INTENTIONAL DESTRUCTION OF COLLATERAL?
In re Murrow, Case No. 07-41061
March 2008, Judge Karlin
Creditor was give an additional time to amend its complaint. Debtor took the 5th but the intimation of the discussion in the decision is that debtor likely intentionally destroyed the vehicle but insufficient facts were alleged.
Digest by: Jan Hamilton, Trustee
Topeka Attorneys Helping You Get The Fresh Start Only The Federal Bankruptcy Laws Can Give You
Category Archives: Bad Outcomes, Fraud, Bankruptcy Crimes
What If Debtor Destroys Collateral?
Debtor May Be Converted to 7 with No Discharge
DEBTORS MAY BE CONVERTED TO 7 EVEN THOUGH NOT ELIGIBLE FOR
7 DISCHARGE
In re Rogers, Case No. 08-21487
January 2009, Judge Somers
In a case in which assets may be liquidated, a 13 may be converted to a 7 even though debtors may not be eligible for a 7 discharge.
Digest by: Jan Hamilton, Trustee
Foreclosure No Excuse for No Credit Counseling Before Bankruptcy
FAILURE TO OBTAIN CREDIT COUNSELING—EXIGENT
CIRCUMSTANCES
In re Thomas, Case No. 06-10242
March 2006, Judge Nugent
Pro se case dismissed for failure to obtain credit counseling. Certificate of exigent circumstances which recites pending foreclosure insufficient, case dismissed. 109(h)(1).
What Documents Do I Need for a Bankruptcy Audit?
One in 1000 bankruptcy cases are randomly selected by the U.S. Trustee for audit. When that happens, the debtor is sent a letter requesting copies of the following documents:
Payment advices [paystubs] from an employer covering the six calendar months preceding the date of filing for the debtor and the debtor’s spouse.
Federal income tax returns, with [...]
What are Bankruptcy Avoidance Powers?
Avoidance powers: Rights given to the bankruptcy trustee (or the debtor in possession in a Chapter 11) to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. More on preferences.
What is an Bankruptcy Adversary Proceeding?
Adversary proceeding: A lawsuit filed in the bankruptcy court which is related to the debtor’s bankruptcy case. Examples are complaints to determine the dischargeability of a debt and complaints to determine the extent and validity of liens.
Video: What are Bankruptcy Crimes?
Examples of bankruptcy crimes:
Fraudulent transfer of assets
Hiding property from the bankruptcy trustee
Making false statements in bankruptcy
Disobeying a bankruptcy court order
Video: Bankruptcy Won't Help With These Debts
What Is NOT Discharged in Bankruptcy Video: Running Time 4:34
Child support, alimony
Student loans
Most federal and state income taxes
Employer payroll taxes and sales taxes
Loans obtained by fraud or false pretenses
Liens on property such as homes and cars
Foreclosure Prevention Toolkit
FDIC has published this online took kit to help homeowners prevent unnecessary foreclosures and stop foreclosure “rescue” scams that promise false hope to consumers at risk of losing their homes.
* Is Foreclosure Knocking at Your Door? This brochure explains how mortgage modification programs can help those at risk of foreclosure save [...]
Debt Settlement Company Files Bankruptcy, Leaves Consumers in the Lurch
The debt settlement company, Debt Relief USA of Addison, TX, which several of my clients have had the unfortunate experience of signing up with, filed for Chapter 11 bankruptcy relief today in Dallas with about $5 million in debts owed to thousands of consumer debtors it was supposed to be helping. They took in payments [...]
Bankruptcy Without Attorney is Bad Idea
Think again before you decide to represent yourself in bankruptcy. Bankruptcy is a technical area of law full of traps for the unwary. As the old saying goes a person who represents himself has a fool for a client.
Seriously, many people who have attempted to represent themselves in bankruptcy have gotten themselves into big trouble, [...]
7 Bankruptcy Mistakes to Avoid
The actions an individual takes leading up to filing bankruptcy can drastically affect his or her ability to get a “fresh start“. By avoiding these seven mistakes, one can travel successfully through the bankruptcy process without losing a pound of flesh.
1. THE CREDIT CARD RUN-UP MISTAKE:
Don’t use your credit cards once you have made your [...]
Can I Keep One Credit Card Out of My Bankruptcy?
Clients sometimes ask me if they can keep just one credit card out of the bankruptcy? They want to omit it from the bankruptcy paperwork and keep paying the credit card payments after the bankruptcy filing so they can have one credit line. Usually, this request is prompted by the fear of not having credit [...]
Tax Refund in Bankruptcy
Cathy Moran on the Bankruptcy Soapbox reminds us of an important asset in bankruptcy: tax refunds.
Your federal and state income tax refunds are property of the bankruptcy estate when you file bankruptcy in Kansas. That is true for all refunds you are entitled to receive on the date your bankruptcy is filed, which includes the [...]
Free Web Videos on Filing Bankruptcy
Free web videos on about filing for bankruptcy are now available on the federal court website:
Introduction
Types of Bankruptcy
Limits of Bankruptcy
Filing for Bankruptcy
Meeting of Creditors
Bankruptcy Crimes
Court Hearings
The Discharge
Legal Assistance
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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