Carl B. Davis is the new chapter 13 bankruptcy trustee for cases in the Topeka, Kansas, division of the Kansas Bankruptcy Court. Jan Hamilton retired 9/30/2022 after 24 years as trustee.

Where to Make Your Topeka Chapter 13 Payments

All future payments for Topeka chapter 13 bankruptcy cases should be made to Carl Davis Trustee.

The Topeka trustee office is closing today. The Topeka lockbox is closed.

How to Pay Your Topeka Chapter 13 Payment

1. Mail to Carl Davis Trustee, PO Box 2818, Wichita, KS 67201-2818
2. Electronic – Sign up for payments to be taken from your account by tfsbillpay.com.
3. Wage Order – Tell us the employer name and payroll address. We will request a wage order for you.
4. In Person – No payments are accepted in person. The Topeka lockbox is now closed. There is no lockbox in Wichita. The trustee does not accept payments at his Wichita office.
5. Other Electronic – TFS Bill Pay is the only electronic payment accepted by the trustee. He does not accept electronic payments from other payment systems directly to his account such as Pop Money, Zelle, ACH, wire transfer, funds transfer, and others. Bill payer systems that mail a check to the trustee are accepted.

FAQ

Question: I have a wage order now. Do I need to do anything? Answer: the employers will be notified and payments will be transferred to the new trustee. You should watch your paystubs to make sure the payments are being withheld. You must make the payment if it does not come out of your check. Notify us if there is an issue.

Question: I pay by TFS now. Do I need to do anything? Answer: TFS will change the trustee on your case. The payments will transfer to the new trustee.

Question: How can I monitor the payments and disbursements in my case? Answer: Sign up for an online account with the National Data Service at www.ndc.org. Trustee data is uploaded to this service each business day so you may see it. The data is typically current through the previous business day.

Question: I have a case in Kansas City, KS, or Wichita divisions. Where do I pay? Answer: There is no change. Kansas City, KS, case payments are paid to W.H. Griffin Trustee. Wichita case payments are paid to Carl Davis Trustee.

Neis Michaux Bankruptcy Law Office has moved to a beautiful new office suite in the Southwest Plaza Office Building at 3601 SW 29th ST, Ste 132, Topeka, KS 66614-2054. Phone 785-354-1471.

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Graphics Credit

On April 1, 2016, the income numbers used to calculate the bankruptcy means test will increase modestly in Kansas. Filing bankruptcy will be a little easier for debtors in all Kansas household sizes.

Here are the new numbers:

Add $8,400 for each person in excess of 4.

Don’t fret if you make more money than these guidelines. You may still pass the means test. The consumer bankruptcy law specialists at Neis & Michaux, will figure this out and discuss your options with you.

Check out the Census Bureau Median Family Income By Family Size for all states and U.S. territories.

Photo Credit: Dean Hochman

Beware of bankruptcy fraudsters who are calling debtors and demanding money. They lie about who they are. They are using information from bankruptcy schedules to fake you into thinking they are legitimate. Do not fall for their scam. Say no and hang up the phone. Do not send money!

Spoofing Your Bankruptcy Attorney Caller ID

The fraudsters are so slick they change their caller ID to make it look like your bankruptcy attorney is calling you. They demand you immediately pay money to a fake account.  This is a scam. Your bankruptcy lawyer does not do this. If you are uncertain who is really calling, hang up and call your bankruptcy lawyer. Do not wire money.

The National Association of Consumer Bankruptcy Attorneys issued a warning that “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.”

“Bankruptcy filers in Vermont and Virginia reportedly have received calls. Vermont’s Attorney General says scammers use software to “spoof” the Caller ID system so the call appears to be originating from the phone line of the consumer’s bankruptcy attorney. Typically the calls come late in the evening or during non-business hours to make it difficult for intended victims to verify the call by contacting their attorney,” according to the Administrative Office of the U.S. Courts.

Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.

Read the article online.

The formula that is used to measure income for bankruptcy purposes changed again. The numbers were adjusted May 1 and May 15, 2015.

Most Kansans fared better on the means test after the new numbers went into effect. In theory, the means test determines the type of bankruptcy a debtor file and now much must be paid back to creditors, if any.

New median income figures for Kansas for cases filed on or after May 1, 2015:

one $45,980 (from $45,246)

two $60,577 (from $59,610)

three $66,065 (from $65,010)

four $76,017 (from $74,804)

add $8100 for each family member over 4.

The living expense standards for household above the median income also changed.

Graphic Credit: Bill Brooks

New means test numbers go into effect for bankruptcy cases filed on or after November 1, 2014. Median income numbers go up for households of one, two and four persons. Oddly, the number goes down for households of three. For more information, see the U.S. Trustee website.

1 – $45,246 (from $44,434)

2 – $59,610 (from $58,344)

3 – $65,010 (from $66,352)

4 – $74,804 (from $73,514)

add $8100 for each additional household member

Photo Credit: Thomas8087

The National Consumer Bankruptcy Rights Center (NCBRC) has filed an amicus brief on behalf of the National Association of Consumer Bankruptcy Attorneys (NACBA) membership in the U.S. Supreme Court case of Clark v. Rameker (In re Clark), No. 13-299.  This case involves whether or not a debtor may exempt an individual retirement account (IRA) that he has inherited.

A recent Bankruptcy Appellate Panel decision found that the debtor may not exempt her federal Child Tax Credit refund under Missouri’s exemption for “public assistance.” Hardy v. Fink (In re Hardy), No. 13-6029 (B.A.P. 8th Cir. Dec. 23, 2013) (notice of appeal to 8th Cir. filed January 2, 2014).

To read more about this case and find a copy of the opinion, go to the National Consumer Bankruptcy Rights Center (NCBRC) at http://www.ncbrc.org/. Please support NCBRC by making your donation today! http://www.ncbrc.org/

NEW MEANS TEST FIGURES have been announced by the U.S. Trustee Program for use with bankruptcy cases filed on or after November 15, 2013. Here are the Kansas income numbers based upon family size:

1 – $43, 793

2 – $57,502

3 – $65,394

4 – $72,453

add $8100 for each individual in excess of 4.

The Kansas numbers are higher for one and two person families, slightly lower for three person families and almost $4000 lower for four person families. Below are the figures for Kansas bankruptcy cases filed May 1 through November 14, 2013:

1 – $42,577

2 – $56,581

3 – $65,907

4 – $76,402