Kansas City Attorneys Blog | Johnson County Chapter 13 Bankruptcy Lawyers

Singer's attorneys seek to put brakes on IRS collection efforts

On behalf of Wiesner & Frackowiak LC posted in Chapter 7 Bankruptcy on Monday, June 17, 2013.

Some months ago, we wrote about the fact that singer Dionne Warwick had opted to go to court in a bid to eliminate a tax burden that's been looming and growing bigger over the past two decades. She used the processes of Chapter 7 bankruptcy to seek relief through the discharge of a multimillion-dollar debt that the Internal Revenue Service says she owes.

Her argument, as our Kansas City readers may recall, is that all of the difficulties she's facing now stem from unscrupulous management back in the 1990s. Over the course of years, she says she has attempted to clear the books. Her attorney says she has paid the original amount of taxes owed, and then some, but penalties and interest have always lingered and raised the stakes.

Missouri foreclosure abuse payments: Not much, but something

On behalf of Wiesner & Frackowiak LC posted in Chapter 13 Bankruptcy on Monday, June 10, 2013.

When it comes to saving a person's house from foreclosure, timing is critical. The sooner one can get in front of a foreclosure action, the better are the chances that the brakes can be put on the process.

That can be one of the benefits of a duly filed petition for Chapter 13 bankruptcy. Once in place, the gears of the system are brought to a halt on the foreclosure and repossession of assets and the consumer gets needed time to work out a plan for regaining solid financial footing.

Tech entrepreneur seeks Chapter 7 firewall against creditors

On behalf of Wiesner & Frackowiak LC posted in Chapter 7 Bankruptcy on Monday, June 3, 2013.

A noted entrepreneur in this technology age went on record recently as saying how much he loves what he does, even in the face of the financial risk that is commensurate with launching start-up companies. And, as this man observes, "But if you win some you are going to lose some too."

Like many in and around the Kansas City area, this entrepreneur has had his ups and downs and late last month, he turned to the courts to file for Chapter 7 bankruptcy in a bid to clear his slate after what appear to be some debts incurred through various ventures that he admits went outside his typical zone of technology business comfort.

Study: Cancer increases risk of need for debt relief

On behalf of Wiesner & Frackowiak LC posted in Medical Debt on Tuesday, May 28, 2013.

A diagnosis of cancer is likely one of the most dreaded things that anyone can imagine receiving. There have been amazing strides made in medicine for the treatments for cancer in the past several decades, but with that has come an equally amazing increase in cost.

Whether you live in Kansas or some other state, the strain on personal finances can be overwhelming. Driving cancer into remission is a victory everyone desires, but it can also lead to a person losing their health insurance, which can cause trouble later if the cancer returns or other health issues develop.

What's in a word? A lot if debt relief is at stake

On behalf of Wiesner & Frackowiak LC posted in Chapter 7 Bankruptcy on Monday, May 20, 2013.

Beware of defalcation. If you don't know what that means, don't worry. You're not alone. Despite the fact that it's been part of the U.S. bankruptcy code since 1841 and that it has been used to deny bankruptcy in some instances, its meaning has long been in dispute. It is no longer, however. This month the Supreme Court finally gave it some definition.

For the purposes of bankruptcy petitions, the justices have determined that the word means pretty much the same thing as fraud. What it means in terms of application is that if a person's request for bankruptcy protection is somehow colored by evidence of fraud on the their part, the request may be denied.

Kansas bankruptcy: Many vets despair under assault of debt

On behalf of Wiesner & Frackowiak LC posted in Personal Bankruptcy on Monday, May 13, 2013.

Anyone in Kansas with their finger on the pulse of current events has heard about the apparent rise in suicides among members of the military. Most often the blame seems to fall on the effects of post-traumatic stress disorder.

Veteran support groups say PTSD is an easy thing to point to as a driver of despair. But they say just as troublesome and often overlooked is that many vets, released from service and unable to find work, slip into despair when they can’t meet their current duties of supporting their families.

Some 'zombie' medical debts vanish thanks to Rolling Jubilee

On behalf of Wiesner & Frackowiak LC posted in Medical Debt on Friday, May 10, 2013.

It's bad enough that medical debt so often becomes a millstone around the financial necks of consumers in Kansas, especially if they are senior citizens. The only thing worse is when the debt they thought had been taken care of seems to come back to life.

That's the prospect that appeared to be looming for a lot of people before the saving graces of the Rolling Jubilee Fund. The offshoot group of the Occupy Wall Street movement bought up a ton of debt owed by individuals in various states last month. Then, using money it had raised from donors, it paid forgave those bills and informed the debtors that they were free from the debt burdens.

Bankruptcy exemption issue appears due for Supreme Court action

On behalf of Wiesner & Frackowiak LC posted in Bankruptcy Exemptions on Thursday, May 2, 2013.

In our last post few posts we’ve focused on matters related to bankruptcy exemption. Normally, we would look to find something else to write about at this point in order to give our readers in the Kansas City area some breadth of coverage on bankruptcy-related issues. But a recent decision that came down from the 7th U.S. Circuit Court of Appeals prompts us to come back to the subject again this week.

The issue that was before that court was whether or not an inherited Individual Retirement Account should be considered exempt from the grasp of creditors in a bankruptcy proceeding. The Chicago-based court ruled that the answer is no.

Student loans a common theme among debt burdened

On behalf of Wiesner & Frackowiak LC posted in Bankruptcy Exemptions on Thursday, April 25, 2013.

There are a lot of things that can drive a person into indebtedness. Some things we have little control over. Most things we do. But that doesn't necessarily make it any easier to get out from under once the debt horse has been saddled.

Discovering just what options may be available in terms of obtaining debt relief, including determining bankruptcy-exempt assets, can be a time consuming and confusing chore for people in the Kansas City area. But working with an attorney experienced in bankruptcy law can uncover possibilities. And where there is possibility there is room for optimism.

Kansas City bankruptcy: Student loan discharge upheld on appeal

On behalf of Wiesner & Frackowiak LC posted in Personal Bankruptcy on Wednesday, April 17, 2013.

There are many reasons why bankruptcy might be a good idea to explore when someone is in financial difficulty. Being burdened by debt can lead to a sense of desperation for a lot of individuals throughout the Kansas City area. Bankruptcy, whether it is through Chapter 7 or Chapter 13, offers a legal means by which a person may regain their feet and look ahead with new hope and optimism.

There are some limits to what bankruptcy may be able to accomplish. That's one reason why it's so important to work with an attorney when considering various debt relief options. Circumstances will typically indicate what option might be most fruitful for you. For example, under most circumstances student loans won't be dischargeable. But there are exceptions, as is evidenced by the following case.

Kansas City Bankruptcy Law Blog