Lanning | Kansas Bankruptcy Law Information

Tag Archive: Lanning

Topeka Attorneys Observe U.S. Supreme Court Bankruptcy Argument in Lanning

Posted on March 23, 2010 by Editor

We watched the arguments before the U.S. Supreme Court in Washington, D.C., yesterday in the bankruptcy case of Hamilton v. Lanning. We are not involved in this case. We attended as observers. The case deals with the formula for determining how much a debtor has to pay her general creditors in a chapter 13 bankruptcy…

Tags: bankruptcy, Chapter 13, current monthly income, disposable income, Jan Hamilton, Lanning, Means Test, projected monthly income, U.S. Supreme Court

Deviation from Bankruptcy Means Test for Expenses, Too

Posted on January 7, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

LANNING EXTENDED TO EXPENSE SIDE In re Melvin, Case No. 07-22352 December 2008 Judge Somers Court extended the Lanning analysis and found there was no binding precedent on the issue of whether actual of 22C expenses were mandated and found that 22C expenses may be deviated from also. This is consistent with dicta in Lanning,…

Tags: 22C, Arroyo, B22C, bankruptcy means test, debtor's expenses, Hoss, Judge Karlin, Judge Nugent, Judge Somers, Lanning, Means Test, Melvin

401(k) Withdrawal Is Income for Means Test

Posted on January 4, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

401(K) DISBURSEMENT PRE PETITION IS CURRENT MONTHLY INCOME BUT NOT PROJECTED DISPOSBLE INCOME In re DeThample, Case No 07-11829 July 5, 2008, Judge Nugent Under 1325(b)(1)(B), a singular, one time disbursement is “income” for purposes of determining Current Monthly Income (CMI), but followed Judge Karlin’s Lanning decision in determining what constituted Projected Disposable Income (PDI)….

Tags: 1325(b)(1)(B), 401(k), DeThample, disposable income, income, Judge Karlin, Judge Nugent, Lanning, Means Test, projected disposable income

U.S. Supreme Court Takes Topeka Bankruptcy Case

Posted on January 3, 2010 by Editor

A Topeka, Kansas, consumer bankruptcy case is pending in the U.S. Supreme Court. It involves the Topeka chapter 13 trustee objecting to Stephanie Lanning’s bankruptcy plan. Lanning had taken a buyout and left her job at Payless Shoesource. She was working at Joann’s Fabrics for less money when her bankruptcy was filed. When Lanning took…

Tags: bankruptcy means test, chapter 13 bankruptcy, deviation, Jan Hamilton Trustee, Lanning, Means Test, substantial change of circumstances, U.S. Supreme Court

Nonworking Adult Son Not Counted in Household

Posted on December 25, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

B22C CASE, LINE BY LINE… In re Law, Case No. 07-40863 April 2008, Judge Karlin Court sustained 13 Trustee’s objection to confirmation as debtor included: adult son in household size, tax levy on Line 33 and duplicated it on Line 49 and unencumbered vehicle on line 28. The decision is a good analysis of the…

Tags: adult son, B22C, bankruptcy, chapter 13 bankruptcy, chapter 13 plan payment, household size, Judge Karlin, Lanning, law, projected disposable income, tax levy, U.S. Bankruptcy Court for the District of Kansas, unencumbered vehicle

Means Test Form Controls Unless Significant Changes in Circumstances

Posted on December 21, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

B22C CONTROLS UNLESS SIGNIFICANT CHANGES IN CIRCUMSTANCES In re Lanning, Case No. 06-41037 May 2007, Judge Karlin Over the Chapter 13 Trustee’s objection, the Court confirmed the plan because of significant changes in circumstances at the time of filing that caused Line 58 on B22C to be higher than what the debtor could afford to…

Tags: above median income, ACP, B22C, B22C controls, bankruptcy, chapter 13 plan payment, disposable income, Judge Karlin, Lanning, Means Test, projected disposable income, significant change of circumstances, Topeka Kansas, U.S. Bankruptcy Court for the District of Kansas