HCCI Offers Property Management Training

Housing and Credit Counseling, Inc.
Offers Property Management Training

In celebration of Fair Housing Month this April, HCCI is offering Property Management Training for landlords, property managers, social workers, social service providers and any other interested parties.  Training on how to handle common mistakes property managers and landlords encounter.  Get an overview of the Kansas Residential Landlord/Tenant Act regarding tenant and landlord rights and responsibilities.

Visit www.hcci-ks.org/Propmangtrain.pdf for details.

Will The Bankruptcy Trustee Take My Tax Refund in Kansas?

A common question I get this time of year is whether the trustee will take the debtor’s tax refund if he files for bankruptcy.  The answer depends upon many factors.  Talk to your bankruptcy lawyer.  Don’t spend your tax refund until you know for sure your bankruptcy trustee does not claim it.  Spending a tax refund instead of paying it to the bankruptcy trustee can get you arrested.

The Trustee has a duty to administer non exempt assets if those assets are worthy of administration.  For a tax refund to be worthy of administration the refund must be large enough to justify the time and effort to take and distribute the money to unsecured creditors.

If you can wait to file bankruptcy, then often the simplest solution to the problem is to your return,  then receive and use the refund.  We do need to help you spend the refund in ways that will not jeopardize your bankruptcy case.  One huge no-no is paying back relatives with your refund.  You will get your relatives sued by the bankruptcy trustee, which is worse than not paying them back at all. You may use your refunds to pay for your bankruptcy and will be expected to do so.

However, waiting to file bankruptcy is not always possible.  If you are having your wages garnished or a garnishment is scheduled to begin, it may be necessary to file before a refund can be received.   Timing issues will also occur if a house is in foreclosure, or a car is about to be repossessed.

If you cannot wait for whatever reason, the following factors will determine whether the refund will be taken:

  • As previously discussed, is the amount of the refund worthy of administration?   This is an issue of local practice and will often vary from court to court and trustee to trustee.
  • Is any portion of the refund for Earned Income Credit?  Some states have specifically exempted Earned Income Credit.  It is necessary to check state law on this issue.  In Kansas, there is no exemption for Earned Income Credit so you lose it along with your tax refunds.
  • Does your State have a “Wild Card” or “Cash” exemption?  Some states allow a certain amount of cash to be treated as exempt from creditors, other states have what is refereed to as a wild card exemption that will allow a debtor to exempt an item that is otherwise not exempt.  Kansas has no such exemptions.

As can be seen the timing of a bankruptcy when a tax refund is expected depends on many factors.  Local practice and state law being the major considerations.

Consult us.  As your attorney, we will help you maximize the amount of tax refunds you can lawfully keep and minimize the amount you lose to the bankruptcy trustee.

Hat tip to my blogging colleague, Kevin Gipson of New Orleans, who wrote the original version of this post in Bankruptcy Law Network.

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Free Tax Help Starts Monday

Free income tax assistance is available at Docking State Office Building and other sites in Topeka and Kansas starting Monday.

Topeka Bankruptcy 341 Meeting Room Moved

The room used for Topeka bankruptcy meetings of creditors has been moved to 515 S. Kansas Ave., Suite 402, from the U.S. Post Office on the corner.

Starting January 27, 2011, the section 341 hearings conducted by Topeka bankruptcy trustees will be held in a four-story downtown office building across the street from the Bankruptcy Law Office location in the Bank of America Tower at 534 S. Kansas Ave.  The sign on the gray and tan building says Goodell Stratton Edmonds and Palmer for the law firm on the first floor of the building.

515 S. Kansas Avenue, Topeka, KS

Bankruptcy Law Tweaked

The bankruptcy law was tweaked by technical amendments signed into law on December 22, 2010, by President Barrack Obama.

H.R. 6198, the Bankruptcy Technical Corrections Act. The Act primarily makes truly technical changes, such as correcting cross-references in the statute where the numbering of an existing provision was changed (e.g., to section 521 or 704). It also does clarify that pre-petition credit counseling can occur on the same day as the petition is filed. It also changes “delay, hinder, and defraud” in section 362(d)(4) to “delay, hinder, or defraud”, conforming the phrase to other parts of the Code, according to Maureen Thompson, Legislative Director for the National Association of Consumer Bankruptcy Attorneys (NACBA). You may find the text of the legislation at http://thomas.loc.gov.

More Kansans Can’t Pay Medical Bills

Kansas Health Institute reports that more and more Kansans cannot pay their medical bills. Hospitals are receiving more people who have no health insurance or other benefits.  The amount of uncompensated care provided by Kansas hospitals is rising.

Local Rules Changes Proposed

Changes to the local rules of the Kansas Bankruptcy Court have been published on the court’s website.  Comments are invited through December 15, 2010.

PDFClick here to see the Proposed Rules.

Can I File Bankruptcy Without an Attorney in Kansas?

Since the bankruptcy laws were changed in 2005, it is VERY HARD to file a bankruptcy petition without an attorney. The process is difficult and you may lose property or other rights if you do not know the law. The New York City Bankruptcy Assistance Project says, currently, about 9 out of 10 self-prepared bankruptcy petitions are being dismissed—that is, the debtor does not get relief from their debts.

Several Kansas debtors have ended up with federal criminal charges because they failed to disclose property and financial transactions in the bankruptcy cases they filed for themselves.

If you go ahead and file your case without an attorney (the court calls this pro se) and you make mistakes, you will spend more money to hire an attorney to fix your case than you would have if you had hired an attorney in the first place.  I once had a client with a cabinet business.  He thought he could not afford an attorney so he hired an out-of-state petition preparer over the Internet for $300.  The preparer was not supposed to give legal advice, but worse than no advice, he gave bad advice .  The cabinet maker filed a chapter 7 bankruptcy pro se and the trustee demanded shut down of his business, his way of making a living.

My cabinet maker had to borrow money from his father to pay me and to pay the trustee to settle his case and save his livelihood.  All of this drama could been avoided had he hired me from the get go.  It would have cost my client less and he would not have had to pay the trustee.

You can’t put the genie back in the bottle so your newly hired lawyer may not be able to fix all the damage you caused to yourself by filing a bankruptcy without an attorney.  For example, property rights are fixed on the date of filing of the bankruptcy.  If your chapter 7 trustee demands turnover of property, your attorney will not be able to change the date of filing.  It is too late for any prebankruptcy planning.  Your attorney might win a legal argument you didn’t make, but you’ll have to pay the trustee for your property to keep it, or lose it, if there is no valid argument to make.  You may have to convert to chapter 13 bankruptcy and pay for the property through a payment plan.

Warning: many attorneys will not accept a case after it is filed pro se by the debtor without an attorney so it may be difficult to find an attorney after your case is filed.

Shawnee County Tops Kansas Bankruptcy Filings

Here is an interesting map that shows the bankruptcy filings per capita.  There were 6.55 filings in Shawnee County for every 1000 persons in the year ending September 30, 2010.  This tops Johnson, Wyandotte and Sedgwick Counties.

Will Bankruptcy Hurt My Immigration Status?

Here is a post by my friend and fellow blogger, Jay Fleischman, on his blog about filing for bankruptcy and the impact on your immigration status.  I like his common sense advice.

When a potential client is sitting in front of me and contemplates filing for bankruptcy, they often ask about the impact of the proceeding on their immigration status.  If you’re a permanent resident of the U.S. or a visa holder, you need to know how filing for bankruptcy will impact you – and what you need to discuss with your immigration lawyer.

Many permanent residents and those on visas are deep in debt and considering either Chapter 7 or Chapter 13.  Thankfully, there’s nothing in the immigration or bankruptcy laws that make life difficult for those who have filed for bankruptcy.  Your naturalization papers don’t ask if you’ve filed for bankruptcy, nor do your bankruptcy papers ask you about your immigration status.

The only thing that may impact your immigration is your moral character.  There was a time when being in debt may have been evidence of living outside of the general standards of the community, but with over 1 million people filing for bankruptcy each year any such argument would be unlikely.  In fact, there’s a pretty good chance that your immigration hearing officer or someone close to them has experienced bill problems of their own.

In fact, there’s some evidence that being in debt and letting it stew without taking any action may negatively impact your immigration status.  When you file for citizenship there’s a question that asks about whether you owe any federal, state or local income tax debts.  If you do then you’re going to have some explaining to do before you take the oath.

In addition, willfully failing or refusing to pay child support may be considered evidence of poor moral character under 8 C.F.R. § 316.10(b)(3).  That, too, will stand in the way of your ability to become a U.S. citizen.  By filing for bankruptcy under Chapter 13, however, you may be able to reorganize and repay those child support debts and show you’ve mended your ways.

The upshot is this – it’s better to be out of debt than in debt.  The U.S. government recognizes this, and doesn’t want to stand in your way.  If you’re an honest person and in debt, filing for bankruptcy will leave you in a better financial situation.  That, in turn, will make you more likely to be a productive member of society and less likely to need to rely on the government for financial assistance in the future.

For more information and legal advice, please seek an immigration law specialist.  Kansas attorneys who specialize in immigration law are Michael and Rekha Sharma-Crawford and Angela Ferguson.

Jay Fleischman and Jill Michaux blog on Bankruptcy Law Network and Money Health Central.

Six Joins 50 State Investigation of Foreclosure Robo-Signers, Fraud

Steve Six

Kansas Attorney General Steve Six joins attorneys general and mortgage regulators from all 50 states to investigate robo-signing foreclosure documents, false affidavits, fraud and other irregularities in home mortgage foreclosures.

“We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws,” according to today’s statement by the National Association of Attorneys General.


Bankruptcy Means Test Gets Meaner for Most Kansas Consumers

The means test will get meaner for most Kansas consumer debtors.  Ironically, more debtors may be required to file chapter 13 payment plans instead of chapter 7 bankruptcy.

Today, the U.S. Trustee Program announced new income figures to use on the bankruptcy means test for cases filed on or after November 1, 2010. Three person households in Kansas will be allowed slightly more income, while one, two and four person households will be allowed less income on the bankruptcy means test.

Median family income for Kansas bankruptcy cases filed November 1, 2010, or after:

KANSAS $40,982 $56,251 $63,816 $68,154

* Add $7,500 for each individual in excess of 4.

Median family income for Kansas bankruptcy cases filed March 1, 2010, or after:

KANSAS $41,210 $57,561 $63,212 $72,352

* Add $7,500 for each individual in excess of 4.

Georgia, Virginia, Maryland, North Carolina and other states also have meaner means tests with lower income guidelines.

Home Affordable Modification Program Video

The U.S. Trustee’s office produced a video and written materials on the Home Affordable Modification Program (HAMP).  If you are trying to save your home from mortgage foreclosure by modifying your mortgage, this information may assist you.

CBS on Foreclosure Robosigners

CBS story on mortgage foreclosure robosigners

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