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General Links
Bureau of Consumer Protection. The Federal Trade Commission's Bureau of Consumer Protection has helpful free information on the subjects of credit scores, disputing errors in credit reports and how to repair your credit.
Federal Trade Commission. In addition to the helpful publications mentioned above, the FTC also has a "Money Matters" web site for financial educators and the public with articles and some videos on many money issues such as debt relief/debt reduction scams, home rescue scams and managing your money. Money Matters
Internal Revenue Service. The IRS has all of their various forms and publications easily available on the internet for free at IRS Forms and Publications. If you have lost your copies of your federal tax returns and need copies for bankruptcy or loan purposes, the IRS now allows you to order an official record of your past tax returns, also referred to as tax transcripts, for free online at Tax Transcripts.
MyMoney.gov. We believe this website may be the biggest and most comprehensive source of objective free financial education information on the internet. This is the United States government's website organizing helpful free financial information from over 20 different Federal websites. The volume of helpful money matters information available on this website is amazing. Most people find this website very helpful on financial matters once they know it exists. MyMoney.gov
Cases of interest. Some of the electronically published opinions in which Doug Depew has been an attorney of record include:
1. Morris v. Reed, No. 6:15-cv-01227-JTM (D. Kan. Dec. 22, 2015). Kansas Bankruptcy Court decision affirmed on appeal to Federal District Court. Debtors were able to keep all of their Kansas earned income tax credit as exempt property.
2. In re Reed, No. 14-12644-7 (Bankr. D. Kan. July 21, 2015). Debtors successfully claimed full Kansas earned income tax credit as exempt property.
3. In re Earned Income Tax Credit Exemption Constitutional Challenge Cases, 477 B.R. 791 (Bankr. D. Kan. 2012). Kansas statute making the earned income tax credit exempt in Kansas bankruptcy cases held to be constitutional. Debtors kept earned income credit refund.
4. Stewart v. Harrod, No. 02-5058 (Bankr. D. Kan. Dec. 17, 2002). Adversary litigation against debtor in Bankruptcy Court dismissed due to insufficiency of service of process.
5. Technical Chem. Co. v. IG-LO Prod. Corp., 812 F.2d 222 (5th Cir. 1987). Federal District Court decision entering judgment against plaintiff who disobeyed court orders to appear for his deposition affirmed by federal Fifth Circuit Court of Appeals.
6. State v. Lashley, 233 Kan. 620, 664 P.2d 1358 (1983). Kansas Supreme Court adopted a hybrid felony murder rule.
7. State v. Huffman, 228 Kan.186, 612 P.2d 630 (1980). Kansas disorderly conduct statute held unconstitutionally overbroad by the Kansas Supreme Court.
The outcome of the above cases could be different depending on the facts and law in effect.
Kansas Bankruptcy Information and Links - Videos
Free Credit Reports. The slick ads you see on TV promoting "free" credit reports are, in our opinion, deceptive because you have to sign up for other services. This link will take you to the one and only official government mandated web site which provides you with information on how to obtain credit reports for free, whether by mail, over the phone or over the internet, without having to sign up for other unnecessary services. Truly Free Credit Reports
Approved Credit Counseling Agencies and Debtor Education Providers. Due to, in our opinion, heartless legislation passed by Congress in 2005 there is now a requirement that no matter the circumstances of a person's financial problems, which often involve misfortune, they must go through a Pre-Bankruptcy Counseling session before filing bankruptcy and a Debtor Education Course after their case is filed. These requirements must be met whether you are filing for bankruptcy in Kansas or any other state. If your income is low enough, you may qualify for free Pre-Bankruptcy Credit Counseling and a free Debtor Education Course. This link will take you to the website of the U.S. Trustee for current lists of approved providers of these courses for people filing bankruptcy in Kansas and more helpful information. Approved Counselors & Providers
Bankruptcy Basics Videos. The Administrative Office of the U.S. Courts has prepared some videos providing basic, general information on bankruptcy. You may view these videos at Bankruptcy Videos
Bankruptcy Information Sheet. At Depew Law Firm we provide every bankruptcy client a great deal of Kansas bankruptcy law information by use of a thorough in-person consultation, video, brochures, letters and other documents. If you are considering filing for bankruptcy in Kansas and want some very basic, general information on bankruptcy now you can download and read the "Bankruptcy Information Sheet" prepared by the Office of U.S. Trustee by clicking on this link: Bankruptcy Information Sheet. It is in PDF format and can be opened with the free Adobe Reader which is already installed on most computers. In our opinion, this Bankruptcy Information Sheet is very incomplete to put it mildly. You should consult with an experienced Kansas bankruptcy attorney promptly if you are having financial problems and looking at filing bankruptcy.
Bankruptcy Court in Kansas. The official website for the U. S. Bankruptcy Court for the District of Kansas provides information to the public about the rules, procedures and administration of the Kansas Bankruptcy Court. Many opinions by the Kansas Bankruptcy Judges are also available at this website. Kansas Bankruptcy Court
Is there a Medical Bankruptcy in Kansas? Each year we receive phone calls from potential clients wanting to know if there is a Kansas Medical Bankruptcy. Sometimes people just simply state they have big doctor bills and hospital bills and need to file for Medical Bankruptcy or ask if they can file bankruptcy on medical bills. In our experience medical bills are a frequent cause or major contributor to people filing for bankruptcy in Kansas. Medical debts can be discharged in bankruptcy. The bankruptcy law, however, does not have a separate type of bankruptcy called a “Medical Bankruptcy”. Chapter 7 (Liquidation), Chapter 13 (Adjustment of Debts of an Individual with Regular Income), Chapter 11 (Reorganization). Chapter 12 (Adjustment of Debts of a Family Farmer or Fisherman with Regular Income) and Chapter 9 (Adjustment of Debts of a Municipality) are the types of bankruptcy under the law. If you live in southeast Kansas and are considering filing bankruptcy, please call our law office at (620) 325-2626 and request a free copy of our brochure “What About Bankruptcy?” for more information on the types of bankruptcy.
12 Helpful Tips If You May Be Filing For Bankruptcy in Kansas. If you may be filing bankruptcy in Kansas Bankruptcy Court then you can click on this link to download and read the web version of one of our brochures: Filing for Bankruptcy in Kansas | 12 Helpful Tips. It is in PDF format and can be read with the free Adobe Reader which is already installed on almost all computers.
Bankruptcy Terms. Unless you have worked in a financial institution or an attorney’s office, bankruptcy terminology may seem like a foreign language. Fortunately, the federal court system has an online bankruptcy glossary with definitions of many bankruptcy terms at Bankruptcy Terms
How to Pay For Your Bankruptcy. Many people who need to file bankruptcy wonder “How do I pay for my bankruptcy?” For some ideas on how you may be able to raise the money to pay for bankruptcy see our information sheet HOW DO I PAY FOR FILING BANKRUPTCY? Consult with an experienced bankruptcy attorney first to see if any of these ideas or others might work in your personal situation.
Beware of Debt Settlement Companies. Many of the so called debt settlement or debt resolution companies advertising on TV or the internet are scams. Also, be wary of any company making an unsolicited phone call to you offering to settle your debts. They make it sound so easy. Some even suggest there is a “secret” way to settle debts. One ad I have seen goes so far to say you have the right to settle your debts. This is very misleading in my opinion. The truth is you cannot settle any of your debts let alone all of them unless the creditor or creditors agree to settle. As stated by the Federal Trade Commission “No one can guarantee that your creditors will forgive your debts.” According to what many of our clients have told us, these companies frequently charge very substantial monthly fees as well as expenses and do not explain the potential tax consequences of “settling” debts. Some of our clients have also told us they understood the “debt settlement” company they were dealing with was going to represent them in collection lawsuits when they were sued only be sorely disappointed and upset when lawsuits, judgments and garnishments hit. Often, Chapter 13 bankruptcy may be a far better option to consider than getting hijacked by a so called debt settlement company. Call us for an appointment to go over your options in your personal situation for debt relief in Kansas before you potentially throw money away on a debt settlement scam. If you are already in a debt settlement program but are starting to suspect something does not pass the smell test or things are not working out as you thought they would call us right away as well.
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