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Arst & Arst, P.A. is a Wichita, Kansas bankruptcy law firm with over 50 years of cumulative experience in practicing consumer and business bankruptcy law. The first step to gaining control over unmanageable debt is to learn about your options. Understanding your legal rights will help you protect your home and family. Our bankruptcy attorneys are here to help.

The law firm of Arst & Arst, P.A. practices almost exclusively with debtor/creditor relationships, bankruptcy and bankruptcy related matters. Together, the firm has practiced in these areas over 50 years. For over 16 of those years David Arst served as a Chapter 7 trustee in bankruptcy. Arst & Arst, P.A. has vast experience in the practice of consumer and business bankruptcy law.

Debtor's Rights and Considerations: The Fear of Bankruptcy
All of us at Arst & Arst, P.A. understand that no one wants to file bankruptcy. Our clients are usually in emotional turmoil created by the stress of mounting debt and constant threats from unfriendly collectors. They often have had judgments and garnishments issued against them. They know they should contact a bankruptcy attorney but their distaste and embarrassment about their circumstances prevent them from doing so. On top of all this is the fear of the bankruptcy process; what will happen to them? How can they afford it? How will it affect their credit? The attorneys and staff at Arst & Arst, P.A. understand all of this. Over the course of the years, our firm has represented and helped thousands of people and businesses with financial problems.

The bankruptcy code is designed to give debtors a fresh start. Even if you don't have to file bankruptcy the first step in gaining control over unmanageable debt is to learn what options are available to you. Understanding your legal rights will help you protect your home and family, If you have been subject to loss of employment, wage garnishment, judgment, a failed business, foreclosure, repossession, large medical bills or are simply unable to meet your monthly expenses due to the cost of living, you should understand your rights as a debtor. Contact Attorneys David Arst or Alisa Arst for an initial consultation and learn about your options.

Creditors’ Rights and Considerations
Arst & Arst, P.A. has represented a multitude of creditors over the course of the years, including banks and businesses of all types confronted with debtors in and out of bankruptcy. We know the legal process well. We can assist creditors with the advice and actions necessary to minimize their losses. Rules governing the legal process to collect indebtedness in a bankruptcy situation are complex. If you are a creditor, we will explain the options available to you and help you through the process.

"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."

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Arst & Arst, P.A.
150 N. Main St., Suite 515, Wichita, KS 67208
316-265-4222

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Useful Information

The Means Test

Debtors who earn less than the median income and will continue earning less than the median income for the foreseeable future pass the means test on the first go around. We will run your gross pay from all sources for the six months’ prior to filing and advise you if you are below the median family income.     If your income is above Kansas’s median income, you still might qualify for Chapter 7, if you pass a “Means Test”, a complicated analysis of income and expenses to determine if they have disposable income to pay their unsecured creditors at the end of the day. The Means Test is supposed to tell if a debtor has money left over after living expenses to pay creditors.  The theory behind the Means Test is to determine whether filing a chapter 7 bankruptcy would be abusive or if a chapter 13 payment plan bankruptcy is required. It also determines if the payment plan must be at least three years or five years.

Recently, new Means Test figures were announced by the U.S. Trustee Program for use with bankruptcy cases filed on or after November 15, 2013. Here are the Kansas income numbers based upon family size:

1 – $43, 793

2 – $57,502

3 – $65,394

4 – $72,453

add $8100 for each individual in excess of 4.

The Kansas numbers are higher for one and two person families, slightly lower for three person families and almost $4000 lower for four person families. Below are the figures for Kansas bankruptcy cases filed May 1 through November 14, 2013:

1 – $42,577

2 – $56,581

3 – $65,907

4 – $76,402


The Automatic Stay

Did you know that when you file bankruptcy an "Automatic Stay" order goes into effect that stops your creditors from contacting you and pursuing collection in most cases. Contact the experienced attorneys at Arst & Arst, P.A. to discuss this further. 

Budgeting

Budget information is required on the bankruptcy schedules. Individuals must put together a budget of ongoing anticipated expenses and income. We will help you analyze your budget. The attorneys at Arst & Arst, P.A. will help you develop a budget. Budget information is also very important in determining whether a Chapter 13 case is feasible.

Who is a Bankruptcy Trustee and Will I Meet the Trustee?

A Trustee in bankruptcy is a person who is appointed by the United States Department of Justice or in some cases, by the creditors involved in a bankruptcy case. When you file for bankruptcy, a bankruptcy estate is created. A bankruptcy trustee will be assigned to your case. One of the Chapter 7 bankruptcy trustee’s jobs is to administer your bankruptcy case. In a Chapter 7 bankruptcy, the trustee is mostly interested in what you own and what property you claim as exempt. The bankruptcy trustee does not represent you or your creditors. The trustee represents the bankruptcy estate. It is the trustee's job to evaluate the nonexempt property, convert it to cash, and use that money to pay creditors who have valid claims.
In a Chapter 13 (Reorganization) the trustee is responsible for receiving the debtor’s monthly payments and distributing those funds proportionally to the debtor's creditors pursuant to a Chapter 13 Plan.

Contact Information

Arst & Arst, P.A.

555 N Woodlawn
Suite 115
Wichita, KS 67208

Phone: 316-265-4222
Fax: 316-265-1241
Email: info@arstlaw.com

Business Hours:
Monday–Friday 8:30 a.m.–5 p.m.

Kansas Bar AssociationThe Wichita Bar AssociationBetter Business Bureau A+ RatingNational Association of Consumer Bankruptcy Attorneys