By Jill Michaux, Kansas Bankruptcy Attorney on Jan 27, 2008 in General Bankruptcy Information | 0 Comments
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 [...]
By Douglas Jacobs, California Bankruptcy Attorney on Jan 27, 2008 in Bankruptcy Practice and Procedure, Choosing Bankruptcy Attorney | 0 Comments
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 [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Jan 26, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas, Means Testing | 0 Comments
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 [...]
By Craig Andresen, Attorney at Law on Jan 26, 2008 in Means Testing | 0 Comments
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. [...]
By Craig Andresen, Attorney at Law on Jan 25, 2008 in Decisions of Interest, Minnesota | 0 Comments
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 [...]
By Chip Parker, Jacksonville Bankruptcy Attorney on Jan 25, 2008 in Bankruptcy Cases of Interest, Chapter 13 Bankruptcy, Decisions of Interest, Florida, General Bankruptcy Information, Means Testing | 0 Comments
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 [...]
By Eugene S. Melchionne, Connecticut Bankruptcy Attorney on Jan 24, 2008 in Bankruptcy Myths, Connecticut, Credit Reports, General Bankruptcy Information | 0 Comments
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 [...]
By Craig Andresen, Attorney at Law on Jan 23, 2008 in Automatic Stay, Bankruptcy Practice and Procedure | 0 Comments
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 [...]
By Kent Anderson, Oregon Bankruptcy Attorney on Jan 22, 2008 in Bankruptcy Cases of Interest, Decisions of Interest, Discharge, What Can and Cannot Be Forgiven, Featured, Student Loans | 0 Comments
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 [...]
By Craig Andresen, Attorney at Law on Jan 22, 2008 in General Bankruptcy Information | 0 Comments
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 [...]