Kansas bankruptcy filings fell 10.6% in the federal courts fiscal year ending September 30, 2012.  That compares with the 14% fall nationally, according to statistics released by the Administrative Office of the U.S. Courts.

Filings were down for all bankruptcy chapters:

• Chapter 7  (liquidation) 16%
• Chapter 13 (individual repayment plans) 10%
• Chapter 11 (businesses or individuals with high income or debts) 12%
• Chapter 12 (family farmers) 20%

Business filings fell 16% and consumer cases were down 14% nationally.

The 10.6% decrease in Kansas bankruptcy filings compares to 11.3% in Colorado, 16.3% New Mexico, 7.7 Northern Oklahoma (Tulsa), 10.2% Eastern Oklahoma, 9.4% Western Oklahoma (Oklahoma City), 13.1% Utah, 11.0% Wyoming, 8% Eastern Missouri (St. Louis), 13.6% Western Missouri (Kansas City), and 17% Nebraska.

Kansas saw 3.20 bankruptcy filings per 1,000 people in fiscal year 2012 ranking 30th in the country in chapter 7 filings and 18th in chapter 13 filings. There were 11 cases filed for family farmers, and 51 chapter 11 cases filed in Kansas. Chapter 11 is usually filed by corporations or individuals with large debts. About a third of the consumer filings (3,150) in Kansas were chapter 13 and 6,089 chapter 7 cases were filed for a total of 9,301 bankruptcy filings.

Plan completion rates far higher than the national average show chapter 13 bankruptcy works in Topeka, Kansas.  Debtors are receiving discharges and successfully adjusting their debts more often than not in this midwestern division.

The chapter 13 trustees in Topeka and Kansas City, KS, give debtors free online access  to  their chapter 13 bankruptcy records. You may view payments coming in and disbursements going out to “monitor the progress you are making toward your financial recovery.”

How to Access Your Chapter 13 Case Information on the Internet

To view your case on line, you must register for a Username and Pasword on our website, www.13datacenter.com. You will need your Chapter 13 bankruptcy petition to create your user name and confirm information on the petition.

We encourage you to sign up for online access so you may view your case records at any time.  You may confirm a payment has been received and you can see the trustee payments going out to your creditors.  No need for time consuming telephone calls or waiting for the annual report from the trustee to get up to date information about your case.

Registration is open for the National Association of Consumer Bankruptcy Attorneys (NACBA) fall member only workshop Nov. 2-3, 2012, at Amelia Island, FL.

NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Attorney Jill Michaux is co-track director for fundamentals and will be speaking.

“Crafting Feasible Chapter 13 Plans - Plot the course of your chapter 13 plan to reach home port without running aground on statutory shoals.” Panelists will be Cathleen Moran (Mountain View, CA) and Jill Michaux (Topeka, KS)

“Case of the Dishonest Debtor. When to keel haul your client. Issues surrounding conflict between a difficult client, candor to the tribunal and the truth.” Cynthia Grimes,  (Lenexa, KS), Jill Michaux, (Topeka, KS), and Hon. Thomas Waldon (Ret.) (Tucson, AZ).

WORKSHOP SCHEDULE AND BROCHURE

The median family income figures by household size to use on the bankruptcy means test for cases filed on or after May 1, 2012 have been released. Fortunately, for Kansas consumers struggling with paying debts, the figures have increased and more people will be able to pass the means test on the first go through.

If your income exceeds these figures, don’t despair, you still may pass the means test on the second go through. Most clients do. Many people, including other lawyers, misunderstand the means test and conclude incorrectly that the median income figure is the end of the analysis. You may still qualify for bankruptcy with above-median income.

Unfortunately, the bankruptcy means test is a complicated formula with many variables and different court rulings from place to place. It cannot be easily calculated. We calculate the means test for  our clients so you do not have to worry about it.

Add $7500 for each additional household member

 

Photo Credit: License Some rights reserved by ryantron.

Fees to download bankruptcy documents from the federal court increased 25% to 10 cents per page today. The fee is capped at $2.40 per document, there is no fee for access to court opinions, and fees are waived for users who incur less than $15 of use in a quarterly billing cycle.

All documents with the bankruptcy court are filed electronically using the Court’s case management electronic case filing (CMECF) computer sosftware. As each document is uploaded to the Court, it is docketed and an index of documents and events is created for the case. A copy of the filing is automatically sent to all the attorneys involved in the case and to interested parties who have requested notice. Individual documents can be downloaded by clicking on the hyperlinks in the case dockets.

You must have an account with the federal judicial system’s Public Access to Court Electronic Documents (PACER) system to download documents. You will log in to PACER to view the document or docket report links in the emails you receive and the fees will be assessed to your account.

Some courts allow PACER users to monitor cases by email via an RSS feed.  To learn if your bankruptcy court has implemented RSS, go to the PACER website and click on the RSS feed information. Kansas bankruptcy court does not yet offerRSS service.

You need your tax returns to file for bankruptcy.  But when you are having bill problems, how do you find the money to get them prepared?  Here is how to get your federal income tax return done free, according to a press release from the Internal Revenue Service.

Do Your Federal Taxes for Free with IRS Free File

WASHINGTON — IRS Free File, which has been making taxes a little less taxing for a decade, opens today, Jan. 17. More than 33 million returns have been filed through Free File since its debut.

Everyone can use Free File, either the brand-name software offered by IRS’ commercial partners or the online fillable forms. Individuals or families with 2011 adjusted gross incomes of $57,000 or less can use Free File software. Free File Fillable Forms, the electronic version of IRS paper forms, has no income restrictions.

“Free File can save you time and money. You can prepare and e-file your tax return at no charge. And, the software helps you find the tax breaks you are due,” said Diane Fox, director, Free File program. “Free File helps make taxes less taxing.”

Free File software is a product of a public-private partnership between the IRS and the Free File Alliance, LLC. The Alliance is a consortium of approximately 20 tax software providers who make versions of their free-file products available exclusively at www.irs.gov/freefile.

All Free File members must meet certain security requirements and use the latest in encryption technology to protect taxpayers’ information. Seventy percent of taxpayers – 100 million people – are eligible for Free File software. It’s perfect for first-time filers, families looking to save money or older Americans adept at using the Internet.

People with an adjusted gross income of $57,000 or less are eligible for at least one software product if not more. Each of the Free File software providers sets their own eligibility requirements, usually based on qualifiers such as income, state residency, age or military status.

The easiest way to locate a software provider is to use the online “get help” tool atwww.irs.gov/freefile that, with a little of a taxpayer’s information such as income, age and state residency, can identify matching free-file products. Or, taxpayers can review all providers and their offers. Some software providers also offer state income tax preparation for free or for a fee.

Also, the IRS is working with select volunteer tax sites such as Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly. There are 200 locations nationwide that have set up Free File kiosks where taxpayers can use computers to prepare their own returns with Free File.

For taxpayers whose incomes are more than $57,000, there’s Free File Fillable Forms, available only at the IRS website. This program is best for taxpayers experienced in preparing their own federal tax returns. For people who prefer doing their taxes the old fashioned way – by paper – this is an electronic alternative.

Free File Fillable Forms performs some math calculations and provides links to some IRS publications. It does not use the familiar question-and-answer format used by software. Taxpayers can e-file the forms for free.  It also does not support state income tax returns.

Taxpayers must access the free-file products through IRS.gov or authorized kiosks to avoid any charges for preparing or e-filing a federal tax return.

Once taxpayers have selected a Free File software product, they will be directed away from IRS.gov to the partner’s site to prepare and e-file their returns. The IRS does not retain any personal information from the taxpayers.

The IRS also encourages businesses, state and local governments, charities and churches to inform their employees, clients and customers about Free File.

Image Credit:  This work has been released into the public domain by its author, Arpingstone.

To save money, the U.S. Bankruptcy Court in Kansas has stopped sending blank proof of claim forms to all creditors with notice of every new bankruptcy case filing.

Proof of Claim forms can be obtained at the U.S. Courts web site, the Kansas bankruptcy court website or at any bankruptcy clerk’s office.

Photo Credit:  balance by William Hoffman

2011 POVERTY GUIDELINES FOR KANSAS, THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA

Persons in family Poverty guideline
1 ………………………………………… $10,890
2 ………………………………………….. 14,710
3 ………………………………………….. 18,530
4 ………………………………………….. 22,350
5 ………………………………………….. 26,170
6 ………………………………………….. 29,990
7 ………………………………………….. 33,810
8 ………………………………………….. 37,630
For families with more than 8 persons, add $3,820 for each additional person.

The poverty guidelines issued here are a simplified version of the poverty thresholds that the Census Bureau uses to prepare its estimates of the number of
individuals and families in poverty.

As required by law, this update is accomplished by increasing the latest published Census Bureau poverty thresholds by the relevant percentage change in the Consumer Price Index for All Urban Consumers (CPI–U). The guidelines in this 2011 notice reflect the 1.6 percent price increase between calendar years 2009 and 2010. After this inflation adjustment, the guidelines are rounded and adjusted to standardize the differences between family sizes.

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.