What is bankruptcy?

Bankruptcy is a legal process which helps individuals and businesses restructure their finances. When a person or business files for bankruptcy, they are asking the court to help them manage their debt and discharge some or all of it. A court-appointed trustee assesses the financial situation of the individual or business, and then decides whether or not the debt can be discharged. In Kansas, bankruptcy is usually filed under either Chapter 7 or Chapter 13. Chapter 7 bankruptcy is the most common type of bankruptcy in the state. Through Chapter 7, debtors can often eliminate all of their unsecured debt, such as credit cards and medical bills. Chapter 13 bankruptcy allows a debtor to restructure their debt and create a payment plan with their creditors that must be approved by the court. When a debtor files for bankruptcy, all creditors are notified and must stop trying to collect payments. Additionally, the debtor can receive protection from creditors through an automatic stay, which stops creditors from trying to contact or collect payments from the debtor. Bankruptcy is a powerful tool for those struggling with debt. However, it can have long-term consequences, so it is important for debtors to consult with an attorney to evaluate their individual situation before filing.

Related FAQs

Are there any types of debt that will survive a bankruptcy discharge?
What are the restrictions for filing for bankruptcy?
What will happen to my co-signers if I file for bankruptcy?
Are there any special provisions for filing for bankruptcy as a single parent?
How often can I receive a bankruptcy discharge?
How do I know if I qualify for a Chapter 13 bankruptcy?
How will filing for bankruptcy affect my spouse?
What documents will I need to file for bankruptcy?
What is the difference between a discharge and a dismissal?
What are some of the potential pitfalls to filing for bankruptcy?

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