The federal bankruptcy courts rolled out short web videos on basic bankruptcy topics for consumers considering filing bankruptcy. The first video explains that bankruptcy is a legal process for individuals who cannot pay their debts, which stops … [Continue reading]
New Kansas Chapter 13 Bankruptcy Discharge Procedure Proposed
A new procedure for issuing chapter 13 bankruptcy discharges and administratively closing the cases is being considered in the U.S. Bankruptcy Court for the District of Kansas. Here is a summary of the procedure from the minutes of the September … [Continue reading]
Strict Deadlines Apply to Discharge Challenges
Section 704(b) requires that the U.S. Trustee file a statement of abuse within 10 days after the date of the first meeting of creditors and a motion to dismiss for abuse within 30 days after filing the statement. Judge Julie A. Robinson of the Kansas … [Continue reading]
Consider Chapter 13
Considerchapter13.com is a new web site launched by the National Association of Chapter 13 Trustees Academy for Consumer Bankruptcy Education. The site contains information for consumers and bankruptcy attorneys by the Chapter 13 trustees who belong … [Continue reading]
Bailout No Help for Kansas Home Borrowers
Legislation that would have allowed for bankruptcy court-supervised loan modifications in some limited circumstances, sometimes called lien stripping, was stripped from the Wall Street bailout bill in Congress this weekend after protests from the … [Continue reading]
New Mortgage Payment Rule Clarified
New Standing Rule 08-01 for ongoing mortgage payments through the 13 trustee in Kansas applies to all chapter 13 banrkuptcy cases filed on or after October 1, 2008. Â Debtors in cases filed earlier will not be subjected to the new rule even if they … [Continue reading]
New Address for KCK Chapter 13 Payments
Effective October 1, 2008, all chapter 13 payments to William H. Griffin Trustee must be mailed to PO Box 613106, Memphis TN 38101. Payments to Griffin, the standing chapter 13 bankruptcy trustee for cases filed in Kansas City, Kansas, will no … [Continue reading]
New Rule: Chapter 13 Mortgage Payments Through Trustee
The Kansas Bankruptcy Court adopted a new rule requiring chapter 13 debtors behind on mortgage debts when the bankruptcy case is filed to be paid through the trustee. The rule goes into effect for cases filed on or after October 1, … [Continue reading]
Kansas City Software Firm Hired for Largest U.S. Bankruptcy
The Kansas City, Kansas, computer software company used by one Topeka chapter 7 bankruptcy trustee was chosen this week to manage claims for Lehman Brothers Holdings Inc., the largest bankruptcy case in U.S. history. Epiq Systems Inc., develops … [Continue reading]
Kansas Bankruptcy Court Unveils New, Improved Website
The U.S. Bankruptcy Court for the District of Kansas unveiled today a new and improved website at www.ksb.uscourts.gov. Improvements will continue to be made by court personnel for the near future including a RSS feed. … [Continue reading]
Topeka Debtors Allowed Means Test Deduction for Cars With No Liens
EDITOR UPDATE: This post is out of date. Judge Karlin reverted to her original ruling in In re Law after the Pearson decision was vacated. This issue is currently pending the the U.S. Court for the Tenth Circuit so we should have a binding … [Continue reading]
Bankruptcy Income Guidelines to Increase Slightly October 1
It will be a little easier to qualify for bankruptcy relief when the income guidelines used for eligibility increase slightly on October 1. A single Kansas earner will be able to make $894 more per year and qualify for chapter 7 bankruptcy … [Continue reading]
New Standing Order 08-02
The U.S. Bankruptcy Court for the District of Kansas issued Standing Order 08-02 eliminating the requirement of notice to creditors by the chapter 13 trustee in certain circumstances. Here is the text of the order: Notice to all creditors of … [Continue reading]
33 Don’ts Before Filing Bankruptcy
There are lots of do's and don'ts when you file a consumer bankruptcy case. Recently, my NACBA colleagues across the country brainstormed to come up with a short list of don'ts for people thinking about filing for bankruptcy. Violating these, and … [Continue reading]
What is the Means Test?
Among the major tweaks in the 2005 bankruptcy law revision is the so-called means test. Simply put, all consumer debtors must compare household income to their statewide median income of households of similar size. NOTE: debtors with business debts … [Continue reading]