Updated: April 17, 2019
Filing for bankruptcy in Kansas isn’t difficult, but it does involve several steps. For instance, if you file for Chapter 7 or Chapter 13 bankruptcy, you’ll need to:
If you file for Chapter 13, you’ll also complete a debt repayment plan.
Because bankruptcy falls under federal law, the filing process in Kansas is similar to other states, but you’ll still need some Kansas-specific information. Find out where to find the Kansas bankruptcy exemption laws used to protect property from creditors, figures used when qualifying under the means test, approved credit and debt counselors in Kansas, and more.
For more information, see How to File for Bankruptcy for Free in Kansas.
Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in Kansas
In order to qualify for Chapter 7 or Chapter 13 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. Trustee in Kansas within the six months before you file for bankruptcy. You’ll also have to take a debtor education course before you get a bankruptcy discharge. (To learn more about this requirement, including the rare exceptions, see Credit Counseling & Debtor Education Requirements in Bankruptcy.)
You can find the list of approved Kansas credit counseling agencies and debtor education agencies on the U.S. Trustee’s website (select “Means Testing Information”).
Kansas Bankruptcy Exemptions
Kansas has a set of bankruptcy exemptions which help determine what property you get to keep in Chapter 7 bankruptcy. By contrast, you don’t lose property in Chapter 13 bankruptcy. Instead, you’ll pay the value of any nonexempt property to your creditors in your repayment plan.
Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions –but Kansas isn’t one of them. In Kansas, you must use the state exemptions.
Here are a few helpful articles about Kansas bankruptcy exemptions:
Completing the Bankruptcy Forms in Kansas
When you file for Chapter 7 or Chapter 13 bankruptcy, the forms you must complete include:
For more information about each official bankruptcy form, including how to find them and fill them out, see Completing the Bankruptcy Forms.
Getting Local Bankruptcy Forms
Some judicial districts and bankruptcy courts require bankruptcy filers to complete additional “local forms.” To find out if your court requires local forms, contact the bankruptcy filing clerk. Some courts post these forms online on the Kansas Bankruptcy Court website.
Finding Means Test Information for Kansas
When you file for bankruptcy in Kansas, you must compare your income to the median income for a household of your size in Kansas. If your income is less than the median, you will be eligible to file for Chapter 7, or a three-year plan in Chapter 13.
If your income is above Kansas’s median income, you still might qualify for Chapter 7 if, after subtracting allowed expenses, your disposable income is so low that you wouldn’t be able to reimburse your creditors a meaningful amount.
If you fail the means test, you’ll be limited to filing for Chapter 13. But that doesn’t mean you’ll qualify for Chapter 13. You must have sufficient income to make all required payments. For instance, filers must repay all support arrearages over five years. If you don’t make enough to pay the monthly payment amount, you won’t qualify.
You can find the Kansas-specific figures for these means test forms on the U.S. Trustee’s website (select “Means Testing Information”).
Filing in the Kansas Bankruptcy Courts
Kansas has one judicial district in Kansas. The bankruptcy courts are in Wichita, Topeka, and Kansas City. You can use the Court Locator tool to find bankruptcy court locations and the Kansas Bankruptcy Court website.
Everyone who files for bankruptcy will need to do a few things, including:
For more articles on the filing process, see Filing for Bankruptcy.