PLAN MAY NOT PROPOSE EARLY PAYOFF BUT 1329 MAY ALLOW POST CONFIRMATION MODIFICATION In re Kidd, et al, Case No. 06-41232 August 2007, Judge Karlin The Court recognized changes in 1324(b)(4) and held that debtors may not propose an early pay off but may obtain the same in the right circumstances via 1329. Digest by: …
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Tag Archive: Topeka
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. These…
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…
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,…
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…
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 second. Today, they are the only board certified consumer…
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…
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 the Bankruptcy Abuse…
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 Lucky Rabbit…
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 at…
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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
Board Certified in
Consumer Bankruptcy Law
by the American Board of
Certification -
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