MORE LINE BY LINES OF B22C In re Hays, Case No 07-41285 April, 2008, Judge Karlin 13 Trustee objections to debtor’s attempts to claim living expenses for non-dependent debtors as well as for secured debt on a timeshare. Court followed Law and disallowed adult child expenses. The Court allowed the debt on the timeshare to…
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Tag Archive: U.S. Bankruptcy Court for the District of Kansas
Nonworking Adult Son Not Counted in Household
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…
Deduct Full Secured Debt on Bankruptcy Means Test
OK FOR CHAPTER 13 DEBTORS TO TAKE B22C DEDUCTION FOR FULL PAYMENT RATHER THAN CRAM DOWN AMOUNT In re Allen, Case No. 07-41327 February 2008, Judge Karlin Objected to confirmation on the basis that Debtor’s means test calculations erroneously included the full amount of the pre-petition car payments rather than the reduced or crammed-down amounts….
Car Deduction Allowed on Means Test, Reversed by District Court
CAR DEDUCTIONS ALLOWED EVEN THOUGH NO LIEN In re Thomas, Case No 06-21108 In re Camacho, Case No. 06-20729 October 2007, Judge Berger UST Motion To Dismiss under 707(b) for presumed abuse based upon totality of circumstances was denied. The Court concluded that the debtors are entitled to claim vehicle ownership for expenses, even though…
No Early Payoff, But Chapter 13 Bankruptcy Plan Modification Possible
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: …
Means Test Form Controls Unless Significant Changes in Circumstances
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…
How Long Does Chapter 13 Last if My Income is Below Median?
BELOW MEDIAN MUST RUN 36 MONTHS, B22C IS TEMPORAL In re Daniel, Case No. 06-20714 December 2006, Judge Somers In a Below Median case, debtor’s income is determined by B22C and expenses by Schedule J and must “run” for 36 months (The Applicable Commitment Period) or pay 100% of all allowed unsecured claims. B22C is…
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….
New Kansas Chapter 13 Bankruptcy Discharge Procedure Proposed
A new procedure for issuing chapter 13 bankruptcy discharges and administratively closing the cases is being considered in the U.S. Bankruptcy Court for the District of Kansas. Here is a summary of the procedure from the minutes of the September 17, 2008, Bench and Bar Committee: About six months before anticipated plan completion the Chapter…
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…
New Rule: Chapter 13 Mortgage Payments Through Trustee
The Kansas Bankruptcy Court adopted a new rule requiring chapter 13 debtors behind on mortgage debts when the bankruptcy case is filed to be paid through the trustee. The rule goes into effect for cases filed on or after October 1, 2008. Proponents of the new rule say the chapter 13 trustee records will aid…
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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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