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: Kansas
Bankruptcy Means Test Meaner as Family Incomes Drop
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 [...]
Local Bankruptcy Rules Changes Proposed
The U.S. Bankruptcy Court for the District of Kansas is taking written comments on Proposed Local Rules of Practice and Procedure until January 1, 2010.
Interested persons, whether or not members of the bar, may submit comments on the Proposed Local Rules addressed to the Clerk of the United States Bankruptcy Court for the District of [...]
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. [...]
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 [...]
Topeka Debtors Allowed Means Test Deduction for Cars With No Liens
EDITOR UPDATE: This post is out of date. Judge Karlin reverted to her original ruling in In re Law after the Pearson decision was vacated. This issue is currently pending the the U.S. Court for the Tenth Circuit so we should have a binding ruling soon. December 13, 2009.
Topeka Bankruptcy Judge Janice Miller Karlin announced [...]
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 [...]
Can't Add Your Spouse to Your Individual Bankruptcy Case Later
Your spouse does not have to file bankruptcy with you in Kansas, but make sure you don’t want to file a joint case, because you can’t add your spouse to the case later.
Judge Dale L. Somers denied an attempt by a debtor to add her spouse two months after she filed her case by amending [...]
EIC Exemption Pending in Kansas Legislature
A bill has been introduced in the Kansas legislature to exempt federal earned income tax credit. The law, if passed, would protect the funds from seizure by creditors.
Earned income credit is money the federal government gives to low-income individuals and families in the form of tax credit, which is paid in the form of [...]
More Kansans Can Qualify for Bankruptcy Help with Increased Income Allowances
The Kansas income guidelines for the bankruptcy means test go up February 1, 2008.
Kansas Median Family Income by Family Size for Bankruptcy Cases Filed on or After February 1, 2008,
1 earner……….$38,594
2 persons……..$52,989
3 persons …….$58,075
4 persons …….$69, 831
5 persons …….$76,731
6 persons [...]
Wieland Named U.S. Trustee for Kansas
Richard A. Wieland has been named U.S. Trustee for Region 20, which covers Kansas, Oklahoma and New Mexico.
Wieland has been serving as acting Region 20 U.S. Trustee since September 1, 2007. He is familiar to the Kansas bankruptcy bar, having been a trial lawyer in the Wichita office since 1988. When [...]
Involuntary Bankruptcy Filed on Kansas City Mortgage Company
A $49.8 millon creditor of NovaStar Home Mortgage Inc. filed an involuntary bankruptcy petition against the company in Kansas City this week.
The petition was filed January 23, 2008, in the U.S. Bankruptcy Court for the Western District of Missouri at Kansas City.
For more information see the article in the Kansas City Business Journal or [...]
1923 Disney Bankruptcy in Kansas City
Did you know Walt Disney’s Missouri company, Laugh O Gram Films, Inc., was forced into bankruptcy in Kansas City on October 4, 1923? Fellow blogger, Rachel Foley of www.kcbankruptcy.com, and lover of all things Disney, proudly displays the bankruptcy documents in her office.
As Rachel says, “Walt went into bankruptcy with Oswald the [...]
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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