“TRANSFORMATION” RULE AND NEGATIVE EQUITY DISCUSSED; GAP INSURANCE, SERVICE CONTRACT NOT PART OF COLLATERAL In re Miller, Case No 08-40935 December 2008, Judge Karlin Debtor sought, and was permitted, to pay only the cost of the car, rather than cost plus other charges. Court did not rule on whether certain fees not adequately addressed by…
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Tag Archive: Judge Karlin
What Is Business Use of Vehicle?
BUSINESS USE MUST BE “SIGNIFICANT” TO ESCAPE 910 FULL PAYMENT In re Wilson, Case No. 06-40637 December 2006, Judge Karlin Debtor sought to avoid the full payment requirement of the 910 car loan provision. Debtors were using the vehicles in question for personal and business use, as they served as foster parents. The court followed…
910 Car Claims Get Interest
SURRENDER IN FULL SATISFACTION OF 910 AND PAYMENT IN FULL WITH NOT INTEREST NOT ALLOWED In re McClay, Case No. 07-20106 October 2008, Judge Berger 910 vehicle case. Plan provided for payment of full debt with no interest and option to surrender in full satisfaction. This was found to be an attempt to modify prospectively…
How Much Is My Attorney Paid to Defend Dismissal?
WICHITA NO LOOK FEE FOR DEFENDING MOTIONS TO DISMISS MAY BE $350.00 In re Kiser, Case No. 06-11453 January 2009, Judge Nugent Debtor filed a motion to modify plan to increase monthly payment and to pay attorney fees of $500.00. Court allowed $400.00. Judge Nugent quoted Judge Karlin in Beck in supporting its conclusion that…
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…
What Is Personal Use of Vehicle for 910 Claim?
PERSONAL VS. BUSINESS USE FOR 910 CAR CLAIMS In re Lowder, Case No. 05-44802 August 2006, Judge Karlin Creditor objected to confirmation as debtor sought to avoid the 910 car loan restriction by arguing that she used the car to get to and from work and, therefore, not “personal”. Debtor contended that Toyota is entitled…
What If Debtor Destroys Collateral?
INTENTIONAL DESTRUCTION OF COLLATERAL? In re Murrow, Case No. 07-41061 March 2008, Judge Karlin Creditor was give an additional time to amend its complaint. Debtor took the 5th but the intimation of the discussion in the decision is that debtor likely intentionally destroyed the vehicle but insufficient facts were alleged. 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
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…
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…
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…
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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
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