Neis & Michaux, P.A.  −  534 S. Kansas Ave., Suite 825, Topeka, KS 66603-3445
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About Jill Michaux

Jill Michaux is a consumer bankruptcy attorney in Topeka, Kansas. She has helped people get a fresh start for 30 years. Call her today at 785-354-1471!

About Jill Michaux

Jill Michaux is a consumer bankruptcy attorney in Topeka, Kansas. She has helped people get a fresh start for 30 years. Call her today at 785-354-1471!

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Here are my most recent posts

Kansas Attorney Disbarred for Mortgage Modification Scam

Posted on July 13, 2012 Written by

The Kansas Supreme Court disbarred attorney Tracy D. Weaver of Overland Park today for running a mortgage modification scam.

“Respondent took money from thousands of distressed and vulnerable mortgagors; he gave most of that money to nonlawyers and did nothing on behalf of the mortgagors; and then respondent refused to refund the fees to the dissatisfied clients as his advertisement had promised. Disbarment is the appropriate sanction.”

Read the opinion of the Court in In the Matter of Tracy D. Weaver, Respondent, No. 107,313, July 13, 2012.

Filed Under: Foreclosure, Mortgages

Bankruptcy Copy Fees Up 25%

Posted on April 1, 2012 Written by

Fees to download bankruptcy documents from the federal court increased 25% to 10 cents per page today. The fee is capped at $2.40 per document, there is no fee for access to court opinions, and fees are waived for users who incur less than $15 of use in a quarterly billing cycle.

All documents with the bankruptcy court are filed electronically using the Court’s case management electronic case filing (CMECF) computer sosftware. As each document is uploaded to the Court, it is docketed and an index of documents and events is created for the case. A copy of the filing is automatically sent to all the attorneys involved in the case and to interested parties who have requested notice. Individual documents can be downloaded by clicking on the hyperlinks in the case dockets.

You must have an account with the federal judicial system’s Public Access to Court Electronic Documents (PACER) system to download documents. You will log in to PACER to view the document or docket report links in the emails you receive and the fees will be assessed to your account.

Some courts allow PACER users to monitor cases by email via an RSS feed.  To learn if your bankruptcy court has implemented RSS, go to the PACER website and click on the RSS feed information. Kansas bankruptcy court does not yet offerRSS service.

 

Filed Under: Bankruptcy News

When Will My Underwater House Break Even?

Posted on March 31, 2012 Written by

Bankruptcy clients often wonder if they should keep their home when the mortgage balance is more than they can sell the real estate for.  Their heart says keep the home, their head says don’t — once they have the facts.

Here is a simple calculator from my friend, Cathy Moran at the Consumer Ledger, to estimate when an underwater house will be worth what is now owed.  Shocking!

Filing bankruptcy is an option that allows you to get out from under the mortgage debt but only if you give up the house.  As Jay Fleischman tells us on Bankruptcy Law Network, you don’t get a free house when you file for bankruptcy. Jed Berliner (a KU graduate) reminds us bankruptcy is not the end of the story — it is not so simple to give back the house to the mortgage company.

Filed Under: Foreclosure, Mortgages

Can I File Bankruptcy Again?

Posted on October 2, 2011 Written by

You have filed a bankruptcy before and now you need help with your debts again.  You are wondering when you can file a bankruptcy again and if you can get a discharge of your debts in the new bankruptcy case.

To determine if you can get a discharge in a subsequent bankruptcy, you should follow the 2 – 4 – 6 – 8 rule.  You count from the filing date of the old petition to the filing date of the new petition.

                                     2 years between 13s –1328(f)(2)

                                     4 years between an old 7 and a new 13  –1328(f)(1)

                                     6 years between an old 13 and a new 7  –729, 727(a)(9)

                                     8 years between 7  –727(a)(8)

Thanks to my blogging colleague from Bankruptcy Law Network, attorney Andy Miofsky of Southern Ilinois, who coined the term 2 -4 -6 – 8 rule.

Photo credit: AttributionNo Derivative Works Some rights reserved by DougitDesign.com / Doug Aghassi

Filed Under: Bankruptcy Laws, Discharge, Financial Help

Bankruptcy Court Costs Going Up

Posted on October 2, 2011 Written by

Miscellaneous fees in the U.S. Bankruptcy Courts increase again on November 1, 2011.  The filing fee to initiate a bankruptcy case is not changing.

Debtors will have to pay $30 to amend schedule d, e, f, g, or h, up from $26.  Creditors will have to pay $176 to file a motion to lift the automatic stay, up from $150.

Other fee increases:

  • Certification $11 from $9
  • Exemplication $21 from $18
  • Record Search $30 from $26
  • Document Filing / Indexing $46 from $39
  • Title 11 Administrative Fee $46 from $39
  • Record Retrieval $53 from $45
  • Returned Check $53 from $45
  • Notice of Appeal $293 from $250

Statutory authority for the bankruptcy court fees is 28 U.S.C. 1930.

Image Credit: AttributionShare Alike Some rights reserved by RangerRick

Also published in Bankruptcy Law Network.

Filed Under: Bankruptcy News, Filing Bankruptcy

Court Stops Mailing Claim Forms to Creditors

Posted on September 7, 2011 Written by

To save money, the U.S. Bankruptcy Court in Kansas has stopped sending blank proof of claim forms to all creditors with notice of every new bankruptcy case filing.

Proof of Claim forms can be obtained at the U.S. Courts web site, the Kansas bankruptcy court website or at any bankruptcy clerk’s office.

 

Photo Credit:  balance by William Hoffman

 

Filed Under: Bankruptcy News

Can I Owe Too Much for Chapter 13 Bankruptcy?

Posted on June 19, 2011 Written by

Chapter 13 bankruptcy is officially called an adjustment of debts for individuals with regular income.  This relief is limited to people who have debts under the limits, but you have to owe a lot of money before you become ineligible.

What are the current chapter 13 bankruptcy debt limits?  As of April 1, 2010, the chapter 13 debt limits increase about seven per cent to $360,475 of unsecured debt and $1,081,400 of secured debt

As of April 1, 2007, under § 109(e) Eligibility for Chapter 13, unsecured liquidated debt, increased from $307,675 to $336,900; secured liquidated debt, from $922,975 to $1,010,650.  Chapter 13 debt limits.

These limits change every three years.  The next change will be April 1, 2013.

If you are not eligible for chapter 13 bankruptcy, you might be eligible to get help under another chapter of the bankruptcy code.

Photo Credit: Attribution Some rights reserved by neil alejandro

Filed Under: Chapter 13

Alternatives to Filing Bankruptcy

Posted on June 1, 2011 Written by

 

Debt Settlement Scams

You are an honest person. You are desperate to find a way to pay your bills, but your paycheck just doesn’t stretch far enough.  You are robbing Peter to pay Paul.

You see commercials on TV and the Internet promising to solve your financial problems. Your guts tell you the “solution” is too good to be true, but you go against your instincts.

You were right! It is too good to be true!

Most of the debt settlement companies you see on TV or the Internet are illegal. Only a Kansas attorney or a credit services organization approved by the Office of the Kansas State Bank Commissioner can legally perform debt management services for a Kansas consumer. About 30 companies are approved. Most are not.

It is illegal for an unlicensed company to charge you a fee to take your money, hold it in escrow, not pay your creditors, then, once the debts are unpaid and delinquent for months, offer your creditors a partial lump sum settlement of the debt. These are debt settlement scams!

I posted about the Kansas consumer protection law on the Credit Law Network and the Bankruptcy Law Network.

Don’t despair. If you are paying an illegal debt settlement company, you might be able to get your money back. We can help you stop the automatic withdrawal from your bank account. We can demand a refund for you.

Legitimate Debt Management Plans

If you able able to pay your bills back through a debt management plan, contact Kansas consumer credit counseling services. Don’t send your hard earned money to out of state strangers you find on TV and Internet!

Housing and Credit Counseling, Inc., in Topeka, Lawrence and Manhattan

Consumer Credit Counseling Service, Inc., in Salina and Wichita

These two agencies can help you analyze your realistic ability to pay and can give you a frank assessment of your likelihood of success. They might be able to get creditors to voluntarily reduce interest, stop late fees and reduce monthly payments, but they probably won’t be able to get creditors to take less than you owe. Creditors cannot be forced to participate in a plan. Some creditors refuse. If you are lucky enough to have creditors who will cooperative, and you can pay your debts back at a`monthly rate you can afford, and you will have the bills paid off in a reasonable period of time, then you should consider a debt management plan through a Kansas credit counselor.

But if your creditors won’t agree to a debt management plan or the plan leaves you insufficient money to pay your necessities such as your housing, food, health care and transportation, you should consider filing for bankruptcy. You can expect these Kansas agencies to be be honest with you, even when they have to give you the bad news that a debt management plan won’t work for you. Both agencies are approved by the U.S. Trustee to issue bankruptcy certificates.

 

Image Credit: Attribution Some rights reserved by Mykl Roventine

Filed Under: Bad Outcomes, Fraud, Bankruptcy Crimes, Filing Bankruptcy Tagged: , , ,

341 Meeting: What Will They Ask Me?

Posted on May 30, 2011 Written by

Questions the Trustee is required to ask you at your bankruptcy hearing called a 341(a) meeting of creditors:

1. State your name and current address for the record.

2. Please provide your picture ID and Social Security number card for review.

3. Did you sign the petition, schedules, statements, and related documents and is the signature your own? Did you read the petition, schedules, statements, and related documents before you signed them?

4. Are you personally familiar with the information contained in the petition, schedules, statements and related documents? To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct? Are there any errors or omissions to bring to my attention at this time?

Watch a short video of a typical 341 hearing.

5. Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?

6. Have you previously filed bankruptcy? (provide trustee with case number and the discharge information to determine discharge eligibility in this case)

7. What is the address of your current employer?

8. Is the copy of the tax return you provided a true copy of the most recent tax return you filed?

9. Do you have a domestic support obligation? To whom? Please provide the claimant’s address and telephone number, but do not state it on the record. Are you current on your post-petition domestic support obligations?

10. Have you filed all required tax returns for the past four years?

SAMPLE QUESTIONS THE TRUSTEE MAY ASK YOU

1. Do you own or have any interest whatsoever in any real estate? If owned: When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value ofthe property to be? Is that the whole value or your share? How did you arrive at that value? If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?

2. Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)? If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?

3. Does anyone hold property belonging to you? If yes: Who holds the property and what is it? What is its value?

4. Do you have a claim against anyone or any business? If there are large medical debts, are the medical bills from injury? Are you the plaintiff in any lawsuit? What is the status of each case and who is representing you?

5. Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death? If yes: PIease explain the detaiI s. If you become a beneficiary of any one’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive. FRBP 1007(h)

6. Does anyone owe you money? If yes: Is the money collectible? Why haven’t you collected it? Who owes the money and where are they?

7. Have you made any large payments, over $600, to anyone in the past year?

8. Were federal income tax returns filed on a timely basis? When was the last return filed? Do you have copies ofthe federal income tax returns? At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government ? If yes: Inquire as to amounts.

9. Do you have a bank account, either checking or savings? If yes: In what banks and what were the balances as of the date you filed your petition?

10. When you filed your petition, did you have:

a. any cash on hand?
b. any U.S. savings bonds?
c. any other stocks or bonds?
d. any certificates of deposit?
e. a safe deposit box in your name or in anyone else’s name?

11. Do you own an automobile? If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?

12. Are you the owner of any cash value life insurance policies? If yes: State the name ofthe company, face amount of the policy, cash surrender value, if any, and the beneficiaries.

13. Do you have any winning lottery tickets?

14. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?

15. Have you been engaged in any business during the last six years? If yes: Where and when? What happened to the assets of the business?

Source: Executive Office of U.S. Trustee, Handbook for Standing Trustees.

Read more: http://bankruptcykansas.info/will-they-ask-me/#ixzz1MRyssLCT


Photo Credit: Attribution Some rights reserved by Joe Shlabotnik

Filed Under: Chapter 13, Chapter 7, Filing Bankruptcy Tagged: , , , ,

What To Bring Your Bankruptcy Attorney

Posted on May 16, 2011 Written by

Please print out this list of documents to compile. Bring these documents to your attorney at the Topeka Bankruptcy Law Office.  Always bring us copies and keep the originals for yourself.

Your Appointment    Date: ____________ Time: ________

With Attorney:  __________ Mark Neis __________ Jill Michaux

Documents You Need to Bring to Your Attorney Meeting

Please bring these documents to our office when you come to meet with us. Do your best to find these papers. It is very important that you bring these items with you. We know it is difficult to come up with all these documents, but, unfortunately, we cannot file your case without this information. If you are missing documents, please call us at 785-354-1471 to see if there is a work around.

_____ Certificate of Credit Counseling and worksheets if you have already done this.  If you have not done this, please wait and discuss this step with us.  We will assist you.  Credit counseling must be done before the bankruptcy case is filed.

_____ Bills and statements from ALL creditors, including your living expenses, whether or not you want to pay them or discharge in the bankruptcy. We must know about all creditors including your friends and relatives and your friendly creditors.

_____ Pay stubs from all employers and proof of any other income for the last seven (7) months.

_____ Bank statements for all accounts for past seven (7) months.

_____ Federal and state tax returns for last four (4) years (2007, 2008, 2009, 2010).

(Do not spend any tax refunds without our assistance.)

We must have a copy of 2010 and 2011 federal and state returns with all attachments. We can accept transcripts from IRS and State of Kansas if you have filed your returns but don’t have copies.  You may get free transcripts from the IRS.   Taxpayer Assistance at Docking State Office Building in Topeka will provide printouts for state returns.  If you have not filed tax returns for 2002 through 2011, you will need the original returns with W2s or 1099s,  or proof that you are not required to file federal or state income tax returns. Both IRS and State of Kansas will check your history for unfiled returns.  Your bankruptcy case will be dismissed if returns are not filed.

_____ Deeds, promissory notes, mortgages, purchase papers, property tax statements, or contracts on any real estate you own or are buying with approximate payoff amount.

_____ Registrations or titles for all vehicles and proof of insurance showing coverage and lender as loss payee.

_____ Notes, retail installment contracts from banks, credit unions, finance companies or other lenders including pay day loans and car title loans. Also, any security agreements, purchase papers, leases or other documents listing your property as collateral for the purchase of cars, furniture, mobile homes, other personal property, rent to own or cash loans.

______ Liens on any property

______ Divorce decrees, property settlement agreements, child support orders or other domestic lawsuit documents, prenuptual and postnuptual agreements, and the current name and address of the other person in those lawsuits and agreements, amount due if you owe.

______ Statements for life insurance policies that have a cash value and annuities. You do not need to bring term life policies.

______ Judgments or court orders entered against you or in your favor. Garnishment papers.

______ Executory contracts, leases, contracts for sale or deed and lease-purchase contracts or rent-to-own agreements.

______ Statement for your IRA, Roth IRA, 401(k) or 403(b) plan, profit sharing plan, KPERS, tax sheltered annuity or other retirement plan.  Promissory note for any loans against your retirement plan.

______ Your government issued photo ID

______ Proof of your Social Security number (SS card, W2, 1099, pay stub, health card)

______ Credit reports you already have.

______ $68 for individuals and $87 for couples if you are doing your credit counseling through Hummingbird or $35 if you are doing your credit counseling through CFEFA, individual or couple.

______ $20 for individuals and $40 for couples for credit reports we run.  We run credit reports even if you have already done so.

______ Trusts you own or are the beneficiary of.

______ If you have lived outside the State of Kansas in the past five years, please bring a list of dates and places you resided for the past five years.

______ Business records. Call us to discuss what documents will be needed for your business. At a minimum, we will need business tax returns, bank statements, asset lists and values, creditor lists, monthly income and expense figures for the previous seven months and the current tax year, stock, and ownership documents.

______ Prior bankruptcy case information, date filed, case number, type of case, whether discharge granted, any papers you have.

______ Documentation of any property in your name that belongs to someone else or any property that belongs to you in the name of someone else.

______ Documentation for any property you have sold, transferred, given away,  pledged or put in someone else’s name in the past 10 years.

Neis & Michaux, P.A.
Bankruptcy Law Office
534 S. Kansas Ave., Ste. 825
Topeka, KS 66603
785-354-1471
785-354-1170 fax
lawyers@neismichaux.com

 

Image Credit: Attribution Some rights reserved by Alan Dean

Filed Under: Filing Bankruptcy Tagged: , , ,
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