Bankruptcy cases are filed in U.S. Bankruptcy Court, which is a division of the Federal District Courts. Divorce, collection, probate and similar cases are filed in one of the 31 Kansas District Courts located sporadically throughout Kansas. The three Kansas Federal Courthouses, which contain the bankruptcy courts, are located in Kansas City, Topeka, and Wichita.
For illustration purposes: a resident of Johnson County would file their divorce in Johnson County (under most circumstances). A resident of Johnson County would file their bankruptcy case in Kansas City, Topeka, or Wichita. More than likely a Johnson County resident would file their bankruptcy case in Kansas City, KS since there is a required 341 meeting the debtor would need to attend.
To file a bankruptcy case in Kansas, a debtor must have resided in Kansas the greater part of the 180 days prior to filing their case. If a debtor has resided in Kansas for a little over three months, they can file their case in Kansas. If a debtor has resided in Kansas less than three months, they will need to wait to file a bankruptcy case. The greater than 180 days residency requirement is the same for all states. A debtor residing in Kansas for the greater part of 180 days can file their case in Kansas; however, they will be unable to use Kansas bankruptcy exemptions. A debtor must reside in Kansas for two years before being able to use the Kansas exemptions, this could be a good thing or a bad thing depending on which state’s exemptions would apply in the debtor’s situation.
To determine when and where you can file your Missouri or Kansas bankruptcy case, please contact our Kansas City Bankruptcy Attorneys for a free in office consultation.