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Bankruptcy Courts See Flood Of Filings

Woman Who Filed For Bankruptcy Calls It A Blessing

As local families struggle with mortgages and everyday bills, experts say the number of bankruptcy filings are on the rise.

Bankruptcy is a dirty word but Jean, a Miami County, Kan., woman who didn't want her last name reported, said it saved her family's life.

The only thing she has left from her life before bankruptcy is her car. She said she was glad they declared bankruptcy and she didn't know where her family would be if they hadn't done it.

Bankruptcy courts in Kansas and Missouri are seeing a flood of filings. Nearly 7,000 bankruptcy cases are on the books since Jan. 1 in federal bankruptcy court on the Missouri side of the metro. The year before, there were only about 1,400.

The latest numbers available at the Kansas City, Kan., federal court show nearly 500 more cases.

Most of attorney Rachel Foley's cases aren't people living high on the hog or short on their mortgage. Instead, it's people up to their necks in medical bills. People call her office even late at night who want to file bankruptcy.

For some, bankruptcy is the answer, Foley said. For others, credit counseling works. Each case is unique, she said.

If people are deciding whether to buy food or pay a credit card bill, it's time for them to start talking to an attorney to assess their situation, Foley said.

She said during this credit crunch, creditors are putting out rumors that bankruptcy laws have changed and that most people don't qualify, but she said that is just hot air.

If people are willing to budget, cut back and make a fresh start, bankruptcy can help.

Jean, who went through it, said filing for bankruptcy was a terrible thing but it could be a blessing.

Several Web sites can help people considering filing for bankruptcy. Some will show what assets will be sold off by the courts, a few things people might be surprised they can keep. The sites also explain filers' rights.

Here are a few links.

  • Information about a Chapter 13 from the National Association of Chapter 13 Trustees
  • US Trustee's Approved Credit Counseling Agencies
  • National Association of Consumer Bankruptcy Attorneys
  • Federal Trade Commission Information about Consumer Rights
  • Missouri Attorney General - Consumer Protection
  • Kansas Attorney General - Consumer Protection

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