Jill Michaux has helped Kansas consumers with debt problems for three decades. She and her partner, Mark Neis, are Topeka's only bankruptcy specialists, board certified in consumer bankruptcy law by the American Board of Certification. She help start the National Association of Consumer Bankruptcy Attorneys.

 

Author: Jill Michaux

17 Feb Last Day to Comment on New Chapter 13 Plan, Petition, Schedules, Means Test, Bankruptcy Rules Changes

The deadline for public comments to proposed changes to bankruptcy rules and official forms has been extended two days to Tuesday, February 18, 2014, at 11:59 p.m. eastern time. "Speak before then, and you may influence whether these forms,as written, are modified before adoption." -- Cathy...

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18 Jun Does Chapter 13 Mean Paying All Creditors Back? It Could Be Zero to Unsecured Claims

A 13 bankruptcy repayment plan does not necessarily mean that you must repay your debts in full. Don’t be scared off by a chapter 13 bankruptcy payment plan. It does not mean you have to pay everyone back in full with interest. After all, if you could afford to pay everyone back, you would not be thinking about filing a bankruptcy. It may mean you pay NOTHING to your general creditors, the ones without priority status or collateral. So, just how much do you have to pay back in chapter 13? The formula is simple, really.
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24 Apr Random Bankruptcy Audits Stopped

Random audits of consumer debtors in bankruptcy cases have stopped. "Due to budgetary constraints, the USTP has indefinitely suspended its designation of cases subject to audit." Source:U.S. Trustee notice. Material Misstatements The auditors looked for“material misstatements" in consumer debtors' bankruptcy schedules by comparing the documents to tax returns,...

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31 Mar What’s Baseball Got to Do with Bankruptcy?

Batter Hitting Baseball NATIONAL LEAGUE CHAPTER 13 TRUSTEES vs. AMERICAN LEAGUE CHAPTER 13 DEBTORS

The Basic Rules of Baseball Bankruptcy by Jan Hamilton, Chapter 13 Trustee

Sections 544, 545, 547, 548 and 549 of the Bankruptcy Code grant “strong arm” powers to bankruptcy trustees, but not specifically to debtors. These statutes permit trustees to seek set aside of certain transfers, including preferential payments and fraudulent conveyances. Long-standing disputes continue over whether these strong arm powers are available to the chapter 13 trustee, the debtor, both or neither. The precise statutory language in chapters 7, 11, 12, and 13 contribute to judicial polarity. Chapter 13 bears some similarities to chapter 11 and even more so to its stepchild chapter 12, although they are not the same. The chapter 13 trustee and debtor are given certain mandates not wholly inconsistent with the duties of the trustee and debtor in the other applicable chapters. One must start with the proposition that the actual phrase “debtor in possession” is never used in chapter 13, while chapter 12 specifically provides for “removal of debtor in possession” in § 1204. § 1101 states the “debtor in possession” is the debtor. §1306, however, does provide that “the debtor shall remain in possession of all property of the estate,” unless otherwise provided for in the order confirming plan. As is demonstrated, although this dichotomy is at the center of the interpretive dispute, it is not determinative, as other statutes bearing on the issue are not wholly consistent with one another. “All players on a team shall wear uniforms identical in color, trim and style." 1.11(a)(1), Official Major League Baseball Rules. When considering the role of the chapter 13 trustee, it is often difficult to determine which color uniform she is wearing. Is it the uniform of a chapter 7 trustee? The debtor? For what team is she playing? The statutory language ostensibly establishing the scheme for chapter 13’s is not particularly helpful in this regard.
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