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In re Kreutzer

What are the conditions for a statute of limitations to apply to a claim on a government loan on a residence? In Kansas the court examined this issue in  In Re Kreutzer, 17-20987 (Doc. # 63) 04/14/2021. In this case the debtors successfully objected to the USDA’s $97,008.73 proof of claim asserting they no longer owed debt because the USDA did not seek to collect before the 6-year statute of limitations had run.   Judge Somers recent opinion outlines the elements of a statute of limitation claim

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Good Faith Factors in Chapter 13

Overview: The Bankruptcy Code requires Chapter 13 plans to be “proposed in good faith”. The code does not have a set standard of what meets this “good faith” test, but courts tend to have a list of factors they consider along with a totality of the circumstances test to determine good faith. Today’s post details what that means for debtors filing plans in Kansas and if the factors set out

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Do married people filing separate bankruptcies each get a homestead exemption?

Overview:  When you are considering filing for bankruptcy and you are married, you must decide whether or not you and your spouse want to file together, only have one person file, or both file separately.  You have the option to file jointly, meaning all property of both spouses and all debts become property of a single bankruptcy estate. You can also file separately without your spouse or only one of you could file. Depending on your situation,

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Can the bankruptcy trustee seize my class action settlement?

Financial disclosure is paramount in filing a bankruptcy petition and can impact the chances of a discharge. In re Lana shows us that the trustee is always looking, even post discharge, for undisclosed assets and why it is important to disclose any potential lawsuit or settlement in your Schedule A/B. Today’s article will touch on personal injury claims and how they fit into the bankruptcy estate. 

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Should I Borrow from My Retirement Account to Pay Down on Debts?

The short answer is no. The long answer is still no unless the circumstances are appropriate. If you borrow money from your retirement account to build a gazebo or replace the roof on your house or even to buy a car it might be a financially sound decision. You have something tangible to show for it – a gazebo, roof, or car. As long as you are paying attention to

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How Can I Qualify for Chapter 7 Bankruptcy?

If you are interested in filing bankruptcy or getting more information about it then the first thing to know is that regardless of what type of case you would like to do your attorney should cover all of your options with you.  This will normally include Chapter 7 and Chapter 13 cases.  If you have yourself set on a Chapter 7 you should know that you do not automatically get

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