Out of Date Means Test Income Guidelines New Income Guidelines After Halloween Here are the new Kansas means test income figures for cases filed on or after November 1, 2009: one earner household $41,357 (up $353) two person household $57,767 (up $1621) three person household $63,438 (up $193) four person household $72,610 (down $2016) add…
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Monthly Archives: December 2009
Who Are Creditors in Bankruptcy?
Creditor: The person or organization to whom the debtor owes money or has some other form of legal obligation.
What is Bankruptcy Conversion?
Conversion: Cases under the Code may be converted from one chapter to another chapter; for example, a Chapter 7 case may be converted to a case under Chapter 13 if the debtor is eligible for Chapter 13. Even though the chapter of the Code which governs it changes, it remains the same case as originally…
What is a Contingent Debt?
Contingent: Used to describe debts that are not fixed in right at the time, but are dependent on some other event happening to fix the liability.
What Is Consumer Debt in Bankruptcy?
Consumer Debt: Debts incurred by an individual for personal, family or household purposes. Taxes are not consumer debts; neither are business loans. The means test only applies to those with primarily consumer debt.
Timeshare Debt Allowed on Means Test, Adult Child Disallowed
MORE LINE BY LINES OF B22C In re Hays, Case No 07-41285 April, 2008, Judge Karlin 13 Trustee objections to debtor’s attempts to claim living expenses for non-dependent debtors as well as for secured debt on a timeshare. Court followed Law and disallowed adult child expenses. The Court allowed the debt on the timeshare to…
What Is Confirmation in Bankruptcy?
Confirmation: The court order which makes the terms of the plan for repayment of debts in a Chapter 11, 12 or 13 binding. The terms of the confirmed plan replace the prepetition rights of the debtor and creditor.
Local Bankruptcy Rules Changes Proposed
The U.S. Bankruptcy Court for the District of Kansas is taking written comments on Proposed Local Rules of Practice and Procedure until January 1, 2010. Interested persons, whether or not members of the bar, may submit comments on the Proposed Local Rules addressed to the Clerk of the United States Bankruptcy Court for the District…
Bankruptcy Time Counting Rules Changed
Among the time-computation amendments to the Federal Rules of Bankruptcy Procedure that will take effect on December 1, 2009, are changes to 12 rules that will result in a reduction by one day (from 15 to 14 days) of the time to take action. The affected rules are Bankruptcy Rules 1007, 1019, 1020, 2015, 2015.1,…
Nonworking Adult Son Not Counted in Household
B22C CASE, LINE BY LINE… In re Law, Case No. 07-40863 April 2008, Judge Karlin Court sustained 13 Trustee’s objection to confirmation as debtor included: adult son in household size, tax levy on Line 33 and duplicated it on Line 49 and unencumbered vehicle on line 28. The decision is a good analysis of the…
What Is Collateral in Bankruptcy?
Collateral: The property that is subject to a lien. A creditor with rights in collateral is a secured creditor and has additional protections in the Bankruptcy Code for the claim secured by collateral. The measure of the secured claim is the value of the collateral available to secure the claim: it is possible to have…
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Jill Michaux & Mark Neis
Attorneys at Law
Bankruptcy Law Office
Neis & Michaux, P.A.
825 Bank of America Tower
534 S. Kansas Ave., Ste. 825
Topeka, KS 66603-3446
T: 785-354-1471
F: 785-354-1170
Email: lawyers@neismichaux.com Website: www.neismichaux.com
Board Certified in
Consumer Bankruptcy Law
by the American Board of
Certification -
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