtown in the Topeka Tower Building. Same-day, telephone, evening and Saturday appointments are available to work around your schedule. You can reach our office at 785-783-2360 or fill out our online form.
In Overland Park, you can meet with our Chapter 7 Bankruptcy Attorney by calling 913-353-4044. To speak with a Chapter 7 bankruptcy attorney in Lawrence, please call 785-856-8720.
Chapter 7 bankruptcy is the fastest and most common form of consumer bankruptcy. Don’t wait another day! Avoid creditor harassment by calling a Chapter 7 bankruptcy attorney at Coons & Crump, LLC.