The U.S. Supreme Court in Ransom vs. Fla Card Services ruled last month that a person that owns a vehicle free and clear when filing a Chapter 13 bankruptcy may not take a vehicle ownership deduction when calculating disposable income under the means test. The means test in a Chapter 13 bankruptcy is used to calculate whether a debtor has enough disposable income to make payments to unsecured creditors like credit card companies. The Supreme Court found that while Ransom could claim an operation expense for his vehicle he could not also claim an ownership expense because the vehicle was owned outright meaning there was no monthly payment. Continue reading
If you are considering filing a Chapter 7 or Chapter 13 bankruptcy, you may wonder how such a decision will impact your retirement plan. A person’s retirement plan may constitute one’s most valuable asset and be critical to a family’s long-term financial health or a couple’s plans for their golden years. Continue reading
A Chapter 7 bankruptcy filing in Kansas City is often referred to as a “liquidation” bankruptcy since the bankruptcy trustee may be able to seize certain assets in order to pay down some of your debts. However, there are certain types of property that is exempt from seizure in Kansas. A few examples of property that may be exempt from seize include: equity in your home, $1,000 or less of equity in your automobile, and $1,000 or less in other personal property. Bankruptcy laws change and both Kansas and Missouri have different homestead exemptions which may increase the amount of personal property you may claim for exemption. Continue reading
You feel the shudder travel through your body and the tension hit as the phone rings. There is no need to check Caller-ID because you know it is a creditor. They call incessantly all day and into the evening. You have stopped checking the mailbox because it is simply filled with one reminder after another of your financial desperation. When you pull up to your home, you look carefully up and down the street for process servers lying in wait to serve you with a lawsuit filed by a creditor. You have long since stopped leaving money in your bank account knowing that it might be levied at any time. It may feel like there is no way out of this insanity, but relief is much closer than your realize. Continue reading
Hi, I am Kansas bankruptcy attorney Weston Moore. My law firm assists people who face a tough decision about whether or not filing for bankruptcy is the right option for their debt relief needs.
Our Olathe bankruptcy law firm provides this blog to help people in financial distress to make better economic choices in the greater Kansas City, Kansas area. When facing serious financial difficulties, it is important that you understand your legal rights when determining if a Chapter 7 or a Chapter 13 filing through the assistance of a lawyer is best for your case.
We hope that the information posted on our Kansas bankruptcy blog will help you understand the various debt relief options available to you so that you can find the right solution for your debt problems.
If you have questions or would like to schedule a free consultation, contact Attorney Weston R. Moore personally about your matter by calling our office at (913) 782-7075. You can also visit our Kansas bankruptcy law website or contact us for more details about legal representation.