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. [...]
Topeka Attorneys Helping You Get The Fresh Start Only The Federal Bankruptcy Laws Can Give You
Tag Archive: Mark Neis
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 [...]
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 [...]
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 [...]
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 [...]
Debtor Audits Stopped (for Now)
The U.S. Trustee has stopped auditing debtors in bankruptcy cases. The Executive Office of the U.S. Trustee says Congress did not fund the budget for the audits in the 2008 appropriations bill. Alternate funding is being sought so the audits can resume, the EOUST reports.
This is good news for debtors whose advocates testified [...]
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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