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Bankruptcy Law

OUR SPECIALTY

Has debt become too much to handle? Prelle Eron & Bailey, P.A. (formerly Eron Law, P.A.) specializes in bankruptcy for both individuals and businesses. Our founding attorney, David Prelle Eron, is Wichita’s only Business Bankruptcy Specialist certified by the American Board of Certification, and the Prelle Eron & Bailey, P.A. team of bankruptcy attorneys represents debtors and creditors in a wide range of areas.

How We Can Help Home
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Top Bankruptcy Attorney

Avvo® 10 out of 10 Attorney Rating along with 5-Star Client Review on avvo.com

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Bankruptcy Certified

Wichita’s only Business Bankruptcy Specialist certified by the American Board of Certification

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Super Lawyers® Rated

Selected for inclusion in Missouri & Kansas List, 2013-2022 and Rising Stars® 2012

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Integrity. Service. Professionalism.

Our Commitment

Prelle Eron & Bailey, P.A. is committed to serving our clients with integrity and the highest quality of service from the beginning of the case to the end. Our relationships with both clients and others within the legal field are defined by a dedication to professionalism.

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Dedicated to Serving Our Clients

"...They were very helpful. They answered all our questions and helped us understand the whole process..."
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Dedicated to Serving Our Clients

"David Prelle Eron’s niche is business insolvency and complex consumer bankruptcies. He is a go-to bankruptcy attorney in Wichita."
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Dedicated to Serving Our Clients

"...Today without the debt strangling us, we have started the journey toward rebuilding our financial future..."
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Dedicated to Serving Our Clients

"...David came in the middle of the case, it was quickly evident that he was there to solve the problem and not just milk me for fees..."

Other Areas of Expertise

Our Services

Along with bankruptcy, Prelle Eron & Bailey, P.A. provides services related to business, transactions, real estate and litigation. Select a service for more information.

Prelle Eron & Bailey, P.A. Attorneys

In addition to our founding attorney, David Prelle Eron, Prelle Eron & Bailey, P.A. is comprised of highly experienced attorneys with almost 50 years of combined experience.

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Top Bankruptcy FAQs

Improve Your Situation Through Education

At Prelle Eron & Bailey, P.A., we care about each one of our clients. Our goal is to improve your situation through education and legal assistance. Take a moment to browse our Help Center for free information that may relate to your case.

Why should I hire an attorney? -
Why should I hire an attorney?
Why should I hire an attorney? -angle-down
Why should I hire an attorney?

Far more reasons that we can list, but three HUGE reasons:

  1. Save MONEY! A major part of our job is helping clients keep as much money and 
property as possible. If you don’t know how to accomplish that, the results can easily cost you thousands. We have seen cases where it cost into the hundreds of thousands.
  2. Save TIME! Filling out our questionnaire and gathering all of the necessary documents can be exhausting. But it is nothing compared to having to actually read those documents and assemble the information into more than 80 pages of schedules. We take a lot of work off of your shoulders.
  3. Save your DISCHARGE! You don’t know what you don’t know. But the court and the trustee cannot afford to make exceptions to the rules for pro se debtors. If you mess up, you could be kicked out of bankruptcy, lose your discharge, or go to prison. It’s not worth the risk.
How quickly can I file? -
How quickly can I file?
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How quickly can I file?

Pretty darn quick. It usually takes us one to two weeks to prepare a case after we have received all required documents. The most common reason for delay is missing documents and information, which is entirely in your control. In rare emergency cases (i.e. imminent foreclosure, etc.), we can get a case filed within a day or two.

Will I still owe on my student loans? -
Will I still owe on my student loans?
Will I still owe on my student loans? -angle-down
Will I still owe on my student loans?

Bad news on student loans. Generally, you cannot get rid of your student loans in a bankruptcy case. However, they are put in forbearance if you do a Chapter 13 payment plan bankruptcy, so that you do not need to worry about making those payments separately.

There are situations when you CAN get rid of your student loans. Doing so requires us to file a separate lawsuit within the bankruptcy case and proving that keeping the student loans would put you in an unduly hard situation. There are several requirements in order to get rid of student loans – you should discuss this with us at your consultation if this is something you would like to consider!

Can I give stuff away? -
Can I give stuff away?
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Can I give stuff away?

No. Do not engage in any unusual activities with your assets or finances without retaining counsel first. This can cause major problems with your case if not handled properly.

What happens to my house? -
What happens to my house?
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What happens to my house?

In most cases, all of the equity in your home will be exempt (i.e. cannot be taken from you by the bankruptcy estate). You can elect to reaffirm the mortgage(s) and keep making your payments to avoid foreclosure. If you are already behind in your payments, you can use Chapter 13 to set up a payment plan and get caught up. Alternatively, you can elect to discharge the debt on your home and “surrender” the home to the mortgage company if you do not want to keep up the payments. There are other options as well, and a consultation is the best way to figure out what will work for you.

What happens to my car? -
What happens to my car?
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What happens to my car?

In most cases, all of the equity in your vehicle (one only) will be exempt (i.e. cannot be taken from you by the bankruptcy estate). You can elect to reaffirm the loan and keep making your payments to avoid repossession. In some cases, you can use Chapter 13 to reduce the balance of your loan to the value of your vehicle, and/or restructure the remaining balance over 36-60 months. Alternatively, you can elect to discharge the loan and “surrender” the car if you do not want to keep up the payments. There are other options as well, and a consultation is the best way to figure out what will work for you.

Will I still have to pay my taxes? -
Will I still have to pay my taxes?
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Will I still have to pay my taxes?

Most taxes are not dischargeable in bankruptcy, including income taxes in the past three years, sales tax, and withholdings tax. However, older income tax and tax penalties can sometimes be discharged. Moreover, in a restructuring case, taxes can be paid off over a 60 month plan without additional interest or penalties, all while preventing further garnishments and tax liens.

Will I still have garnishments? -
Will I still have garnishments?
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Will I still have garnishments?

Garnishments by almost all creditors are strictly prohibited while a bankruptcy case is pending. It may take a few weeks for the garnishments to fall off, depending on the pay schedule and responsiveness of the payroll department. Once the underlying debt is discharged in the bankruptcy, if dischargeable, the debt will be permanently uncollectible

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