Certain dollar amounts in the bankruptcy code are adjusted every three years for changes in the cost of living. The next change will be April 1, 2010. 2010 Federal COLA adjustments
Topeka Attorneys Helping You Get The Fresh Start Only The Federal Bankruptcy Laws Can Give You
Author Archives: Jill Michaux, Topeka Consumer Bankruptcy Attorney
Chapter 13 Bankruptcy Debt Ceilings to Rise 7%
More people will be able to get help for their debt problems on April 1, 2010, when the chapter 13 debt limits increase about seven per cent.
$360,475 of unsecured debt
$1,081,400 of secured debt
These numbers are the caps on the amount of debt an individual may have and be eligible for chapter 13 bankruptcy. The ceilings apply [...]
Bankruptcy Means Test Meaner as Family Incomes Drop
As the economy worsens, unemployment rises and family incomes are dropping, getting bankruptcy help gets a little tougher.
The bankruptcy income guidelines go down a few hundred dollars for Kansas cases filed on or after March 15, 2010. While this change probably won’t disqualify many debtors, the downward trend is disturbing and more evidence the means [...]
More Free Tax Filing Help
VITA volunteers will help people earning less than $49,000 per year with their tax return filing at two Topeka locations.
It will be offered at the Topeka and Shawnee County Public Library, 1515 S.W. 10th, Tuesdays 6 to 8:30 p.m., Thursdays 3 to 8:30 p.m. and Saturdays 1 to 4 p.m. through April 15.
Another site will [...]
Get Your Taxes Prepared Free
(Topeka) — Starting Monday, January 25, free E-File income tax preparation is available on the first floor of the Docking State Office Building, 915 SW Harrison Street, Room 158, Topeka. The assistance site is a partnership of the Kansas Department of Revenue and the Internal Revenue Service’s VITA (Volunteer Income Tax Assistance) Program.
The site is [...]
Bankruptcy Dismissed for No Tax Returns
DISMISSAL FOR FAILURE TO FILE RETURNS MANDATORY UPON
MOTION
In re McCluney, Case No. 06-21175
June 2007, Judge Somers
The Court sustained a motion to dismiss by the IRS for failure to file pre petition tax returns as required under the new 1308 provision. This is not an “automatic dismissal” provision, but once the motion was filed, Judge Somers [...]
Gap Insurance, Warranty Not PMSI
“TRANSFORMATION” RULE AND NEGATIVE EQUITY DISCUSSED; GAP
INSURANCE, SERVICE CONTRACT NOT PART OF COLLATERAL
In re Miller, Case No 08-40935
December 2008, Judge Karlin
Debtor sought, and was permitted, to pay only the cost of the car, rather than cost plus other charges. Court did not rule on whether certain fees not adequately addressed by either side were part [...]
Negative Equity
NEGATIVE EQUITY ISSUE NOT RULED UPON IN 1327 CASE
In re Kuhasz, Case No. 07-20282
November 2008, Judge Somers
Court noted split within the district. Judge Karlin excluded negative equity from PMSI claim in In re Padgett, 389 BR 203, while Judge Nugent included it. In re Ford 387 BR 14827 but declined to rule on the issue [...]
What Is Business Use of Vehicle?
BUSINESS USE MUST BE “SIGNIFICANT” TO ESCAPE 910 FULL PAYMENT
In re Wilson, Case No. 06-40637
December 2006, Judge Karlin
Debtor sought to avoid the full payment requirement of the 910 car loan provision. Debtors were using the vehicles in question for personal and business use, as they served as foster parents. The court followed Lowder and Bolze. [...]
Creditor Gets Deficiency Claim After Collateral Surrender
10th CIRCUIT ‘RULES’
In re Rule, Case No. 06-22145
July, 2008, Judge Berger
Judge Berger followed In re Ballard 526 F. 3d 634 (10th Cir. 2008), in finding that a 910 car loan may have a deficiency balance after sale of the vehicle.
Cramdown of Daughter’s Car Bad Faith
CAR OWNED BY CHILD CAN BE CRAMMED DOWN BUT NOT GOOD FAITH
In re Lewis, Case No. 06-20027
August 2006, Judge Somers
The vehicle the debtors proposed to cramdown in the plan was found to belong to the daughter, even though titled to debtors. Daughter made the payments. However, the Court found that the plan was not filed [...]
910 Car Claims Get Interest
SURRENDER IN FULL SATISFACTION OF 910 AND PAYMENT IN FULL
WITH NOT INTEREST NOT ALLOWED
In re McClay, Case No. 07-20106
October 2008, Judge Berger
910 vehicle case. Plan provided for payment of full debt with no interest and option to surrender in full satisfaction. This was found to be an attempt to modify prospectively and Court opined that [...]
How Much Is My Attorney Paid to Defend Dismissal?
WICHITA NO LOOK FEE FOR DEFENDING MOTIONS TO DISMISS MAY BE $350.00
In re Kiser, Case No. 06-11453
January 2009, Judge Nugent
Debtor filed a motion to modify plan to increase monthly payment and to pay attorney fees of $500.00. Court allowed $400.00. Judge Nugent quoted Judge Karlin in Beck in supporting its conclusion that a presumptive fee [...]
How Much are Chapter 13 Bankruptcy Fees in Topeka?
13 ATTORNEY FEES IN TOPEKA
In re Beck, Case No. 06-40774
February 2007, Judge Karlin
This case should be read in conjunction with the later rendered Professional Fee and Expense Guidelines in Bankruptcy Cases of Judge Karlin. Based upon 330, the evidence and the Johnson factors, the presumptive fee for below the line debtors is $2800 and $3300 [...]
How Much Are Chapter 13 Bankruptcy Fees in Wichita?
13 ATTORNEY FEES IN WICHITA
In re Mayer, Case No. 06-10013
October 2006, Judge Nugent
This is Judge Nugent’s fee decision. The “presumptive” fee in Wichita is $2500, without prejudice to fee applications, based upon the language of 330, testimony and the various factors recited.
Digest by: Jan Hamilton, Trustee
What Is Personal Use of Vehicle for 910 Claim?
PERSONAL VS. BUSINESS USE FOR 910 CAR CLAIMS
In re Lowder, Case No. 05-44802
August 2006, Judge Karlin
Creditor objected to confirmation as debtor sought to avoid the 910 car loan restriction by arguing that she used the car to get to and from work and, therefore, not “personal”. Debtor contended that Toyota is entitled to no interest. [...]
Is Force Placed Insurance Part of 910 Vehicle Claim?
COST OF FORCED PLACED INSURANCE IS PART OF PMSI FOR 910 VEHICLE
In re Townsend, Case No 07-20956
April 2008, Judge Somers
Noting that BAPCPA does not define PMSI but that the phrase is a term of art under the UCC, the Court found that under Missouri law, 9-103 governs and forced place insurance falls within the Missouri [...]
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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
lawyers@neismichaux.com
Board Certified in
Consumer Bankruptcy Law
by the American Board of
Certification