Should I Reaffirm a Debt When Filing Bankruptcy in Johnson County Kansas

The goal of bankruptcy is normally to have as much disposable debt eliminated as legally permissible. Despite this overall objective, it is occasionally desirable to reaffirm a debt so that a debtor can keep an asset secured by the debt. A financed vehicle, which may be the only form of family transportation, is a common example of an asset that a family may wish to keep despite the attending financial obligation. Often the creditor will agree to allow the debtor to maintain possession and use of the asset if the debtor executes a reaffirmation agreement and makes the payments agreed to in the reaffirmation agreement. While may debtors are initially hesitant to surrender certain assets, the decision to execute a reaffirmation agreement can have significant long-term consequences so anyone considering bankruptcy should seek legal advice from an experienced Olathe bankruptcy attorney before deciding to reaffirm any particular debt. Continue reading

Will the Means Test Prevent Me From Filing a Chapter 7 Bankruptcy in Kansas or Missouri

Bankruptcy was intended as a way for people facing crushing debt to start over with a clean slate. Prior to bankruptcy reform, which created a means test, virtually anyone could file a Chapter 7 bankruptcy in Kansas and obtain a “fresh start” by having most of their unsecured debt extinguished. The credit and banking industry has an influential political lobby and was able to obtain bankruptcy reforms that added a means test as an eligibility requirement for a Chapter 7 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Many debtors believe that this bankruptcy reform means that anyone who is not unemployed or without significant assets will no longer qualify for a Chapter 7 bankruptcy. However, many people who are both employed and have significant assets may still be eligible for Chapter 7 bankruptcy relief. Even if someone does not qualify for a Chapter 7 bankruptcy discharge, there are other options such as a Chapter 13 bankruptcy that allows you to repay your debts (or some portion) over a period of years. An experienced Bankruptcy attorney can provide you with guidance regarding your available options and potential financial planning strategies. Continue reading

Avoiding Foreclosure: Short Sale or Deed in Lieu of Foreclosure in Kansas and Missouri

Our objective in helping clients who are buried in debt and behind on their mortgage payment is helping them preserve their family home. We have helped many people file Chapter 13 bankruptcies in Kansas and Missouri to protect their family home. Depending on the specifics of your situation there may be a number of strategies for protecting your most important asset, but sometimes a Chapter 13 bankruptcy, loan modification or other strategy will either not work or does not make economic sense. Even if it is not feasible to keep your home or does not make economic sense to do so because you are too far upside down, foreclosure can still have a number of undesirable consequences. A foreclosure may result in significant long-term damage to your credit and can even expose you to a deficiency judgment (for the difference between the value of your house and what you owe). A short sale or deed in lieu of foreclosure can be a way to avoid the negative consequences of a foreclosure. Continue reading

Kansas Bankruptcy Attorney Discusses Avoiding Bankruptcy Fraud and Preserving Assets in Kansas and Missouri

When a family faces staggering debt, it is often accompanied by collection agencies making threatening phone calls, process servers at the door trying to serve lawsuits, and wage garnishments which may make it impossible to meet basic household expenses.  A Kansas Chapter 7 or Chapter 13 bankruptcy can sometimes provide a life raft to rescue you from a sea of debt.  A Chapter 7 or Chapter 13 bankruptcy may preserve your family residence, protect your bank accounts and pay check and help you get back on the road to financial recovery.  A qualified Kansas bankruptcy attorney can assist you in complying with bankruptcy rules, procedures and disclosure requirements so that you avoid allegations of bankruptcy fraud and the risk of having your Chapter 7 or Chapter 13 bankruptcy dismissed.  Many people who make the mistake of handling their own bankruptcy make critical miscalculations that may constitute bankruptcy fraud, which may have very serious and negative results. Continue reading

Bankruptcy Options To Prevent Home Foreclosure in Kansas City

In today’s economic environment, one of the top reasons why people in Kansas City are filing bankruptcy is in order to stop a home foreclosure.  Weston R. Moore is dedicated to protecting your interests and helping you by offering a free initial consultation in order to fully explain how you may be able to stop home foreclosure by filing an emergency bankruptcy petition in Kansas City. Continue reading

Kansas City Divorce Attorney Discusses Child Support Modification or Termination of Child Support

Child support can be either increased or decreased within three years of the date of the original order or modification if there has been a material change in circumstances.  If a modification is sought more than three years after the date of the original order, then a material change in circumstances need not be proven. Modifications by the court may be made one month after the motion for modification has been filed with the court. Continue reading

Welcome to the Weston Moore, Kansas Bankruptcy & Family Law Blog

This Kansas law blog is designed to provide useful information about Kansas laws that affect our clients. Our law firm represents people throughout Johnson County, Kansas in the legal fields of family law and bankruptcy. This blog will report on recent changes in Kansas law or federal bankruptcy law changes, interesting court decisions, and legal issues in the news.  We will provide these events and how those issues may affect our clients. Continue reading

Overview of Child Support in Kansas Part I – Legal Issues in Determining Child Support

Whether you are involved in a divorce or paternity action, the court will make child support orders based on the Kansas Child Support Guidelines.  The child support guidelines in Kansas are rules that govern how judges determine child support.  The factors that typically affect a guideline child support calculation in Kansas include the following: Continue reading

Why A Prenuptial Agreement Is a Valuable Tool

When couples plan to marry they typically are optimistic, idealistic and romantic about the future.  They are firmly convinced that they will be together “until death do us part” and are loath to consider what should happen if things do not work out as planned.  While it is perfectly appropriate to enter marriage with such optimistic and hopeful aspirations, the reality is that estimates place the divorce rate for first marriages as high as 50%.  The rate has been estimated to be as high as 74% for third marriages.  The bottom line is that statistically one in every two marriages will end in divorce.  Anyone contemplating marriage need no more than review these statistics to realize that it makes virtually no sense to avoid planning how property and debt division and spousal support issues should be handled if a marriage breaks down. Continue reading

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