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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Part 1) In filing a chapter 7, it seems it would be better

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Part 1) In filing a chapter 7, it seems it would be better to file right before payday, so my paycheck (needed for utilities, food, gas) is not sitting there in my account on the day I file. I'm not clear if the paycheck being due is something I have to declare though. If I file after I get paid (there is no cash exemption in KS), might the trustee claim all that cash even though I need it for living?

Part 2) I want to surrender a secured car. I would need to buy a car, and pay cash (about $2000). In KS you can exempt a car up to $20,000 (per person). Does it cause a problem to convert cash into an exempt asset? (same goes for essential clothing, food, etc)? Is there a best way (or time) to do that?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

1) If you lived in Kansas continuously for the past 2 years, and can therefore use the Kansas exemptions, then you are allowed to keep $217.50 or up to 75% of your take-home pay - whichever amount is greater.

cfortunato :

If there will be more in your account, it would be a good idea to spend the excess on your living expenses before you file - because the Bankruptcy can, and most likely will, take the excess if it is still in your account at the time you file.

cfortunato :

2) You have the right to convert non-exempt assets into exempt assets at any time before you file.

cfortunato :

As there is no time limit or 'look-back' period involved, there is no best way or time to convert non-exempt into exempt assets.

cfortunato :

This is referred to as 'pre-Bankruptcy planning', and it is completely acceptable.

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