June 24, 2019
Archives
Beskin

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville)
Let’s take a certain set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. . . . the saga begins with failing the bar exam . . .
gretchenholland

Marijuana in Bankruptcy

That Didn’t Take Long: Ninth Circuit’s Cannabis Bankruptcy Decision in Garvin v. Cook Invs. NW is Challenged

(Not password protected)
See our previous article:

A Confirmed Plan with a Marijuana Wrinkle
By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina

Although this article is about a Chapter 11 case, it has Chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters.

janhamilton

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS)
Part 3 addresses behaviors ‘in the courtroom’ and ‘overarching’ considerations. A MUST READ!

Click here for Part 1 of 3 – A comment received regarding Part 1 of Trustee Hamilton’s article – “Excellent work, Jan. I will share it with my staff attorney and local consumer bankruptcy bar.”

Click here for Part 2 of 3 – Discovery and trial prep – EARLY trial prep!!

hildebrand

ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

By Henry E. Hildebrand, III, Chapter 13 Trustee and Sloan Hastings, Vanderbilt Law Student (Nashville, TN)
hastings“The Commission recommends a harmonization of the conflicting provisions of the Code.”

At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice.

Click here to register for the NACTT conference

See also:

Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

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

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

hildebrand
IN CASE YOU MISSED IT . . .

No Take Backs – Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it.
June 17, 2019
Archives
bankruptcyonthebeach

Shout Out to the GREAT folks at
Bankruptcy at the Beach
Alabama State Bar
Bankruptcy/Commercial Law Section

Even with the rain, it was a great conference.
Congratulations to drawing winners
William Baxley and William C. Poole

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it.
ahern_larry

Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Larry Ahern has previously analyzed the Taggart case, both when it was decided by the Ninth Circuit and after it was argued before the Supreme Court on April 24. In the second piece, he considered whether the outcome of Taggart may also inform the standard for contempt arising from a stay violation. Now he reports on the Supreme Court’s decision and considers some implications of the high court’s ruling.
janhamilton

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS)
Part 2 of Trustee Hamilton’s outline covers topics such as discovery and trial prep – EARLY trial prep!!

Click here for Part 1 of 3 – A comment received regarding Part 1 of Trustee Hamilton’s article – “Excellent work, Jan. I will share it with my staff attorney and local consumer bankruptcy bar.”

aboutthejudiciary

About the Judiciary

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Rooker-Feldman Bars Motion to Vacate

openposition

Positions Open

(Not password protected)
Chapter 12 Trusteeship Open
Location: Eastern District of California (primarily Sacramento and Modesto) and District of Nevada
Application Due Date: June 21, 2019

Chapter 7 Trusteeship Open
Location: District of New Jersey, primarily in the Newark and Camden Vicinages
Application Due Date: June 30, 2019

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
nicholasmiller
IN CASE YOU MISSED IT . . .

Substantial Contribution Claims

By Nicholas Miller and Madison Haueisen, Law Students at the University of Texas School of Law and Duberstein Moot Court Team Members
haueisen“Statutes ought to be construed, if possible, so that no clause, sentence, or word shall be superfluous, void, or insignificant.”

The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution to the bankruptcy estate in a case under chapter 7.

See also: Passive Retention: A Creditor’s Right or an Act to Exercise Control?

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members

As reported in March, we are pleased to publish articles written by law students who benefited from the grant money provided by the National Data Center.

June 10, 2019
Archives
janhamilton

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 1 of 3

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS)
In this detailed piece, Trustee Hamilton shares years of trial experience in a concise and humorous, yet profoundly educational, way.
nicholasmiller

Substantial Contribution Claims

By Nicholas Miller and Madison Haueisen, Law Students at the University of Texas School of Law and Duberstein Moot Court Team Members
haueisen“Statutes ought to be construed, if possible, so that no clause, sentence, or word shall be superfluous, void, or insignificant.”The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution to the bankruptcy estate in a case under chapter 7.

See also: Passive Retention: A Creditor’s Right or an Act to Exercise Control?
By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members

As reported in March, we are pleased to publish articles written by law students who benefited from the grant money provided by the National Data Center.

irs

From the IRS

(Not password protected)

All Taxpayers Should Plan Ahead for Natural Disasters

  • Update emergency plan
  • Create electronic copies
  • Document valuables
farmer

Farmers in the News

(Not password protected)
‘It Ain’t Fun Anymore’: Auctioneers are busy selling off dying Wisconsin dairy farms
Auctioneers have an up-close view of the pain behind the dairy crisis. They see no sign of better times to come.There is still time to register for the Chapter 12 conference July 15-16. Click here for more information.

hildebrand

ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

By Henry E. Hildebrand, III, Chapter 13 Trustee and Sloan Hastings, Vanderbilt Law Student (Nashville, TN)
hastings“So, a critical question has arisen: what is a “return” and when is it too late to file one?”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also:

Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees

supremecourt
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
foryourblog

For Your Blog

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

Some Americans Using Retirement Accounts to Pay Student Loans — That’s Bad

burks
IN CASE YOU MISSED IT . . .

Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq.
Chapter 13 Standing Trustee (Cincinnati, OH)
In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure of collateral in state proceedings. The interesting question isn’t whether the creditor will get the collateral in the end, but rather where the dispute is fought.
June 3, 2019
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
If a Chapter 13 debtor does not list a creditor on the creditor matrix when filing the petition and makes no effort to provide supplemental notice to the creditor, the provisions of Rule 3002 allow the extension of time for the creditor to file a claim after the passage of the bar date.
burks

Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq.
Chapter 13 Standing Trustee (Cincinnati, OH)
In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure of collateral in state proceedings. The interesting question isn’t whether the creditor will get the collateral in the end, but rather where the dispute is fought.
volk

New Bankruptcy Judge Appointed to Bench

(Not password protected)
volk

Bankruptcy Judge Appointed to District Seat

(Not password protected)
hildebrand

ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

By Henry E. Hildebrand, III, Chapter 13 Trustee and Sloan Hastings, Vanderbilt Law Student (Nashville, TN)
SWH Headshot“So, a critical question has arisen: what is a “return” and when is it too late to file one?”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.See also:

Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees

supremecourt
debt

Student Loan Chronicles

(Not password protected)
gretchenholland
IN CASE YOU MISSED IT . . .

A Confirmed Plan with a Marijuana Wrinkle

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina
Although this article is about a Chapter 11 case, it has Chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters.
May 27, 2019
Archives
memorialday

In Memory of All Who Gave All

(In observance of Memorial Day, we bring you an abbreviated updated.)

ahern_larry

Supreme Court Agrees to Revisit Finality of Orders in Bankruptcy

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

This week, Larry Ahern addresses the May 20 writ of certiorari in Ritzen Group, Inc. v. Jackson Masonry, LLC (In re Jackson Masonry, LLC), in which the Supreme Court is to decide whether an order denying relief from the automatic stay is “final.” Ahern considers the broader context in which the federal judiciary struggles with finality in bankruptcy proceedings.

Hildebrand headed to the Supreme Court . . . no, not that one . . . in a fun twist to those of us in the consumer bankruptcy world, the next generation – Henry E. “Ned” Hildebrand, IV – represents Jackson Masonry.

fagone

Postpetition Borrowing by a Consumer Debtor in Chapter 13

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye

“Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.”

In this Part 1, Judge Fagone and Ciera Dye outline the statutory framework as well as the caselaw.

In this Part 2, Judge Fagone and Ciera Dye look at policy considerations.

hildebrand

Behind on the ABI Commission articles, take this opportunity to catch up.

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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

As most of you know, the ABI Board of Directors charged the Consumer Commission with recommending improvements to the consumer bankruptcy system which could be “implemented within its existing structure.”In this installment, Trustee Hildebrand looks at suggested changes in dealing with HOA fees.

“While HOA fees and assessments serve a valid purpose, when a debtor seeks to obtain a fresh start, often HOA fees can become a substantial obstacle to that goal.”

At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also:

Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation

debt

Student Loan Chronicles

(Not password protected)
cmoran

IN CASE YOU MISSED IT . . .

How Guarantors Can Escape Tax on Soured Debt

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA)
purdy-billTax lawyer Bill Purdy and Cathy Moran shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of debt income? Here’s the marvelous result that Bill’s caper through the IRS regs returned.See also:Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong
May 20, 2019
Archives
gretchenholland

A Confirmed Plan with a Marijuana Wrinkle

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina
Although this article is about a Chapter 11 case, it has Chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters.
cmoran

How Guarantors Can Escape Tax on Soured Debt on Soured Debt

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA)

purdy-billTax lawyer Bill Purdy and Cathy Moran shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of debt income? Here’s the marvelous result that Bill’s caper through the IRS regs returned.

See also: Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

hildebrand

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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

As most of you know, the ABI Board of Directors charged the Consumer Commission with recommending improvements to the consumer bankruptcy system which could be “implemented within its existing structure.”

In this installment, Trustee Hildebrand looks at suggested changes in dealing with HOA fees.

“While HOA fees and assessments serve a valid purpose, when a debtor seeks to obtain a fresh start, often HOA fees can become a substantial obstacle to that goal.”

At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also previous articles:

Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation

ditech

Ditech in the News

(Not password protected)
ust

From the UST

(Not password protected)

Multiple Chapter 7 Trustees Wanted

irs

From the IRS

(Not password protected)

Tax Tips for Taxpayers to Consider When Selling Their Home

The IRS has some good news for taxpayers who are selling their home. When filing their taxes, they may qualify to exclude all or part of any gain from the sale from their income. Here are some things that homeowners should think about when selling a home:
cfpb

From the CFPB

(Not password protected)

CFPB Gearing Up to Further Relax HMDA and Possibly Other Rules

CFPB Files Suit Against Forster & Garbus, LLP – On 5/17/19 the CFPB filed a lawsuit in the federal district court in the Eastern District of New York against Forster & Garbus, LLP, a New York debt-collection law firm. The complaint alleges Forster & Garbus violated the Fair Debt Collection Practices Act by representing to consumers that attorneys were meaningfully involved in its lawsuits when, in fact, attorneys were not meaningfully involved in preparing or filing them. It further alleges that Forster & Garbus violated the Consumer Financial Protection Act’s prohibition against deceptive acts and practices by making such representations to consumers through its lawsuits. The complaint seeks an injunction against Forster & Garbus, as well as damages, redress to consumers, disgorgement of ill-gotten gains, and the imposition of a civil money penalty.
farmer
debt

Student Loan Chronicles

(Not password protected)
bobbranson

IN CASE YOU MISSED IT . . .

Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)
TB-Headshot-270x270Probably the most thought provoking article The Academy has run on student loans in a long time. A must read . . .
May 13, 2019
Archives
bobbranson

Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)
TB-Headshot-270x270Probably the most thought provoking article The Academy has run on student loans in a long time. A must read . . .
fagone

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye
“Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.”In this Part 2, Judge Fagone and Ciera Dye look at policy considerations.Click here for Part 1
hildebrand

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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

“ . . . the Consumer Commission has sought to balance the interests of the creditors in obtaining clearance before they engage in any particular conduct, with the interests of debtors seeking to enforce the discharge injunction.”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also previous articles:

Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes

burks

A Day in the Life of a Chapter 13 Trustee

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH)

“I was recently asked to expound on a ‘Day in the Life of a Chapter 13 Trustee.’ . . . so here goes.”As part of Trustee Burks’ article, she shares a treasure you may not have seen before . . . ‘Effective Communication Guide.’ It’s a very useful document. Please share it with your Judges especially those who believe they cannot speak to you. They CAN on procedural issues.

ust

From the UST

(Not password protected)
Chapter 7 Trustees WantedNew Posting:
Location: Eastern District of Virginia, primarily Norfolk/Newport News Divisions
Application Due Date: May 31, 2019

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

Indiana U.S. Bankruptcy Trustee Appointed as Interim Trustee in Region Including Georgia

irs

From the IRS

(Not password protected)

Taking Care of Business: Recordkeeping for Small Businesses

Small business owners should keep good records. Whether they install software or make soft-serve. Whether they cut hair or cut lawns. Keeping good records is an important part of running a successful business.
cfpb

From the CFPB

(Not password protected)
farmer
foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?

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

The Ninth Circuit’s In re Taggart decision, previously analyzed by Larry Ahern, was argued before the Supreme Court on April 24. This week, Larry looks to the Sixth Circuit’s recent “good faith” decisions in In re Nicole Gas Production, Ltd. and In re Wohleber and considers whether the outcome of Taggart may also inform the standard for contempt arising from a stay violation.

Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

May 6, 2019
Archives
fagone

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye

“Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.”In this Part 1, Judge Fagone and Ciera Dye outline the statutory framework as well as the caselaw.

ahern_larry

Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?

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

The Ninth Circuit’s In re Taggart decision, previously analyzed by Larry Ahern, was argued before the Supreme Court on April 24. This week, Larry looks to the Sixth Circuit’s recent “good faith” decisions in In re Nicole Gas Production, Ltd. and In re Wohleber and considers whether the outcome of Taggart may also inform the standard for contempt arising from a stay violation.Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

hildebrand

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

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

In this, the newest, article regarding the ABI Commission, Hildebrand states:“ . . . , recognizing that effectuating statutory modifications entails an extremely long, grueling and difficult process, made suggestions for non-statutory modifications by regulation and by case law. . . . Commission recommended that the U.S. Department of Education promulgate very clear rules as to the position the Department would take when confronted with an assertion that the repayment of a student loan would work an undue hardship under 523(a)(8).”

At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also previous articles:

Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy

ABI Commission on Consumer Bankruptcy – Introduction

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

ust

From the UST

(Not password protected)

Chapter 7 Trustees WantedApplication due date for all 3 is: May 17, 2019

  • Northern District of New York, primarily in the Utica/Binghamton/Syracuse Division
  • Western District of New York, primarily in the Rochester Division
  • District of Connecticut, in the Bridgeport/Hartford/New Haven Divisions
irs

On the IRS

(Not password protected)

Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

“There are special rules for rentals.”
cfpb

From the CFPB

(Not password protected)

CFPB Proposes Changes to HMDA Rules

The CFPB issued a Notice of Proposed Rulemaking, which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act . . . which would provide much needed relief to smaller community banks and credit unions.
foryourblog

For Your Blog

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

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

Who should do a Paycheck Checkup? Those who owed additional tax; had a refund that was larger or smaller than expected; and/or had life changes such as marriage, childbirth, adoption, buying a home or income change.
williambrown

IN CASE YOU MISSED IT . . .A Hot Case. Hot Off the Press.

Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org
In the most recent opinion on the issue, the Court, in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete payments required “under the plan.”
April 29, 2019
Archives
leo-spanos

Making Sense of the Means Test

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division)

Attorney Spanos brings us an excellent reference tool which asks the question ‘are you doing it right?’

Of significance, line 13b is not the contractual monthly payment pursuant to the contract with the creditor. It is balance owing at the time of filing (as determined by schedule A/B or the proof of claim) divided by 60. This formula differentiates cases where a debtor’s loan will mature sooner, rather than later, and will adjust accordingly the amount that can be deducted.”

williambrown

A Hot Case. Hot Off the Press.

Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org
In the most recent opinion on the issue, the Court, in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete payments required “under the plan.”
williambrown

Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy

By William Houston Brown, Co-chair of the Commission and Adviser to The Academy

The Report of the Commission on Consumer Bankruptcy for improvements to the consumer bankruptcy system was made public on April 11, 2019. The full report is available free by download from the ABI’s website.

This article is the Foreward to the Report which explains the creation and charge of the Commission, as well as its procedures in deliberating and reaching consensus on forty-eight discrete recommendations. This Foreward is reprinted with permission of the American Bankruptcy Institute.

Periodically between now and NACTT’s annual meeting in Indianapolis, July 16-19, 2018, we will post articles discussing specific recommendations of the Commission, and at the Indianapolis meeting, a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the conference.

See also previous articles:
ABI Commission on Consumer Bankruptcy – Introduction

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

alanebecket

NACTT Indianapolis Speaker Named ABI Prez

(Not password protected)
supremecourt

From the Supreme Court

(Not password protected)

Court Hears Arguments on Limiting Contempt For Pursuing Invalid Debts

Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

grayingdebtors

Graying of Debtors

(Not password protected)

Older Workers Helped Fuel Recent U.S. Growth. Can it last?

McDonald’s is Partnering with AARP to Hire Older Employees – Would you like fries with your retirement?

Low Savings, High Medical Costs, Fraying Safety Net Keep Seniors Working

The fact that more and more older individuals are filing bankruptcy is one that will be addressed at the NACTT conference in Indianapolis. A team of experts has been assembled to address: Graying of Debtors – Effectively representing older clients and economic factors increasing seniors’ filings. Speakers are: Krispen Carroll, Prof. Bob Lawless, William T. Rule, Ph.D., and David Cox.

usbankruptcycourt

From the Courts

(Not password protected)
farmer

Chapter 12 in the News

(Not password protected)

Bipartisan Group of Lawmakers Aim to Ease Chapter 12 Bankruptcy Rules

And don’t forget the Chapter 12 conference July 15-16. Click here for more information.
ditech

Ditech Bankruptcy in the News

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
  • Sudden Death: Can the most damaging kind of for-profit closure be prevented?
foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

A very popular item from last week . . .

Less Than 100% Dividend, Can a Chapter 13 Plan be Paid Off Early?

By Stacey A. O’Stafy, Staff Attorney, Office of the Chapter 13 Trustee Faye D. English (Columbus, OH)
Paid off early? Temporal interpretation or monetary/multiplier approach? Since BAPCPA many questions remain in this issue we see every week.
April 22, 2019
Archives
ostafy

Less Than 100% Dividend, Can a Chapter 13 Plan be Paid Off Early?

By Stacey A. O’Stafy, Staff Attorney, Office of the Chapter 13 Trustee Faye D. English (Columbus, OH)
Paid off early? Temporal interpretation or monetary/multiplier approach? Since BAPCPA many questions remain in this issue we see every week.
supremecourt

From the Supreme Court

(Not password protected)

Argument Preview: Justices to consider sanctions for violating bankruptcy discharge

hildebrand

ABI Commission on Consumer Bankruptcy – Introduction

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
  • In this, the first in a series, Trustee Hildebrand explains the background and processes of the Consumer Commission. “A significant number of suggestions were included in the report and the Academy intends to review these recommendations, hoping to solicit feedback from Academy members.”

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
  • “The Commission did not believe it appropriate to make student loans freely dischargeable . . . The Commission did, however, recommend that we return to a time-based exception from discharge . . .”
capitol

Hot Off the Press – ABI Report

(Not password protected)

IMG_0127The Final Report of the ABI Commission on Consumer Bankruptcy has now been released. The Report is available for download at ABI.org. Click here, complete the short form (name and email address) and you will be sent a link to the 274-page report.

You may also click here for a summary

See also: Many People are Too Broke for Bankruptcy – New Report Suggests Some Fixes

treister

Author and Titan of Bankruptcy Dies at 95

George M. Treister, author of ALIABA’s Fundamentals of Bankruptcy Law, a Yale graduate, influenced bankruptcy in so many way.

Click here to leave a sympathy message for the family

farmer

Farmers in the News

(Not password protected)

Trends Show Chapter 12 Bankruptcies Not Rising at an Alarming Rate

twomey

Recorded Webinar Available – Ditech – What Consumer Bankruptcy Folks Need to Know

_MG_0146Tara Twomey and Thad Bartholow did an excellent job teaching attendees: how/where to file claims; the bar date; the entire list of entities involved; why your client may not have received notice and what to do about it; what the proposed plan does and doesn’t say; and more.

This resource is FREE to subscribers or is available for $25 per view for non-subscribers. Click here to subscribe!

cfpb

From the CFPB

(Not password protected)

Could Debt Collectors Send You Texts, Emails? – Consumer groups fear CFPB may allow it.

foryourblog

For Your Blog

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

Here’s What People Should Know about Taking Early Withdrawals from Retirement Plans

Bill Purdy

IN CASE YOU MISSED IT . . .

Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)

Tax attorney Bill Purdy says: “Don’t take IRS form 1099 at face value.”

“Financial intuitions use dart boards, Ouija boards, soothsayers, the entrails of an owl, and basically any number they feel like using for the fair market value.”

More from this author: Crushing Tax Change for Injured Consumers

April 15, 2019
Archives
johnandreeasen

Passive Retention: A Creditor’s Right or an Act to Exercise Control?

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members

pjl3As reported in March, we are pleased to publish the first of several articles written by law students who benefited from the grant money provided by the National Data Center.

“ . . . Whether it is a motor vehicle or other collateral, this type of dispute is the prompt to the Duberstein Moot Court Competition and leads to the questions of whether passive retention of property is a violation of the automatic stay.”

Bill Purdy

Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)

Tax attorney Bill Purdy says: “Don’t take IRS form 1099 at face value.”

“Financial intuitions use dart boards, Ouija boards, soothsayers, the entrails of an owl, and basically any number they feel like using for the fair market value.”

More from this author: Crushing Tax Change for Injured Consumers

capitol

Hot Off the Press – ABI Report

(Not password protected)

The Final Report of the ABI Commission on Consumer Bankruptcy has now been released. The Report is available for download at ABI.org. Click here, complete the short form (name and email address) and you will be sent a link to the 274-page report.

You may also click here for a summary

Beginning next Monday, ConsiderChapter13.org will publish a series of explanatory articles related to topics of interest to you addressed in the report.

twomey

Webinar Now Available

Ditech – What Consumer Bankruptcy Folks Need to Know

_MG_0146On April 3rd, The Academy d/b/a ConsiderChapter13.org produced an excellent webinar regarding the bankruptcy of Ditech and its affiliates.

Tara Twomey and Thad Bartholow did an excellent job teaching attendees: how/where to file claims; the bar date; the entire list of entities involved; why your client may not have received notice and what to do about it; what the proposed plan does and doesn’t say; and more.

This resource is FREE to subscribers or is available for $25 per view for non-subscribers. Or click here to subscribe!

See also: Ditech Bankruptcy Loophole Could Cause Adverse Effect for Some Homeowners

kevinanderson

Discounted Registration Price ENDS Tomorrow – April 16th! Save $200 by registering right now!!

nacttClick here to see the fabulous program offered – The Honorable Kevin R. Anderson joins Lundin and Hildebrand for the annual case law update.

Register NOW for NACTT Indianapolis

Think Indy isn’t fun? Think they don’t have GREAT restaurants? THINK AGAIN . . .

  • Click here for Indy’s Top 25 Local Restaurants
irs

On the IRS

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
  • ‘Lousy System’: U.S. official who resigned explains how the student debt crisis got so bad
foryourblog
ahern_larry

IN CASE YOU MISSED IT . . .

Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Hot out of SCOTUS, Larry Ahern analyzes the March 20 decision of the Supreme Court in Obduskey v. McCarthy & Holthus LLP, which analyzes the Fair Debt Collection Practices Act, with a highlighted version of the statute in an Appendix, and considers what may be on the horizon. The entire statute is fairly voluminous and only a few words are pertinent to the analysis here.
April 8, 2019
Archives
ahern_larry

Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Hot out of SCOTUS, Larry Ahern analyzes the March 20 decision of the Supreme Court in Obduskey v. McCarthy & Holthus LLP, which analyzes the Fair Debt Collection Practices Act, with a highlighted version of the statute in an Appendix, and considers what may be on the horizon. The entire statute is fairly voluminous and only a few words are pertinent to the analysis here.
helenmorris

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia
“It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan . . . ; saying “the Trustee is right” distinctly in open court . . .; or closing a 1999 (yep 1999, that is not a typo) case after nearly 14 years.”
williambrown

From the Editor

This week Judge Brown looks at two cases – one on the ever popular topic of attorney fees and the other on confirmation:

  • Attorney Fees – Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion.
  • Confirmation – Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien.
kevinanderson

Discounted Registration Price EXTENDED through April 16th! Save $200 by registering right now!!

nacttClick here to see the fabulous program offered – The Honorable Kevin R. Anderson joins Lundin and Hildebrand for the annual case law update.

Register NOW for NACTT Indianapolis

Click here for registration forms only

Think Indy isn’t fun? Think they don’t have GREAT restaurants? THINK AGAIN . . .

  • Click here for Indy’s Top 25 Local Restaurants
volk

W.Va. Bankruptcy Judge Nominated to U.S. District Court

(Not password protected)

Judge Volk Nominated to U.S. District Court

irs
debt

Student Loan Chronicles

(Not password protected)
farmer
foryourblog
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)

April 1, 2019
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

This one is for the creditors!!!When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)

williambrown

From the Editor

williambrown

REMINDER – INCREASES GO INTO EFFECT TODAY!! (APRIL 1ST)

Dollar Amount Increases in Bankruptcy Code

(Not password protected)
By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy
On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years.
ahern_larry

IN CASE YOU MISSED IT . . .

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part IV – The Lower Courts Struggle with Arbitration Guidelines

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

What’s an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question

In this series of articles for the Academy, Larry Ahern reviews the effect of arbitration clauses in bankruptcy proceedings. Today, he concludes the series with some suggestions and resources for parties on all sides of the arbitration question.Click here for Part I
Click here for Part II
Click here for Part III
March 25, 2019
Archives
mootcourt

Duberstein Bankruptcy Moot Court

In partnership with The Academy, the National Data Center awarded two $5,000 scholarships to teams wishing to participate in the Duberstein competition. Sixty-two teams in all participated in the Honorable Conrad B. Duberstein National Bankruptcy Moot Court Competition this year. Duberstein is the only bankruptcy-focused national advocacy competition and is sponsored by the American Bankruptcy Institute and hosted by St. John’s University Law School in New York.

The National Data Center grants were awarded to teams from the University of Illinois and the University of Texas. Both schools advanced to the Sweet Sixteen at the national competition, Illinois advancing one team and Texas sending through two teams this year. One University of Texas Law School team then advanced to the Final Four, finishing 3rd in the competition and also receiving an outstanding brief award.

CONGRATULATIONS TO BOTH TEAMS UNIVERSITY OF ILLINOIS AND UNIVERSITY OF TEXAS AND THEIR COACHES, DEBBIE LANGEHENNIG AND PROF. BOB LAWLESS!!!!

In coming weeks, watch for articles written by law student team members.

ahern_larry

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part IV – The Lower Courts Struggle with Arbitration Guidelines

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

What’s an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question

In this series of articles for the Academy, Larry Ahern reviews the effect of arbitration clauses in bankruptcy proceedings. Today, he concludes the series with some suggestions and resources for parties on all sides of the arbitration question.

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

See also: Forced Arbitration Is Unjust and Deeply Unpopular. Can Congress End It?

supremecourt
irs

From the IRS

(Not password protected)

Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

IRS reminds taxpayers that it’s not too late to contribute to an IRA and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019.
farming
williambrown

REMINDER – INCREASES GO INTO EFFECT APRIL 1ST

Dollar Amount Increases in Bankruptcy Code (Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy
On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years
March 18, 2019
Archives
beskin

Trustee May Use Any Law Available to Avoid a Transfer

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article.
Although this is a Chpt 7 case, there are Chpt13implications: “The plain language of §544(b)(1) ‘permits a trustee to step into the shoes of any existing unsecured creditor, including the IRS, and utilize any ‘applicable law’ to avoid a transfer, including the FDCPA.’”
williambrown

From the Editor

Judge Brown was back at his desk this week and takes a look at two cases dealing with confirmation:

cmoran

Ensure You Understand Insurance in Bankruptcy

“Dig deeper . . . As Arthur Conan Doyle has Sherlock Holmes say: These are much deeper waters than I had thought.”
irs

From the IRS

(Not password protected)

There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040

2018 Form 1040 uses a building-block approach that allows individuals to file only the schedules they need.
marylourobinson

Passing of District Court Judge

(Not password protected)

Pioneering Judge Mary Lou Robinson Dies at 92

baddebt

A popular link from last week . . .

Bending the FDCPA to the Breaking Point

(Not password protected)

3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
bankruptcy
foryourblog
williambrown

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code

(Not password protected)
By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy
On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years
March 11, 2019
Archives
Burden

Tips and Traps: Issuing A Subpoena for Bank Records

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
Here are tips for those who do not often use subpoenas.
ahern_larry

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part III – The Lower Courts Struggle with Arbitration Guidelines

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In this series, Larry Ahern reviews the effect of arbitration clauses in bankruptcy proceedings. In Parts I and II, he examined three cases presented to the Supreme Court in 2018. In this Part III, he continues his review of caselaw on the subject to date, supplementing the endnotes with an Appendix that provides a catalog of circuit-level and related authorities.Click here for Part I
Click here for Part IISee also:Arbitration in Bankruptcy — Discharge, the Easy Case
irs

From the IRS

(Not password protected)

Here’s How a Name Change Affects a Tax Return

  • When someone legally changes their name, there are tax consequences they need to know about., especially at tax time.

IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

  • Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments.
farming

Farmers in the News

(Not password protected)

‘We Need It Now': U.S. Farm Country Pins Hopes on China Trade Deal

Want to learn more about Chapter 12?
Register Now for the Chapter 12 Conference

Register NOW!

openposition

NEW Chapter 7 Trustee Positions Available

(Not password protected)
Location: District of Maryland, (Northern Division, Baltimore and Salisbury)
Due Date: March 22, 2019Location: District of Maryland, primarily the Northern Division (including Baltimore and Salisbury)
Due Date: March 22, 2019
moneyloan

Payday Lenders in the News

(Not password protected)

Move to Pull Consumer Protection Rule Heightens Debate Over Payday Lending

baddebt

Bending the FDCPA to the Breaking Point

(Not password protected)

3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
foryourblog

Vocabulary Term of the Week

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Debt Collectors: Make Sure They’re Legit, and They Can’t Scream, Curse or Threaten You
williambrown

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code (Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy
On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years
March 4, 2019
Archives
Carri-Johnson

Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit

By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA)
“Moving forward, in cases where the debtor is filing a subsequent petition within a year of the prior case being filed and dismissed it is important for debtors to take advantage of §362(c)(3)(B).”
travis-sasser

Why Bankruptcy Judges in North Carolina Still Appoint Trustees (Not password protected)

In this detailed piece, Sasser not only answers the question of why trustees are still appointed by judges but outlines a history of bankruptcy in North Carolina which includes a great deal of NACTT history! A fascinating read.NACTT is pleased to have Travis Sasser as a plenary speaker in Indianapolis. Along with John Hauber and Mike Bates, they will discuss local plans, their special terms, and whether or not they are filling gaps left by the national plan? Are these plans working?

This is a panel you won’t want to miss!program_artworkRegister NOW for NACTT IndianapolisClick here for registration forms only

williambrown

Dollar Amount Increases in Bankruptcy Code (Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy
On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three yearsSee also: Moving Up: Bankruptcy Code Dollar Amounts Will Increase on April 1, 2019
farming

Farmers in the News

(Not password protected)

Want to learn more about Chapter 12?  Attend the Chapter 12 Conference.

Register NOW!

openposition

UST Has Multiple Trustee Positions Posted

(Not password protected)
Chapter 13Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
irs

About Income Tax Changes

(Not password protected)

Tax Refunds Down 17%: IRS

moneyloans
foryourblog

For Your Blog

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

‘Where’s My Refund?’ Remains Easiest Way to Check Tax Refund Status

Using the “Where’s My Refund?” online tool, taxpayers can start checking on the status of their return within 24 hours after the IRS receives an e-filed return or four weeks after the taxpayer mailed a paper return. The tool has a tracker that displays progress through three phases: (1) Return Received; (2) Refund Approved; and (3) Refund Sent.
debt

Student Loan Chronicles

(Not password protected)
  • End of the Road for Argosy – Trump administration cuts off Title IV student aid for Argosy University campuses and blocks deal to go nonprofit after chain fails to make payments to thousands of students.
caution

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)
It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment.
February 25, 2019
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment.
cmoran

Rescuing a Troubled Chapter 13: The Unseen Threat

By Cathy Moran, Esq. (Redwood City, CA)
“We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. . . . As we talked, it came out that he’d made no post-petition mortgage payments for close to two years.”
Brad-Caraway

Meet an AO Trustee

On June 26, 2017, Bradford W. Caraway was appointed as the Chapter 13 Standing Trustee for the Northern District of Alabama, Southern Division. He replaced D. Sims Crawford who had been appointed as a United States Bankruptcy Judge for the Northern District of Alabama.
program_artwork

!!! IT’S TIME IT’S TIME IT’S TIME !!!

“This year’s program is filled with a range of relevant and timely topics of interest to consumer practitioners. Members of the ABI Commission on Consumer Bankruptcy will discuss recommendations related to Chapter 13 and how those recommendations may impact the Chapter 13 practice. These and other talented speakers will address topics on critical issues involving mortgages, graying of debtors, factors impacting discharge rates, modifications, Chapter 13 duties, powers and limitations, negotiating with secured claimholders, class actions, security clearances, loss mitigation, presentation skills, new bankruptcy rules and local plans, strategies for addressing student loans, and three hours of sessions related to ethics. The always-popular case law update is returning again this year, featuring the Honorable Keith M. Lundin, the Honorable Kevin R. Anderson, and Trustee Henry E. Hildebrand III.” – Program Chair Linda B. GoreRegister NOW for NACTT Indianapolis

Click here for registration forms only

supremecourt

From the Supreme Court

(Not password protected)
  • Argument Analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy
openposition

UST Has Multiple Trustee Positions Posted

(Not password protected)
Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019
Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019
Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
irs
redcar

There’s Always a Car

(Not password protected)
foryourblog

For Your Blog

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

As Refunds Dip Again, Treasury Cites Last Year’s Tax Cut

Veronica-Brown-Moseley

In Case You Missed It . . .

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA)
“ . . ., bankruptcy courts are split as to whether above-median income debtors who experience a negative change in their financial circumstances after plan confirmation are able to modify the plan to reduce the term of the plan below 60 months without full repayment to unsecured claims.”
February 18, 2019
Archives

presidentsday

Veronica-Brown-Moseley

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA)
“ . . ., bankruptcy courts are split as to whether above-median income debtors who experience a negative change in their financial circumstances after plan confirmation are able to modify the plan to reduce the term of the plan below 60 months without full repayment to unsecured claims.”
ahern_larry

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part II: More Supreme Court Action on Arbitration

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

In this series of articles, Larry Ahern selects several recent decisions addressing the effect of arbitration clauses. He starts with three cases presented to the Supreme Court in 2018, including one decided after Part I of this series was published.Stay tuned for Part III – Mr. Ahern will consider what guidance may be found in the caselaw to date, especially as it relates to core proceedings, like student loan dischargeability disputes.

Note Correction to Part I of this Series

Part I has been corrected since its original publication on January 21. In the Conclusion, the phrase “to extend that commitment” has been amended to read “not to extend that commitment.” Thanks to Mark Leffler for noting the typographical error.

See also:

Applying a U.S. District Court’s Local Mediation Rule in Bankruptcy Court: Iowa & Minnesota Examples

Mediation as “Entirely-Voluntary”: An Unexamined Value That’s Not Worth Keeping

Farmers and Chapter 12

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

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

Want to learn more about Chapter 12?

On July 15 & 16 (just prior to the NACTT Conference) the Association of Chapter 12 Trustees (Act2) will host a day and a half seminar on all things Chapter 12.

Topics include:

  • Case law update
  • Pre-bankruptcy planning
  • Taxes in Chapter 12
  • Feasibility & confirmation issues
  • Legislative update
  • Core concepts for those new to Chapter 12

Register NOW!

barnfarm
petitionbankruptcy

Study of Continued Interest

Personal Bankruptcy Decisions Before and After Bankruptcy Reform

Abstract – We examine the personal bankruptcy decisions of lower-income homeowners before and after the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Econometric studies suggest that personal bankruptcy is explained by financial gain rather than adverse events, but data constraints have hindered tests of the adverse events hypothesis. Using household level panel data and controlling for the financial benefit of filing, we find that stressors related to cash flow, unexpected expenses, unemployment, health insurance coverage, medical bills, and mortgage delinquencies predict bankruptcy filings a year later. At the federal level, the 2005 Bankruptcy Reform explains a decrease in filings over time in counties that experienced lower filing rates.
openposition

UST Has Multiple Trustee Positions Posted

(Not password protected)
Chapter 13Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
irs

About Income Tax Changes

(Not password protected)
Tax code changes leave Americans asking, ‘What happened to my refund?’ – “If I were to estimate, two-thirds will pay more than they thought and one-third will get more than they thought,” said one tax preparer.Top Senate Tax Writer Says GOP Will Not Tweak State and Local Deduction Limits
cfpb

CFPB In The News

(Not password protected)

CFPB Cripples New Rules for Payday Loans

foryourblog

For Your Blog

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

Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app.And, did you know that . . . By law, the IRS cannot release tax refunds for Earned Income Tax Credit or the Additional Child Tax Credit related tax returns before mid-February. “Where’s My Refund?” will be updated by Feb. 23 for most early filers who claimed the EITC or ACTC. These taxpayers will not see a refund date on “Where’s My Refund?” or through their software packages until then. The earliest EITC and ACTC related refunds should be available in taxpayer bank accounts and debit cards starting Feb. 27, if taxpayers used direct deposit and there are no other issues with their tax returns.
michelehatcher

In Case You Missed It . . .

Meet Another Trustee

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division.
February 11, 2019
Archives
leo-spanos

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division)
“Courts around the county are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).”
RebeccaGarcia

Chapter 12 and the Challenge of the New Farm Crisis (Reprinted with permission from the ABI Journal, Vol. XXXVIII, No. 2, February 2019)

By Rebecca R. Garcia, Chapters 12 & 13 Trustee (Oshkosh, WI) and Jan M. Sensenich, Chapters 12 & 13 Trustee (Norwich, VT)

Sensenich“The Most Powerful – Yet Most Underutilized – Chapter of the Code”

“If your firm does small business chapter 11 or 13 cases, but you have never handled a chapter 12 case, it is worth consider¬ing. There are a lot of farmers and fishermen out there. Their businesses tend to be highly leveraged, and they operate under tremendous financial and physical risks. Very few of them realize what Congress did to help them three decades ago.”

See also:

Farmer Bankruptcies Swell to Decade High in Farm Belt

Farmers Nearing Crisis Push Back on Trump Trade Policies – Low prices, trade wars and higher interest rates are depressing farm incomes.

And note Act2’s new Twitter account – @farmfreshstart

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

Want to learn more about Chapter 12?

On July 15 & 16 (just prior to the NACTT Conference) the Association of Chapter 12 Trustees (Act2) will host a day and a half seminar on all things Chapter 12.

Topics include:

  • Case law update
  • Pre-bankruptcy planning
  • Taxes in Chapter 12
  • Feasibility & confirmation issues
  • Legislative update
  • Core concepts for those new to Chapter 12

Register NOW!

And note Act2’s new Twitter account – @farmfreshstart

barnfarm
michelehatcher

Meet Another Trustee

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division.
openposition

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13

Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019

Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019

Chapter 7

Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019

Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019

boltz

Worth repeating . . .

Eviction Diversion Programs and Chapter 13 Bankruptcy

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018)
“With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis.”

nactt 2019 conference

irs

About Income Taxes

(Not password protected)
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
hildebrand

In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville)
Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation.
February 4, 2019
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville)
Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation.
gustafson

Avoidance Powers in Chapter 13 – Part 6 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
Judge Gustafson concludes his exploration of Avoidance Powers looking at the hypothetical liquidation for the best interest test? Thank you Judge Gustafson for such a detailed outline.Click here for Part 1 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Click here for Part 4 of 6
Click here for Part 5 of 6
boltz

Eviction Diversion Programs and Chapter 13 Bankruptcy

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018)
“With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis.”

nactt 2019 conferenceThe NACTT annual conference will be one of the best, EVER. DON’T MISS IT. All your favorites* will be offered but new topics such as the successfulness, or not, of loss mitigation programs will be discussed.

*Note that the Annual Case Law Update will be Friday AFTERNOON. Reminder, the conference is Wednesday, Thursday and Friday.

irs

From the IRS

(Not password protected)

Here’s What Taxpayers Should Consider When Determining If They Need to File

“For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file Form 1040.”
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Court Rejects Nonstandard Provision for Retention of Tax Refund

newstudy
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • The 53 Best Customer Rewards Programs – From fast food restaurants to pharmacies, these are the most recommended store rewards programs around. Score freebies, coupons, and other perks!
debt

Student Loan Chronicles

(Not password protected)
KathryneShaw

In Case You Missed It . . .

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 2

By Kathryne M. Shaw, Boleman Law Firm, P.C. (Virginia Beach, VA)
“This decision has understandably created concern among those who care about the integrity of Chapter 13, leading some to suggest that the Code and Rules don’t do enough to prevent bad faith debtors from reaping the benefits of the discharge.”Click here for Part 1
Click here for Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”? – The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”NOTE: Commentary Posted at End of Article (scroll to the bottom of the article page and look for ‘Comments’)
January 28, 2019
Archives
KathryneShaw

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 2

By Kathryne M. Shaw, Boleman Law Firm, P.C. (Virginia Beach, VA)

“This decision has understandably created concern among those who care about the integrity of Chapter 13, leading some to suggest that the Code and Rules don’t do enough to prevent bad faith debtors from reaping the benefits of the discharge.”Click here for Part 1

Click here for Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

– The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”NOTE: Commentary Posted at End of Article (scroll to the bottom of the article page and look for ‘Comments’)

gustafson

Avoidance Powers in Chapter 13 – Part 5 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
Judge Gustafson continues his exploration of Avoidance Powers, answering the question: Does the trustee having avoidance powers create a corresponding duty to use them?Click here for Part 1 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Click here for Part 4 of 6
Sensenich

The Government Shutdown and Chapter 13 Plan Arrearages -What Do We Do Now?

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont
Many of you have asked for guidance. Here, Trustee Sensenich offers options for trustees and practitioners in these uncharted waters.Be sure to note the comments at the very bottom of the article page and feel free to enter your own.

amazonsmile2

irs
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
uscourts
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
January 21, 2019
Archives

mlk

Martin Luther King Jr. – A look back at the life of an American icon

ahern_larry

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In his next articles, Larry Ahern selects several recent decisions addressing the effect of arbitration clauses, starting with two cases presented to the Supreme Court in 2018, and considers what guidance may be found in the caselaw to date, especially as it relates to student loan dischargeability arbitration.
gustafson

Avoidance Powers in Chapter 13 – Part 4 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
Judge Gustafson continues his exploration of Avoidance Powers, this week taking a deeper dive into the case law on the avoidance powers of the chapter 13 debtors.Click here for Part 1 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6

amazonsmile2

kuharich

Meet Another of the New Trustees

On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio replacing retiring Toby Rosen who served in this position for 30 years.
gavel

Northern District of MS Welcomes New Judge

(Not password protected)

Investiture Ceremony Honors Local Bankruptcy Court’s Newest Judge

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
uscourts
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
January 14, 2019
Archives
KathryneShaw

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 1 of 2

By Kathryne M. Shaw, Boleman Law Firm, P.C. (Virginia Beach, VA)
This article will examine the Holman case further, but it does not believe Holman is cause for alarm. Posted this week is part one of a two part article.
Bill-Brown

From the Editor

Bankruptcy Protections Limited for Repeat Filers

By William H. Brown, United States Bankruptcy Judge (Retired) and Academy Editor & Advisor
Judge Brown takes a quick look at a recent First Circuit decision.
gustafson

Avoidance Powers in Chapter 13 – Part 3 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
Judge Gustafson continues his exploration of Avoidance Powers, this week looking at § 522(h) & (g) and the statutory basis for, and against, chapter 13 debtors exercising avoidance powers.Click here for Part 1 of 6
Click here for Part 2 of 6
wilsonaguilar

Meet One of Our Newest Trustees

Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

9th Circuit Clarifies Appellate Attorney’s Fees in Sanctions Case

“ . . . the Ninth Circuit Court of Appeals reversed the judgment of the District Court.”
supremecourt

From the Supreme Court

(Not password protected)
foryourblog

For Your Blog

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

Affected by the Shutdown? The Do’s and Don’ts

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
January 7, 2019
Archives
bowarrow

Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

By Academy Staff
The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”
gustafson

Avoidance Powers in Chapter 13 – Part 2 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
Judge Gustafson continues his exploration of Avoidance Powers, looking at the case law and
working backward from the rest of the Code to Chapter 13.Click here for Part 1 of 6
bettyloisjennette

Passing of Former Clerk

(Not password protected)
babero

Passing of Bankruptcy Judge – Update

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  • Coroner: Bankruptcy judge’s death a suicide
uscourts

From the Courts

(Not password protected)

Courts Endure Rough Storm Season

irs

From the IRS

(Not password protected)

IRS Issues Standard Mileage Rates For 2019

Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 58 cents per mile driven for business use, up 3.5 cents from the rate for 2018,
  • 20 cents per mile driven for medical or moving purposes, up 2 cents from the rate for 2018, and
  • 14 cents per mile driven in service of charitable organizations.

However, it is important to note that under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses.

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
December 31, 2018
Archives
gustafson

Avoidance Powers in Chapter 13 – Part 1 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
Judge Gustafson kicks off the new year (well, end of the old!) with an excellent six part outline on avoidance powers.
humour

From Credit Slips

(Not password protected)

A couple of humorous posts we think you will enjoy:

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
December 24, 2018
Archives
December 17, 2018
Archives
ahern_larry

Amendments to Remaining Rules of Procedure Related to Bankruptcy Appeals Effective December 1, 2018

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

This month saw amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes are of more interest to the Chapter 13 community than others and were the subject of analyses by Larry Ahern published here before their December 1 effective date, including Rule 8011, dealing with electronic filing and service.His analyses continue this week with the remaining changes in Part VIII.See also:

huether

Give Me Back My Car! Recent Cases Highlight Circuit Split over Whether Failure to Return Repossessed Property Violates the Automatic Stay

By Glenn Huether, Senior Counsel Consumer Banking Division, Wells Fargo Legal Department (Charlotte, NC)
“Whether a lender is required to turnover repossessed property immediately after a debtor files a Chapter 13 petition – and whether the failure to return that property is a violation of the automatic stay – is an issue that deeply divides the circuits and may be headed to the Supreme Court for review.”
cmoran

Cars & Bankruptcy: What You Must Know to Get It Right

By Cathy Moran, Mt. View, CA
Think you know how to handle cars and their loans in the Schedules? Are you sure you are doing it right?“It’s time for a summary and refresher on dealing with car loans in bankruptcy. Somehow, my staff hit a wall this week on what information we needed about cars and car loans. So, here’s my roadmap to cars in bankruptcy.”
uscourts

From the Courts

(Not password protected)
Judges: Separation of Powers Protects Bill of Rights
In a new, five-minute video, federal judges offer insights into their thinking about the separation of powers and describe how healthy tensions among the branches have a stabilizing effect on democracy.Current Rules of Practice & Procedure
Detailed information regarding the December 1, 2018, amendment.
barn
foryourblog

For Your Blog

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

Taxpayers Can Now Instantly Get Tax Info on Instagram

The IRS also has their own app, IRS2Go. Taxpayers can use this free mobile app to check their refund status, pay taxes, find free tax help, watch IRS YouTube videos and get IRS Tax Tips by email. Like Instagram, the IRS2Go app is available from the Google Play Store for Android devices, or from the Apple App Store for Apple devices. IRS2Go is available in both English and Spanish.
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)
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.
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)