CONVERSION CONFUSION
In re Fry, Case No. 04-16887
October 2008 Judge Nugent
Debtor converted from 13 to 7 and then learned she was not eligible for a 7 and attempted to converted back to 13. Case dismissed as an “end run” around 7 discharge.
Digest by: Jan Hamilton, Trustee
Topeka Attorneys Helping You Get The Fresh Start Only The Federal Bankruptcy Laws Can Give You
Category Archives: Chapter 7
Reconversion Fails, No Discharge Bankruptcy Dismissed
Tax Refunds to Attorney Fees then Bankruptcy Trustee
TAX REFUND ASSIGNMENTS AND CHAPTER 7
In re: Sydmark, Case No. 06-41218
In re: Black-Watkins, Case No. 05-42439
June, 2008, Judge Karlin
Lamie v. US and Redmond v. Lentz, Hodes and Wagers redux. Assignment of a tax refund does not divest the estate of an interest in them, even though UCC1 was filed. In a Chapter 7 case, refunds, [...]
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
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 Chapter 7 Bankruptcy?
Chapter 7 Bankruptcy: The most common form of bankruptcy, a Chapter 7 case is a liquidation proceeding, available to individuals, married couples, partnerships and corporations. More in Bankruptcy Basics.
Video: What Happens at My Bankruptcy Hearing?
Watch what happens at a bankruptcy meeeting of creditors, also known as your 341 hearing.
Why will they ask me at my bankruptcy meeting?
Video: How Do I File for Bankruptcy?
How to Get Started Filing for Bankruptcy
How to Get Your Bankruptcy Certificate from a Credit Counselor
Documents to Gather for Your Bankruptcy Attorney
Video: What are the Types of Bankruptcy?
Types of Bankruptcy
There are three main types of bankruptcy cases for individuals, the most common of which are chapter 7 and chapter 13.
Running Time: (3:55)
What Will the Trustee Ask Me at My Bankruptcy Hearing?
Here are the standard questions that the bankruptcy trustee asks debtors at chapter 7 and chapter 13 bankruptcy hearings also called a meeting of creditors or a 341 hearing. The bankruptcy trustee is required to ask all debtors the first group of questions. The second group of questions are suggestions at the trustee’s discretion. These [...]
What Would Jesus Say About Debts and Bankruptcy?
The Old Testament teaches the legal and moral obligation to pay just debts must be balanced with compassion and a call for cancellation of debts. Jesus promoted debt forgiveness and preached the importance of placing love and compassion above greed and wealth.
In Luke 6:34-35, Jesus said: “And if you lend to those from whom you [...]
Should I Reaffirm Department Store Credit Cards?
Some department store credit cards may be secured. The things you buy with the credit card may be collateral. The store might tell you that they will repossess what you bought, such as a TV, washer, or sofa, if you do not reaffirm the debt. Most of the time, stores will not repossess used merchandise. [...]
Should I Reaffirm Credit Cards?
It is almost never a good idea to reaffirm a credit card. Reaffirming means you will pay bills that your bankruptcy would normally wipe out. That can be a very high price to pay for the convenience of a credit card. Try paying cash. Then in a few years, you can probably get a new [...]
Debtors Arrested for Ignoring Bankruptcy Court Orders, Spending Tax Refunds
Spending a tax refund that belongs to a bankruptcy estate or ignoring court orders may get you arrested by the U.S. Marshals Service and brought before the bankruptcy judge for contempt of court.
The moral of the story is don’t spend your tax refunds without talking to your bankruptcy lawyer first to make sure they are [...]
What Else Must I Do to Complete My Case?
After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete.
Many of the course providers give you a choice to take the course in-person at a designated location, over the Internet (usually by watching a video), or over the telephone.
Your attorney can give [...]
Will I Have to Go to Bankruptcy Court?
In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and [...]
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 [...]
What Property Can I Keep?
In a chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors.
It is important to check the exemptions that are available in the state where you live. (If you moved to your current state from a different state within two years before your bankruptcy filing, you [...]
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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