December 10, 2018
Archives
PhilLamos

Watch the Clock – Timing of Appeals

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
“A recent decision out of the Sixth Circuit may bring some much needed clarity to the situation.”
greenburg

American College of Bankruptcy Elects Chapter 13 Trustee Marie Ann Greenberg as a Fellow

(Not password protected)
By Isabel C. Balboa, Chapter 13 Standing Trustee for the District of New Jersey (Camden)
“Marie-Ann is one of 36 inductees to this year’s class and joins 12 other Chapter 13 Trustees . . .”
irs

From the IRS

(Not password protected)

Strong Passwords Help Protect Accounts Against Cybercriminals

  • Passwords like – “uE*s3P%8V)” – are out. Longer, personal phrases people can remember – for example, SunWalkRainDrive – are now preferred.

Employers Should Be Aware of W-2 Scam, Protect Employee Information

familyfarm

Farms in the News

(Not password protected)
Burden
In Case You Missed It . . .

Late-Filed Secured Claims After the 12/01/2017 Rule Changes

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
“Attorneys for debtors and creditors need to be aware of the law and customs in their local jurisdictions.”
December 3, 2018
Archives
Burden

Late-Filed Secured Claims After the 12/01/2017 Rule Changes

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
“Attorneys for debtors and creditors need to be aware of the law and customs in their local jurisdictions.”
perhach

Eastern District of Wisconsin Bankruptcy Appoints Judge

(Not password protected)
Congratulations Katherine Maloney Perhach who was the chair of Quarles & Brady’s Financial Institutions Litigation Practice Group and a leader of the firm’s Financial Services Industry Team.
conference2019

irs
familyfarm
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
November 26, 2018
Archives

greatesthits

And much much more . . .

hildebrand

Critical Case Comment

(first published 9/30/18)
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
When Chapter 7 debtors’ counsel bifurcated services and “factored” the fees due for post-petition services and failed to adequately disclose the arrangement, the attorney violated § 329; the business of “factoring” of obligations owed to debtors’ counsel constituted an impermissible splitting of fees.
ahern_larry

Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Absent contrary Congressional action, this December will see amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes will be of less interest to the Chapter 13 community than others. Larry Ahern has selected four that are most significant in Chapter 13 and has analyzed them for the Academy, starting with amended Rule 3002.1. He continued with amended Rule 5005, which imposes new, mandatory electronic-filing rules.Now, in Part II of this analysis of the electronic filing changes, he addresses parallel changes in Part VIII and the civil rules.Click here for Part I
babero

Passing of Bankruptcy Judge

(Not password protected)

Federal Bankruptcy Judge Hon. Laurel E. Babero Dies in Courthouse

irs

From the IRS

(Not password protected)

Some S Corporations May Want to Convert to C Corporations

vocab

Vocabulary Word of the Week

(Not password protected)

“Overbiffing” is Latest Outrage in Debt Collection

(A popular link from last week)
foryourblog

For Your Blog

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

15% of Americans Still Paying Off Last Year’s Holiday Debt

pardo

In Case You Missed It . . .

Federally Funded Slaving

(Not password protected)
This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders to reconstruct their financial lives and thus return to the business of enslaving black men, women, and children. Knowing this legal history gives us a richer understanding of the federalization of American slavery and its role in the development of the nation’s economy.
November 19, 2018
Archives

 

ahern_larry

Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Absent contrary Congressional action, this December will see amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes will be of less interest to the Chapter 13 community than others. Larry Ahern has selected four that are most significant in Chapter 13 and has analyzed them for the Academy, starting with amended Rule 3002.1. He continued with amended Rule 5005, which imposes new, mandatory electronic-filing rules.Now, in Part II of this analysis of the electronic filing changes, he addresses parallel changes in Part VIII and the civil rules.Click here for Part I
pardo

Federally Funded Slaving

(Not password protected)
This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders to reconstruct their financial lives and thus return to the business of enslaving black men, women, and children. Knowing this legal history gives us a richer understanding of the federalization of American slavery and its role in the development of the nation’s economy.
irs

From the IRS

(Not password protected)

Tax Reform Affects If and How Taxpayers Itemize Deductions

The tax reform law made the following changes to itemized deductions that can be claimed on Schedule A for 2018:

  • Limit on overall itemized deductions suspended
  • Deduction for state and local income, sales and property taxes modified
  • New dollar limit on total qualified residence loan balance
  • Deduction for home equity interest modified
  • Limit for charitable contributions modified
  • Deduction for casualty and theft losses modified
  • Miscellaneous itemized deductions suspended
ncbrc

Vocabulary Word of the Week

(Not password protected)

“Overbiffing” is the Latest Outrage in Debt Collection

foryourblog

For Your Blog

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

How to Outlast a Job You Hate Until You Can Retire

November 12, 2018
Archives

In Memory of Those Who Served

honorveterans

History of Veterans Day: 100 years since the end of World War I

Remembrance Day: Poppies, Armistice and why the act of remembrance matters

ahern_larry

Electronic Filing Comes of Age – Part I: Revised Bankruptcy Rule 5005

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Absent contrary Congressional action, this December will see amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes will be of more interest to the Chapter 13 community than others.Larry Ahern’s analyses for the Academy started with amended Rule 3002.1. He continues this week with amended Rule 5005 – imposing new, mandatory electronic-filing rules. In Part II of this analysis of the electronic filing changes, he will address parallel changes in Part VIII and the civil rules.
gustafson

A Few Supreme Court Bankruptcy Decisions That May Be Helpful To Know By Name – Part 2 of 2

By The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio, Western Division (Toledo, OH)
In this two-part series, Judge Gustafson has pulled together a resource you will want to be able to put your hands on later!Click here for Part 1
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
Bill-Brown

In Case You Missed It . . .

From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

This week Judge Brown looks at three distinct cases. One each on turnover, valuation, and postpetititon debt:

November 5, 2018
Archives
gustafson

A Few Supreme Court Bankruptcy Decisions That May Be Helpful To Know By Name – Part 1 of 2

By The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio, Western Division (Toledo, OH)
In this two-part series, Judge Gustafson has pulled together a resource you will want to be able to put your hands on later!
Bill-Brown

From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

This week Judge Brown looks at three distinct cases. One each on turnover, valuation, and postpetititon debt:

jimmyflexer

Passing of Long Time Nashville Attorney

(Not password protected)
After a hard-fought battle, James Alan Flexer, ‘Jimmy’ to those who knew him, succumbed to pancreatic cancer on Monday, October 29th. Jimmy was a very well-known, beloved bankruptcy attorney in the Middle Tennessee area. Flexer Law, PLLC, has been among the top Chapter 13 filers for many many years. Jimmy will be sorely missed.
redcar
foryourblog

For Your Blog

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

In Case You Missed It . . .

Post-Confirmation Property & Income Changes

By Neil Enmark, Staff Attorney for David P. Cusick, Chapter 13 Standing Trustee for the Eastern District of California (Sacramento, CA)
“If you represent Chapter 13 Debtors, you will eventually have a case where the Debtor does not promptly tell you they received substantial property or additional income after the plan has been confirmed. When the Chapter 13 Trustee learns about this, they will try to increase the dividend to unsecured claims, and you will have to decide what to do.”
October 29, 2018
Archives
enmark

Post-Confirmation Property & Income Changes

By Neil Enmark, Staff Attorney for David P. Cusick, Chapter 13 Standing Trustee for the Eastern District of California (Sacramento, CA)
“If you represent Chapter 13 Debtors, you will eventually have a case where the Debtor does not promptly tell you they received substantial property or additional income after the plan has been confirmed. When the Chapter 13 Trustee learns about this, they will try to increase the dividend to unsecured claims, and you will have to decide what to do.”
Bill-Brown

From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

This week’s cases from The Academy Editor look at claims and the Fair Debt Collection Practices Act.

uscourts

From the Courts

(Not password protected)

Tuesday, Oct. 30 Livestream Hearing: Proposed Changes to Judicial Conduct Code and Rules

Click here for more information
Click here for Executive Summary

foryourblog
debt

Student Loan Chronicles

(Not password protected)
talton

In Case You Missed It . . .

Tragic Passing of Southern Gentleman

(Not password protected)
By Regina Logsdon, Executive Director, NACTT Academy
“He was a good man and that is how I will remember John Talton.” David Peake, NACTT President.

************************

More Tragedy Hits Bankruptcy World

(Not password protected)
October 22, 2018
Archives
talton

Tragic Passing of Southern Gentleman

(Not password protected)
By Regina Logsdon, Executive Director, NACTT Academy
“He was a good man and that is how I will remember John Talton.” David Peake, NACTT President.
ahern_larry

December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1

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

Absent contrary Congressional action, this December will see amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes will be of more interest to the Chapter 13 community than others. Larry Ahern’s analyses start this week with amended Rule 3002.1.Looking ahead, before the effective date he will analyze amended Rule 5005 – imposing new, mandatory electronic-filing rules – in another article for the Academy.

Bill-Brown

From the Editor

By The Honorable William Houston Brown (Retired)

After a brief absence, Judge Brown is back with his case synopsis. This week he looks at discharge in three Chapter 13 cases.

cfpb

From Our Friends at Credit Slips

(Not password protected)

CFPB “Abusive” Rulemaking?

foryourblog

For Your Blog

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

In Case You Missed It . . .

Circuit Split???

Is a Finding of Contempt Precluded by a “Good Faith” but Unreasonable Belief that an Action Does Not Violate the Discharge Injunction?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Ninth Circuit’s Taggart rule says a good faith belief that a discharge injunction does not apply to a creditor’s actions precludes a finding of contempt. In a September 7 decision, that Circuit’s BAP applied the rule to a stay violation. This week, Larry Ahern reviews the decisions, together with one by the First Circuit, and considers whether there is a circuit split on this issue.
October 15, 2018
Archives
crediteducation

Shout Out to Attendees and Speakers
at the

Credit Education Coalition
Seminar in Worthington, Ohio

Congratulations

Mitchell Marczewski and Wendi Henderhan

Drawing Winners

ahern_larry

Circuit Split???

Is a Finding of Contempt Precluded by a “Good Faith” but Unreasonable Belief that an Action Does Not Violate the Discharge Injunction?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Ninth Circuit’s Taggart rule says a good faith belief that a discharge injunction does not apply to a creditor’s actions precludes a finding of contempt. In a September 7 decision, that Circuit’s BAP applied the rule to a stay violation. This week, Larry Ahern reviews the decisions, together with one by the First Circuit, and considers whether there is a circuit split on this issue.
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Unless a Chapter 13 debtor has articulated a specific need to use a tax refund for a reasonable and necessary expense, post-petition tax refunds must be turned over to the Chapter 13 trustee to be distributed to creditors.
irs

From the IRS

(Not password protected)

New 100% Depreciation Deduction Benefits Business Taxpayers

Tax reform legislation passed in December 2017 includes changes that allow businesses to write off most depreciable business assets in the year they place them in service.
ai

Artificial Intelligence is Here

(Not password protected)

AI-Based Credit Scores Will Soon Give One Billion People Access to Banking Services

Alternative credit scores — using data, in part, from customers’ smartphones — will be migrating from emerging economies to the U.S.
foryourblog

For Your Blog

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

In Case You Missed It . . .

Dismiss Absent a Hearing? Not so Fast

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
“ . . . So, in the E.D.N.C, unless a debtor requests a dismissal, or explicitly agrees to one, there will be a hearing, even with respect to an otherwise uncontested motion.”
October 8, 2018
Archives
bledsoe

Dismiss Absent a Hearing? Not so Fast

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
“ . . . So, in the E.D.N.C, unless a debtor requests a dismissal, or explicitly agrees to one, there will be a hearing, even with respect to an otherwise uncontested motion.”
morgan-king

Civil vs. Criminal Standard of Proof

By Morgan King, King Law Practice (Dublin, CA)

Court explores evidence of willful intent under 11 U.S.C. § 523(a)(1)(B) and finds debtor innocent based on civil standard of proof. Taxes discharged.

Interested in more on discharging taxes? Check out Morgan King’s Tax Practice Library Plus. Includes The 3-Volume Tax Practice Library; The 7.5 hr. Tax Discharge Recorded Webinar; and one hour of consultation with Morgan King

irs

IRS Issues Guidance on Changes to Business Expense Deductions for Meals, Entertainment

. . . eliminated the deduction for any expenses related to activities generally considered entertainment, amusement or recreation.
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
congress

In Congress

(Not password protected)

ABA Supports Chapter 7 Bankruptcy Changes

Click here for the text of H. R. 3553Click here for Testimony of Ariane Holtschlag for ABI Commission Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law House Committee on the Judiciary

farms

Farmers in the News

(Not password protected)

Drought-Stricken Farmers/Ranchers Have More Time to Replace Livestock

Farmers/ranchers forced to sell livestock due to drought may get extra time to replace the livestock and defer tax on any gains from the forced sales.

See also: In Debt and Out of Options, Thousands of Dairy Farmers Turn to GoFundMe for Bailout

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Mark Cuban: ‘If you use a credit card, you don’t want to be rich’
debt

Student Loan Chronicles

(Not password protected)
rapoport

In Case You Missed It . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

This case involves someone who lacks imagination when it comes to cursing (or, as we Texans say, cussin’). . . . the attorney was looking a seventh (!) sanction in the eye for telling one of her associates that her litigation strategy was to eff someone and give him “an [effing] hard time.”Note: Don’t miss Endnote #4!

October 1, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

This case involves someone who lacks imagination when it comes to cursing (or, as we Texans say, cussin’). . . . the attorney was looking a seventh (!) sanction in the eye for telling one of her associates that her litigation strategy was to eff someone and give him “an [effing] hard time.”Note: Don’t miss Endnote #4!

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
When Chapter 7 debtors’ counsel bifurcated services and “factored” the fees due for post-petition services and failed to adequately disclose the arrangement, the attorney violated § 329; the business of “factoring” of obligations owed to debtors’ counsel constituted an impermissible splitting of fees.
congress

In Congress

(Not password protected)

ABA Supports Chapter 7 Bankruptcy Changes

Click here for the text of H. R. 3553

Click here for Testimony of Ariane Holtschlag for ABI Commission Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law House Committee on the Judiciary

vacancy
carloans

There’s Always a Car

(Not password protected)
farms
imsorry
nacttmiami

NACTT Miami Conference Recordings
Your Choice of DVDs or Audio CDs

$150.00 – Order TODAY Ships TODAY

Couldn’t attend the NACTT 2018 Conference – Order this fabulous resource NOW!

dinalohan
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
September 24, 2018
Archives
AlexSchmidt

Making Amends in Chapter 13: Why Davis Should Cause You to Take Action

By Alexander Schmidt, Law Clerk to The Honorable John P. Gustafson, United States Bankruptcy Court Northern District of Ohio, Western Division (Toledo, OH)
“. . . Such was the case in a recent unpublished opinion out of the Sixth Circuit Court of Appeals, a case in which a debtor’s failure to list a civil rights cause of action in her Chapter 13 plan effectively robbed her of the opportunity to ever have the merits of her claim heard.”
leo-spanos

What is Feasibility and Why does it Matter?

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Standing Chapter 13 Trustee, United States Bankruptcy Court, Northern District of California (Oakland Division)
This article discusses how feasibility has been interpreted by the courts and is intended to aid parties to chapter 13 proceedings – counsel for debtors, counsel for creditors, and chapter 13 trustees– better understand this concept.
vacancy

Vacancy Announcement

(Not password protected)
uscourts

From the Courts

(Not password protected)

Proposed Amendments Published for Public Comment

  • Bankruptcy Rules 2002, 2004, 8012
  • Comment period closes February 15, 2019
moneygrab

Military Matters

(Not password protected)

Combat-Injured Disabled Veterans May Be Due Refund

The IRS is alerting certain veterans that they may be due a credit or refund. This is a result of the Combat-Injured Veterans Tax Fairness Act passed in 2016. It affects veterans who received disability severance payments after January 17, 1991, and included that payment as income.
americanfarmers

American Farmers Are in Crisis

(Not password protected)
Falling prices and a trade war mean small farmers are struggling to stay afloat
babyexcuseme

From Our Friends at Credit Slips

(Not password protected)

Excuse Me?

“Barry Ritholtz has a generally sensible column about the ten-year anniversary of the financial crisis, but the bankruptcy stuff really makes no sense at all.”
foryourblog

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)
debt

Student Loan Chronicles

(Not password protected)
September 17, 2018
Archives
ahern

Section 522(f) Avoidance of Liens on Co-Owned Property

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In an August decision, the Tenth Circuit held that, when avoiding liens under § 522(f), and when the debtor owns only a partial interest in exempt property, you start with that interest and allocate senior liens proportionately. This is now the majority view at the circuit level.This week, Larry Ahern reviews how the calculation works and describes the Tenth Circuit’s decision.
harring

Is There a Light in the Farm Economy?

By Mark Harring, Standing Chapter 12 and 13 Trustee for the Western District of Wisconsin (Madison, WI)
  • Mark your calendar now for the Chapter 12 Conference July 15 and 16, 2019 in Indianapolis
judge

Judge Issues

(Not password protected)
DR_MANNING

For the Academic Set

(Not password protected)

U.S. Banking De-Regulation, Financial Engineering, and Bankruptcy Reform: How Banks Took Control over Consumer Insolvency Law

By Anita C. Butera, PhD, JD and Robert D. Manning, PhD
New from the author of Credit Card Nation a review of the legislative history of banking deregulation and bankruptcy reform. It provides a brief explanation of financial engineering, and compares the stringent effects of BAPCPA for consumers with the generosity offered to those financial services firms that created the crisis.
uscourts

From the Courts

(Not password protected)

Proposed Amendments Published for Public Comment

  • Bankruptcy Rules 2002, 2004, 8012
  • Comment period closes February 15, 2019
uscourts

From the Courts

(Not password protected)
  • BAPCPA Report – 2017 Report of Statistics Required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
irs

From the IRS

(Not password protected)

IRS Urges Taxpayers to Prepare for Natural Disasters

Check on fiduciary bonds – Employers who use payroll service providers should ask the provider if it has a fiduciary bond in place. The bond could protect the employer in the event of default by the payroll service provider.”

From Our Friends at Credit Slips

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

foryourblog

For Your Blog

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

Retirees: Avoid Surprise Tax Bill Do Paycheck Checkup ASAP

“Because of this law change, retirees who receive a monthly pension or annuity check may need to raise or lower the amount of tax they pay in during the year.”
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
September 10, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A debt obligation for a penalty resulting from fraud can be both a debt under § 523(a)(2) and § 523(a)(7) and the obligation is excepted from discharge in a Chapter 13 case.
valuation

Factoring in Valuation – Consumer Cases that Impact Business Cases

By Debbie Langehennig, Chapter 13 Trustee (Austin, TX), Jan M. Hayden, Baker Donelson (New Orleans, LA), and Renee Meenach Decker, Taylor & Associates (Ft. Lauderdale, FL)
Practitioners should be aware of important consumer decisions that may influence lower courts in the business context and commercial case decisions which may influence consumer cases.
ejones

Supreme Court Fellows Set to Begin New Term

(Not password protected)

awillie

  • Two of four Fellows are from the bankruptcy world
  • Congratulations Ms. Willie and Ms. Jones
uscourts

From the Courts

(Not password protected)
  • BAPCPA Report – 2017 Report of Statistics Required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
waterman

Bankruptcy is Often a Gambler’s Only Sure Bet

By Scott F. Waterman, Waterman & Mayer (Philadelphia, PA)
“ . . . gamblers may actually have some luck on their side if they take advantage of current bankruptcy laws.” (Chapter 7 related article)
glover

Federal Judges Mourn Passing of Retired Bankruptcy

(Not password protected)
Federal judges in the Pacific Northwest and beyond are mourning the passing of retired Bankruptcy Judge Thomas T. Glover of the United States Bankruptcy Court for the Western District of Washington.Click here for Obituary

From Our Friends at Credit Slips

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
September 3, 2018
Archives

 

gwenkerney

UpRight Not Right in East Tennessee

Law Solutions Chicago, LLC d/b/a Upright Law has once again been sanctioned. This time in the Eastern District of Tennessee by settlement agreement with the United States Trustee, Chapter 13 Trustee, Gwendolyn Kerney, and Chapter 7 Trustee, Jerrold Farinash.

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
annabowen

Forgive Us Our Debts

(Not password protected)
NACTT Miami speaker and Orlando attorney Anne-Marie Bowen, has just published an exciting new resource for you and your clients. Forgive Us Our Debts is a short, easy read primarily written for Christian debtors and/or potential debtors but as a debtor or creditor attorney, this book is also a resource for you into the mindset of those clients who, for religious reasons, struggle with allowing themselves a chance at a fresh financial start.
irs

From the IRS

(Not password protected)

IRS to Introduce New Tax Transcript to Better Protect Taxpayer Data

The new transcript replaces the previous format and will be the default format available via Get Transcript Online, Get Transcript by Mail or the Transcript Delivery System for tax professionals as of September 23.Click here for more . . .
foryourblog

For Your Blog

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

Taxpayers Should Be Prepared for Natural Disasters

With hurricane season underway, it’s a good idea for taxpayers to think about what they can do to be prepared should a hurricane or other natural disaster strike where they live. Here are a few helpful tips for taxpayers to keep in mind.
August 27, 2018
Archives
pitfalls

Notice: Pitfalls and Perils of Rule 7004(h)

By Academy Staff

“Where the Plan proposes to strip or cram or avoid a lien held by an Insured Depository Institution, Rule 7004 contains much higher requirements for service.”

See also: Don’t Skimp on Service When Your Client’s House Is on the Line

nacttmiami

Attention Trustees/Office Managers

(Not password protected)

NACTT Miami – Staff Track DVDs Now Available

Order the four staff track sessions TODAY for ONLY $75
(Ships within 24 hours)Training Includes

  • Understanding Business Entities and the Self-Employed Debtor
  • National Data Center Training
  • Acing the Annual Audit
  • Mortgage Claims Issues
irs

From the IRS

(Not password protected)

IRS to Introduce New Tax Transcript to Better Protect Taxpayer Data

The new transcript replaces the previous format and will be the default format available via Get Transcript Online, Get Transcript by Mail or the Transcript Delivery System for tax professionals as of September 23.

Click here for more . . .

foryourblog

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)
  • US v. VALDÉS-AYALA – For at least eight years, Defendant, who was not an attorney, exploited desperation of individuals behind on court-ordered child support payments by assisting them in filing ‘skeleton’ petitions.
August 20, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Claim that is not timely filed cannot be an allowed claim and trustee is precluded from making distribution to the claim even where no application to disallow the claim has been filed.
“Judge Dees has prevented the payment of the claim even though no one sought to disallow the claim or challenge the payments.”
cmoran

Are You Throwing Your Bankruptcy Client to the Predators?

By Cathy Moran, Mt. View, CA
Standard operating procedure for taxing authorities who are in discussion with a tax payer about a tax issue is to “request” that the taxpayer sign an extension of the period in which the taxes can be assessed. The alternative, the taxpayer is told, is an immediate assessment.

Trustee Passes Away

(Not password protected)
It is with great sadness and respect that we report the passing away of a Standing Chapter 13 Trustee for the Eastern District of Pennsylvania with offices in Reading. Frederick L. “Fred” Reigle was appointed in 1981. He passed away on July 15th after a lengthy illness.
Standing Chapter 13 Trustee William C. Miller has been appointed interim trustee of the division until a replacement can be appointed.
Jim-Batchelor

Passing of Jim Batchelor

(Not password protected)
Jim Batchelor passed away Saturday morning August 10th after a long battle with cancer. Jim was the recipient of the Civility Award at the 2017 State of the Court luncheon and was a well-respected colleague in the bankruptcy bar in the Western District of Michigan.
ahern_larry

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviewed in Part I some rules governing the preparation and filing of financing statements (UCC-1s) and explained how a UCC-1 might be fatally deficient. Now, in Part II, he reviews four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.
cfpb

On the CFPB

(Not password protected)

CFPB Settles with Defendants in Hydra Group Payday Lending Case

District Court entered an Order effectuating settlement CFPB and Richard Moseley, Sr., Richard Moseley, Jr., and 20 interrelated corporate entities controlled by Moseley, Sr. and Moseley, Jr.
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

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  • Fil-Am Lawyer Pleads ‘Not Guilty’ to Attempted Murder of Ex-Clients (Has Chapter 13 lawyer income really sunk this low? . . . Oh My indeed!! . . . Now, the rest of the story . . . (on good authority but not verified, Academy staff was told that the victims had been in a Chapter 13 which was dismissed. Their attorney (Paul Mendoza Allen) went to their home to demand the balance of his fees. When they said they had no money, he shot them, then tried to flee.)
August 13, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Dear Readers:I just finished reading a disgorgement . . . Although D’Arata is a chapter 7 case, you might be interested in the Court’s take on appearance counsel.
ahern_larry

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviewed in Part I some rules governing the preparation and filing of financing statements (UCC-1s) and explained how a UCC-1 might be fatally deficient. Now, in Part II, he reviews four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.Click here for Part 1
newstudy

New Study

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Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society

“Using data from the Consumer Bankruptcy Project, we find more than a two-fold increase in the rate at which older Americans (age 65 and over) file for bankruptcy and an almost five-fold increase in the percentage of older persons in the U.S. bankruptcy system.”See also:

foryourblog

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)
August 6, 2018
Archives
ahern_larry

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 1 of 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviews some rules governing the preparation and filing of financing statements (UCC-1s) and explains how a UCC-1 might be fatally deficient.In Part II, he will review four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.

Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes

By Academy Staff
“The Chapter 13 Debtor who completes the Plan and obtains a discharge is relieved of any further liability associated with the priority tax debt. Interest and penalties continue to accrue during the pendency of the Chapter 13 case and if the case is either dismissed or converted to a proceeding under Chapter 7, the suspension of the accrual of interest and penalties terminates and is excepted from the Chapter 7 discharge.”
irs

From the IRS

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IRS Offers Guidance on Recent 529 Education Savings Plan Changes

On 7/30/18 the IRS and Department of the Treasury announced their intent to issue regulations on three recent tax law changes affecting popular 529 education savings plans.
irs
July 30, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A discharge under § 1328(a) will discharge an obligation of the debtor to a condominium association where the condominium was purchased pre-petition and owned by the debtor post-petition.Click here for Opinion
oklahoma

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
July 23, 2018
Archives
ahern_larry

Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Federal Rules of Bankruptcy Procedure and Official Forms were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. Below, Mr. Ahern follows his 2017 series with Beverly Burden by discussing an important unanswered question for trustees, debtors and creditors: How is the order of distribution to creditors determined?
cmoran

Rule 3002.1 and the Tangled Web of HOA Assessments

By Cathy Moran, Mt. View, CA
“Secured creditors relying on the precept that a secured claim passes through bankruptcy unaffected (absent a proceeding focused on the lien) take note.”
irs

From the IRS

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Here’s How the IRS Contacts Taxpayers

Everyone should know how the IRS contacts taxpayers
queenan

Retired Bankruptcy Judge Passes Away

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Judge James F. Queenan
July 16, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Although a secured creditor with a purchase money security interest in personal property is entitled to adequate protection payments under § 1326(a)(1), the trustee is not obligated to make the payments without a motion, hearing, or court order.
apartment

From the Ninth Circuit Court of Appeals

Opinion: Goudelock v. Sixty-01 Association of Apartment Owners“The panel reversed the district court’s decision affirming the bankruptcy court’s summary judgment in favor of a condominium association, which sought in an adversary proceeding to determine the dischargeability of a debtor’s personal obligation to pay condominium association assessments that accrued between the date the debtor filed her Chapter 13 bankruptcy petition and the date the condominium unit was foreclosed upon.”See also: Post-Petition Condo Fees Dischargeable
irs

From the IRS

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Spread the Word . . . this could be a significant amount of money for veterans.

Veterans Owed Refunds for Overpayments Attributable to Disability Severance Payments Should File Amended Returns to Claim Tax Refunds

  • $1,750 for tax years 1991 – 2005
  • $2,400 for tax years 2006 – 2010
  • $3,200 for tax years 2011 – 2016
ahern_larry

District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Rules of Bankruptcy Procedure were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. In a series of articles, Beverly Burden and Larry Ahern explained many of these changes.This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.
cfpb

On the CFPB

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  • CFPB Acting Director Mulvaney announced he has selected Brian Johnson, who currently serves as Principal Policy Director at the Bureau, to assume the responsibilities of Acting Deputy Director. “Brian Johnson is the first person I hired at the Bureau and has been an indispensable advisor,” said Acting Director Mulvaney. “Brian knows the Bureau like the back of his hand. He approaches his role as a public servant with humility and unsurpassed dedication. His steady character, work ethic, and commitment to free markets and consumer choice make him exactly what our country needs at this agency.”
kavanaugh

From Our Friends at Credit Slips

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July 9, 2018
Archives
markleffler

The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part IV Bankruptcy Court Interpretations

By Mark C. Leffler, Boleman Law Firm, P.C. (Richmond, VA)

The conclusion to the Midland v. Johnson ‘epic’. . . “In Midland v. Johnson, the Supreme Court put an end to FDCPA lawsuits over proofs of claims for stale debts, at least where the claimant tells the truth about the date of last payment. Since the Midland ruling in May of 2017, there have been few decisions from bankruptcy courts on complaints under the Fair Debt Collection Practices Act (FDCPA).”

Click here for Part I
Click here for Part II
Click here for Part III

ahern_larry

District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?

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

The Rules of Bankruptcy Procedure were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. In a series of articles, Beverly Burden and Larry Ahern explained many of these changes.

This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.

uscourts1

Permitted Changes to Official Bankruptcy Forms

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The use of Official Bankruptcy Forms is required with certain exceptions, and the ability to modify Official Forms is limited. However, there are exceptions. Click here for an analysis done by the AO of permitted changes to official bankruptcy forms

See also: Director’s Forms and Their Use by Phil Lamos

foryourblog

For Your Blog

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

From Our Friends at Credit Clips

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July 2, 2018
Archives
Bill-Brown

Impact of Supreme Court’s Decision on § 523(a)(2)(B)

By William H. Brown, Brown and Ahern (Nashville, TN)
“The opinion suggests that a statement respecting the debtor’s financial condition, whether a single-asset or overall condition statement, must meet all the requirements of subsection 523(a)(2)(B) to be nondischargeable. Otherwise, even though the statement is false, the debt is dischargeable, notwithstanding subsection 523(a)(2)(A).”
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??
caution

Sanctions and Irony and Fraud, Oh My!

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From Our Friends at Credit Slips

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