Jill Michaux - Neis Michaux Law Office

Kansas Bankruptcy Judges End Secret Mortgage Fees in Chapter 13

Posted on February 22, 2008 Written by Jill Michaux

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, costs, expenses or any other monetary amounts, exclusive of principal, interest, taxes and insurance, that arose from the date of the filing of the bankruptcy petition to the entry of the Order of Discharge except as may be allowed by court order or an allowed proof of claim.

Can't Add Your Spouse to Your Individual Bankruptcy Case Later

Posted on February 4, 2008 Written by Jill Michaux

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 amending her petition filed with the Court. In Re Cheryl R. Daly, 07-22628-13, (Bankr. D.Kan. 01-28-2007).

It would be possible for the nonfiling spouse to file his own case and then consolidate the two cases for administration.

Filed Under: Filing Bankruptcy Tagged: adding spouse, bankruptcy, bankruptcy petition, consolidation for administration, Dale L Somers, Jill Michaux, joint case, joint petition, Judge Dale L Somers, Kansas, Neis & Michaux, nonfiling spouse, Topeka

EIC Exemption Pending in Kansas Legislature

Posted on February 3, 2008 Written by Jill Michaux

A bill has been introduced in the Kansas legislature to exempt federal earned income tax credit. The law, if passed, would protect the funds from seizure by creditors.

Earned income credit is money the federal government gives to low-income individuals and families in the form of tax credit, which is paid in the form of a tax refund even if no taxes are paid or owed. [Read more…]

Filed Under: Exemptions & What You Get to Keep Tagged: earned income credit, EIC, exemption, federal earned income tax credit, Kansas, Kansas exemption, Kansas House of Representatives, Kansas legislature, tax credit, tax refund

More Kansans Can Qualify for Bankruptcy Help with Increased Income Allowances

Posted on January 27, 2008 Written by Jill Michaux

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 …….$83,631
Add $6,900 for each additional individual

Filed Under: Kansas Bankruptcy News, Means Test Tagged: am I eligible for bankruptcy, bankruptcy, bankruptcy eligibility, bankruptcy income test, Bankruptcy Law Office, bankruptcy means test, Jill Michaux, Kansas, Kansas median family income, Mark Neis, Means Test, median family income, Neis & Michaux, P.A., Topeka Kansas, u s census bureau

Wieland Named U.S. Trustee for Kansas

Posted on January 26, 2008 Written by Jill Michaux

Richard Wieland

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 Prevention and Consumer Protection Act was enacted in 2005, he played a pivotal role in implementing the consumer credit counseling and debtor financial management education requirements for the Executive Office of the U.S. Trustee in Washington, D.C

The U.S. Trustee program is charged with overseeing bankruptcy case administration. Region 20 offices are headquartered in Wichita with additional offices in Oklahoma City, Tulsa and Albuquerque.

Here is a link to the official EOUST press release.

Filed Under: Kansas Bankruptcy News Tagged: Albuquerque, bankruptcy, Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Law Office, Bankruptcy Legislation, consumer credit counseling, credit counseling, D.C., debtor education, debtor financial management education, Dick Wieland, EOUST, Executive Office of U.S. Trustee, financial management, Jill Michaux, Kansas, Kansas bankruptcy bar, lawyer, Mark Neis, Neis & Michaux, New Mexico, Oklahoma, Oklahoma City, P.A., Richard A Wieland, Topeka, Tulsa, U.S. Trustee, U.S. Trustee for Region 20, Washington, Wichita

Involuntary Bankruptcy Filed on Kansas City Mortgage Company

Posted on January 25, 2008 Written by Jill Michaux

A $49.8 millon creditor of NovaStar Home Mortgage Inc. filed an involuntary bankruptcy petition against the company in Kansas City this week.

The petition was filed January 23, 2008, in the U.S. Bankruptcy Court for the Western District of Missouri at Kansas City.

For more information see the article in the Kansas City Business Journal or the bankruptcy court’s website .

Filed Under: Kansas Bankruptcy News Tagged: bankruptcy, involuntary bankruptcy, Jill A Michaux, Kansas, Kansas City, Kansas City Business Journal, Missouri, Neis & Michaux P.A., NovaStar Home Mortgage Inc, U.S. Bankruptcy Court, U.S. Bankruptcy Court for the Western District of Misso, Western District of Missouri

1923 Disney Bankruptcy in Kansas City

Posted on January 20, 2008 Written by Jill Michaux

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 and came out the other side with Mickey Mouse.”

Filed Under: Bankruptcy Trivia Tagged: bankruptcy, bankruptcy documents, Bankruptcy Law Office, Disney bankruptcy, Jill Michaux, Kansas, Kansas City, Laugh O Gram Films Inc, Mark Neis, Mickey Mouse, Neis & Michaux, Oswald the Lucky Rabbit, P.A., Rachel Foley, Topeka, Walt Disney, www.kcbankruptcy.com

Debtor Audits Stopped (for Now)

Posted on January 20, 2008 Written by Jill Michaux

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 a Congressional hearing in October 2007 that the audits were abusive to debtors because of overbearing auditors and erroneous reports of material misstatements in the bankruptcy papers.

See my post on the Bankruptcy Law Network for more details and the official statement by the U.S. Trustee.

Filed Under: Kansas Bankruptcy News Tagged: 2008 appropriations, audits stopped, audits suspended, bankruptcy, bankruptcy audits, bankruptcy debtor audits, Bankruptcy Law Office, budget, Congress, debtor audits, Executive Office of U.S. Trustee, Jill A Michaux, Kansas, Kansas Bankruptcy News, Mark Neis, National Association of Consumer Bankruptcy Attorneys, Neis & Michaux, P.A., Topeka, U.S. Trustee

Filing Bankruptcy in Topeka

Posted on December 25, 2007 Written by Jill Michaux

Mark Neis and Jill Michaux file chapter 7 and chapter 13 bankruptcies in Topeka, Kansas, and Kansas City, Kansas.Â The cases are filed in the U.S. Bankruptcy Court for the District of Kansas in the Topeka or Kansas City Divisions.

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