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Serial Filings by Debtor Without Lawyer End in No Discharge of Two Debts »

A Kansas debtor can NEVER discharge debts to two objecting creditors, according to a recent decision by Judge Dale L. Somers in In Re Lina Buchanan Guebert, Case No. 07-41165, D.Kan. Bankr. April 2008.
The harsh order was the result of a long history of at least 12 bankruptcy cases in 12 years by Guebert. [...]

Senate to Vote This Week on S.2636: Bankruptcy Loan Modification for Distressed Home Mortgage Borrowers »

Senate Bill 2636 (introduced by Harry Reid, D, NV), which contains a provision that would allow a bankruptcy judge to modify a distressed home mortgage loan in chapter 13 bankruptcy, will be up for a vote by the full Senate this week.
Mortgage lenders are fighting this bill, which would help 600,000 Americans save their [...]

Giving Away Your Money Before Filing Bankruptcy and Lying on Your Paperwork May Land You In Jail »

Giving away your money to your relatives before you file your bankruptcy case and lying on your bankruptcy paperwork may land you in federal prison, as this Wichita man learned out Friday.
A Kansas federal court jury found this former car dealer guilty of making a false statement and bankruptcy fraud. The man is awaiting [...]

Mortgage Loan Modification May Soon Be Allowed in Chapter 13 Bankruptcy »

A bill introduced in the U.S. Senate last night will change the bankruptcy law to allow judges to modify a debtor’s mortgage loan on his home. This bill will help families save their homes from foreclosure.
The proposed law, S.2636, eliminates a provision of the bankruptcy law that prohibits modifications to mortgage loans on the [...]

Bankruptcy Rules Committee to Meet »

The bankruptcy rules advisory committee will meet March 27 and 28, 2008, in St. Michaels, MD. The committee reviews the federal rules of bankruptcy procedure and makes proposals for changes to the Judicial Conference of the United States.
The process is open to the public. Suggestions for rules changes may be sent to the [...]

What Will They Ask Me at My Bankruptcy Hearing? »

Fellow blogger Susanne Robicsek told you what to expect at your meeting of creditors, nicknamed your 341 hearing. What will the trustee ask me, you wonder?
Here is the list of questions your trustee is required to ask you and a list of sample questions your trustee may ask you depending on the facts [...]

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 [...]

Debtor Audits Stopped »

The U.S. Trustee has suspended auditing debtors filing bankruptcy for now. Congress did not fund the audits in the 2008 appropriation. Alternate funding is being sought and audits will resume when funding is found, the Executive Office of the U.S. Trustee reports.
Debtor advocates testified before Congress October 2, 2007, that the audits have [...]

How Do I Value My Home For Bankruptcy? »

Valuing your home for bankruptcy is one of the most important steps when filing for bankruptcy. It will depend on what state you live in as to the amount of equity you can protect in your house. Value of the home minus the amount due and owing on the loan = EQUITY.
For instance [...]

Bankruptcy Appeal Time Extension Proposed »

Litigants will have more time to appeal bankruptcy court rulings under a proposed change in Bankruptcy Rule 8002. Time for filing a notice of appeal would be extended from 10 days to 14 days.
The Advisory Committee on Bankruptcy Rules also seeks public comment on whether the appeal deadline should be extended to 30 days [...]