Have questions about filing bankruptcy?  Here we have general answers to some of the most frequently asked questions.  This is not intended as legal advice.  Every situation is unique and we would be happy to meet with you to discuss your financial options.   Initial appointments are always free.  Call our office at 785-856-8720 or fill out the form to the right!  

Can I get my car back after repossession if I file bankruptcy?

Even if a car has been repossessed a Chapter 13 bankruptcy will force the lender to return the car if it is done quickly and appropriately.  Repossession can happen when you fall behind on your car payments.  It does not matter if it is the original loan used to purchase the car or a refinancing loan, or a title loan.  As a borrower, you probably signed a credit contract or purchase agreement where you agreed in advance to terms and conditions under which the vehicle could be repossessed.  Read More

Can Bankruptcy stop a garnishment?

A bankruptcy can stop a garnishment in most cases. If you have a garnishment for medical bills, credit cards, personal loans, payday loans and other similar debts we can stop them even if they are active.  A bankruptcy will not stop an active garnishment for child support or alimony. Most creditors need a judgement to garnish you. Normally this process takes several months and the creditor or their attorney has notified you by mail. Once the judgement is obtained in the court system the creditor will begin to try and determine where you work or where you have your bank accounts or in some cases if anyone owes you any money.  Read More

Will I ever completely recover after  bankruptcy?

Becoming debt free is in and of itself a kind of financial recovery. If the majority of the debts – credit cards, medical bills, past due utilities, deficiencies on repossessions, personal loans, and payday loans – are dischargeable in bankruptcy then you would see an immediate improvement in your budget and cash flow.  People often focus on the harm to their credit score as the reason to not file a bankruptcy. In a sense they are worried about their ability to get credit again after bankruptcy.  Read More

Is Debt Settlement better than a bankruptcy?

Settle your debt for pennies on the dollar without filing bankruptcy – this is a typical catchphrase debt settlement companies use. Sounds great but beware of the process and the uncertainties that it brings. Here is a quick comparison of debt settlement and bankruptcy. Remember that your financial situation is unique and that you would be in much better position to make the best decision for you and your family if you explore ALL options with experienced attorneys.  Read More

Is Bankruptcy even more stressful than dealing with creditors when you can’t pay them?  

Lack of sleep, not being able to open mail, not answering your phone or screening your calls, facing lawsuits, garnishments, repossessions, foreclosure, worrying over bills, not being able to save, feeling exhausted, out of control, and arguing with your spouse are some of the things people go through when dealing with unmanageable debt.  First off, you are not alone if you ever felt stressed about your financial life.  Chances are your family members, friends and neighbors are worrying about paying bills right now.  Read More

Is Bankruptcy fundamentally unfair to your creditors and to your fellow citizens? 

The Bankruptcy system in the United States is an essential part of the economy.  It is part of the system that regulates consumer transactions and handles the orderly default on loans and credit transactions.  In every consumer transaction the bank has built in the risk of default.  If a business knows they will only be paid on 98% of their jobs then they will charge a little more on every job they do to compensate for defaults.  If a bank loans money, the interest rate includes the time value of the money loaned, the cost of administering the loan, the rate at which similar loans default, and a profit margin. The cost of the default is built into the system as part of the interest rate.  Read More