Bankruptcy & Military Veterans

Today November 11, 2012, we pay tribute to and thank our military veterans for their service to our country. Here are some resources for military veterans on debt, loans and bankruptcy:

Can a debt collector garnish my federal benefits?

What is a VA loan?

Reaffirming a home loan

Bankruptcy for veterans

Can a veteran get a VA home loan after bankruptcy?

American Bar Association directory of resources for veterans

Bankruptcy reform lifts basic protections for veterans

Virginia bankruptcy exemption for disabled veterans

legal help for Kansas veterans

Will the bankruptcy trustee take my disability check?

Creditor Claims on Your VA Benefits

Are veterans benefits income under the bankruptcy means test?

Protection of exempt public benefits

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Can I File Bankruptcy Again?

You have filed a bankruptcy before and now you need help with your debts again.  You are wondering when you can file a bankruptcy again and if you can get a discharge of your debts in the new bankruptcy case.

To determine if you can get a discharge in a subsequent bankruptcy, you should follow the 2 – 4 – 6 – 8 rule.  You count from the filing date of the old petition to the filing date of the new petition.

                                     2 years between 13s –1328(f)(2)

                                     4 years between an old 7 and a new 13  –1328(f)(1)

                                     6 years between an old 13 and a new 7  –729, 727(a)(9)

                                     8 years between 7  –727(a)(8)

Thanks to my blogging colleague from Bankruptcy Law Network, attorney Andy Miofsky of Southern Ilinois, who coined the term 2 -4 -6 – 8 rule.

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Where Do I Find the Bankruptcy Code Dollar Amounts That Adjust Every Three Years?

Revision of Certain Dollar Amounts in the Bankruptcy Code Prescribed Under Section 104(A) of the Code. Certain dollar amounts in title 11 and title 28, United States Code, are increased.

Federal Register: February 25, 2010 (Volume 75, Number 37)

Revision of Certain Dollar Amounts in the Bankruptcy Code Prescribed Under Section 104 (a) of the Code

SUPPLEMENTAL INFORMATION

Section 104(a) of title 11, United States Code, provides the mechanism for an automatic 3 year adjustment of dollar amounts in certain sections of titles 11 and 28. Bankruptcy Reform Act of 1994, Public Law 103394, section 108(e), (1994) as amended by Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Public Law 1098, section 102(j), (2005) and Public Law 110406, (2008).
The provision states:
[[Page 8748]]
(a) On April 1, 1998, and at each 3 year interval ending April 1 thereafter, each dollar amount in effect under 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1322(d), 1325(b), and 1326(b)(3) and section 1409(b) of title 28 immediately before such April 1 shall be adjusted: (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent 3 year period ending immediately before January 1 preceding such April 1, and (2) to round to the nearest $25 the dollar amount that represents such change.
(b) Not later than March 1, 1998, and at each 3 year interval ending on March 1, thereafter, the Judicial Conference of the United States shall publish in the Federal Register the dollar amounts that will become effective on such April 1 under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1322(d), 1325(b), and 1326(b)(3) and section 1409(b) of title 28.
(c) Adjustments made in accordance with subsection (a) shall not apply with respect to cases commenced before the date of such adjustments. Revision of Certain Dollar Amounts in Bankruptcy Code Notice is hereby given that the dollar amounts are increased in the sections in title 11 and title 28, United States Code, as set out in the following chart. These increases do not apply to cases commenced before the effective date of the adjustments, i.e., April 1, 2010. Seven Official Bankruptcy Forms (1, 6C, 6E, 7, 10, 22A and 22C) and two Director’s Forms (200 and 28.3) also will be amended to reflect these adjusted dollar amounts.
Dated: February 19, 2010.
Francis F. Szczebak,
Chief, Bankruptcy Judges Division.
Dollar amount to New (adjusted) be adjusted dollar amount 28 U.S.C. 1409(b)a trustee may commence a proceeding arising in or related to a case to recover
(1)money judgment of or $1,100………… $1,175 property worth less than.
(2)a consumer debt less 16,425………… 17,575 than.
(2)a non consumer debt 10,950………… 11,725 against a non insider less than.
11 U.S.C. 101(3)definition of assisted 164,250……….. 175,750 person.
101(18)(A) & (B)(ii)definition 3,544,525 (each 3,792,650 (each of family farmer. time it appears).
101(19A)(A)(i) & (b)(ii)(II) 1,642,500 (each 1,757,475 (each definition of family fisherman. time it appears). time it appears).
101(51D)(A) & (B)definition of 2,190,000 (each 2,343,300 (each small business debtor. time it appears). time it appears).
109(e)allowable debt limits 336,900 (each time 360,475 (each time for individual filing it appears). it appears). bankruptcy under chapter 13.
1,010,650 (each 1,081,400 (each time it appears).
303(b)minimum aggregate claims needed for the commencement of involuntary chapter 7 or chapter 11 bankruptcy
(1)in paragraph (1)……. 13,475………… 14,425
(2)in paragraph (2)……. 13,475………… 14,425
507(a)priority expenses and claims
(1)in paragraph (4)……. 10,950………… 11,725
(2)in paragraph (5)……. 10,950………… 11,725
(3)in paragraph (6)……. 5,400…………. 5,775
(4)in paragraph (7)……. 2,425…………. 2,600
522(d)value of property exemptions allowed to the debtor
(1)in paragraph (1)……. 20,200………… 21,625
(2)in paragraph (2)……. 3,225…………. 3,450
(3)in paragraph (3)……. 525…………… 550
10,775………… 11,525
(4)in paragraph (4)……. 1,350…………. 1,450
(5)in paragraph (5)……. 1,075…………. 1,150
10,125………… 10,825
(6)in paragraph (6)……. 2,025…………. 2,175
(7)in paragraph (8)……. 10,775………… 11,525
(8)in paragraph (11)(D)… 20,200………… 21,625
522(f)(3)(B)exception to lien 5,475…………. 5,850 avoidance under certain state laws.
522(f)(4)(B)items excluded 550 (each time it 600 (each time it from definition of household appears). appears). goods for lien avoidance purposes.
522(n)maximum aggregate value 1,095,000……… 1,171,650 of assets in individual retirement accounts exempted.
522(p)(1)qualified homestead 136,875……….. 146,450 exemption.
522(q)(1)state homestead 136,875……….. 146,450 exemption.
523(a)(2)(C)exceptions to
discharge

in subclause (i)(I) 550…………… 600 consumer debts, incurred <=90 days before filing owed to a single creditor

in the aggregate.

in subclause (i)(II)cash 825…………… 875 advances incurred <=70 days before filing in the aggregate.

541(b)property of the estate exclusions (1)in paragraph (5)(C) 5,475…………. 5,850 education IRA funds in the aggregate.
(2)in paragraph (6)(C) 5,475…………. 5,850 prepurchased tuition credits in the aggregate.
[[Page 8749]]

547(c)(9) preferences, trustee 5,475…………. 5,850 may not avoid a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of property is less than.

707(b)dismissal of a case or conversion to a case under chapter 11 or 13 (means test)
(1)in paragraph 6,575…………. 7,025
(2)(A)(i)(I).
(2)in paragraph 10,950………… 11,725
(2)(A)(i)(II).
(3)in paragraph 1,650…………. 1,775
(2)(A)(ii)(IV).
(4)in paragraph 6,575…………. 7,025
(2)(B)(iv)(I).
(5)in paragraph 10,950………… 11,725
(2)(B)(iv)(II).
(6)in paragraph (5)(B)…. 1,100…………. 1,175
(7)in paragraph 6(C)…… 575…………… 625
(8)in paragraph 7(A)(iii). 575…………… 625

1322(d)(1)(c) & (2)(c)contents 575 (each time it 625 (each time it of chapter 13 plan, monthly appears). appears). income.

1325(b)(3) & (b)(4)chapter 13 575 (each time it 625 (each time it confirmation of plan, appears). appears). disposable income.

1326(b)(3)(B)payments to 25……………. 25 former chapter 7 trustee.

[FR Doc. 20103807 Filed 22410; 8:45 am]
BILLING CODE 221055P

FOR FURTHER INFORMATION CONTACT

Francis F. Szczebak, Chief, Bankruptcy Judges Division, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 5021900 or by email at Bankruptcy_Judges_Division@ao.uscourts.gov.

http://www.thefederalregister.com/d.p/2010-02-25-2010-3807

Federal Register: February 25, 2010 (Volume 75, Number 37)

DOCID: fr25fe10-122 FR Doc 2010-3807

Revision of Certain Dollar Amounts in the Bankruptcy Code Prescribed Under Section 104(A) of the Code. Certain dollar amounts in title 11 and title 28, United States Code, are increased.

Kansas Bankruptcy Local Court Rules Amended

New local rules for the Kansas Bankruptcy Court went into effect March 17, 2011.

2011_Local_Rules

New Kansas Bankruptcy Rules Today

New Local Rules for Kansas Bankruptcy and District Court become effective today.

PDFClick here for the pdf document.

11 U.S.C. 109(h)(1)

§ 109. Who may be a debtor

(h)(1) Subject to paragraphs (2) and (3), and notwithstanding any other provision of this section, an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the date of filing of the petition by such individual, received from an approved nonprofit budget and credit counseling agency described in section 111 (a) an individual or group briefing (including a briefing conducted by telephone or on the Internet) that outlined the opportunities for available credit counseling and assisted such individual in performing a related budget analysis.

What Is the Bankruptcy Code?

The federal bankruptcy law is published in Title 11 of the United States Code, which is one of the series of books containing federal laws. The bankruptcy law is often called the The Bankruptcy Code.