The National Consumer Law Center (NCLC) has created an online Bankruptcy Mortgage Project Website for courts, trustees, attorneys, mortgage servicers, academics, and consumers in the bankruptcy community. It organizes and provides access to more than 500 local rules, forms, general orders, and court opinions addressing a variety of mortgage issues in consumer bankruptcy cases across…
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Category Archives: Mortgages
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…
Cram Down Value Used for Means Test in Wichita Bankruptcies
A DEBTOR MUST USE THE STRIPPED/CRAMMED DOWN AMOUNT FOR PURPOSES OF CURRENT MONTHLY INCOME (CMI) ON LINE 47 OF B22C In re Hoss, Case No. 08-10365 In re Arroyo, Case No. 07-12779 August 2008, Judge Nugent In above median income (AMI) cases, debtors sought to deduct contract payments, rather than the stripped off/crammed down amounts….
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…
What Is Collateral in Bankruptcy?
Collateral: The property that is subject to a lien. A creditor with rights in collateral is a secured creditor and has additional protections in the Bankruptcy Code for the claim secured by collateral. The measure of the secured claim is the value of the collateral available to secure the claim: it is possible to have…
Kansas Home Foreclosures Up 40%
The home mortgage foreclosure crisis got dramatically worse in Kansas in July, August and September 2009. RealtyTrac, a California company that tracks foreclosures, reports 3,402 foreclosure filings in Kansas during the third quarter, an increase of almost 40%. The Kansas foreclosure rate is below the national average of one in every 136 households. The foreclosure…
Foreclosure Truth: Few Getting Help
As of 9/1/2009, only 1,711 permanent loan modifications 1.26% trial modifications made permanent 1 in 8 mortgages in default or foreclosure foreclosure delayed, not avoided 10-12 million foreclosures predicted 50% mortgages will be underwater if problem not solved
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 their home. *…
Watch Out for Mortgage Modification Scams
Watch out for all the mortgage modification scams out there preying on good people who desperately want to keep their home mortgage out of foreclosure. Many of the mortgage brokers who formerly got people into subprime loans are now calling themselves mortgage modification agents. “You should not have to pay someone to help you with…
Can They Take My Home Away from Me if I File Bankruptcy in Kansas?
Kansans in financial distress often ask, “Will I will lose my home if I file bankruptcy?“ The simple answer is that most Kansans do not lose their home if they file for bankruptcy. We are lucky in Kansas to have a homestead law that protects one acre of land in the city and 160 acres…
Bankruptcy: Mortgage Meltdown Melodrama at Attorney Seminar
Mortgage Meltdown Melodrama – Tied to the Railroad Track: A Story of Villains, Heroes, and Happy Endings will be featured at the 20th annual conference of the Kansas Women Attorneys Association in Lindsborg in July. Kansas Chief Bankruptcy Judge Robert Nugent, Chapter 13 Standing Bankruptcy Trustee Laurie Williams and Chapter 7 Interim Trustees Patricia Hamilton…
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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
Email: lawyers@neismichaux.com Website: www.neismichaux.com
Board Certified in
Consumer Bankruptcy Law
by the American Board of
Certification -
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