As the economy worsens, unemployment rises and family incomes are dropping, getting bankruptcy help gets a little tougher.
The bankruptcy income guidelines go down a few hundred dollars for Kansas cases filed on or after March 15, 2010. While this change probably won’t disqualify many debtors, the downward trend is disturbing and more evidence the means [...]
Topeka Attorneys Helping You Get The Fresh Start Only The Federal Bankruptcy Laws Can Give You
Tag Archive: Jill Michaux
Bankruptcy Means Test Meaner as Family Incomes Drop
Bankruptcy Law Network Top 100 Blawg
American Bar Association Journal editors voted the Bankruptcy Law Network Top 100 Blawg for 2008. Our own Jill A. Michaux is one of 25 lawyers who blog on consumer bankruptcy topics for Bankruptcy Law Network, the most comprehensive online source for consumer bankruptcy information.
BLN authors also write for its sister sites: Mortgage Law Network, Credit [...]
GAP Insurance Not In Car Lender's PMSI
GAP insurance, service contracts, administrative fees and the traded-in car payoff are not part of a car lender’s purchase-money secured claim in chapter 13 bankruptcy and can be crammed-down if the car is worth less than the loan balance, Judge Janice Miller Karlin ruled this week in In Re Miller, Case No. 08-40935, (Bankr. D.Kan. [...]
Courts Launch Bankruptcy Videos
The federal bankruptcy courts rolled out short web videos on basic bankruptcy topics for consumers considering filing bankruptcy.
The first video explains that bankruptcy is a legal process for individuals who cannot pay their debts, which stops debt collection and discharges the debts.
All eight videos can be viewed on bankruptcykansas.info or the courts website.
New Kansas Chapter 13 Bankruptcy Discharge Procedure Proposed
A new procedure for issuing chapter 13 bankruptcy discharges and administratively closing the cases is being considered in the U.S. Bankruptcy Court for the District of Kansas. Here is a summary of the procedure from the minutes of the September 17, 2008, Bench and Bar Committee:
About six months before anticipated plan completion the Chapter 13 [...]
Kansas Bankruptcy Court Proposes Local Rules Changes
Amendments to the local rules of practice and procedure are proposed by the U.S. Bankruptcy Court for the District of Kansas about post-confirmation recovery of assets by the chapter 13 trustee, proof of insurance on motor vehicles, required information for attorney signatures on pleadings, and cases commenced by foreign representatives.
The Court is soliciting written comments [...]
Consider Chapter 13
Considerchapter13.com is a new web site launched by the National Association of Chapter 13 Trustees Academy for Consumer Bankruptcy Education. The site contains information for consumers and bankruptcy attorneys by the Chapter 13 trustees who belong to the NACTT.
As always with any information on the internet, you should ask questions and discuss specific issues with [...]
New Mortgage Payment Rule Clarified
New Standing Rule 08-01 for ongoing mortgage payments through the 13 trustee in Kansas applies to all chapter 13 banrkuptcy cases filed on or after October 1, 2008. Debtors in cases filed earlier will not be subjected to the new rule even if they subsequently become delinquent on their home mortgage payments.
The Hon. Janice Miller [...]
New Address for KCK Chapter 13 Payments
Effective October 1, 2008, all chapter 13 payments to William H. Griffin Trustee must be mailed to PO Box 613106, Memphis TN 38101.
Payments to Griffin, the standing chapter 13 bankruptcy trustee for cases filed in Kansas City, Kansas, will no longer be accepted in person at Griffin’s office in Fairway, at meetings of creditors or [...]
New Rule: Chapter 13 Mortgage Payments Through Trustee
The Kansas Bankruptcy Court adopted a new rule requiring chapter 13 debtors behind on mortgage debts when the bankruptcy case is filed to be paid through the trustee. The rule goes into effect for cases filed on or after October 1, 2008.
Proponents of the new rule say the chapter 13 trustee records will aid the [...]
Kansas City Software Firm Hired for Largest U.S. Bankruptcy
The Kansas City, Kansas, computer software company used by one Topeka chapter 7 bankruptcy trustee was chosen this week to manage claims for Lehman Brothers Holdings Inc., the largest bankruptcy case in U.S. history.
Epiq Systems Inc., develops software to manage bankruptcy cases. It has experience with large chapter 11 bankruptcy cases including World Com and [...]
History of BAPCPA: Special Interest Legislation at Its Worst
BAPCPA (Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005) has been characterized as among the best (or worst depending on point of view) examples of special interest federal legislation ever passed by Congress. The act’s history is important:
Under pressure from creditor lobbying efforts, Congress and the Clinton administration in 1994 funded a bi-partisan [...]
10% Home Mortgages Under Water
Here is a scary statistic for 2007 being reported by ABC News: 10% of American homeowners owe more money on their house than the house is worth. That figure has doubled from 5% in 2006.
For homes purchased in the past two years, the figure shoots up to an alarming 30%, according to Reuters. [...]
Wichita Car Dealer Convicted of Bankruptcy Fraud – Facing 5 Years in Jail
A Wichita car dealer who gave money to relatives before filing his bankruptcy case and lied on his bankruptcy paperwork was convicted of federal crimes this week and faces possible jail time for his fraud.
Evidence at trial proved he gave money to his wife and his brother prior to filing his bankruptcy case and he [...]
Kansas Bankruptcy Judges End Secret Mortgage Fees in Chapter 13
The bankruptcy judges in Kansas have approved new language for all chapter 13 confirmation orders that will put an end to the abusive practice of secretly adding fees to a debtor’s mortgage loan balance.
No real estate creditor shall ever assess, charge or collect, from either the debtor or the real estate collateral, any assessments, fees, [...]
Attorney General Six Gives Foreclosure Advice – Get Attorney, Learn Options
Kansas Attorney General Stephen N. Six issued the following statement on home mortgage foreclosure this week, urging people facing foreclosure to seek help from an attorney.
Home foreclosure is a growing problem in Kansas and across the nation. Mortgage fraud and subprime lending have left many homeowners stuck with home loans they can no longer afford.
My [...]
Board Certification Renewed for Jill Michaux
Jill Michaux has earned recertification in consumer bankruptcy law by the American Board of Certification. She was awarded her 15 year pin as a consumer bankruptcy specialist.
She was the first Kansas lawyer to be board certified in consumer bankruptcy law. Her partner, Mark Neis, was [...]
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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