Kansas Bankruptcy Records

Are Bankruptcy Records Public Information in Kansas?

Under federal law, bankruptcy records are open to the public unless sealed by court order. As a result, third-party agencies and members of the public can review and copy bankruptcy records by contacting the bankruptcy court clerk during regular business hours. Attorneys and their clients can access bankruptcy information over the internet using the Public Access To Court Electronic Records (PACER) portal.

Except where sealed, pleadings and papers filed in bankruptcy court cases are accessible. A court will only seal a bankruptcy record if the parties involved successfully file a motion to document a bankruptcy case "in camera" or "under seal". The petition must explain the need to restrict the information on the document from public view.

For example, suppose a bankruptcy record contains confidential information such as social security or account number. In that case, it is possible to request that the court seal those pieces of information and protect them from public examination.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

How to File Bankruptcy in Kansas

Bankruptcy in Kansas is a legal procedure where individuals, organizations, and other entities can seek full or partial relief of their debts. According to the United States Code, Title 11, bankruptcy is considered a federal process and as such overseen by the United States Bankruptcy Court. Depending on the type of bankruptcy petition filed, debtors can seek total relief which allows them a fresh start or an opportunity to create methods to repay their debts. The different types of bankruptcies are known as Chapters. Chapter 7, Chapter 11, and Chapter 13 are examples of Chapters available in Kansas.

Before anyone can file for bankruptcy in Kansas, they are expected to first complete a credit counseling session. After that, the credit counseling certification is filed alongside the bankruptcy petition. Debtors who wish to file for bankruptcy in Kansas may do so at any of the following court locations in the District of Kansas. Under the district, the bankruptcy courts are situated in Kansas City, Topeka, and Wichita.

Kansas City
Robert J. Dole Courthouse
500 State Avenue
Room 161
Kansas City, KS 66101
Phone: (913) 735-2110
Office Hours: 9:00 a.m. to 4:00 p.m. Monday through Friday (close on Federal holidays).

Topeka
Frank Carlson Federal Building
444 South East Quincy
Room 240
Topeka, KS 66683
Phone: (785) 338-5910
Office Hours: 9:00 a.m. to 4:00 p.m. Monday through Friday (close on Federal holidays).

Wichita
Wichita United States Courthouse
401 North Market
Room 167
Wichita, KS 67202
Phone: (316) 315-4110
Office Hours: 9:00 a.m. to 4:00 p.m. Monday through Friday (close on Federal holidays).

Often than not, bankruptcy records in Kansas are public records. Interested persons or residents in the state can request for them. Nevertheless, certain bankruptcy records may be restricted from the public.

What are Kansas Bankruptcy Records?

Kansas bankruptcy records are generated from court proceedings on bankruptcy matters within the state. Usually, the clerk maintains these records for ten years from the date of filing, after which they are sent to the National Archives. Because anyone can access bankruptcy records, these records can also be obtained from third-party websites.

What Do Kansas Bankruptcy Records Contain?

Bankruptcy case files may contain varying information. However, a typical Kansas bankruptcy record will include:

• Names of the parties involved: the debtor and the creditor
• Summary of Debts and Assets: brief information about the debtor's belongings and liabilities
• Debtor's petition: a motion filed in court that shows that a debtor is unwilling or unable to pay debts
• Dates of filing, hearing (341 meetings), and discharge
• Oaths: sworn testimonies during a court hearing
• Information about the attorney presenting the case
• The name of the judge that heard the case
• Case number

How to Get Kansas Bankruptcy Records

Certified copies of a bankruptcy record are accessible by contacting the bankruptcy court clerk's office in person or sending a written application by mail to the clerk of the United States Bankruptcy Court for the District of Kansas at these addresses:

Robert J. Dole Courthouse
500 State Avenue
Room 161
Kansas City, KS 66101
Phone: (913) 735-2110

Frank Carlson Federal Building
444 South East Quincy
Room 240
Topeka, KS 66683
Phone: (785) 338-5910

Wichita U.S. Courthouse
401 North Market
Room 167
Wichita, KS 67202
Phone: (316) 315-4110

The requesting party must identify the bankruptcy record in question by providing the case name, case number, filing date, and the record title. If querying the clerk's office by mail, the requester should include the name, address, and phone number to contact should the clerk require further information about the record. The requesting party must provide a 50 cents per copy fee. The clerk will charge 10 cents should the office print from a public terminal and $31 for copies of electronic records not stored in PACER. In addition to this, the applicant will need to pay $11 for certification and $23 for document exemplification.

The court can also provide transcripts of court hearings. The requester will need to complete an AO 435 form to obtain official transcripts from the court. Audio and CD files are also available for $32. The party applying for these recordings must fill out an AO 436 form. The applicant should submit these forms by mail or in-person to the clerk's office in the court where the case was heard. The clerk can provide transcripts or audio files either by email, mail, or at the office location.

Anyone who wishes to obtain an audio recording for a First Meeting of Creditors, otherwise called a 341 meeting, should call (316) 269-6637.

The parties involved and the general public can also access bankruptcy information online with the Public Access To Court Electronic Records tool (PACER) or by telephone with the Multi-Court Voice Case Information System (McVCIS). To use the PACER tool, one will need to create an account by completing an e-form online. To use McVCIS, an individual must dial (866) 222-8029.

Where to Conduct a Free Bankruptcy Case Search in Kansas

Interested persons can conduct a free bankruptcy case search in Kansas by:

• Calling Multi-Court Voice Case Information System (McVCIS) at (866) 222-8029. The McVCIS is a 24 hours service provided by the United States bankruptcy courts located in the district of Kansas. The McVCIS provide bankruptcy case information over the phone for free in Kansas.
• Using the Public Access to Court Electronic Records (PACER) case locator: This is a nationwide online search engine that allows users to look up federal courts ligation records, including bankruptcy case records. Only people who have signed up for a PACER account are eligible to use its services. Users typically pay $0.10 per page to view records using the PACER system. Charges are, however, waived under the Judicial Conference's policy when usage totals $30 or less for each quarter of the year.

How Do I Find Out if My Bankruptcy Case is Closed in Kansas?

A case participant can inquire about the closed status of a bankruptcy case by contacting the clerk of the court where the petition was filed. The Public Access To Court Electronic Records tool also allows subscribers to view the status of a bankruptcy case. Usually, the clerk's office will send a notification via mail, either directly to the debtor or to the debtor's attorney that handled the case, when the court orders the closure.

Can a Bankruptcy Be Expunged in Kansas?

Generally, debtors cannot expunge a bankruptcy court record in Kansas. However, some confidential information on a bankruptcy case file may be sealed and restricted from the public. To seal a record, the debtor must submit a petition to the bankruptcy court stating the reasons for sealing. The court will then review this request and call for a hearing. If there are enough grounds to seal the record, a judge will grant the motion.

Bankruptcy can also be removed from credit reports but only after a certain period. The Fair Credit Reporting Act oversees these expungements. Under this statute, a bankruptcy case will remain on a person's credit report for ten years. A credit reporting agency can only remove a bankruptcy case after ten years, beginning from the date the case was filed in court.

Until this period elapses, a person cannot file to remove a bankruptcy from a credit report unless there is an error on the report. According to the Fair Credit Reporting Act, the involved party must contact the credit reporting agency or the information provider to remove mistakes.

The first step is to query the credit reporting company by sending a written statement. The requesting party should attach non-original copies of documents that support this claim and explain in precise detail why the information is incorrect. The credit reporting agency will then examine the petition within 30 days unless the argument is frivolous. If the claims are substantial, the company will forward all the relevant information about the report's inaccuracy to the information provider. The information provider will review the query and notify all the three nationwide credit reporting agencies to make the needed corrections. The credit reporting company will, in turn, provide a free written report of the investigation result. The bankruptcy court in Kansas cannot remove bankruptcy from a credit report because it has no jurisdiction over credit reporting agencies.

What is the Downside of Filing for Bankruptcy in Kansas?

The downside of filing for bankruptcy in Kansas are numerous and may include some of the following:

• It affects the debtor’s chances of future employment
• It affects the debtor’s credit score
• It is not free. Therefore, some debtors may not be able to afford it.
• It does not erase all the debtor’s debt. Although there are bankruptcy exemptions, debts such as child support, student loans, tax debts, alimony, penalty payments are not covered.
• It makes the process of getting new loans difficult. Also, debtors with bankruptcy records may pay higher interest on new loans.

Nevertheless, there are benefits to filing for bankruptcy in Kansas. Some of which may include:

• It allows certain debtors to start afresh
• It protects the debtor’s properties and assets
• It prevents creditors from harassing or taking legal actions against the debtor.

What is Chapter 11 Bankruptcy in Kansas?

Chapter 11 bankruptcy in Kansas is a form of bankruptcy available to organizations to reorganize their debts, business, or assets. Under Chapter 11, debtors are allowed to develop a repayment plan that is favorable to all parties involved i.e the debtor and creditors. That way, they can remain in business rather than shut down or liquidate their assets and properties. Parties interested in filing for Chapter 11 can also take new loans to fund their business. After developing a repayment plan, debtors will pay installments to settle their debts over an agreed period. That is, the chosen period must be approved by the bankruptcy court. In Kansas, Chapter 11 is also known as a reorganization bankruptcy.

Although Chapter 11 is commonly filed by organizations, it is available to interested persons who do not qualify for other bankruptcy chapters. Under Chapter 11, there are two types of petitions: voluntary and involuntary petitions. As the name suggests, the voluntary petition is a situation whereby the debtor files the bankruptcy petition. An involuntary petition, however, requires the creditor to file a bankruptcy petition against the debtor. Note that the Chapter 11 bankruptcy will last up to 10 years on the debtor’s credit report.

What is Chapter 7 Bankruptcy in Kansas?

Chapter 7 bankruptcy in Kansas allows debtors to liquidate their assets and properties to pay off their debts. The liquidated properties and assets are those not covered by exemptions. Another name for Chapter 7 is the liquidation bankruptcy. A trustee is appointed by the bankruptcy court in the District of Kansas to oversee the bankruptcy case proceedings. The trustee handles the sales of the debtor’s property and assets and ensures the proceeds are distributed to the creditors.

Under Chapter 7, individuals, partnerships, and organizations are examples of those eligible to file for bankruptcy petitions. However, they are expected to take a Mean Test to decide their eligibility. The test is to ensure debtors who wish to file for Chapter are not earning above the state of Kansas’ median income. Only those whose income is below the median’s income can file. Some of the things considered during the test include the debtor’s family size, secured and unsecured debts, expenses, and income.

In Chapter 7 bankruptcy, debtors with discharged debts have an opportunity for a new beginning. Examples of such dischargeable debts include automobile loans, personal loans, income tax debts, medical bills, and mortgage loans. However, debts that may not be discharged include court fees and penalties, student loans, and personal injury debts.

What is Chapter 13 Bankruptcy in Kansas?

A Chapter 13 bankruptcy in Kansas allows debtors to develop a repayment plan instead of using the proceeds of their liquidated properties and assets to settle their debts. Although similar to Chapter 11, it is only available to persons with stable income. As a result, Chapter 13 bankruptcy is also known as the Wage Earner Plan. Interested persons who wish to file for Chapter 13 can retain the properties and assets as well as pay off their debts within an agreed period - usually 3 to 5 years.

The bankruptcy court in the District of Kansas appoints a trustee who oversees the entire bankruptcy case process. Debtors under this chapter pay installments to the trustee who in turn distribute it to the creditors. Similar to other types of bankruptcies, Chapter 13 prevents creditors from contacting or harassing the debtor. Co-signers under this chapter may also be protected from having to partake in the repayments of debts owed. Chapter 13 bankruptcy records may last up to 7 years on the debtor’s credit score.

Under Chapter 13, certain debts are not dischargeable by the debtor. In fact, there is a limit to the total amount of debts they can discharge. According to the United States Bankruptcy Code, 11 U.S.C. § 109(e), the unsecured and secured debts of individuals filing for Chapter 13 must not be more than $250,000 and $750,000 respectively. The price limits on the debts are not fixed and are in line with the consumer price index.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Kansas?

In Kansas, there are several differences between Chapter 7 and Chapter 13 bankruptcy that include some of the following:

• Under Chapter 7, the trustee appointed by the bankruptcy court oversees the process of repaying creditors, while the debtor under Chapter creates a repayment plan to settle creditors.
• Under Chapter 7, debtors can file for bankruptcy regardless of the amount owed, while Chapter 13 sets a limit to the secured and unsecured debts available to debtors.
• Under Chapter 7, individuals and organizations are allowed to file bankruptcy petitions, while Chapter 13 is only available to persons with a regular income.
• Debtors filing for Chapter 7 may lose their assets and properties due to liquidation, while Chapter 13 enables debtors to remain in control of their assets and properties.

What is Bankruptcy Protection in Kansas?

Bankruptcy protection in Kansas is a legal procedure that prevents creditors from taking over a debtor’s assets and properties. The process is known as an automatic stay and is enforced after a debtor successfully files a bankruptcy petition in the state. The bankruptcy courts in the District of Kansas prevent creditors from contacting the debtor by issuing a notice of automatic stay. Once the notice is issued, creditors are also prohibited from taking legal actions against the debtor. Examples of such legal actions include lawsuits, foreclosure, repossession, etc.

What are Kansas Bankruptcy Exemptions?

Kansas bankruptcy exemptions are laws available to debtors to safeguard their assets and properties. Although bankruptcy is a federal procedure, interested persons filing for bankruptcy in Kansas are expected to use the available state's exemption laws. The state of Kansas does not permit the use of Federal law exemptions. Interested persons who have lived in Kansas for at least 2 years are eligible to use the state's exemption laws. Below are some of the Kansas bankruptcy exemptions available to debtors:

• Homestead Exemption: The state law allows unlimited homestead exemption. Debtors filing for bankruptcy in Kansas can keep up to one acre in a city or town and up to 160 acres of farmland. The homestead exemption covers both real and personal property i.e home, manufactured home, or mobile home. Interested persons do not have to file a separate record with the county's recorder office. The Kansas homestead exemption is available to debtors regardless of the property's value. Note that the law does not allow married couples to double this exemption.
• Personal Property Exemption: In Kansas, debtors filing for bankruptcy can protect personal properties such as furniture, clothing, earned income tax, pieces of jewelry, burial plot funds, electronics, appliances, books, art, etc. For instance, jewelry can be up to $1,000 in value. The exemption also covers supplies such as food and fuel. Kansas allows married couples to double this type of exemption.
• Motor Vehicle Exemption: The state law allows debtors to protect up to $20,000 in equity under the motor vehicle exemption. Married couples in Kansas can double the exemption to protect up to $40,000 in equity for a motor vehicle. However, there is no limit for vehicles equipped for disabled persons.
• Public Benefit Exemption: Interested persons filing for bankruptcy can exempt some of their public benefits permitted under the state’s law. Examples of such public benefits may include public assistance for children, unemployment compensation, social security benefits, worker’s compensation, aid to the aged, aid to the blind, aid to the disabled, public assistance, vocational rehabilitation benefits, etc.
• Tools of Trade Exemption: In Kansas, debtors can exempt their business equipment and tools of the trade like books, farm animals, or plants that are up to $7,500 in value.

What are the Other Types of Bankruptcy in Kansas?

The other types of bankruptcy available in Kansas include Chapter 9, Chapter 12, and Chapter 15. Debtors can file for any of the above depending on their eligibility status.

• Chapter 9 bankruptcy: Chapter 9 bankruptcy protects municipalities that are in debt from creditors by allowing them to develop a repayment plan. This type of bankruptcy is similar to other bankruptcies that enable debtors to reorganize their debts. Although, individuals or businesses are not eligible to file for Chapter 9. Examples of eligible debtors may include counties, towns, villages, cities, municipal utilities, school districts, taxing districts, etc. Also, interested parties filing for Chapter 9 can take new loans, seek maturity extensions date for older loans, and agree on lower rates.
• Chapter 12 bankruptcy: Chapter 12 bankruptcy is a type of bankruptcy available exclusively to family farmers and family fishermen. They must be able to prove a stable income record to be eligible for this. This type of bankruptcy enables qualified persons to develop a repayment plan rather than shut down their business or liquidate their assets and properties. Therefore, eligible persons filing for Chapter 12 can create repayment plans that last between 3 to 5 years.
• Chapter 15 bankruptcy: Chapter 15 bankruptcy is available to persons or businesses with multiple properties and assets in the United States and other countries. Therefore, it allows such parties to file for bankruptcy petitions in the United States. One major purpose of this chapter is to create a cordial relationship between the United States courts and other country’s courts.

How Much Does It Cost to File Bankruptcy in Kansas

The cost to file bankruptcy in Kansas is dependent on the chapter of bankruptcy being filed. According to the fee schedule used by federal bankruptcy courts within the Kansas court system, each chapter of bankruptcy has its own distinct filing charge. The filing fee for Chapter 9, Chapter 11, and Chapter 15 bankruptcy cases is $1,738, making them the most expensive to file. Meanwhile, Chapter 7, Chapter 12, and Chapter 13 filing fees are currently $338, $278, and $313, respectively.

If a petitioner cannot pay the filing fee in full at the time of filing, they may apply to pay in installments by completing and submitting the installment application form. Furthermore, anyone filing for chapter 7 bankruptcy may ask for a waiver of the filing fee if they cannot pay the fee in full or in installments. A judge would decide whether or not they would have to pay the fee. According to both state and federal law, a judge can only grant a waiver if the petitioner's income is below 150% of the federal poverty guidelines that apply to their family size.