How can I afford to file bankruptcy? If I can't pay my bills, how can I afford to pay my bankruptcy attorney? If I can't pay my bills, how can I afford to pay my bankruptcy attorney? Part Two Representing yourself How much does bankruptcy … [Continue reading]
I Feel So Guilty Filing Bankruptcy
Posted on January 6, 2010 Written by
People seeking debt relief often feel guilty about filing for bankruptcy. We are raised to pay our debts and conditioned to feel bad when we can't. In fact, people will go to extreme measures, such as depleting the retirement account, to avoid … [Continue reading]
How Do I Deduct My Non-Filing Spouse’s Expenses on the Bankruptcy Means Test?
Posted on January 6, 2010 Written by
HOW EXACTLY DO WE DEDUCT ‘MARITAL ADJUSTMENTS’? In re Dugan, Case No. 07-40899 August, 2008, Judge Karlin Chapter 13 Trustee objections to debtor’s attempts to include a marital adjustment on Lines 13 and 19 for a non-filing spouse and a … [Continue reading]
Chapter 13 Bankruptcy Payments
Posted on January 5, 2010 Written by
Chapter 13 bankruptcy debtors are responsible for making their plan payments to the trustee.  No excuses. This is true even if your payments are supposed to be deducted from your paycheck. If no deduction is taken out of your check or if … [Continue reading]
What Happens to Divorce Debts in Bankruptcy?
Posted on January 5, 2010 Written by
Debts in the nature of support of child or former spouse are not discharged in either chapter 7 or 13 bankruptcy. What about property settlement debts? If the divorce decree contains a hold harmless obligation that makes one spouse indemnify the … [Continue reading]
Cram Down Value Used for Means Test in Wichita Bankruptcies
Posted on January 5, 2010 Written by
A DEBTOR MUST USE THE STRIPPED/CRAMMED DOWN AMOUNT FOR PURPOSES OF CURRENT MONTHLY INCOME (CMI) ON LINE 47 OF B22C In re Hoss, Case No. 08-10365 In re Arroyo, Case No. 07-12779 August 2008, Judge Nugent In above median income (AMI) cases, … [Continue reading]
Why Did They Stop Sending My Mortgage Statements After Bankruptcy?
Posted on January 4, 2010 Written by
Most home mortgage lenders who send monthly statements to their borrowers will stop sending statements once a bankruptcy is filed.  They will stop withdrawing automatic payments form your bank account. They claim sending the statements and … [Continue reading]
Help for Student Borrowers When School Closes
Posted on January 4, 2010 Written by
Student loans are not generally discharged in bankruptcy, but what happens when the school closes and the student does not receive the education she borrowed the money for? As long as the school closed within 90 days of enrollment or the last day … [Continue reading]
Cold Weather Rule Applies in Bankruptcy
Posted on January 4, 2010 Written by
The Cold Weather Rule protects Kansas residential utility customers who cannot fully pay their winter electric or gas bill from shutoff. The Cold Weather Rule will be in effect from November 1 to March 31. The Cold Weather Rule generally … [Continue reading]
401(k) Withdrawal Is Income for Means Test
Posted on January 4, 2010 Written by
401(K) DISBURSEMENT PRE PETITION IS CURRENT MONTHLY INCOME BUT NOT PROJECTED DISPOSBLE INCOME In re DeThample, Case No 07-11829 July 5, 2008, Judge Nugent Under 1325(b)(1)(B), a singular, one time disbursement is “income†for purposes … [Continue reading]
U.S. Supreme Court Takes Topeka Bankruptcy Case
Posted on January 3, 2010 Written by
A Topeka, Kansas, consumer bankruptcy case is pending in the U.S. Supreme Court. It involves the Topeka chapter 13 trustee objecting to Stephanie Lanning's bankruptcy plan. Lanning had taken a buyout and left her job at Payless Shoesource. She … [Continue reading]
What Is Required to Confirm My Chapter 13 Bankruptcy Plan?
Posted on January 3, 2010 Written by
11 U.S.C. § 1325. Confirmation of plan (a) Except as provided in subsection (b), the court shall confirm a plan if— (1) The plan complies with the provisions of this chapter and with the other applicable provisions of this title; (2) any … [Continue reading]
What Documents Do I Need for a Bankruptcy Audit?
Posted on January 3, 2010 Written by
One in 1000 bankruptcy cases are randomly selected by the U.S. Trustee for audit. When that happens, the debtor is sent a letter requesting copies of the following documents: Payment advices [paystubs] from an employer covering the six calendar … [Continue reading]
Pay Child Support or Lose Your Professional License in Kansas
Posted on January 1, 2010 Written by
PAY CHILD SUPPORT OR LOSE YOUR PROFESSIONAL LICENSE, INCLUDING YOUR LAW LICENSE When a person who holds any kind of professional license or certification in Kansas owes past due child support equal to or greater than three months of child support … [Continue reading]
Means Test Allowances
Posted on January 1, 2010 Written by
U.S. Trustee on means testing national expense_standards for means test Kansas housing charts for means test … [Continue reading]
Out of Date Means Test Guidelines
Posted on December 31, 2009 Written by
Out of Date Means Test Income Guidelines New Income Guidelines After Halloween Here are the new Kansas means test income figures for cases filed on or after November 1, 2009: one earner household $41,357 (up $353) two person household … [Continue reading]
