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Means Test Form Controls Unless Significant Changes in Circumstances

Posted on December 21, 2009 Written by

B22C CONTROLS UNLESS SIGNIFICANT CHANGES IN CIRCUMSTANCES
In re Lanning, Case No. 06-41037
May 2007, Judge Karlin

Over the Chapter 13 Trustee’s objection, the Court confirmed the plan because of significant changes in circumstances at the time of filing that caused Line 58 on B22C to be higher than what the debtor could afford to pay. BAP and 10th Circuit Court of Appeals affirmed, Petition for Cert to U.S. Supreme Court pending. Lanning controls in Judge Karlin’s court, until, if and when, the decision is overturned.

Digest by:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings, Means Test Tagged: , , , , , , , , , , , , ,

How Long Does Chapter 13 Last if My Income is Below Median?

Posted on December 20, 2009 Written by

BELOW MEDIAN MUST RUN 36 MONTHS, B22C IS TEMPORAL
In re Daniel, Case No. 06-20714
December 2006, Judge Somers

In a Below Median case, debtor’s income is determined by B22C and expenses by Schedule J and must “run” for 36 months (The Applicable Commitment Period) or pay  100% of all allowed unsecured claims. B22C is temporal, rather than a multiplier. Read carefully.

Digest by:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings, Means Test Tagged: , , , , , , , , , ,

Who Gets Paid Out of Chapter 13 Pool?

Posted on December 18, 2009 Written by

WHAT GETS PAID OUT OF THE B22C POOL?
In re Puetz, Case No 0620756
June 2007, Judge Berger

B22C presumptively shows debtors projected disposable income, schedules I and J no longer determine plan payment for above median debtor, but, rather, demonstrate feasibility unless there are special circumstances justifying adjustments to B22C. This is not the plan payment but is what goes to “unsecured creditors”, which are general unsecured claims, anticipated attorney fees but not Chapter 13 Trustee fees or priority claims as these are already netted out in the B22C calculations. Contributions and 401(k) loan repayments are not included in calculating disposable income.

Digest by:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings, Means Test Tagged: , , , , , , , , , ,

My Income Is Above Median, How Long Will My Chapter 13 Plan Run?

Posted on December 17, 2009 Written by

B22C CONTROLS, OR IF DEBTOR USES I AND J, MUST HAVE A FIVE YEAR PLAN
In re Beckerle, Case No.06-20572
April 2007, Judge Berger

ACP is a time frame of either 3 or 5 years and not a multiplier. B22C is a starting place in determining projected disposable income to be received in the 5-year period. A negative number on B22C indicates the plan is not feasible. Debtor can’t have it both ways. If the debtor relies upon I and J to prove feasibility, then the debtor must commit to a 5-year program.

Digest by:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings, Filing Bankruptcy Tagged: , , , , , , , , , , ,

13 Plan Length Figured as of Bankruptcy Filing Date

Posted on December 17, 2009 Written by

ACP IS FIXED BUT PLAN PAYMENT IS NOT
In re Anderson, Case No. 06-20664
April 2007, Judge Berger

Applicable Commitment Period is determined as of the date of filing, but the amount of the plan payment is determined as of the effective date of the plan under 1325(b). Again, the Court noted that the trustee is not required to object.

Digest by:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings Tagged: , , , , , , ,

Chapter 13 Payment Amount Can Change, But Not Plan Length

Posted on December 16, 2009 Written by

APPLICABLE COMMITMENT PERIOD IS FIXED AS DATE OF FILING
In re Moore, Case No. 06-20031
April 2007, Judge Berger

Debtors’ circumstances changed post petition pre confirmation. Although this does not change the ACP, it can change the amount to be paid to creditors. The ACP is locked in as of the date of filing. The Court noted that 1325(b)(1) only comes into play if the trustee objects, and the trustee has the discretion to object or not.

Digest by:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings Tagged: , , , , , , , ,

My Wife Didn't File Bankruptcy, Can I Deduct Her Car Payment on My Means Test?

Posted on December 15, 2009 Written by

NON DEBTOR EXPENSES NOT ALLOWED ON B22C
In re Shahan, Case No. 06-11638
April 2007, Judge Nugent

Above median debtor filed 13; wife did not. Trustee objected to confirmation on basis of various B22C deductions. Debtor was allowed to take a marital deduction on Line 19 from his paycheck, which represented mandatory withholdings from her paycheck and, as such, was not dedicated to household expenses. Debtor sought to deduct future payments on secured debts for wife’s debts on Line 47. Since these were not debtor’s expenses, they were not allowed. Additionally, debtor sought to deduct $415.00 on line 59. This includes wife’s monthly recreational expenses, loan repayment to family, tax prep fees and $200.00 per month to help an adult daughter. These are to be actual expenses. None of these qualified, except for the tax preparation expenses as analyzed by the Court.

Digest By:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings, Filing Bankruptcy, Means Test Tagged: , , , , , , , ,

My Income Is Below Median, How Long Do I Pay My Chapter 13 Payments?

Posted on December 13, 2009 Written by
BELOW THE LINE DEBTOR MUST RUN 36 MONTHS
In re Pohl, Case No. 06-41236
May 2007, Judge Karlin
The Court determined that a below the line debtor’s case must “run” 36 months, unless it
pays off all claims in full, citing 1325(b)(4). Below the line disposable income
determined by Schedule J, since the bottom half of B22C does not get filled out by a BMI
debtor. ACP is temporal and not a multiplier. Judge Karlin cited, with approval, Judge
Somers’ decision, In re Daniel and Judge Berger’s decisions, In re Beckerle and In re
Anderson on the ACP issue.

BELOW THE LINE DEBTOR MUST RUN 36 MONTHS
In re Pohl, Case No. 06-41236
May 2007, Judge Karlin

The Court determined that a below the line debtor’s case must “run” 36 months, unless it pays off all claims in full, citing 1325(b)(4). Below the line disposable income determined by Schedule J, since the bottom half of B22C does not get filled out by a BMI debtor. ACP is temporal and not a multiplier. Judge Karlin cited, with approval, Judge Somers’ decision, In re Daniel and Judge Berger’s decisions, In re Beckerle and In re Anderson on the ACP issue.

Source:  Jan Hamilton, Trustee

Filed Under: Chapter 13, Court Rulings, Means Test Tagged: , , , , , , , , , , , , , , , ,

KCK 13 Bankruptcy Trustee Moves

Posted on November 30, 2009 Written by

The chapter 13 bankruptcy trustee for cases filed in Kansas City, Kansas, has moved to a new office at 6330 Lamar, Ste. 110, Overland Park, KS 66202.

Payments to William H. Griffin, Trustee, still go to the bank lock box at PO Box 613106, Memphis, TN  38101.  No money is accepted at the Overland Park office, all payments must be mailed to the bank.

Filed Under: Chapter 13, Kansas Bankruptcy News

My Chapter 13 Bankruptcy Is Filed, Now What?

Posted on November 15, 2009 Written by

Answers to your basic chapter 13 bankruptcy questions by Jan Hamilton, Standing Chapter 13 Bankruptcy Trustee in Topeka, Kansas:

Please Read This Entire Letter. It contains information needed to complete your Chapter 13 Plan and answers certain questions you may have. If you have a question that is not addressed here, you should contact your attorney. The Trustee’s office does not give legal advice. You may also access your case information by visiting the National Data Center at their website at www.13datacenter.com.

What Do I Need to Do Now?

In accordance with LBR 4001.2, at least seven days before your First Meeting of Creditors, you must provide the Trustee with a copy of the most recently filed state and federal income tax returns. [Read more…]

Filed Under: Chapter 13, Trustees

Video: What Happens at My Bankruptcy Hearing?

Posted on October 15, 2009 Written by

Watch what happens at a bankruptcy meeeting of creditors, also known as your 341 hearing.

What will they ask me at my bankruptcy meeting?

Filed Under: Chapter 13, Chapter 7, Filing Bankruptcy, Trustees, Video

Video: How Do I File for Bankruptcy?

Posted on October 14, 2009 Written by

How to Get Started Filing for Bankruptcy

How to Get Your Bankruptcy Certificate from a Credit Counselor

Documents to Gather for Your Bankruptcy Attorney

Filed Under: Chapter 13, Chapter 7, Filing Bankruptcy, Video

Video: What are the Types of Bankruptcy?

Posted on October 12, 2009 Written by

Types of Bankruptcy

There are three main types of bankruptcy cases for individuals, the most common of which are chapter 7 and chapter 13.

Running Time: (3:55)

Filed Under: Chapter 13, Chapter 7, Filing Bankruptcy, Video

Chapter 13 Bankruptcy Interest Rate for August 2009

Posted on August 8, 2009 Written by

The Trustee’s discount rate of interest effective 8/1/09 through 8/31/09 is 4.75% for chapter 13 bankruptcy cases filed in Topeka and Kansas City, Kansas.  This is the rate paid on claims secured by collateral by the chapter 13 bankruptcy trustee.

Filed Under: Chapter 13

What Happens at My Bankruptcy Hearing? (341 Creditors Meeting)

Posted on July 12, 2009 Written by

The chapter 13 bankruptcy trustee listens, plans and helps financially stressed consumers, a reporter concludes after sitting in on recent chapter 13 bankruptcy 341 hearings (meeting of creditors) in Wichita, Kansas,  conducted by Laurie Williams, the standing chapter 13 bankruptcy trustee for cases filed in Wichita.

You can see the list of questions typically asked at bankruptcy hearings.  Consumer bankruptcy hearings, also called section 341 meetings of creditors, typically last about five to ten minutes in Kansas.

Filed Under: Chapter 13

Chapter 13 Bankruptcy Interest Rate

Posted on July 9, 2009 Written by

The Trustee’s discount interest rate effective 7/1/09 through 7/31/09 is 4.75%, William H. Griffin, the standing chapter 13 bankruptcy trustee for cases filed in Kansas City, KS, announced today.  This is the interest rate paid on secured claims in chapter 13 bankruptcy cases.

Filed Under: Chapter 13, Kansas Bankruptcy News
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