Legal Question in Bankruptcy in Kansas

Can you use the online companies that claim they will complete your paperwork for you and all you have to do is file the paperwork? I live in Kansas. Can they take assets that are paid for and any retirement?

Asked on 2/16/11, 5:11 am

1 Answer from Attorneys

Adam Mack Mack & Associates LLC
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There are many online companies that will say they will fill out your paperwork for you for a bankruptcy, but what they do not tell you is that you can do that yourself. All of the paperwork is available online at http://www.ksb.uscourts.gov. The reality though is that filing out the paperwork is only one aspect of filing bankruptcy.

A crucial part is understanding how it effects your property and how to protect your assets to the fullest extent possible. Bankruptcy law has become increasingly complicated over the years and requires a skilled attorney to guide you through the maze of legal issues surrounding bankruptcy.

If you do need to file bankruptcy then your financial situation is likely a very difficult one. It is understandable that you would want to save as much money as possible when going through this phase. But the reality is that saving a few hundred dollars now can result in thousands lost later if you do not properly protect your assets in a bankruptcy. Generally speaking I would not recommend a do-it-yourself bankruptcy. The risk is simply too great.

As far as your second question, depending on what your assets are the bankruptcy trustee may be able to take them even if they are paid for. For example, if you have two cars in your name and you are filing bankruptcy by yourself you will lose one of those cars to the trustee. As far as the retirement goes, that depends. Retirement accounts are generally protected but it depends on what you mean by "retirement" (i.e. 401k, IRA, general savings account, etc.). It is a very specific question, but without more information I could not give you a more specific answer. That said, if you have questions about bankruptcy I would be happy to give you a free consultation.

Best of Luck,

Adam Mack

NOTE: The above response is provided for legal information purposes only and should not be considered legal advice; it does not create an attorney-client relationship. If you would like to request follow-up visit for confidential advice on your specific situation, we can offer further consultation in person, by telephone, or by email. Please visit our website at www.kansasjustice.com/bankruptcy and click on contact us to request more information or call us at (785) 274-9040.

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Answered on 2/16/11, 8:09 pm

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