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Bankruptcy

Link to Client Questionnaire

Link to Meeting of Creditors

Link to Bankruptcy Checklist

Link to Bankruptcy FAQs (Frequently Asked Questions)



At the law office of Robert E. McRorey, we are dedicated helping people faced with the difficult decision of filing for Chapter 7 or 13 bankruptcy. We represent clients in chapter 7 and 13 cases and our Olathe, Kansas law office has provided Chapter 7 and 13 bankruptcy relief to numerous clients throughout the Kansas City metropolitan area.

When you need a Kansas/Missouri Chapter 7 or 13 bankruptcy attorney that is dedicated to meeting your financial needs, please contact the law office of Robert E. McRorey. Our office is located in Olathe, Kansas, just 3 blocks South of the Johnson County, Kansas Courthouse, at the northeast corner of Cherry Street and Cedar Street.  While we serve clients throughout the Kansas City Metropolitan area, and most of our clients reside in Olathe, Overland Park, Shawnee, Lenexa, Mission, Kansas City and throughout the neighboring counties, please feel free to contact our office for representation throughout Kansas and Missouri.

Office: 108 E. Cedar, Olathe, KS 66061
Mailing Address: P.O. Box 61, Olathe, KS 66051
Phone: (913) 780-4200
Fax: (913) 339-9013
E-mail:
info@robertemcrorey.com

Chapter 7 - An Overview
Both individuals and small businesses can find themselves with more debts than they can pay when due. In such cases, filing bankruptcy may provide a solution to what seems like an insurmountable problem. Bankruptcy law provides two basic forms of relief: (1) liquidation; and (2) rehabilitation, also known as reorganization. Most bankruptcies filed in the United States involve liquidation, which is governed by Chapter 7 of the Bankruptcy Code. A skillful attorney can advise individuals and businesses alike on whether Chapter 7 may be the right choice for them. The bankruptcy lawyer's goals are to help debtors make a fresh start and ensure that creditors get paid.

Because bankruptcy law is primarily federal in origin, it varies little from state to state. The individual states do, however, retain jurisdiction over certain debtor-creditor issues that are not addressed by and do not conflict with federal bankruptcy law, such as which property remains exempt from creditors' claims.

Debts That Remain After a Chapter 7 Discharge
The rules on which debts are discharged, or eliminated, are different depending on which type of bankruptcy is filed. A lawyer experienced in bankruptcy law can advise his or her clients on whether and how particular debts will be affected by a bankruptcy discharge. Generally speaking, in a Chapter 7 proceeding, the following debts are not discharged.

What Is a "Discharge" Under Chapter 7?
"Discharge" in the bankruptcy sense refers to clearing the debtor's slate of all, or most, past debts. Although many people expect that filing bankruptcy will wipe out all of their debts, that is not always the case. Bankruptcy only discharges certain debtors of certain debts. The availability of discharge depends on the type of bankruptcy proceeding involved, who the debtor is, and what type of debts the debtor has. An experienced bankruptcy attorney can advise his or her clients as to which debts will be discharged by a Chapter 7 bankruptcy and which debts will remain.

Exempt vs. Non-exempt Property Under Chapter 7
In a Chapter 7 liquidation case, the debtor has to turn certain property over to the bankruptcy trustee so that the property can be sold and the proceeds used to pay off debts. Debtors, whether they are businesses or individuals, are often justifiably concerned about what property they will be allowed to keep and what they must give up. Experienced bankruptcy lawyers can answer these and other questions, allay fears, and keep the process moving forward as painlessly as possible.

Non-Bankruptcy Workouts
The term "workout" is used to describe a non-bankruptcy negotiated modification of debt. More simply stated, a workout is an agreement worked out between a debtor and his or her creditors for repayment of the debts between them, which is negotiated without all the procedural complications-and perhaps the stigma-of the bankruptcy process. Lawyers experienced in bankruptcy and debtor-creditor law can advise both debtors and creditors on whether a non-bankruptcy workout may be their best course of action.

Chapter 7 Resource Links

American Bankruptcy Institute Consumer Corner
General information regarding consumer debt and bankruptcy.

Chapter 7
FAQ from Mortgage101.com.

United States Code on Chapter 7 Bankruptcy
from Cornell University.

Legal Information Institute
A general overview of the topic of bankruptcy, along with state and federal materials, from Cornell University.
 



The Law Office of Robert E. McRorey
Bankruptcy • Automobile & Motorcycle Accidents
Criminal Law • Divorce • Workers’ Compensation

Serving Johnson County Since 1984 

Office Hours: Monday-Friday, 9:00am-6:00pm
108 E. Cedar, Olathe, KS  66061
Phone: 913-780-4200 • Fax: 913-339-9013

E-mail:  info@robertemcrorey.com

 

 



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