Frequently Asked Questions

Chapter 7 filing fee is $338 and Chapter 13 is $313. Attorney fees typically range from $1,000-$2,000 for Chapter 7 and $2,500-$4,000 for Chapter 13. Credit counseling costs about $25-50 total. Chapter 13 fees can be paid through your repayment plan. Fee waivers are available for low-income Chapter 7 filers. Full cost breakdown.

The means test determines whether you qualify for Chapter 7. It compares your household income to the Missouri or Kansas median. If below, you qualify automatically. If above, a detailed expense calculation determines whether you have enough disposable income to fund a Chapter 13 plan.

Yes, but there are time limits. After a Chapter 7 discharge, you must wait 8 years for another Chapter 7 or 4 years for Chapter 13. After a Chapter 13 discharge, wait 6 years for Chapter 7 or 2 years for another Chapter 13. Use the 1328(f) screener to check. Learn more about filing again.

You file where you have lived for the greater part of the last 180 days. Missouri-side residents file in the Western District of Missouri (400 E. 9th St). Kansas-side residents file in the District of Kansas (500 State Ave). Full comparison.

In Missouri, your homestead exemption protects up to $15,000 of home equity. In Kansas, the homestead exemption is unlimited. In Chapter 13, you can keep your home and catch up on missed mortgage payments through your plan. Most homeowners keep their homes. See all exemptions.

Missouri protects $3,000 in vehicle equity. Kansas protects $20,000. If your car equity is within the limit, you keep it in Chapter 7. In Chapter 13, you can keep your car and catch up on payments. The wildcard exemption can add extra protection. Exemption details.

You keep your bank account. However, the balance on the filing date is an asset that must be disclosed and may need to be protected by an exemption. If you owe money to the bank where you have your account, the bank may freeze your funds. Consider switching to a bank you do not owe before filing.

In Chapter 7, your tax refund may be considered an asset. If it exceeds your available exemptions, the trustee may claim part or all of it. In Chapter 13, your refund may need to be turned over to the trustee. Timing your filing relative to tax season matters -- discuss this with your attorney.

Chapter 7 takes 3-4 months from filing to discharge. Chapter 13 requires completing a 3-5 year repayment plan. The 341 meeting of creditors happens about 30 days after filing. Full timeline.

A brief hearing about 30 days after filing where the trustee asks questions under oath about your finances. Bring photo ID and Social Security proof. Most meetings last 5-10 minutes. Creditors may attend but rarely do. Full 341 meeting guide.

The automatic stay takes effect immediately when you file. It stops lawsuits, garnishments, foreclosures, repossessions, and collection calls. It is one of the most powerful immediate benefits of filing.

Yes. The automatic stay stops wage garnishments immediately upon filing. Your employer will be notified. However, garnishments for child support and certain tax debts may continue. Learn more about garnishment.

Yes. Medical bills are unsecured debts that are fully dischargeable in both Chapter 7 and Chapter 13. Medical debt is one of the most common reasons people file bankruptcy. Chapter 7 can eliminate them in 3-4 months.

Generally no. Student loans are not dischargeable except in cases of undue hardship, which requires a separate adversary proceeding and a difficult legal standard. Recent legal developments have made it somewhat easier in some courts, but it remains challenging. Learn more.

No. The automatic stay prohibits all collection activity, including phone calls, letters, and emails. Creditors who violate the stay can be held in contempt and ordered to pay damages. If a creditor contacts you after filing, report it to your attorney immediately.

Yes. Chapter 7 stays on your credit report for 10 years; Chapter 13 for 7 years. However, if you already have delinquencies, the impact may be less than expected. Many filers see scores start recovering within 1-2 years as debt-to-income ratios improve. Rebuilding after bankruptcy.

Chapter 7 is faster (3-4 months) and eliminates most unsecured debt, but requires passing a means test. Chapter 13 lets you keep all property and catch up on secured debts, but requires 3-5 years of payments. Your income, assets, and goals determine the best choice. Compare them side by side.

Yes. You can file individually or jointly with your spouse. If you file individually, your spouse's separate property and credit are generally not affected, but joint debts may still be collected from your spouse. In Missouri, married couples filing jointly get doubled exemptions.