Cold Weather Rule Applies in Bankruptcy

The Cold Weather Rule protects Kansas residential utility customers who cannot fully pay their winter electric or gas bill from shutoff.  The Cold Weather Rule will be in effect from November 1 to March 31.

The Cold Weather Rule generally prohibits any disconnection of service when the local National Weather Service forecasts that the temperature will drop below 35 degrees or will be in the mid-30s or colder within the following 48 hours.  The rule applies to utilities regulated by the Kansas Corporation Commission such as Westar Energy and Kansas Gas Service.

How do you sign up?

  • If you can’t pay your entire bill, call your utility company to make pay arrangements:
    • Agree to pay 1/12 of the overdue amount of your bill, plus 1/12 of your current bill, all disconnection and connection fees, and agree to pay the remainder in equal payments over the next 11 months; or
    • Negotiate a payment plan to pay the overdue amount off quicker than 12 months.
  • Remember, you must also pay your full bills for new service you use while paying off the overdue amount.
  • Apply for federal, state, local or special funds for which you are eligible.
  • If you are behind in a previous payment plan and cannot catch up, you need to make a new payment agreement with the utility.
  • If you have illegally used service, you must pay for the value of the illegally used service.

What will the utility company do?

  • Utilities must inform you of the Cold Weather Rule payment plan as well as other payment plans available to you. Remember, under the Cold Weather Rule payment plans, you always have the option of spreading your payment over a total of 12 months.
  • Utilities must send written notice to customers 10 days before disconnection, plus make a phone call or personal contact the day before.
  • Utilities must tell customers about agencies that have funds to help pay utility bills.

Questions? 1.800.662.0027

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Pay Child Support or Lose Your Professional License in Kansas

PAY CHILD SUPPORT OR LOSE YOUR PROFESSIONAL LICENSE, INCLUDING YOUR LAW LICENSE

When a person who holds any kind of professional license or certification in Kansas owes past due child support equal to or greater than three months of child support and has failed, after reasonable opportunity, to comply with any payment plan, 2009 HB 2201 mandates that the court order noticesent to the support debtor’s licensing body. In the case of an attorney, the court is required to file a complaint with the disciplinary administrator in this state and/or any other state in which the attorney is licensed.

Once the licensing body gets notice, it must notify the support debtor within 30 days that it will suspend or withhold issuance or renewal of debtor’s license. It can then issue a temporary license that is good for up to 6 months to give the debtor a chance to comply. The sixth months can be extended an additional 30 days upon a showing of extreme hardship. The licensing body has no jurisdiction over anything related to the debt. Upon compliance, the license would be reinstated or renewed.

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What Does Charged Off Mean?

Charged Off: This is an accounting term that means the creditor does not expect to collect on the debt. It relates to the creditor’s taxes. It starts time periods under the Fair Credit Reporting Act. It does not mean that the debt is no longer legally enforceable.

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What is the Automatic Stay?

Automatic stay: The injunction issued automatically upon the filing of a bankruptcy case which prohibits collection actions against the debtor, the debtor’s property or the property of the estate. See Relief from Stay on terminating the injunction.

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Topeka Bankruptcy Attorneys Named 2009 Super Lawyers

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Mark Neis

Our attorneys at the Bankruptcy Law Office, Mark Neis and Jill Michaux, have been chosen for inclusion on the 2009 Missouri & Kansas Super Lawyers list.  Only five per cent of Missouri and Kansas attorneys are chosen each year.

Jill Michaux

Jill Michaux

The Super Lawyers selection process includes a statewide survey of lawyers, peer nominations based on 12 indicators of peer recognition and professional achievement, a blue ribbon panel review by practice area, independent research to identify outstanding lawyers, and a discipline check of candidates.

Mark and Jill were two of four Kansas lawyers selected as 2009 Super Lawyers in the consumer bankruptcy law category.  They are two of three Topeka lawyers selected as 2009 Super Lawyers in the bankruptcy and creditors rights law category.

Mark and Jill are the only consumer bankruptcy law specialists in Topeka and two of 10 in Kansas.  They are board certified by the American Board of Certification in consumer bankruptcy law.

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Video: Do I Need a Lawyer to File Bankruptcy?

You need a lawyer to file bankruptcy.  Without an attorney, you may lose your property and may not get your debts discharged by the bankruptcy.

You need a bankruptcy attorney to advise you:

  1. whether to file bankruptcy,
  2. what chapter to file,
  3. what exemptions to claim.

You expect a board certified specialist for your doctor.  Expect it for your lawyer, too.  Meet our attorneys.  Mark Neis and Jill Michaux are the only board certified consumer bankruptcy law specialists in Topeka and two of ten in Kansas.

Finding a Bankruptcy Attorney Outside Kansas

DIY Means Test Like Doing Your Own Surgery

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Retired, Broke, Bankrupt

The over-55 crowd is the mostly likely age group to declare bankruptcy, the AARP says.  This group is carrying mortgages, home equity loans and credit card balances.

According to an AARP study, over half of this group spends most of their income paying down debt.  A quarter of these folks pay over 75% of their income reducing debt.

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Video: Bankruptcy Basics Overview

Introduction to Bankruptcy

Running Time (2:38)

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Women & Money

An eight-week series of classes designed for women of all ages, regardless of income or financial education.  Learn from the experts about banking and credit, insurance, investing basics, investing for retirement and much more.

September 24 – November 12, 2009

6:00 to 8:30 p.m. on Thursdays

Washburn University - Topeka, Kansas

Registration is due September 15, and space is limited!  For more information, contact Marilyn Stanley at HCCI, Inc., 785-234-0217.

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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 from consumers and were supposed to be negotiating and settling debts.  The company was being investigated by the Federal Trade Commission and Attorneys General in several states.

This illustrates why the Kansas Legislature saw fit to outlaw debt settlement in Kansas except by licensed Kansas attorneys as part of their private law practice.  Debt settlement companies you find on the Internet or television advertising are not a viable alternative for resolving your financial problems.  Read good advice from my colleagues on the Bankruptcy Law Network, Wendell Sherk‘s “nine questions to ask a debt negotiator” and Steve Otto’s “billed as bankruptcy alternative, but are they really?”

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Income Tax Calculator

Here is an income tax calculator from the Internal Revenue Service. Remember, this doesn’t include Social Security (7.65% or 15.3% if self-employed), Medicare, or state income tax.  The IRS website includes a section for itemizing deductions.

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