Category: Kansas
By Jill Michaux, Kansas Bankruptcy Attorney on Apr 20, 2008 in Bankruptcy Cases of Interest, Chapter 13 Bankruptcy, Discharge, What Can and Cannot Be Forgiven, General Bankruptcy Information, Kansas | 0 Comments
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. [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Feb 24, 2008 in Bankruptcy Legislation, Chapter 13 Bankruptcy, Foreclosure Issues, Kansas, Mortgages, Protecting Assets In Bankruptcy | 1 Comment
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 [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Feb 23, 2008 in Bankruptcy Cases of Interest, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, General Bankruptcy Information, Kansas | 0 Comments
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 [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Feb 14, 2008 in Bankruptcy Legislation, Chapter 13 Bankruptcy, Foreclosure Issues, Kansas, Mortgages, Predatory Lending, Protecting Assets In Bankruptcy | 1 Comment
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 [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Feb 6, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas | 0 Comments
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 [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Feb 3, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas | 1 Comment
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 [...]
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 Jill Michaux, Kansas Bankruptcy Attorney on Jan 19, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas, U.S. Trustee Audits | 1 Comment
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 [...]
By Rachel Lynn Foley - Kansas City, MO Bankruptcy on Jan 9, 2008 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Kansas, Missouri, Protecting Assets In Bankruptcy | 0 Comments
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 [...]
By Jill Michaux, Kansas Bankruptcy Attorney on Dec 19, 2007 in Bankruptcy Practice and Procedure, Kansas, Lawyer to Lawyer | 0 Comments
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 [...]