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Archive for January, 2008

Region 20 U.S. Trustee Named »

The Executive Director of the Executive Office of the U.S. Trustee announced that Richard A. Wieland has been installed as U.S. Trustee for Region 20 in Kansas, Oklahoma and New Mexico.
Wieland has been acting U.S. Trustee since September 1, 2007. He has 20 years experience as a trial lawyer in the U.S. Trustee’s office [...]

Can I Change Lawyers In A Bankruptcy Case? »

It happens: you’ve hired an attorney to file for bankruptcy for you and somewhere along the line, either before or after the filing, he or she seems to be dropping the ball.  Can you change attorneys?  Absolutely!
But that’s not the end of the story.  To change, find a new attorney willing to take over.  Make [...]

Bankruptcy Means Test Income Allowances Change February 1 »

The figures used for your state’s median family income on the bankruptcy means test will change again for cases filed on or after February 1, 2008. A chart by state and family size is available on the U.S. Trustee website.
The numbers come from the U.S. Census Bureau and have been adjusted six times since [...]

Means Test: Don’t Give Up, Even If You Think You’ve Flunked It, Part 9 »

If your lawyer tells you that the means test, or Form B22, is creating a problem in your bankruptcy case, make sure you have included every possible expense the law allows. Many expenses allowed by Form B22 are for items which are unique to some people, and your lawyer may not know about them. [...]

Minnesota Bankruptcy Law: Self Employed Debtors Can Claim an Exemption for “Wages” »

In Minnesota, a person filing for bankruptcy and choosing to use the Minnesota exemptions has traditionally been allowed to keep 75 percent of wages owed to him or her on the day the bankruptcy was filed, pursuant to Minnesota Statutes Section 550.37 subd. 13. It has been widely believed that this exemption applied only [...]

Can I Contribute to or Repay a Loan to 401k in Chapter 13 Bankruptcy? »

January 18, 2008, Jacksonville, Florida - A recent case out of the Jacksonville Division of the Middle District of Florida has held that neither 401k contributions nor 401k loan repayments are included in a Chapter 13 debtor’s disposable income, without regard to whether the debtor is above or below median income.
Despite a whole line [...]

Will Filing for Bankruptcy Prevent Me From Opening a Checking Account? »

Over at our sister site, Credit Law Network, there are a few articles about Chex Systems and Tele-Check. These companies assist financial institutions and merchants in preventing losses from bad or fraudulent checks. Chex Systems co-sponsors an educational program for those who have bounced checks in the past to qualify to open a [...]

Filing Two Bankruptcy Cases Can Be A Smart Move »

You might be wondering how filing two bankruptcy cases could possibly be legal, or why somebody would ever want to do it.  Actually, filing two bankruptcy cases is not that unusual, although most would not benefit from this process.  “Filing two bankruptcy cases” does not mean filing two cases at the same time; it means filing one [...]

Zombie Student Loans Arise From The Grave »

Student loans made before 1998 were given new life by Congress when it eliminated the seven year discharge rule in 1998. The United States Court of Appeals for the 9th Circuit recently affirmed the right of Congress to modify discharge rules after the loan was taken out.
Prior to the change in 1998, a student [...]

Landlord Security Deposits In Bankruptcy: Can the Trustee Take It? »

When a person who does not own a home, but instead rents the apartment or home he or she lives in, files for bankruptcy, the assets which must be listed in the bankruptcy papers will usually include a landlord security deposit. The reason the landlord deposit must be listed is that it still belongs [...]