Topeka's Only Consumer Bankruptcy Law Specialists Now Helping Borrowers with Federal Student Loans
MORE LINE BY LINES OF B22C
In re Hays, Case No 07-41285
April, 2008, Judge Karlin
13 Trustee objections to debtor’s attempts to claim living expenses for non-dependent debtors as well as for secured debt on a timeshare. Court followed Law and disallowed adult child expenses. The Court allowed the debt on the timeshare to be deducted. The decision is very thorough and is a recommended read.
Digest by:Â Jan Hamilton, Trustee
A Florida debt adjuster sent letters to Chapter 13 bankruptcy debtors in Kansas falsely telling them that their bankruptcy cases were dismissed and to call right away “to discuss the terms of your dismissal.” What a scam!
These letters from First American Debt Solutions are absolutely FALSE! The bankruptcy cases are NOT DISMISSED! These letters are outrageous! They frighten vulnerable consumer debtors and cause panic. Debtors are tricked into thinking they are no longer protected by the bankruptcy stay against collection.
If you receive one of these outrageous letters, call your bankruptcy attorney right away. She can assure you the letter is false, your case is active and you are still protected by the automatic stay. She will want the letter and mailer to save as evidence against this company. This fraudulent activity have been reported to the Chapter 13 Bankruptcy Trustee, the U.S. Trustee and the Office of the Kansas Bank Commissioner.
Here is part of one letter two clients got this week: [Read more…]
In our never ending quest to stay current on developments in bankruptcy law, Mark Neis and Jill Michaux attended an all-day seminar in Kansas City on a new court rule for paying delinquent mortgages through a chapter 13 bankruptcy plan Friday.
Nationally recognized speakers were O. Max Gardner III of Shelby, NC; Debra L. Miller, Chapter 13 Northern District of Indiana; and Lance E. Olsen, managing partner of Routh Crabtree Olsen, PS, of Bellevue, WA.
Renown bankruptcy attorney Gardner is an expert predatory home mortgage servicing and a trainer teaching an army of lawyers to fight mortgage abuses at the Max Gardner Bankruptcy Boot Camps. He has been recognized as a Champion of Consumer Rights by the National Association of Consumer Bankruptcy Attorneys. [Read more…]
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 17, 2008, Bench and Bar Committee:
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 longer be accepted in person at Griffin’s office in Fairway, at meetings of creditors or at court hearings. All payments must be mailed to the Memphis lock box.
Griffin is not moving his office. He is changing banks to Suntrust Bank.
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, 2008.
Proponents of the new rule say the chapter 13 trustee records will aid the court in protecting debtors from charges for inappropriate fees and from false allegations of nonpayments. Opponents of the new rule object to the chapter 13 fee (up to 10%) added to the to the mortgage payments, creating additional financial hardship for debtors.
