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 [...]
Topeka Attorneys Helping You Get The Fresh Start Only The Federal Bankruptcy Laws Can Give You
Category Archives: Filing Bankruptcy
Chapter 13 Bankruptcy Debt Ceilings to Rise 7%
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 [...]
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
No Counseling for Involuntary Bankruptcy
INVOLUNTARY DEBTOR NOT REQUIRED TO OBTAIN PRE PETITION
COUNSELING
In re Sims, Case No. 08-41668
January 2009, Judge Karlin
109(h) pre petition counseling requirements do not apply to an involuntary debtor.
Digest by: Jan Hamilton, Trustee
Do I Have to Pay My Creditor’s Attorneys Fees?
2016 APPLICATIONS BY CREDITORS
In re Loy, Case No. 07-41333
December 2007, Judge Karlin
This case contains a discussion of the various issues that are to be considered by court and counsel in the context of a 2016 application by a creditor. This same issues present themselves in proofs of claim issues pertaining to attorney fees.
Digest by: Jan [...]
No Credit Counseling Certificate, No Bankruptcy
109(h) CREDIT COUNSELING NOT OBTAINED WITHIN 180 DAYS IS FATAL
In re Gaddis, Case No. 07-40476
June 2007, Judge Karlin
Chapter 7 case dismissed for failure to comply with 109(h), in that the credit counseling was not obtained within 180 days of the date of filing. No statutory exception was alleged. Debtor is simply not eligible to obtain [...]
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).
Should My LLC or Small Corp File Bankruptcy?
Should my LCC or small corporation file bankruptcy? Usually not. The general rule of thumb is that single owner corporations or limited liability companies should not file bankruptcy.
Occasionally, there is a benefit to filing bankruptcy for a small corporation, such as recovering a preference to pay priority trust fund taxes the owner owes personally. The [...]
Should I File Bankruptcy Now?
Should I File Bankruptcy?
Bankruptcy-It Could Happen to Anyone
Divided We Fail
Medical Bills Bankruptcy Americans
How Can I Afford to File Bankruptcy?
How can I afford to file bankruptcy?
If I can’t pay my bills, how can I afford to pay my bankruptcy attorney?
If I can’t pay my bills, how can I afford to pay my bankruptcy attorney? Part Two
Representing yourself
How much does bankruptcy cost?
Cost of filing bankruptcy
I Feel So Guilty Filing Bankruptcy
People seeking debt relief often feel guilty about filing for bankruptcy. We are raised to pay our debts and conditioned to feel bad when we can’t. In fact, people will go to extreme measures, such as depleting the retirement account, to avoid bankruptcy.
When you can’t pay your bills because your credit card lenders have raised [...]
Why Did They Stop Sending My Mortgage Statements After Bankruptcy?
Most home mortgage lenders who send monthly statements to their borrowers will stop sending statements once a bankruptcy is filed. They will stop withdrawing automatic payments form your bank account. They claim sending the statements and withdrawing your funds might be seen as a violation of the bankruptcy automatic stay on collection and they [...]
U.S. Supreme Court Takes Topeka Bankruptcy Case
A Topeka, Kansas, consumer bankruptcy case is pending in the U.S. Supreme Court. It involves the Topeka chapter 13 trustee objecting to Stephanie Lanning’s bankruptcy plan.
Lanning had taken a buyout and left her job at Payless Shoesource. She was working at Joann’s Fabrics for less money when her bankruptcy was filed.
When Lanning took the bankruptcy [...]
What Is Required to Confirm My Chapter 13 Bankruptcy Plan?
11 U.S.C. § 1325. Confirmation of plan
(a) Except as provided in subsection (b), the court shall confirm a plan if—
(1) The plan complies with the provisions of this chapter and with the other applicable provisions of this title;
(2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, [...]
Means Test Allowances
U.S. Trustee on means testing
national expense_standards for means test
Kansas housing charts for means test
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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