My Income Is Below Median, How Long Do I Pay My Chapter 13 Payments?

BELOW THE LINE DEBTOR MUST RUN 36 MONTHS
In re Pohl, Case No. 06-41236
May 2007, Judge Karlin
The Court determined that a below the line debtor’s case must “run” 36 months, unless it
pays off all claims in full, citing 1325(b)(4). Below the line disposable income
determined by Schedule J, since the bottom half of B22C does not get filled out by a BMI
debtor. ACP is temporal and not a multiplier. Judge Karlin cited, with approval, Judge
Somers’ decision, In re Daniel and Judge Berger’s decisions, In re Beckerle and In re
Anderson on the ACP issue.

BELOW THE LINE DEBTOR MUST RUN 36 MONTHS
In re Pohl, Case No. 06-41236
May 2007, Judge Karlin

The Court determined that a below the line debtor’s case must “run” 36 months, unless it pays off all claims in full, citing 1325(b)(4). Below the line disposable income determined by Schedule J, since the bottom half of B22C does not get filled out by a BMI debtor. ACP is temporal and not a multiplier. Judge Karlin cited, with approval, Judge Somers’ decision, In re Daniel and Judge Berger’s decisions, In re Beckerle and In re Anderson on the ACP issue.

Source:  Jan Hamilton, Trustee

KCK 13 Bankruptcy Trustee Moves

The chapter 13 bankruptcy trustee for cases filed in Kansas City, Kansas, has moved to a new office at 6330 Lamar, Ste. 110, Overland Park, KS 66202.

Payments to William H. Griffin, Trustee, still go to the bank lock box at PO Box 613106, Memphis, TN  38101.  No money is accepted at the Overland Park office, all payments must be mailed to the bank.

Kansas Bankruptcy Filings Up 23%

At economic conditions worsen for people, it is no surprise that bankruptcy filings rose 22.6% in Kansas and 34.5% in the United States this past year.  Filings have steadily climbed since the so-called bankruptcy reform act went into effect in 2005.

Four people for every 1,000 in Kansas filed bankruptcy, ranking Kansas 31st in the nation.  Kansas had 10,588 bankruptcy cases filed compared with 8,637 cases filed the previous year.  A total of 1.4 million bankruptcy cases were filed in the U.S. for the federal fiscal year ending September 30, 2009.  That compares with slightly over a million (1,042,806) filed in fiscal year 2008.

The federal court system keeps the count and released its most recent statistics yesterday.   The 10th Circuit, which is the region of the country covering Kansas, Colorado, Oklahoma, New Mexico, Wyoming and Utah, saw an increase of 36.8% in bankruptcy filings.

Our neighbors to the east had an 18.7% and 27.4% increase in bankruptcy filings in the two districts in Missouri.  Nebraska saw a 14.3% increase.  The highest increase in bankruptcy filings in the region was experienced in Colorado at 35.1%.  Oklahoma’s three districts had increases of 32.4% in the north,  30.6% in the east and 28.4% in the west.

US Trustee Website Changed

The website URL for the United States Trustee’s Offices in Region 20, which includes Kansas, has changed to: http://www.justice.gov/ust/r20/index.htm

My Chapter 13 Bankruptcy Is Filed, Now What?

Answers to your basic chapter 13 bankruptcy questions by Jan Hamilton, Standing Chapter 13 Bankruptcy Trustee in Topeka, Kansas:

Please Read This Entire Letter. It contains information needed to complete your Chapter 13 Plan and answers certain questions you may have. If you have a question that is not addressed here, you should contact your attorney. The Trustee’s office does not give legal advice. You may also access your case information by visiting the National Data Center at their website at www.13datacenter.com.

What Do I Need to Do Now?

In accordance with LBR 4001.2, at least seven days before your First Meeting of Creditors, you must provide the Trustee with a copy of the most recently filed state and federal income tax returns. [Read more…]

Wichita Jeweler Files Bankruptcy

Barriers Inc, a long-time Wichita jeweler filed a chapter 11 bankruptcy Friday.  The store is located at Douglas and Oliver.  Ed Nazar is the company’s bankruptcy attorney.

Topeka Bankruptcy Attorneys Named 2009 Super Lawyers

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Mark Neis

Our attorneys at the Bankruptcy Law Office, Mark Neis and Jill Michaux, have been chosen for inclusion on the 2009 Missouri & Kansas Super Lawyers list.  Only five per cent of Missouri and Kansas attorneys are chosen each year.

Jill Michaux

Jill Michaux

The Super Lawyers selection process includes a statewide survey of lawyers, peer nominations based on 12 indicators of peer recognition and professional achievement, a blue ribbon panel review by practice area, independent research to identify outstanding lawyers, and a discipline check of candidates.

Mark and Jill were two of four Kansas lawyers selected as 2009 Super Lawyers in the consumer bankruptcy law category.  They are two of three Topeka lawyers selected as 2009 Super Lawyers in the bankruptcy and creditors rights law category.

Mark and Jill are the only consumer bankruptcy law specialists in Topeka and two of 10 in Kansas.  They are board certified by the American Board of Certification in consumer bankruptcy law.

Video: Do I Need a Lawyer to File Bankruptcy?

You need a lawyer to file bankruptcy.  Without an attorney, you may lose your property and may not get your debts discharged by the bankruptcy.

You need a bankruptcy attorney to advise you:

  1. whether to file bankruptcy,
  2. what chapter to file,
  3. what exemptions to claim.

You expect a board certified specialist for your doctor.  Expect it for your lawyer, too.  Meet our attorneys.  Mark Neis and Jill Michaux are the only board certified consumer bankruptcy law specialists in Topeka and two of ten in Kansas.

Finding a Bankruptcy Attorney Outside Kansas

DIY Means Test Like Doing Your Own Surgery

Video: What is the Bankruptcy Discharge?

Bankruptcy Won’t Discharge These Debts

Will I Lose My Bankruptcy Case?

Bankruptcy Crimes

Kansas Home Foreclosures Up 40%

The home mortgage foreclosure crisis got dramatically worse in Kansas in July, August and September 2009. RealtyTrac, a California company that tracks foreclosures, reports 3,402 foreclosure filings in Kansas during the third quarter, an increase of almost 40%.

The Kansas foreclosure rate is below the national average of one in every 136 households. The foreclosure rate in Kansas is 31st in the county at one in every 358 households.

Truth About Mortgage Modification – Few Getting Help to Stop Foreclosure

Foreclosure Prevention Toolkit

Video: What Happens at Bankruptcy Court Hearings?

Video: What are Bankruptcy Crimes?

Examples of bankruptcy crimes:

Fraudulent transfer of assets

Hiding property from the bankruptcy trustee

Making false statements in bankruptcy

Disobeying a bankruptcy court order

Video: What Happens at My Bankruptcy Hearing?

Watch what happens at a bankruptcy meeeting of creditors, also known as your 341 hearing.

What will they ask me at my bankruptcy meeting?

Retired, Broke, Bankrupt

The over-55 crowd is the mostly likely age group to declare bankruptcy, the AARP says.  This group is carrying mortgages, home equity loans and credit card balances.

According to an AARP study, over half of this group spends most of their income paying down debt.  A quarter of these folks pay over 75% of their income reducing debt.

Video: How Do I File for Bankruptcy?

How to Get Started Filing for Bankruptcy

How to Get Your Bankruptcy Certificate from a Credit Counselor

Documents to Gather for Your Bankruptcy Attorney

Video: Bankruptcy Won't Help With These Debts

What Is NOT Discharged in Bankruptcy  Video:  Running Time 4:34

Child support, alimony

Student loans

Most federal and state income taxes

Employer payroll taxes and sales taxes

Loans obtained by fraud or false pretenses

Liens on property such as homes and cars

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