Neis & Michaux - Neis Michaux Law Office

Neis Michaux attorneys named Super Lawyers

Posted on November 14, 2022 Written by Jill Michaux

Super Lawyers announced today that our attorneys, Mark W. Neis and Jill A. Michaux, were selected to the 2022 Super Lawyers list as consumer bankruptcy attorneys in Kansas. This list recognizes up to ﬁve percent of attorneys in the state.

Topeka’s only consumer bankruptcy law specialists

Neis and Michaux have helped thousands of clients obtain much needed relief and financial fresh starts. They are a husband and wife boutique law firm established almost four decades ago. They are Topeka’s only consumer bankruptcy law specialists. They were board certified by the American Board of Certification.

Boutique bankruptcy law firm

Neis and Michaux were named Super Lawyers in consumer bankruptcy law practice. Super Lawyers has previously named Neis in 2009, 2011, 2015 – 2017, 2020 – 2022 and Michaux in 2008 – 2009, 2011 – 2022.

List aids consumers finding a bankruptcy attorney

Part of Thomson Reuters, Super Lawyers is a rating service of lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all ﬁrms sizes, assuring a credible and relevant list.

The annual selections are made using a multiphase process that includes

peer nominations
independent research y Super Lawyers
evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of attorneys as a resource for both consumers seeking legal counsel and referring attorneys.

Read digital edition of Missouri Kansas Super Lawyers 2022.

Bankruptcy Law Network Top 100 Blawg

Posted on December 8, 2008 Written by Jill Michaux

American Bar Association Journal editors voted the Bankruptcy Law Network Top 100 Blawg for 2008.Â Our own Jill A. Michaux is one of 25 lawyers who blog on consumer bankruptcy topics for Bankruptcy Law Network, the most comprehensive online source for consumer bankruptcy information.

BLN authors also write for its sister sites:Â Mortgage Law Network, Credit Law Network and Debt Law Network.

Filed Under: Kansas Bankruptcy News Tagged: American Bar Association, American Bar Association Journal, blawg, consumer bankruptcy, Credit Law Network, Debt Law Network, Jill Michaux, legal blog, Meet My Fellow Bankruptcy Bloggers, Mortgage Law Network, Neis & Michaux, Top 100 Blawg, top 100 blog, Topeka Kansas

GAP Insurance Not In Car Lender's PMSI

Posted on December 7, 2008 Written by Jill Michaux

GAP insurance, service contracts, administrative fees and the traded-in car payoff are not part of a car lender’s purchase-money secured claim in chapter 13 bankruptcy and can be crammed-down if the car is worth less than the loan balance, Judge Janice Miller Karlin ruled this week in In Re Miller, Case No. 08-40935, (Bankr. D.Kan. December 2, 2008).

Judge Karlin suggested the ruling may be different for service contracts in a future case if the creditor convinces her the contract enhances the value of the vehicle.Â Creditors have the burden of proof to establish their purchase money security interest (PMSI) claim, she said.

Non-PMSI charges are still part of the creditor’s secured claim and must be paid in chapter 13 bankruptcy up to the value of the car. A debtor must pay the entire PMSI to retain a car even if the amount is greater than the car’s value if the loan was incurred within 910 days of bankruptcy. [Read more…]

Filed Under: Chapter 13, Kansas Bankruptcy News Tagged: 910 car claim, 910 claim, bankruptcy, car service contract, Chapter 13, chapter 13 bankruptcy, cram down, crammed down, GAP insurance, Janice Miller Karlin, Jill Michaux, Judge Karlin, Kansas, Kansas bankruptcy court, Mark Neis, negative equity, Neis & Michaux, non-purchase money security interest, PMSI, purchase money security interest, service contract, U.S. Bankruptcy Court for the District of Kansas, value of car

Courts Launch Bankruptcy Videos

Posted on November 30, 2008 Written by Jill Michaux

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 debt collection and discharges the debts.

All eight videos can be viewed on bankruptcykansas.info or the courts website.

Filed Under: Exemptions & What You Get to Keep, Filing Bankruptcy Tagged: bankruptcy, bankruptcy basics, bankruptcy basics videos, bankruptcy court, bankruptcy videos, bankruptcykansas.info, discharge debts, Filing Bankruptcy, Jill Michaux, ksb.uscourts.gov. Kansas bankruptcy court, Neis & Michaux, stop debt collection, Topeka Kansas

Consider Chapter 13

Posted on October 19, 2008 Written by Jill Michaux

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 to the NACTT.

As always with any information on the internet, you should ask questions and discuss specific issues with your own bankruptcy attorney.Â Chapter 13 bankruptcy practice varies widely from trustee to trustee and judge to judge around the country.

Filed Under: Chapter 13, Filing Bankruptcy Tagged: Academy for Consumer Bankruptcy Education, bankruptcy, bankruptcykansas.info, chapter 13 bankruptcy, Filing Bankruptcy, Jill Michaux, Mark Neis, NACTT, National Association of Chapter 13 Trustees, National Association of Chapter 13 Trustees Academy for, Neis & Michaux, Topeka Kansas

New Mortgage Payment Rule Clarified

Posted on September 28, 2008 Written by Jill Michaux

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 subsequently become delinquent on their home mortgage payments.

The Hon. Janice Miller Karlin, U.S. Bankruptcy Judge for the District of Kansas, Topeka Division, issued the following statement last week after polling all the Kansas bankruptcy judges: [Read more…]

Filed Under: Chapter 13, Kansas Bankruptcy News, Mortgages Tagged: bankruptcy, bankruptcy judge, bankruptcy judges, chapter 131 bankruptcy, conduit system, home mortgage payments, janice miller, Jill Michaux, Neis & Michaux, new mortgage, Topeka Kansas

New Address for KCK Chapter 13 Payments

Posted on September 24, 2008 Written by Jill Michaux

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.Â All payments must be mailed to the Memphis lock box.

Griffin is not moving his office.Â He is changing banks to Suntrust Bank.

Filed Under: Chapter 13, Kansas Bankruptcy News Tagged: chapter 13 trustee, court hearings, Jill Michaux, kansas city kansas, Kansas City KS, meeting of creditors, Memphis Tennessee, memphis tn, Neis & Michaux, standing chapter 13 trustee, Suntrust Bank, Topeka Kansas, William H Griffin, William H Griffin Trustee

Topeka Debtors Allowed Means Test Deduction for Cars With No Liens

Posted on September 1, 2008 Written by Jill Michaux

EDITOR UPDATE:Â This post is out of date.Â Judge Karlin reverted to her original ruling in In re Law after the Pearson decision was vacated.Â This issue is currently pending the the U.S. Court for the Tenth CircuitÂ so we should have a binding ruling soon.Â December 13, 2009.

Topeka Bankruptcy Judge Janice Miller Karlin announced last week that she is reversing course and will follow the Pearson decision to allow debtors a means test deduction for ownership of a car without a debt against it.

Judge Karlin had earlier disallowed the car ownership deduction in In re Law, 2008 WL 1867971 (Bankr. D. Kan. 2008), following the decision by Kansas District Court Judge John W. Lungstrum in Wieland v. Thomas, 382 B.R. 793 (D. Kan. March 4, 2008), reversing Judge Robert D. Berger of Kansas City, KS, in In re Thomas, 2007 WL 2903201 (Bankr. D. Kan. Oct. 02, 2007). [Read more…]

Filed Under: Bankruptcy Legislation, Bankruptcy Trivia, Chapter 13, Exemptions & What You Get to Keep, Kansas Bankruptcy News, Means Test Tagged: Bankruptcy Appellate Panel, bankruptcy cases, Bankruptcy Law Office, car ownership allowance, chief bankruptcy judge, district court judge, Howell, janice miller, Janice Miller Karlin, Jill A Michaux, John W Lungstrum, Kansas, Kansas Bankruptcy Law Information blog, law, Mark W Neis, Means Test, Neis & Michaux, Pearson, Robert D Berger, Robert Nugent, Thomas, U.S. Bankruptcy Court for the District of Kansas, wichta, Wieland v Thomas

10% Home Mortgages Under Water

Posted on February 24, 2008 Written by Jill Michaux

Here is a scary statistic for 2007 being reported by ABC News: 10% of American homeowners owe more money on their house than the house is worth. That figure has doubled from 5% in 2006.

For homes purchased in the past two years, the figure shoots up to an alarming 30%, according to Reuters. These are the highest numbers of homes under water since the Great Depression of 1929.

Eight million families are in danger of losing their homes due to mortgages that are greater than the value of the homes. See what fellow blogger, Gene Melchionne, has to say on the Mortgage Law Network about what this means for all Americans, particularly retirement funds.

Filed Under: Mortgages Tagged: ABC News, America, Foreclosure, Gene Melchionne, Great Depression, home mortgage foreclosure, home mortgages, homeowners, homes, Jill Michaux, Kansas, losing home, Mark Neis, Mortgage Law Network, Neis & Michaux, owe more money on house than worth, retirement funds, Reuters, short sale, subprime lending, subprime mortgages, Topeka, Topeka Kansas, under water

Wichita Car Dealer Convicted of Bankruptcy Fraud – Facing 5 Years in Jail

Posted on February 23, 2008 Written by Jill Michaux

A Wichita car dealer who gave money to relatives before filing his bankruptcy case and lied on his bankruptcy paperwork was convicted of federal crimes this week and faces possible jail time for his fraud.

Evidence at trial proved he gave money to his wife and his brother prior to filing his bankruptcy case and he lied on his paperwork. He falsely said he had no bank accounts and he had made no transfers of money to relatives nor closed any bank accounts. He also charged $125,000 on credit cards within a year of filing the bankruptcy petition for airline tickets, jewelry and other goods. [Read more…]

Filed Under: Filing Bankruptcy, Kansas Bankruptcy News Tagged: bankruptcy, bankruptcy attorney, bankruptcy crimes, bankruptcy fraud, disclose, fale statement, federal crimes, federal prison, first rule in bankruptcy, Jill Michaux, Kansas, Karen Oakes, Mark Neis, Meet My Fellow Bankruptcy Bloggers, Neis & Michaux, Oregon, Topeka, Topeka Kansas, Wichita, Wichita Kansas

Kansas Bankruptcy Judges End Secret Mortgage Fees in Chapter 13

Posted on February 22, 2008 Written by Jill Michaux

The bankruptcy judges in Kansas have approved new language for all chapter 13 confirmation orders that will put an end to the abusive practice of secretly adding fees to a debtor’s mortgage loan balance.

No real estate creditor shall ever assess, charge or collect, from either the debtor or the real estate collateral, any assessments, fees, costs, expenses or any other monetary amounts, exclusive of principal, interest, taxes and insurance, that arose from the date of the filing of the bankruptcy petition to the entry of the Order of Discharge except as may be allowed by court order or an allowed proof of claim.

Attorney General Six Gives Foreclosure Advice – Get Attorney, Learn Options

Posted on February 21, 2008 Written by Jill Michaux

Kansas Attorney General Stephen N. Six issued the following statement on home mortgage foreclosure this week, urging people facing foreclosure to seek help from an attorney.

Home foreclosure is a growing problem in Kansas and across the nation. Mortgage fraud and subprime lending have left many homeowners stuck with home loans they can no longer afford.

My office recently convened a task force to investigate this problem. Consumer advocates met with representatives from lending and real estate industries to determine ways we can stem the tide of home foreclosure in Kansas. [Read more…]

Filed Under: Foreclosure, Kansas Bankruptcy News, Mortgages Tagged: Attorney General, Attorney General Stephen N. Six, bankruptcy, Foreclosure, fraud, home foreclosure, home mortgage foreclosure, home mortgage fraud, homeowners, HUD, Jill Michaux, Kansas, Kansas Attorney General, Kansas Attorney General Stephen N. Six, Mark Neis, mortgage fraud, mortgage rescue company, Neis & Michaux, scam, Stephen N. Six, subprime lending, Topeka, U.S. Department of Housing and Urban Development

Board Certification Renewed for Jill Michaux

Posted on February 10, 2008 Written by Jill Michaux

Jill Michaux has earned recertification in consumer bankruptcy law by the American Board of Certification. She was awarded her 15 year pin as a consumer bankruptcy specialist.

She was the first Kansas lawyer to be board certified in consumer bankruptcy law. Her partner, Mark Neis, was second. Today, they are the only board certified consumer bankruptcy specialists in Topeka and two of ten in Kansas.

Board certification means that Jill has met rigorous, objective standards and has demonstrated expertise in consumer bankruptcy law. She goes the extra mile to keep current on bankruptcy law changes by attending national seminars, participating in daily e-mail updates and by attending several times the hours of continuing legal education required by Kansas.

You expect certification from your doctor – expect it from your lawyer too. Hiring an attorney with expertise in any specialized field of law, such as bankruptcy, can be a bewildering experience. As a client, you want to make sure your attorney is experienced in consumer bankruptcy law. Choosing a board certified specialist in one way to make sure.

Filed Under: Foreclosure, Kansas Bankruptcy News Tagged: American Board of Certification, bankruptcy, bankruptcy specialist, board certified, board certified in bankruptcy law, board certified in consumer bankruptcy law, choosing a bankruptcy attorney, choosing a bankruptcy lawyer, choosing a lawyer, choosing an attorney, expertise, Jill Michaux, Kansas, Mark Neis, Neis & Michaux, Topeka, Topeka Kansas

Can't Add Your Spouse to Your Individual Bankruptcy Case Later

Posted on February 4, 2008 Written by Jill Michaux

Your spouse does not have to file bankruptcy with you in Kansas, but make sure you don’t want to file a joint case, because you can’t add your spouse to the case later.

Judge Dale L. Somers denied an attempt by a debtor to add her spouse two months after she filed her case by amending her petition filed with the Court. In Re Cheryl R. Daly, 07-22628-13, (Bankr. D.Kan. 01-28-2007).

It would be possible for the nonfiling spouse to file his own case and then consolidate the two cases for administration.

Filed Under: Filing Bankruptcy Tagged: adding spouse, bankruptcy, bankruptcy petition, consolidation for administration, Dale L Somers, Jill Michaux, joint case, joint petition, Judge Dale L Somers, Kansas, Neis & Michaux, nonfiling spouse, Topeka

More Kansans Can Qualify for Bankruptcy Help with Increased Income Allowances

Posted on January 27, 2008 Written by Jill Michaux

The Kansas income guidelines for the bankruptcy means test go up February 1, 2008.

Kansas Median Family Income by Family Size for Bankruptcy Cases Filed on or After February 1, 2008,

1 earner……….$38,594
2 persons……..$52,989
3 persons …….$58,075
4 persons …….$69, 831
5 persons …….$76,731
6 persons …….$83,631
Add $6,900 for each additional individual

Filed Under: Kansas Bankruptcy News, Means Test Tagged: am I eligible for bankruptcy, bankruptcy, bankruptcy eligibility, bankruptcy income test, Bankruptcy Law Office, bankruptcy means test, Jill Michaux, Kansas, Kansas median family income, Mark Neis, Means Test, median family income, Neis & Michaux, P.A., Topeka Kansas, u s census bureau

Wieland Named U.S. Trustee for Kansas

Posted on January 26, 2008 Written by Jill Michaux

Richard Wieland

Richard A. Wieland has been named U.S. Trustee for Region 20, which covers Kansas, Oklahoma and New Mexico.

Wieland has been serving as acting Region 20 U.S. Trustee since September 1, 2007. He is familiar to the Kansas bankruptcy bar, having been a trial lawyer in the Wichita office since 1988. When the Bankruptcy Abuse Prevention and Consumer Protection Act was enacted in 2005, he played a pivotal role in implementing the consumer credit counseling and debtor financial management education requirements for the Executive Office of the U.S. Trustee in Washington, D.C

The U.S. Trustee program is charged with overseeing bankruptcy case administration. Region 20 offices are headquartered in Wichita with additional offices in Oklahoma City, Tulsa and Albuquerque.

Here is a link to the official EOUST press release.

Filed Under: Kansas Bankruptcy News Tagged: Albuquerque, bankruptcy, Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Law Office, Bankruptcy Legislation, consumer credit counseling, credit counseling, D.C., debtor education, debtor financial management education, Dick Wieland, EOUST, Executive Office of U.S. Trustee, financial management, Jill Michaux, Kansas, Kansas bankruptcy bar, lawyer, Mark Neis, Neis & Michaux, New Mexico, Oklahoma, Oklahoma City, P.A., Richard A Wieland, Topeka, Tulsa, U.S. Trustee, U.S. Trustee for Region 20, Washington, Wichita

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