As the economy worsens, unemployment rises and family incomes are dropping, getting bankruptcy help gets a little tougher. The bankruptcy income guidelines go down a few hundred dollars for Kansas cases filed on or after March 15, 2010. While … [Continue reading]
More Free Tax Filing Help
Posted on February 1, 2010 Written by
VITA volunteers will help people earning less than $49,000 per year with their tax return filing at two Topeka locations. It will be offered at the Topeka and Shawnee County Public Library, 1515 S.W. 10th, Tuesdays 6 to 8:30 p.m., Thursdays 3 to … [Continue reading]
Get Your Taxes Prepared Free
Posted on January 22, 2010 Written by
(Topeka) -- Starting Monday, January 25, free E-File income tax preparation is available on the first floor of the Docking State Office Building, 915 SW Harrison Street, Room 158, Topeka. The assistance site is a partnership of the Kansas Department … [Continue reading]
Bankruptcy Dismissed for No Tax Returns
Posted on January 18, 2010 Written by
DISMISSAL FOR FAILURE TO FILE RETURNS MANDATORY UPON MOTION In re McCluney, Case No. 06-21175 June 2007, Judge Somers The Court sustained a motion to dismiss by the IRS for failure to file pre petition tax returns as required under the new 1308 … [Continue reading]
Gap Insurance, Warranty Not PMSI
Posted on January 17, 2010 Written by
“TRANSFORMATION†RULE AND NEGATIVE EQUITY DISCUSSED; GAP INSURANCE, SERVICE CONTRACT NOT PART OF COLLATERAL In re Miller, Case No 08-40935 December 2008, Judge Karlin Debtor sought, and was permitted, to pay only the cost of the car, rather … [Continue reading]
Negative Equity
Posted on January 17, 2010 Written by
NEGATIVE EQUITY ISSUE NOT RULED UPON IN 1327 CASE In re Kuhasz, Case No. 07-20282 November 2008, Judge Somers Court noted split within the district. Judge Karlin excluded negative equity from PMSI claim in In re Padgett, 389 BR 203, while Judge … [Continue reading]
What Is Business Use of Vehicle?
Posted on January 16, 2010 Written by
BUSINESS USE MUST BE “SIGNIFICANT†TO ESCAPE 910 FULL PAYMENT In re Wilson, Case No. 06-40637 December 2006, Judge Karlin Debtor sought to avoid the full payment requirement of the 910 car loan provision. Debtors were using the vehicles in … [Continue reading]
Creditor Gets Deficiency Claim After Collateral Surrender
Posted on January 16, 2010 Written by
10th CIRCUIT ‘RULES’ In re Rule, Case No. 06-22145 July, 2008, Judge Berger Judge Berger followed In re Ballard 526 F. 3d 634 (10th Cir. 2008), in finding that a 910 car loan may have a deficiency balance after sale of the vehicle. … [Continue reading]
Cramdown of Daughter’s Car Bad Faith
Posted on January 15, 2010 Written by
CAR OWNED BY CHILD CAN BE CRAMMED DOWN BUT NOT GOOD FAITH In re Lewis, Case No. 06-20027 August 2006, Judge Somers The vehicle the debtors proposed to cramdown in the plan was found to belong to the daughter, even though titled to debtors. … [Continue reading]
910 Car Claims Get Interest
Posted on January 15, 2010 Written by
SURRENDER IN FULL SATISFACTION OF 910 AND PAYMENT IN FULL WITH NOT INTEREST NOT ALLOWED In re McClay, Case No. 07-20106 October 2008, Judge Berger 910 vehicle case. Plan provided for payment of full debt with no interest and option to surrender … [Continue reading]
How Much Is My Attorney Paid to Defend Dismissal?
Posted on January 14, 2010 Written by
WICHITA NO LOOK FEE FOR DEFENDING MOTIONS TO DISMISS MAY BE $350.00 In re Kiser, Case No. 06-11453 January 2009, Judge Nugent Debtor filed a motion to modify plan to increase monthly payment and to pay attorney fees of $500.00. Court allowed … [Continue reading]
How Much are Chapter 13 Bankruptcy Fees in Topeka?
Posted on January 14, 2010 Written by
13 ATTORNEY FEES IN TOPEKA In re Beck, Case No. 06-40774 February 2007, Judge Karlin This case should be read in conjunction with the later rendered Professional Fee and Expense Guidelines in Bankruptcy Cases of Judge Karlin. Based upon 330, the … [Continue reading]
How Much Are Chapter 13 Bankruptcy Fees in Wichita?
Posted on January 14, 2010 Written by
13 ATTORNEY FEES IN WICHITA In re Mayer, Case No. 06-10013 October 2006, Judge Nugent This is Judge Nugent’s fee decision. The “presumptive†fee in Wichita is $2500, without prejudice to fee applications, based upon the language of 330, … [Continue reading]
What Is Personal Use of Vehicle for 910 Claim?
Posted on January 13, 2010 Written by
PERSONAL VS. BUSINESS USE FOR 910 CAR CLAIMS In re Lowder, Case No. 05-44802 August 2006, Judge Karlin Creditor objected to confirmation as debtor sought to avoid the 910 car loan restriction by arguing that she used the car to get to and from … [Continue reading]
Is Force Placed Insurance Part of 910 Vehicle Claim?
Posted on January 13, 2010 Written by
COST OF FORCED PLACED INSURANCE IS PART OF PMSI FOR 910 VEHICLE In re Townsend, Case No 07-20956 April 2008, Judge Somers Noting that BAPCPA does not define PMSI but that the phrase is a term of art under the UCC, the Court found that under … [Continue reading]
Reconversion Fails, No Discharge Bankruptcy Dismissed
Posted on January 13, 2010 Written by
CONVERSION CONFUSION In re Fry, Case No. 04-16887 October 2008 Judge Nugent Debtor converted from 13 to 7 and then learned she was not eligible for a 7 and attempted to converted back to 13. Case dismissed as an “end run†around 7 … [Continue reading]
