February 19, 2018
Archives

presidentsday

Holly upgrade

Website Upgrade

The Academy has been hard at work making much needed upgrades to the infrastructure of ConsiderChapter13.orgEven if you don’t normally have to log into your account, you may have to log in today. Be sure to click the ‘Remember Me’ button and in most* circumstances you should only have to log in when your cookies are cleared or when you click the log out feature.

*Some of you have very strict firewalls which do not allow individual computers to remember logins.

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emily-connor-kennedy

Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

By Emily Connor Kennedy, Esq., Boleman Law Firm, P.C. (Richmond, VA)
For those who practice in bankruptcy law, the “whole person” concept is similar to the broad “totality of the circumstances” analysis that is found throughout bankruptcy opinions.
Bill-Brown

From the Editor

By The Honorable William Houston Brown (Retired)
  • Dismissal of CaseDebtor’s attorney’s failure to file timely appeal of dismissal was not excusable neglect
webinar

Register NOW for the Academy’s Next Free Webinar

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific

Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.

loanmodification

Webinar Recording Now Available

The Current Loan Modification Arena

On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!

bobbranson

Need Help With Loan Modifications?

(Not password protected)

tammybransonDuring The Current Loan Modification Arena webinar, the Bransons mentioned their proprietary software which makes loan modification calculations a breeze. Click here to check out how you can purchase this software.Additionally, the Bransons offer educational programs and materials to help you set up your own loan medication program. Click here for more information.

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
Laila-Gonzalez

In Case You Missed It . . .

Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?

By Laila Gonzalez, Freire & Gonzalez, P.A. (Miami, FL)
“There are three lines of cases regarding the Debtor’s ability to contribute to a voluntary retirement plan post-petition.”
February 12, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Precedent setting: Nothing requires a court to dismiss a Chapter 13 case filed by a debtor whose unsecured debts exceed the debt limits of § 109 where the excess debt derives from student loans.
Laila-Gonzalez

Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?

By Laila Gonzalez, Freire & Gonzalez, P.A. (Miami, FL)
“There are three lines of cases regarding the Debtor’s ability to contribute to a voluntary retirement plan post-petition.”
webinar

Register NOW for the Academy’s Next Free Webinar

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacificDescription: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
loanmodification

Webinar Recording Now Available

The Current Loan Modification Arena

On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!
bobbranson

Need Help With Loan Modifications?

(Not password protected)
tammybransonDuring The Current Loan Modification Arena webinar, the Bransons mentioned their proprietary software which makes loan modification calculations a breeze. Click here to check out how you can purchase this software.Additionally, the Bransons offer educational programs and materials to help you set up your own loan medication program. Click here for more information.
didyouknow

Did You Know?

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
Holly Davala

In Case You Missed It . . .

Forced Vesting – Take It. Please.

By Holly Davala, Staff Attorney for Chapter 13 Trustee Lauren Helbling (Cleveland, OH)

“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:

February 5, 2018
Archives
amyx

Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?

By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS)
“Does the automatic stay require action when inaction would otherwise affect estate property?”
Holly Davala

Forced Vesting – Take It. Please.

By Holly Davala, Staff Attorney for Chapter 13 Trustee Lauren Helbling (Cleveland, OH)

“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:

webinar

Register NOW for the Academy’s Next Free Webinar

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?When:Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacificDescription:Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
irs

From the IRS

(Not password protected)
(Many IRS items could also be used in your blog.)

How Taxpayers Across the Country Can Have their Taxes Prepared for Free

Millions get their taxes done free through two programs sponsored by the IRS. These help people with lower and moderate incomes:

  • The Volunteer Income Tax Assistance: This program is also known as VITA. It offers free tax return preparation to eligible taxpayers who generally earn $54,000 or less.
  • Tax Counseling for the Elderly: TCE is mainly for people age 60 or older, but offers service to all taxpayers. The program focuses on tax issues unique to seniors. AARP participates in the TCE program through AARP Tax-Aide.
nclc

From the NCLC on the CFPB

(Not password protected)

A Letter from Rich Dubois, Executive Director, NCLC

“ . . . the Court of Appeals for the District of Columbia ruled yesterday that the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional . . .”
loanmodification

Webinar Recording Now Available

The Current Loan Modification Arena

On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!
irs

From the IRS

(Not password protected)

Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

Did You Know?

(Not password protected)
creditcards

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
Kellner

In Case You Missed It . . .

Separate Classification and Unfair Discrimination – Co-obligors Debts

By Jeffrey M. Kellner, Chapter 13 Trustee (Dayton, OH)
As a Chapter 13 Trustee faced with numerous proposed plans which discriminate in the payments to non-priority unsecured claims, it does not happen often when the plan proposes to pay the unsecured claims of co-obligors less than the 100% dividend proposed to non-priority unsecured claims.
January 29, 2018
Archives
Kellner

Separate Classification and Unfair Discrimination – Co-obligors Debts

By Jeffrey M. Kellner, Chapter 13 Trustee (Dayton, OH)
As a Chapter 13 Trustee faced with numerous proposed plans which discriminate in the payments to non-priority unsecured claims, it does not happen often when the plan proposes to pay the unsecured claims of co-obligors less than the 100% dividend proposed to non-priority unsecured claims.
webinar

Register NOW for the First Free Academy Webinar of 2018

Title: The Current Loan Modification Arena
When: Wednesday, January 31, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Attorney Brent Meyer will moderate a one-hour discussion on new and existing loan modification programs. Experts Robert Branson and Tammy Branson will update attendees on options available to clients . . . and there ARE options. This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.
farmers

Farmers in Crisis

(Not password protected)
irs

From the IRS

(Not password protected)

Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

wonderemoji

In Case You Missed It . . .

“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!

By Academy Staff
“Judge Kendig’s conclusion flows from a faulty premise.”
January 22, 2018
Archives
morgan-king

Was It a Return?

By Morgan King, The Morgan King Company (Dublin, CA)
“The standard for determining whether a document is a return consists of a four-part analysis known as the Beard test.”
frostberries

“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!

By Academy Staff
“Judge Kendig’s conclusion flows from a faulty premise.”
cfpb

From the CFPB

(Not password protected)
irs

From the IRS

(Not password protected)

Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

creditcards

Finally, Some Good News. Well, for the Consumer Bankruptcy Industry

(Not password protected)
caution

FAR BEYOND Sanctions and Irony and Fraud, Oh My!

(Not password protected)
hildebrand

In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“While it is possible for a Chapter 13 debtor to have two bankruptcy cases at the same time, a debtor is precluded from having two reorganization bankruptcy cases at the same time.”
January 15, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“While it is possible for a Chapter 13 debtor to have two bankruptcy cases at the same time, a debtor is precluded from having two reorganization bankruptcy cases at the same time.”
Bill-Brown

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Back by popular demand, Judge Brown is at it again. This week he brings Academy subscribers three cases, all regarding the automatic stay.

caution

CLOSE TO HOME Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Counterfeit Check Cashing Scheme Lands Newark Man in Jail for 6 Years

Although there was no loss, Trustee Greenberg in Fairfield, New Jersey, was directly affected by this counterfeit operation. NJ State Police requested that she make a victim’s impact statement.Do you think six years is a long enough sentence? Click here and let us know your thoughts.
justice

From the Supreme Court

(Not password protected)
irs

From the IRS EXTRA

(Not password protected)

New Mailing Address for Forms 8809 — Faxes No Longer Accepted

All Forms 8809, Application for Extension of Time to File Information Returns,filed on paper are now processed by the Internal Revenue Service Center in Ogden, Utah. These paper forms must be mailed. Faxes will not be accepted.The mailing address is:

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0209

The IRS will only grant extensions for very specific reasons. For example, records were lost in a disaster or someone responsible for filing the company’s returns has an unavoidable absence.

nclc

From the National Consumer Law Center

(Not password protected)

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Program costs three times the amount collected from financially-strapped taxpayers
401k

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
judgehumphrey

In Case You Missed It . . .

A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

By the Honorable Guy R. Humphrey, United States Bankruptcy Judge, Southern District of Ohio
Click here for “. . . a framework for drafting complaints that will avoid unnecessary procedural motions and issues for the court and which will aid in the claimant’s obtaining the relief which is sought.”Judge Humphrey provides Academy members an excellent tool which can be found under The Toolbox tab in both the Definitions and Debtor Attorney categories.
January 8, 2018
Archives
judgehumphrey

A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

By the Honorable Guy R. Humphrey, United States Bankruptcy Judge, Southern District of Ohio
Click here for “. . . a framework for drafting complaints that will avoid unnecessary procedural motions and issues for the court and which will aid in the claimant’s obtaining the relief which is sought.”Judge Humphrey provides Academy members an excellent tool which can be found under The Toolbox tab in both the Definitions and Debtor Attorney categories.
scottstout

Why Can’t I Get My Chapter 13 Plan Confirmed? (Or Simple Keys on How I Can Satisfy the Trustee So I Can Get Paid)

By Scott G. Stout, Staff Attorney for Chapter 13 Standing Trustee Jeffrey M. Kellner (Dayton, OH)
Attorney Stout describes three easy ways to pave the way for plan confirmation and, hopefully, get paid along the way.
cpuflaw

In the Tech Department

(Not password protected)
creditcheck

Credit Check Shake-Up

(Not password protected)
401k

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
rapoport

In Case You Missed It . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“ . . . an opinion is going to involve some juicy facts when this is the first sentence: “This Motion to Expunge an attorneys’ fee lien asserted by the debtors’ former attorney involves an important tool in the judicial toolbox for addressing the dilemma of counsel who incompetently represent debtors who have a meritorious case.”
January 1, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“ . . . an opinion is going to involve some juicy facts when this is the first sentence: “This Motion to Expunge an attorneys’ fee lien asserted by the debtors’ former attorney involves an important tool in the judicial toolbox for addressing the dilemma of counsel who incompetently represent debtors who have a meritorious case.”
ridethrough

Sorry Folks, There is No “Riding Through” This Town!

By Academy Staff

“ . . . Faced with these equally undesirable alternatives, clever attorneys came up with a fourth option – the ‘ride through’. This alternative, not found anywhere in the Code, could be used where Debtor was not in default under the loan agreement.”

This is one you definitely want to read!

cfpb

CFPB Releases Report on State of Credit Card Market

(Not password protected)
Click here for highlights
Click here for entire report
scotusmale

Regarding the Supreme Court

(Not password protected)
taxreform

From Our Friends at Credit Slips

(Not password protected)
paidinfull

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • How to Get Away with Bankruptcy Fraud – Los Angeles is the nation’s hub for bankruptcy crime. Scammers prey on struggling homeowners with little fear of getting caught, because criminal enforcement of bankruptcy laws is rare.
December 25, 2017
Archives
marie-anngreenburg

On behalf of the Board of Directors and Staff of the Academy, we are pleased to bring you a special Holiday poem by one of our very favorite Trustees . . .

T’WAS AN UGLY SWEATER
By Marie Ann Greenber

There once was a sweater;
It wasn’t that nice.
Nobody would wear it;
Not even the mice.

The sweaters were knit by hand with great care.
They’re ugly still.
Wear them; I dare!

The children were puzzled and scratching their heads.
Dad’s wearing that? They yelled with great dread.

And moms going to let him?
and I’m yelling NO!
Theirs brains must have left them.
Their heads filled with snow.

Then all of a sudden there was a loud sound.
We jumped from our seats and looked all around.

It came from the chimney.
We were ready to flee.
Then down came a girl;
And her name was Aly.

Her sweater was hideous.
Her plan insidious.
She seemed quite rogue –
Perhaps a subscription to Vogue?

She swapped every present and filled every stocking with sweaters so ugly –
A sight oh so shocking.

Put them on and let’s see. She said with great glee.
The ugly sweater is all the rage.
Even Beyoncé wears one on stage.

Who’s is the best? Who wins this contest?
They all shouted ME.
Mine is ugly! You see.

So year after year we all gather here.
To show off our sweater and see who’s is better.

Merry Christmas and Happy New Year!

richard parker

In Case You Missed It . . .

Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons

By Richard J. Parker, Parker, Butte & Lane, P.C. (Portland, OR)
An excellent article exploring answers to can and should an undocumented person file for bankruptcy protection in America??
freeze

From The . . . Well . . . I’m Not Sure Where This is Coming From but Possible Freeze Could Affect Trustee Compensation

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
December 18, 2017
Archives
RICHPARKER

Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons

By Richard J. Parker, Parker, Butte & Lane, P.C. (Portland, OR)
An excellent article exploring answers to can and should an undocumented person file for bankruptcy protection in America.
item2

Fond Adieu to Beloved Trustee

(Not password protected)
juliawisenberg

Bankruptcy Court Refuses to Enforce Arbitration Clause for Claims Inextricably Bound Up with Bankruptcy Process

By Julia Wisenberg, Contributing Author
The Academy is pleased to have a new third year law student contributing author. Look for more great articles from Ms. Wisenberg.
marie-anngreenburg

/s/, A Signature; Not a Sword

By Marie-Ann Greenberg, Esq., Chapter 13 Standing Trustee, District of New Jersey (Newark Vicinage)

“This trustee has found a growing number of attorneys who file petitions and other documents without first having an original signature. They are using the simple /s/ procedure not as a signature, but as a sword. . . .In the Eastern District of Virginia an attorney was declared a forger by the bankruptcy court for filing a bankruptcy without an actual signed petition.”

NEW THIS WEEK . . . An Unexpected Development

In response to Trustee Greenberg’s article above, we received the following comment:

The Central District of California has recently done away with the Electronic signing declaration entirely.

See LBR 9011‐1. SIGNATURES

(a) Holographic Signatures. Except as provided below, every signature on a filed document must be handwritten in ink (holographic). If the document is filed electronically then the filer must scan the signature page and insert it into the electronic (.pdf) version of the document filed with the court. Nothing in this local rule precludes the filing of a signature page that has been transmitted to the filer by facsimile or .pdf, provided that the filer promptly obtains the document bearing the signer’s original holographic signature and complies with LBR 9011‐1(d) below. Under no circumstances may a reproduction of the same holographic signature be used on multiple pages or in multiple documents. Each page that bears the signature of a person must actually have been signed by the person whose signature appears on such page.

Anybody else have an alternative signature local rule??? Click here to let us hear from you.

search

From the ABA

(Not password protected)
nomoney

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

IN CASE YOU MISSED IT…

December 1, 2017 Rules Changes

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)

burdenIn this series of articles, Beverly Burden and Larry Ahern have explained the changes to the Rules of Bankruptcy Procedure and the means by which the amendments bring more uniformity to chapter 13 practice.

Click here for Part 1 – Claims: New Bar Dates and Other Requirements

Click here for Part 2 – Objections to Claims

Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims

Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)

Click here for Part 5 – New National and Local Plans: Common Elements and Related Issues

Click here for Summary which highlights the changes to each rule and provides a cross-reference to the articles, which give a more in-depth analysis.

Click here for Unresolved Issues

December 11, 2017
Archives
marie-anngreenburg

/s/, A Signature; Not a Sword

By Marie-Ann Greenberg, Esq., Chapter 13 Standing Trustee, District of New Jersey (Newark Vicinage)
“This trustee has found a growing number of attorneys who file petitions and other documents without first having an original signature. They are using the simple /s/ procedure not as a signature, but as a sword. . . . In the Eastern District of Virginia an attorney was declared a forger by the bankruptcy court for filing a bankruptcy without an actual signed petition.”
pardo

Slavery and Bankruptcy in America

(Not password protected)
By Professor Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory Law (Atlanta, GA)

Summary/Commentary

(Not password protected)
By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)

plamosProfessor Rafael Pardo has written an extensive and fascinating article to be published in an upcoming Vanderbilt Law Review. He has given us a sneak peek. AND Attorney Phil Lamos gives us a brief summary of the study and a present-day commentary. New this week . . .

doj

From the Justice Department

(Not password protected)
December 4, 2017
Archives
burdenahern

December 1, 2017 Rules Changes – Part VI

Unresolved Issues

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
In this series of articles, Beverly Burden and Larry Ahern have explained the changes to the Rules of Bankruptcy Procedure and the means by which the amendments bring more uniformity to chapter 13 practice. This final article discusses two issues that will continue to be governed by local practice, rules, and judicial rulings.Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)
Click here for Part 5 – New National and Local Plans: Common Elements and Related Issues
Click here for Summary which highlights the changes to each rule and provides a cross-reference to the articles, which give a more in-depth analysis.
bankruptcycourt

From the Bankruptcy Courts

(Not password protected)
pardo

Slavery and Bankruptcy in America

(Not password protected)
By Professor Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory Law (Atlanta, GA)

Summary/Commentary

(Not password protected)
By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
plamosProfessor Rafael Pardo has written an extensive and fascinating article to be published in an upcoming Vanderbilt Law Review. He has given us a sneak peek. AND Attorney Phil Lamos gives us a brief summary of the study and a present-day commentary.

Bitcoins in the News

This is What Could Pop the Bitcoin Bubble

(Not password protected)
bitcoinSee also Academy resource: Bitcoins and Bankruptcy by Phil Lamos
whatstheplan

New Plans

(Not password protected)

Please check the attached list and send us a link to your plan if it is missing.Attached is the list of Plans. (Note that many of the form links will not open in Firefox but do open in Explorer.)

From our research (so far) ELEVEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; District of Vermont, Western District of Virginia; and the District of Wyoming.

bankruptcycourt

From the Bankruptcy Courts – New Clerkship Position

(Not password protected)
United States Bankruptcy Court Montgomery, AL
Term: 2 Years
Clerkship Type: Term Law Clerk-Chambers
Application Deadline: Dec 31, 2017
Term Start Date: Aug 22, 2018
November 27, 2017
Archives
whatstheplan

New Plans

(Not password protected)

Please check the attached list and send us a link to your plan if it is missing. Attached is the most recently updated list of Plans*. (Note that many of the form links will not open in Firefox but do open in Explorer.)

From our research (so far) ELEVEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; District of Vermont, Western District of Virginia; and the District of Wyoming.

Newly added to above list: District of Vermont

*The District of Kansas Plan has been updated.

 

November 20, 2017
Archives
ahern_larry

December 1, 2017 Rules Changes Part V

New National and Local Plans: Common Elements and Related Issues

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
burdenThe Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, Larry Ahern and Beverly Burden will explain these changes.In this fifth part of the series, the authors discuss chapter 13 plan requirements and the elements common to all chapter 13 plans.Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)
whatstheplan

New Plans

(Not password protected)

Thank you to those who responded with a link to your District’s Chapter 13 Plan. Attached is the most recently updated list of Plans. Note that many of the form links will not open in Firefox but do open in Explorer. From our research (so far) TEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; Western District of Virginia; and the District of Wyoming. ***Note that the Southern District of Indiana has been omitted from last week’s list and the Western District of Virginia has been added.***

Please check the attached list and send us a link to your plan if it is missing. Thank you for your assistance.

SKEHEN

A Fond Farewell

(Not password protected)
Beloved Albuquerque Trustee Retiring Soon

Bitcoins in the News . . . Again

Special Report: Twice Burned – How Mt. Gox’s Bitcoin Customers Could Lose Again

(Not password protected)
bitcoinSee also Academy resource: Bitcoins and Bankruptcy by Phil Lamos
rv

Many Older Americans are Living a Desperate, Nomadic Life

(Not password protected)
Click here for Nomadland at Amazon
debt

Student Loan Chronicles

(Not password protected)
hildebrand

IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

No Trustee Percentage Fee Says One CourtA Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor.

November 13, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor.
ahern_larry

December 1, 2017 Rules Changes Part IV

No Math Required? Avoiding Liens Under § 522(f)

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
We regret that parts of Part IV did not post properly last week. It has been reposted as a PDF. We regret any inconvenience.burden
The Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, Larry Ahern and Beverly Burden will explain these changes.In part four of the series, the authors describe a nifty tool in the “national plan” that can be used as a part of any local plan or motion to calculate the amount of lien avoidance available under section 522(f).Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
whatstheplan

New Plans

(Not password protected)

Thank you to those who responded with a link to your District’s Chapter 13 Plan.Attached is the beginning of The Academy’s efforts to comprise an exhaustive list of Plans.

From our research (so far) TEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; Western District of Virginia; and the District of Wyoming.

Please check the attached list and send us a link to your plan if it is missing. Thank you for your assistance.

numbersblocks

By the Numbers

(Not password protected)

Bankruptcy Filings Spike in October

(Great news for those of us in the consumer bankruptcy business!)Slight increase in total bankruptcy filings reflects changes from September this year and October 2016.

justice

From the Supreme Court

(Not password protected)

Oral arguments heard 11/6 in Merit Management Group, LP v. FTI Consulting, Inc.Issue: Whether the safe harbor of Section 546(e) of the Bankruptcy Code prohibits avoidance of a transfer made by or to a financial institution, without regard to whether the institution has a beneficial interest in the property transferred, consistent with decisions from the U.S. Courts of Appeals for the 2nd, 3rd, 6th, 8th, and 10th Circuits, but contrary to the decisions from the U.S. Courts of Appeals for the 7th and 11th Circuits.

debt

Student Loan Chronicles

(Not password protected)
kasper

IN CASE YOU MISSED IT…

Judicial Estoppel – The Eleventh Circuit Reexamines the Standard for its Application in Bankruptcy Cases

By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
“. . . This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which might otherwise be lost to the estate.”
November 6, 2017
Archives

IMG_0607

Shout Out to the Wonderful Folks
at the Credit Education Coalition Seminar
in Columbus, Ohio

GREAT educational meeting.

The Academy connected with many old
friends and made many new ones.

Thank you for inviting us.

lawbook

Judicial Estoppel – The Eleventh Circuit Reexamines the Standard for its Application in Bankruptcy Cases

By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
“. . . This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which might otherwise be lost to the estate.”
Davey

Meet the New Trustee

The ‘Women of Atlanta’ group continues to grow as Davey is appointed Chapter 13 Standing Trustee, replacing relocating Adam Goodman.
uscourts

From the Bankruptcy Courts

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
October 30, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Where a mortgage servicer fails to provide a detailed accounting when it disputes a trustee’s notice of final cure payment and fails to provide a timely response to the notice, the failure of the mortgage servicer’s counsel to comply with the deadlines set by the court justifies an award of attorney’s fees and an order precluding the introduction of any contrary information in the bankruptcy case or any subsequent case; the mortgage servicer was precluded from introducing any evidence that the mortgage obligation was not current and would be bound by a judicial conclusion that the mortgage was current.
weiss

Student Loans and the Elderly: How to Stop Student Loan Collectors and Social Security Garnishment

By Brett Weiss, Esq., Brett Weiss, Chung & Press, LLC (Greenbelt, MD)
“The number of Americans age 60 and older with student loan debt quadrupled between 2005 and 2015 to nearly 3 million. And the average amount they owe has nearly doubled from 12-thousand dollars to almost 24-thousand.”
burden

UPDATED Quick Reference Guide to 2017 Changes to Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden, Chapter 13 Standing Trustee for the Eastern District of Kentucky
Back in July, The Academy first posted Trustee Burden’s Quick Reference Guide which is a summary of certain changes to the Federal Rules of Bankruptcy Procedure effective December 1st. She has now UPDATED this ‘must have’ tool.
boat

New Trustee Has Need for Speed

(Not password protected)
“Helbling was appointed subsequent to the retirement of Craig Shopneck who served the Cleveland district for fifteen years.”
cfpb

From Our Friends at Credit Slips

(Not password protected)
pcexchange

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Taxpayers Who are Victims of Domestic Abuse Should Know Their RightsDomestic abuse often includes control over finances. An important part of managing finances is understanding one’s tax rights. Taxpayers have the right to expect the IRS to consider facts and circumstances that might affect the individual’s taxes.

debt

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
October 23, 2017
Archives
marshabrown

Reconversion Fees – To Pay or Not To Pay That Is the Question of the Day

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“If a case has previously been a Chapter 7, and there is cause to ask it to be removed from the Chapter 13 world and go back to Chapter 7, we file a Motion to Reconvert. Recently, the Clerk informed us of a new procedure . . .”

Bankruptcy Judge Receives Award

Bankruptcy Judge Mary F. Walrath Receives Prestigious Judge William L. Norton, Jr. Judicial Excellence Award
community

Newly Updated Conduit List

As of November 1st, the Western District of Texas will be conduit.

We have also corrected an error reflected in the Eastern District of Tennessee. The entire state of Tennessee is conduit.

cfpb

From the CFPB

(Not password protected)
doub

From the Bankruptcy Courts

(Not password protected)
pcexchange

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
October 16, 2017
Archives
burden

December 1, 2017 Rules Changes – Part 2

Objections to Claims

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III,Brown & Ahern (Nashville, TN)
ahern_larryThe Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes. In this second part of the series, the authors describe the new rules related to objections to claims and related issues. Click here for Part 1 – Claims: New Bar Dates and Other Requirements
hildebrand

Another New Critical Case Comment . . . Potentially a Precedent Setting Case

Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Above-median income debtors are required to contribute to their Chapter 13 plans the amount of any voluntary 401(k) loan repayment after that loan has been satisfied; voluntary contributions to a 401(k) account would be limited to 3% of the debtor’s income.
ohio

Southern District of Ohio New Plan

(Not password protected)

2017 Proposed Revisions to the District Wide Mandatory Form Plan and the Confirmation Order

uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Tacoma, WA

Application Deadline: When Filled

pcexchange

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
enmark

IN CASE YOU MISSED IT…

Do Secured Claims Need to Be Provided for By The Plan?

By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)
“Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.”
October 9, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“As long as Chapter 13 debtors are properly allocating tax refunds, earned income credit payments and irregular expenses properly, they cannot be compelled to turn over their tax refunds to confirm their Chapter 13 plan.”
enmark

Do Secured Claims Need to Be Provided for By The Plan?

By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)
“Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.” Do we see objections on the horizon??
cfpb

From the CFPB

(Not password protected)

CFPB Issues Interim Final Rule to Help Mortgage Servicers Communicate with Certain Borrowers at Risk of Foreclosure

(Bureau Also Seeks Comment on Separate Proposed Rule Modifying Timing Requirements for Bankruptcy Periodic Statements)
Click here for interim final rule on mortgage servicer communication flexibility
Click here for proposed rule on periodic statementsSee also: U.S. Regulator Eases Part of New Mortgage Servicing RulesAnd in other CFPB matters . . .Consumer Protection Bureau Cracks Down on Payday Lenders with Tough Nationwide Regulations
bankruptcycourt

From the UST

Chapter 7 Panel Trustee Advertisements

(Not password protected)
Location: Eastern District of California (primarily Redding)
Application Due Date: November 3, 2017
uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Tacoma, WA

Application Deadline: When Filled

irsman

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

The IRS Will NOT Call You to Demand Payment

Phone calls continue to be one of the most common ways thieves try to get taxpayers to provide personal information . . . Sometimes the scammer tells the taxpayer they owe money and must pay right away OR they might say the person has a refund waiting, and then they ask for bank account information over the phone.
irs

Disaster Related From the IRS

(Not password protected)

IRS Provides Tax Relief to Residents of Puerto Rico and the Virgin Islands

webinar

Webinar: Office Security

Another great resource . . . Trustees Deb Miller and Debbie Langehennig present this 42-minute training designed for the entire office, both professionals and support staff. This webinar teaches the importance of having office procedures in place for all types of breach in security such as intruders, workplace violence and receipt of suspicious packages.
Bill-Brown

IN CASE YOU MISSED IT…

United States Trustee Challenges Practice of Filing Time-Barred Claims

By The Honorable William Houston Brown (Retired)
“ . . . the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that proof of claim was inconsistent with the bankruptcy rules and the instructions on the proof of claim; however, . . .”
October 2, 2017
Archives
cmoran

Two For One

In a Two for One special, Attorney Moran brings Academy readers two articles addressing mortgage servicing issues and the power of Rule 3002.1.

Mortgage Servicing Under the Microscope

The judge looked closely at the creditor’s accounting records and found the usual fright . . . then holding secured creditor in contempt of stay and confirmation order for its loan servicing blunders.

Chronicles of Bankruptcy Rule 3002.1

A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage; thus we have FRBP 3002.1 said Judge Hannah Blumenstiel.

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs brings readers a doozy! In its attorney/client contract, the firm actually used the adjective “bare-bones.”Have an ethics question? Feel free to submit it by clicking here.
Bill-Brown

United States Trustee Challenges Practice of Filing Time-Barred Claims

By The Honorable William Houston Brown (Retired)
“ . . . the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that proof of claim was inconsistent with the bankruptcy rules and the instructions on the proof of claim; however, . . .”

Big News From Equifax . . . That Has Nothing To Do With The Data Hack

(Not password protected)
Equifax Makes Bankruptcy Change That Affects Hundreds of Thousands — For years, Equifax policy has treated some Chapter 13 filers differently than the other two credit rating agencies. Equifax now says it will change the policy.
blog

For Your Blog

(Not password protected)
webinar

Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy

Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
creditslips

From Our Friends at Credit Slips

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
tangledwebs

IN CASE YOU MISSED IT…

Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Webs We Weave

By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
September 25, 2017
Archives
burden

December 1, 2017 Rules Changes – Part I

Claims: New Bar Dates and Other Requirements

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
ahern_larryAs you know, the Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes individually. Part 1 of the series describes the new rules related to claims bar dates and related issues.
tangledwebs

Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Web We Weave

By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
parrish

Loss of Purchase-Money Protection in 1325 Cramdowns – Follow-Up

By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
ahern_larryClick here for Part I
Click here for Part II

Click here for Part IIIThe Academy received a follow-up question regarding this series and we are pleased to post the Q & A:

Q: What is your opinion on a subsequent loan that is cross-collateralized with a 910 loan?
A: While ‘opinion’ is a strong word, here’s the response: “The drafters of Article 9 in 2001 left the question open for courts to follow existing law, or not. See Part 1 of the series. So, if there has not been a decisive ruling in the jurisdiction since 2001, you should be free to argue either way.”

community

Conduit Trusteeships

Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. ConduitChanges have been made to South Carolina and the Western District of Texas.

irs

Disaster Related

(Not password protected)

All of Georgia Now Eligible for Disaster Tax Relief

Hurricane Irma victims in the entire state of Georgia now have until Jan. 31, 2018, to file certain individual and business tax returns and make certain tax payments.
creditblocks

From Our Friends at Credit Slips

(Not password protected)
cfpb

From the CFPB

(Not password protected)

CFPB Amends Rules to Provide Flexibility and Clarity to Certain Mortgage Lenders in Collecting Information – Bureau Also Seeks Public Comment on Proposal for Disclosure of Mortgage DataThe CFPB modified Equal Credit Opportunity Act (ECOA) regulations to provide additional flexibility for mortgage lenders in the collection of consumer ethnicity and race information. Click here for the final rule on ECOA issued 9/20/17.

detective

IN CASE YOU MISSED IT . . . The Academy has an excellent resource . . .

Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy

Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
September 18, 2017
Archives
parrish

Loss of Purchase-Money Protection in 1325 Cramdowns – Part III

By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA)

“Prompted by recent bankruptcy court decisions, the purpose of this multi-part article is to review the rules under § 1325 and the UCC and help practitioners understand this arcane area.”In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.

In Part II, he discusses two recent cases that favored the debtor (one in a surprising way).

community

Conduit Trusteeships

Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. ConduitChanges have been made to South Carolina and the Western District of Texas.

disasterrelated

Disaster Related

(Not password protected)

Harvey’s Hit to Mortgages Could Be Four Times Worse Than Predicted—and Then There’s Irma

  • As many as 300,000 borrowers could become delinquent on their loans after Hurricane Harvey, Black Knight Financial Services says.
  • That is four times the original prediction because new disaster zones were designated and more homes flooded.
  • The sheer volume of homes hit by Hurricane Irma will likely cause an increase in mortgage delinquencies as well, though the storms are difficult to compare.
doj

From the UST

Trusteeship Opening

(Not password protected)

Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017

uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Toledo, Ohio

Application Deadline: September 29, 2017

Career Law Clerk Opening – Columbus, Ohio

Application Deadline: September 22, 2017

blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
purdy-bill

IN CASE YOU MISSED IT . . .

When Mortgage Lenders Monkey With Your Client’s Loan

By William J. Purdy, III, Simmons & Purdy (Soquel, CA) (Used with permission, originally published by BankruptcySoapbox.com 2017)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
September 11, 2017
Archives
hurricaneirma Florida, Georgia, Alabama, Texas, Louisiana, and Puerto Rico:  Our thoughts and prayers are with you. Our hearts go out to all those touched by this series of hurricanes – both directly or indirectly.

Disaster Related

(Not password protected)
  • IRS Urges Taxpayers to Prepare for Hurricanes, Floods and Other Disasters
    For September’s National Preparedness Month, the IRS offers advice to taxpayers who may be affected by storms, fires, floods or other disasters reminding them that the agency is here to help, including offering a special toll-free number (866-562-5227) to taxpayers in federally-declared disaster areas that’s staffed with IRS specialists trained to handle disaster-related issues.
ahern_larry

Loss of Purchase-Money Protection in 1325 Cramdowns – Part II

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.In this Part II, he will discuss two recent cases that favored the debtor (one in a surprising way).

Next week, in Part III, Christina Parrish will set up a complex fact situation and provide a roadmap for the debtor to show that a PMSI no longer exists, when a subsequent transaction operates to extinguish the PMSI, thereby allowing a “cram-down.”

doj

From the UST

Trusteeship Opening

(Not password protected)

Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017

uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Toledo, Ohio

Application Deadline: September 29, 2017

Career Law Clerk Opening – Columbus, Ohio

Application Deadline: September 22, 2017

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern_larry

IN CASE YOU MISSED IT . . .

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
September 4, 2017
Archives

happylaborday

hurricaneharvey Corpus Christi, Houston, Orange, Rockport, San Antonio, Beaumont, Spring, Refugio, Clodine, Aransas Pass, Dickinson, Rosenberg, Pearland, Fulton, Katy, Alvin, Friendswood, League City, Pasadena, Seabrook, Lumberton, Webster, Port Arthur, and all the towns and cities in between, our thoughts and prayers are with you. Our hearts go out to all those touched by Harvey – directly or indirectly.
doj

From the UST

Trusteeship Opening

(Not password protected)

Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017

community

Conduit Trusteeships

Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
burden

In the “Greatest Hits” Category

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern_larry

IN CASE YOU MISSED IT . . .

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
August 28, 2017
Archives
ahern_larry

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
morgan-king

From Morgan King’s Guide to Abusive Debt Collection Practice

¶ 3.1(b) The TelephoneIn Abrams v. MiraMed Revenue Grp., LLC (S.D. Ind., 2013) the debtor claimed the debt collector contacted her notwithstanding the collector knew or should have known that the debtor was represented by counsel and violated 15 U.S.C. § 1692c(a)(2).

community

Conduit Trusteeships

Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
new

PLANS ANYONE?

(Not password protected)
blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor.
August 21, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor.
heatherheyer

Heather Heyer, Charlottesville Victim, Is Recalled as ‘a Strong Woman’

The Academy extends our deepest sympathy to our friends in the consumer bankruptcy community at Miller Law Group in Charlottesville, VA, where Ms. Heyer was a paralegal.Click here for follow-up Washington Post article

bankruptcycourt

From the Courts

(Not password protected)
Preliminary Draft of Proposed Amendments to the Federal Rules of Appellate, Bankruptcy (page 29-53), and Criminal Procedure, the Federal Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
blackcar

There’s Always a Car

(Not password protected)
irs

From the IRS

(Not password protected)
playbook

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
purdy-bill

IN CASE YOU MISSED IT . . .

When Mortgage Lenders Monkey With Your Client’s Loan

(Used with permission, originally published by BankruptcySoapbox.com 2017)

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
August 14, 2017
Archives
purdy-bill

When Mortgage Lenders Monkey With Your Client’s Loan

(Used with permission, originally published by BankruptcySoapbox.com 2017)

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
hildebrand

Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Bankruptcy courts have the discretion to permit debtors to cure deficiencies in their Chapter 13 plans even if in doing so, the Chapter 13 plan exceeds 60 months from the date of first payment.
bankruptcycourt

From the Courts – Position Announcement

(Not password protected)
Clerk of Court Roanoke, VA
Application Deadline: August 18, 2017
doj

From the UST – Trusteeship Opening

(Not password protected)
Standing Trustee for the District of New Mexico – Albuquerque
Application Deadline: August 18, 2017
alligator

From Our Friends at Credit Slips

(Not password protected)
tvantenna

Millennials Find Gold . . . Well Sort Of

(Not password protected)
piggybank

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
hollydavala

IN CASE YOU MISSED IT . . .

Replacement Value or Foreclosure Value – Does Use of Collateral Matter?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“This case involved a Chapter 11 plan. However, debtors can use this case involving Chapter 13 plans when using the cram down provision under §506(a) and argue the secured value of collateral should be based on the proposed use in the plan.”This case may also be of interest to creditors.
August 7, 2017
Archives
hollydavala

Replacement Value or Foreclosure Value – Does Use of Collateral Matter?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck

“This case involved a Chapter 11 plan. However, debtors can use this case involving Chapter 13 plans when using the cram down provision under §506(a) and argue the secured value of collateral should be based on the proposed use in the plan.”This case may also be of interest to creditors.

ahern_larry

Can a Chapter 13 Debtor Have Standing to Pursue Avoidance Actions? A Path May Remain Open for Debtor’s Counsel

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
“What if the debtor wants to avoid a transfer and does not believe his or her concerns are being adequately addressed by the trustee? Can the debtor pursue an avoidance action?”
bankruptcycourt

From the Courts – Position Announcement

(Not password protected)
Clerk of Court Roanoke, VA
Application Deadline: August 18, 2017
doj

From the UST – Trusteeship Opening

(Not password protected)
Standing Trustee for the District of New Mexico – Albuquerque
Application Deadline: August 18, 2017
eyes

Take a Look at This

(Not password protected)

Ever heard of the McKinney–Vento Homeless Assistance Act?“. . . the McKinney-Vento Act also ensures homeless children transportation to and from school free of charge, allowing children to attend their school of origin (last school enrolled or the school they attended when they first became homeless) regardless of what district the family resides in.”

It appears that this provision could apply to families who have recently been forced to move due to foreclosure.

Subtitle B: Education for Homeless Children and Youth – States that it is the policy of the Congress that State educational agencies shall assure that homeless children have access to free public education, by revising residency requirements as appropriate.”

cfpb

From the CFPB

(Not password protected)

CFPB Warns Companies Against Tricking Consumers Into Expensive Pay-By-Phone Fees

Bureau Concerned About Companies Misleading Consumers About Pay-By-Phone Fees, Keeping Them in the Dark About Much Cheaper Options
irs

From the IRS

(Not password protected)

Tips to Keep in Mind for Taxpayers Traveling for Charity

During the summer, some taxpayers may travel because of their involvement with a qualified charity. These traveling taxpayers may be able to lower their taxes.
changesahead

New Plans Anyone?

(Not password protected)
burden

IN CASE YOU MISSED IT . . .

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Check this out . . . Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
July 31, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Section 522(f) is effective immediately to treat as unsecured a judgment lien held by a creditor, but the full effect of that lien release is not available until the Chapter 13 case completes.”
burden

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Check this out . . . Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
coldcase

Cold Case: Bankruptcy Reopened More Than 80 Years Later

(Not password protected)
(Not a Chapter 13 but still an interesting story)
graphdown

By the Numbers

(Not password protected)
irs

From the IRS

(Not password protected)
A possible item for debtor’s attorneys blog or social media

Taxpayers Should Review Their Withholding; Avoid Having Too Much or Too Little Federal Income Tax

debt

Student Loan Chronicles

(Not password protected)
July 24, 2017
Archives
ahern_larry

What’s in a Name? Determining the “Correct” Name for Non-UCC Filings Securing Bankruptcy Claims

Lawrence R. Ahern III, Brown & Ahern (Nashville, Tennessee)
A recent case reminds us that courts continue to wrestle with the “correct” name in which filings should be made to perfect liens on personal property.
cmoran

The Hazards of Self Employment in Chapter 7

Why would a Chapter 7 trustee shut down a proprietorship business with no value? – That question comes up again and again . . . who can’t imagine that a trustee would demand the closing of the debtor’s business. After all … the debtor needs to make a living . . . – The trustee’s insistence on closing the business is more understandable when you hear this nightmare. . . .
hayes

US Bank NA v. The Village at Lakeridge, LLC

By M. Jonathan Hayes, Simon Resnik Hayes LLP (Sherman Oaks, CA)
Issue: When an insider sells its claim, is the buyer treated as an insider for chapter 11 voting purposes? Was the transfer of the claim here in bad faith? Supreme Court to hear case this Fall. Petitioner’s brief filed.
nytaxicab

Uber, Lyft Take Down Not Just Cab Drivers, But Also Lenders

(Not password protected)
“Many of them now owe more on their medallion loans than they originally paid for the medallions because they used their equity in the medallion for a home, a child’s education or other expenses.”Are you seeing this in your region? Tell us about it.
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Student Loan Chronicles

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July 17, 2017
Archives

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Shout Out to All NACTT Attendees and Speakers

A very special thank you to our esteemed guests Professors Yochum, Dowling, and

Porter. A great educational opportunity but additionally a lot of fun!!! Example above – Mike Meyer, Lon Jenkins, Rick Yarnall & our very own Naliko (like Cher & Madonna, he needs no last name!).

Make plans NOW to attend NACTT 2018 in Miami, Florida – note the early date: JUNE 27-30.

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Information gleaned from questions included on a debtor’s counsel’s questionnaire for a potential client can be protected by the attorney-client privilege and not subject to discovery by an opposing party.
irs

From the IRS

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Members of the Armed Forces Get Special Tax Benefits

Members of the military may qualify for tax breaks and benefits. Special rules could lower the tax they owe or give them more time to file and pay taxes. In addition, some types of military pay are tax-free.
July 10, 2017
Archives
burden

Take Note: Tools for Annotating PDF Seminar Materials

By Beverly M. Burden, Chapter 13 Trustee for the Eastern District of Kentucky
As many of us will be attending the NACTT annual seminar next week in Seattle, a timely article. Taking notes during seminar presentations is not as easy as jotting something in the margin or highlighting a case on a paper handout, unless you learn the tools available to annotate PDF handouts.
reidy

What Is ‘Under the Plan’ Anyway?

By Maggie Reidy, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
. . . Court considered whether the debtors were eligible for a Chapter 13 discharge despite their failure to remain current on their postpetition mortgage payments. . .
debt

Student Loan Chronicles

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creditblocks

For Your Blog

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caution

Sanctions and Irony and Fraud, Oh My!

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July 3, 2017
Archives
ahern_larry

Henson v. Santander Consumer USA

By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
What’s left for debtors and trustees to say to a repo man under the FDCPA?
boltz

Income Driven Repayment Plans in Chapter 13

By Ed Boltz, The Law Offices of John T. Orcutt (Durham, NC)
“After fears of discharge through a Confirmation Order, the second greatest concern of the Department of Education appears to be that this plan is a devious attempt to trick student loan servicers into violating the automatic stay.”
supremecourt

From the Supreme Court

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From the Courts

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debt

Student Loan Chronicles

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