May 22, 2017
Archives

nactt2017-banner

NACTT Extends Special Offer for Seattle Conference Registration
May 1st Discounted Pricing Extended Through May 31st

REGISTER NOW

Bill-Brown

From the Editor – Co-Debtor Stay and Standing

By The Honorable William Houston Brown (Retired)

Judge Brown brings two cases to our attention this week – one on co-debtor stay and one on standing:

briefbank

Brief Bank

  • Peake v. Ayobami – Appellant’s brief seeking reversal of Bankruptcy Court decision regarding misapplication of Form 106C.
  • Peake v. Ayobami – Reply brief
mortgagematters

Mortgage Matters Feature

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socialsecurity

For Your Blog

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For Your Blog contains articles, particularly debtor attorneys, might want to use as filler content for website or blog.

imabill

Student Loan Chronicles Supplement

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H.R.2366 – Discharge Student Loans in Bankruptcy Act of 2017On 5/4/17 Rep. John Delaney of Maryland cosponsored a short but sweet bill, which if enacted, will do just what the title says.

Click here for the text of the bill

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Where the debtors’ proof of loss to an insurance company significantly exceeds the amounts and list of property included on the debtors’ Chapter 13 petition, it was appropriate to cancel the entire insurance policy.”
May 15, 2017
Archives

nactt2017-banner

NACTT Extends Special Offer for Seattle Conference Registration
May 1st Discounted Pricing Extended Through May 31st

REGISTER NOW

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Where the debtors’ proof of loss to an insurance company significantly exceeds the amounts and list of property included on the debtors’ Chapter 13 petition, it was appropriate to cancel the entire insurance policy.”
dancemoms

In a continuation of the theme above in which cheaters never win . . .

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newrule

Worth Repeating . . .

New Rule Changes

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Finally, the changes are final: EC-1497. A communication from the Chief Justice of the Supreme Court of the United States, transmitting, pursuant to law, the amendments to the Federal Rules of Bankruptcy Procedure (rules begin on page 4) that have been adopted by the Supreme Court of the United States; to the Committee on the Judiciary. Page S2773From Lexology: New Bankruptcy Rules to Take Effect December 1, 2017
uscourt

More Trustee Openings From the U.S. Trustee

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Chapter 13 Standing Trustee Advertisements

  • District of Connecticut – Application Due Date May 31st
farmimg

Family Farmers

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
marshabrown

IN CASE YOU MISSED IT . . .

Withdrawal of Timely Filed Claims…What’s a Trustee to Do?

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“What happens when a creditor files a timely, allowed claim, the Trustee commences disbursement on the claim, but the creditor has a change of heart and subsequently withdraws its claim?!?”
May 8, 2017
Archives
marshabrown

Withdrawal of Timely Filed Claims…What’s a Trustee to Do?

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“What happens when a creditor files a timely, allowed claim, the Trustee commences disbursement on the claim, but the creditor has a change of heart and subsequently withdraws its claim?!?”
newrule

New Rule Changes

(Not password protected)
Finally, the changes are final: EC-1497. A communication from the Chief Justice of the Supreme Court of the United States, transmitting, pursuant to law, the amendments to the Federal Rules of Bankruptcy Procedure (rules begin on page 4) that have been adopted by the Supreme Court of the United States; to the Committee on the Judiciary. Page S2773From Lexology: New Bankruptcy Rules to Take Effect December 1, 2017
emoji

Interesting New Study

(Not password protected)
Surveying the Law of EmojisWhile not specific to bankruptcy, this paper is forward looking regarding an issue we will no doubt see in the future even in bankruptcy cases – emojis of all things!
uscourt

More Trustee Openings From the U.S. Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

  • District of Connecticut – Application Due Date May 31st

Chapter 7 Panel Trustee Advertisements

  • Northern District of Ohio, Eastern Division (Cleveland) – Application Due Date May 19th
  • Southern District of Georgia, Savannah and Statesboro Divisions – Application Due Date May 12th
Robert Thomas

Meet the New Trustee

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By Academy Staff
On October 1, 2016, Robert S. Thomas, II, was appointed as the Chapter 13 and Chapter 12 Standing Trustee for the District of Maryland, Baltimore Division with offices in Townson.
aca

The ACA and Bankruptcy

(Not password protected)
WebinarGraphic

FREE WEBINAR – This Wednesday 11:30 Eastern/10:30 Central/9:30 Mtn/8:30 PacificRegister NOW

Ethical Attorney Practices in Social Media

bsummerplamosThe Academy is pleased to present Professor B. Summer Chandler of Georgia State University College of Law and Attorney Phil Lamos, Chief Legal Counsel to Chapter 13 Trustee Craig Shopneck, in an ethics program on how to navigate social media. They will answer questions such as:

  • Do attorneys/trustees have a duty to investigate the online presence of debtors?
  • How should/must an attorney respond to statements made by clients online?
  • Should attorneys give advice regarding online presence to try to avoid future issues?
  • And more.
May 1, 2017
Archives
leo-spanos

To Participate or Not, That Is the Question – Dealing With Pro-Per Bankruptcy Filers: When Should The Chapter 13 Trustee Participate In An Appeal Even If The Outcome Is A Foregone Conclusion

By Leo G. Spanos, Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee (Oakland Division, CA)
Although the facts of the case (not to mention Spanos’ portrayal of same) are somewhat humorous, Attorney Spanos brings a great reminder that even the most ludicrous case demands professional attention.
ahern_larry

Based on Limited Jurisdiction, the Second Circuit Limits Claims of Tronox Mass Tort Victims to a Trust

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Although a business case, “Its decision is a primer on bankruptcy jurisdiction at the circuit level, . . .”
uscourt

More Trustee Openings From the U.S. Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

  • District of Connecticut – Application Due Date May 31st

Chapter 7 Panel Trustee Advertisements

  • Northern District of Ohio, Eastern Division (Cleveland) – Application Due Date May 19th
  • Southern District of Georgia, Savannah and Statesboro Divisions – Application Due Date May 12th
nclc

From NCLC

(Not password protected)
The National Consumer Law Center invites you to submit a nomination for the 3rd annual NCLC Rising Star Award
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 Tennessee (Nashville)
It is appropriate for the court to extend the scope of the automatic stay to protect wholly owned, nondebtor business entities controlled by the debtor to assist the debtor’s Chapter 13 reorganization by halting the “alter ego” litigation against them.
April 24, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It is appropriate for the court to extend the scope of the automatic stay to protect wholly owned, nondebtor business entities controlled by the debtor to assist the debtor’s Chapter 13 reorganization by halting the “alter ego” litigation against them.
gustafson

Snappy Answers to Questionable Arguments

By John P. Gustafson, Judge, United States Bankruptcy Court, Northern District of Ohio, Western Division of Ohio (Toledo)
“Chapter 13 Staff Attorney or Trustee: Your Honor, the trustee moves to deny confirmation based upon the Debtor’s failing to put all of her disposable income into the Plan.”We are pleased to have a short piece from an Academy favorite author, Judge Gustafson. Additionally, just for fun, take a glimpse at another side of Judge Gustafson:Bankruptcy and Naturalization – Two Uniform National Laws With a Fresh Start
purdy-bill

Loan Modification Struggle Continues After Acceptance

By William J. “Bill” Purdy, III, Law Office of Simmons & Purdy (Soquel, CA)
“For all of you who stressed, strained, fretted, wheedled, worried, fought, kicked, and even gouged to finally wrest a loan modification from the lender/servicer that controls your client’s home loan, I have a message.The fight may not be over.”Although originally written directed to consumers, this piece is a must-read for all attorneys/staff who work with loan modifications. (Used with permission, originally published by BankruptcySoapbox.com 2017)
writingcontest

NACTT Law Student Writing Contest Deadline APRIL 30th

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student with whom you come in contact.
supremecour

Supreme Court Corner

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debt

Student Loan Chronicles

(Not password protected)
uscourt

From the United States Courts

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HollyDavala

From the Archives

Can a Private Employer Make a Hiring Decision Based on an Applicant’s Bankruptcy?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“So the question to ask is, does the phrase ‘discriminate with respect to employment’ include hiring .decisions?”
ahern_larry

IN CASE YOU MISSED IT . . .

Dead Debtors and Other Consequences of Czyzewski v. Jevic Holding Corp. in Consumer Cases

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, Tennessee)
“The Supreme Court has now clarified the boundaries of this shortcut to reorganization . . .”NEW THIS WEEK:Jevic: Law Firm Perspectives (Not password protected)Supreme Court Ruling Draws a Vague Line in Bankruptcy Cases
April 17, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part IV of IV

By M. Jonathan Hayes, Simon Resnik Hayes, LLP (Sherman Oaks, CA)
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”The conclusion of this series begins with Butner v. US and concludes with Stern v. Marshal.Click here for Part IClick here for Part IIClick here for Part III
Diana Daugherty

Meet the New Trustee

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Due to the retirement of Jack LaBarge, the Eastern District of Missouri has a new Trustee. Meet Diana Daugherty.
writingcontest

NACTT Law Student Writing Contest Deadline Approaches

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student with whom you come in contact.
helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 12 Standing Trustee AdvertisementsDue Date: April 21, 2017
Location: District of KansasChapter 7 Panel Trustee AdvertisementsLocation: Eastern District of Tennessee, primarily in the Southern Division at Chattanooga
Due Date: April 30, 2017Location: Northern District of Mississippi, primarily Greenville and Oxford Divisions
Due Date: April 30, 2017

April 10, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part III of IV

By M. Jonathan Hayes, Simon Resnik Hayes, LLP (Sherman Oaks, CA)
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”Part three of this four-part series looks at the next six cases in Attorney Hayes article beginning with Shapiro v. Wilgus.Click here for Part IClick here for Part II
Sabrina McKinney

Meet the New Trustee

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Sabrina McKinney, Middle District of Alabama (Montgomery)

McKinney is not your typical trustee. In half of her life she is in suits complete with hose and heels and in the other half she is in jeans, t-shirts, and cowgirl boots – and not the cute shiny ones – the ones complete with a little manure!
shoppingmall

Retail Woes

(Not password protected)
mortgagewebinar

Academy Webinars

Register now . . .

Reviewing An Escrow Analysis the Second Year of Bankruptcy

This Friday-April 14th beginning at 2:00 Eastern/1:00 Central/12:00 Mtn/11:00 Pacific

And from the archives:

Demystifying Mortgage Escrow

Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff, but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation. Not an Academy member . . . this is only one of the many resources you are missing. JOIN NOW!
helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 12 Standing Trustee AdvertisementsDue Date: April 21, 2017
Location: District of KansasChapter 7 Panel Trustee AdvertisementsLocation: Eastern District of Tennessee, primarily in the Southern Division at Chattanooga
Due Date: April 30, 2017Location: Northern District of Mississippi, primarily Greenville and Oxford Divisions
Due Date: April 30, 2017

From the United States Courts

(Not password protected)
Clerk of Court for the District and Bankruptcy CourtsLocation: Boise, ID
Due Date: April 21, 2017Clerk of CourtLocation: Albuquerque, NM
Due Date: May 1, 2017
irs

Basic Tax Tips for the Sharing Economy

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Vocabulary Phrase of the Week“Sharing Economy” what the heck is that?Although the IRS notice doesn’t say so, the Sharing Economy is Airbnb, Uber, Uber Eats, Lyft, Etsy, and Rentcharlie to name a few.Google defines Sharing Economy as an economic system in which assets or services are shared between private individuals, either free or for a fee, typically by means of the Internet.Now you know.
ahern_larry

IN CASE YOU MISSED IT . . .

The Law of Unintended Consequences

This is the first of what we expect will become a regular series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved.If you have suggestions for future comments, please send them to the author at LAhern@BrownAhern.com.

Dead Debtors and Other Consequences of Czyzewski v. Jevic Holding Corp. in Consumer Cases

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, Tennessee)
“The Supreme Court has now clarified the boundaries of this shortcut to reorganization . . .”See also:No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences
April 3, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part II of IV

By M. Jonathan Hayes

“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”

Part two of this four-part series looks at Dean v. Davis, Chicago Board of Trade v. Johnson, and Cunningham v. Brown.

ahern_larry

The Law of Unintended Consequences

This is the first of what we expect will become a regular series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved.

If you have suggestions for future comments, please send them to the author at LAhern@BrownAhern.com.

Dead Debtors and Other Consequences of Czyzewski v. Jevic Holding Corp. in Consumer Cases

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

“The Supreme Court has now clarified the boundaries of this shortcut to reorganization . . .”

See also:

No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences

helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 12 Standing Trustee AdvertisementsDue Date: April 21, 2017
Location: District of KansasChapter 7 Panel Trustee AdvertisementsLocation: Eastern District of Tennessee, primarily in the Southern Division at Chattanooga
Application Due Date: April 30, 2017Location: Northern District of Mississippi, primarily Greenville and Oxford Divisions
Application Due Date: April 30, 2017
nomoney

IN CASE YOU MISSED IT . . .

‘No Money Down’ Bankruptcy

(Not password protected)

Take a look at this new empirical study by Professors Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne

“This Article exposes the increasingly prevalent phenomenon of debtors paying nothing in attorneys’ fees to file chapter 13.”

March 27, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part I of IV

By M. Jonathan Hayes

“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”

We begin this four-part series by looking at the common themes which naturally effervesced while looking at the cases; along with an examination of Sturges v. Crowninshield and Hanover Nat. Bank v. Moyses.

nomoney

‘No Money Down’ Bankruptcy

(Not password protected)

Take a look at this new empirical study by Professors Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne

“This Article exposes the increasingly prevalent phenomenon of debtors paying nothing in attorneys’ fees to file chapter 13.”

howmuch

From Our Friends at Credit Slips

(Not password protected)

Bankruptcy Fees in the Trump Budget

turtleshell

The Avoidance of Pre-Bankruptcy Transactions

(Not password protected)
A Comparative and Economic Approach
goldmansachs

Goldman Sachs and Fannie Mae

(Not password protected)
helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 7 Panel Trustee AdvertisementsLocation: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017
irs

It’s Tax Time

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Tony

IN CASE YOU MISSED IT . . .

Substitution of Collateral: It Don’t have to be so Difficult!

By Tony Sottile, Esq., Sottile & Barile, LLC (Cincinnati, OH)
“Like many matters we all handle in a bankruptcy context, some we enjoy and some we enjoy… well, a little less. Regardless of the position you have in this area of law – whether you are Debtors’ Counsel, Creditors’ Counsel, a Trustee or a Judge, you likely cringe a little when a Motion to Substitute Collateral comes up.”
March 20, 2017
Archives
Tony

Substitution of Collateral: It Don’t have to be so Difficult!

By Tony Sottile, Esq., Sottile & Barile, LLC (Cincinnati, OH)
“Like many matters we all handle in a bankruptcy context, some we enjoy and some we enjoy… well, a little less. Regardless of the position you have in this area of law – whether you are Debtors’ Counsel, Creditors’ Counsel, a Trustee or a Judge, you likely cringe a little when a Motion to Substitute Collateral comes up.”
Vaughan

How Do You Write a Book?

By Elizabeth Vaughan, Chapter 13 Standing Trustee for the Northern District of Ohio (Toledo)

In a complete departure from The Academy norm, Trustee Beth Vaughan shares with us the answer to a question she is often asked, “How do you write a book?”

See also:

Former Staff Attorney Appointed Standing Chapter 13 Trustee

A Celebrity Among Us

doj

Trustee Appointment

The US Trustee Program has announced that Scott Lieske has been appointed as the new Chapter 13 Standing Trustee in Milwaukee, Wisconsin, effective May 1, 2017. Lieske replaces Mary Grossman who is resigning.

Prior to his appointment as Trustee, Mr. Lieske was the Senior Staff Attorney for Russell A. Brown, Chapter 13 Standing Trustee for the District of Arizona, and served in that position for 14 years. Mr. Lieske has been a member of the State Bar of Arizona since 1995. He received his undergraduate degree from Trinity University and his J.D. from Arizona State University School of Law. Prior to joining the Trustee’s office, Mr. Lieske was in private practice handling consumer bankruptcy cases for Doney and Associates. Mr. Lieske is a Master in the Arizona Bankruptcy American Inn of Court and has served as Chairman of the Arizona State Bar’s Unauthorized Practice of Law Advisory Committee.

Coons, Stabenow, Rubio, Nelson Introduce Bipartisan Bill to Improve Bankruptcy Court System

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bankruptcycourBill would implement recommendations from Judicial Conference
trusteeresume

From the United States Trustee/Administrative Office

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: Northern District of Ohio, Cleveland division
Application Due Date: March 24, 2017Chapter 7 Panel Trustee AdvertisementsLocation: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017
uscourts

From the Courts

(Not password protected)
U.S. Bankruptcy Courts – Judicial Business 2016Nationwide, debtors filed 805,580 bankruptcy petitions in 2016, 6% fewer than in 2015. The lowest total since 2007, which was the first full fiscal year after BAPCPA was enacted in 2005.
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

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

A win for creditors . . .

An above-median income Chapter 13 debtor is not permitted to take a mortgage/rent expense deduction when the debtor’s non-filing spouse is the owner of the property and the debtor has no obligation on a mortgage.

March 13, 2017
Archives
hildebrand

Critical Case Comment

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

A win for creditors . . .

An above-median income Chapter 13 debtor is not permitted to take a mortgage/rent expense deduction when the debtor’s non-filing spouse is the owner of the property and the debtor has no obligation on a mortgage.

cmoran

Bankruptcy: A Disruption in the Force – Part II of II

By Cathleen Cooper Moran, Moran Law Group, Mountain View, CA

In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.

“The intersection of Bankruptcy and Family Law can be liberating or disruptive. . .” Part 2 picks up with a discussion of exemptions, continues into avoidance powers, and concludes with discharge issues.

Click here for Part 1

Koval-Alexander

Hank Wins One at the 6th Circuit Court of Appeals

Attorney Profile

(Not password protected)

Appellee’s counsel in Metro Government v. Hildebrand and Corrine is Nashville, Tennessee, attorney, Alex Koval of Rothschild & Ausbrooks, PLLC.

New this week:

State Law Applicable Solely to Bankruptcy Is Not Non-Bankruptcy Law

trusteeresume

From the United States Trustee/Administrative Office

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: Northern District of Ohio, Cleveland division
Application Due Date: March 24, 2017Chapter 7 Panel Trustee AdvertisementsLocation: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017
irs

It’s Tax Time

(Not password protected)
changeofaddress

Change of Email Address

(Not password protected)
Be sure to inform the Academy if you change your email address.
spokeowebinar

REGISTER NOW

Spokeo and Its Impact on Standing: What’s Next?

(Not password protected)
Join experts Craig Shapiro and Jon Taylor, with moderator, Larry Ahern, as they examine the Spokeo decision, elements of constitutional standing, issues the decision addresses and what it does not address. This Thursday – March 16th at 1:30 Eastern/12:30 Central/11:30 Mtn/ 10:30 Pacific.
Rebecca-Connely

IN CASE YOU MISSED IT . . .

One of our most popular articles . . . ever . . .

A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery

“. . . examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13.”

March 6, 2017
Archives
Rebecca-Connely

A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery
“. . . examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13.”
cmoran

Bankruptcy: A Disruption in the Force – Part I of II

By Cathleen Cooper Moran, Moran Law Group, Mountain View, CA

In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.

“The intersection of Bankruptcy and Family Law can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. There are an almost infinite number of combinations of timing and facts when these two areas of law collide . . .”

uscourts

From the Courts

(Not password protected)
trusteeresume

From the United States Trustee/Administrative Office

(Not password protected)

Bankruptcy Administrator/Western District of North Carolina

Location: Charlotte, North Carolina
Application Due Date: March 10, 2017

Chapter 13 Standing Trustee Advertisements

Location: Northern District of Ohio, Cleveland division
Application Due Date: March 24, 2017Location: Denver, Colorado
Application Due Date: March 10, 2017

Chapter 7 Panel Trustee Advertisements

Location: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017

Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017

Location: Southern District of Texas, primarily in the Brownsville, Corpus Christi, McAllen, Laredo, and Victoria Division
Application Due Date: March 8, 2017

Location: Central District of Illinois, primarily in the Peoria Division
Application Due Date: March 10, 2017

changeofaddress

Change of Email Address

(Not password protected)
Be sure to inform the Academy if you change your email address.
PhilLamos

IN CASE YOU MISSED IT . . .

Service by Mail on an Insured Depository Institution in an Adversary Proceeding

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
“Service by mail is a cheaper and more efficient method of service than personal service or service by publication, but it requires attention to detail.”Attorney Lamos brings Academy members another tangible resource. Whether or not you believe you are properly serving “insured depository institutions,” you need to read this article and circulate it to applicable staff members.
February 27, 2017
Archives
PhilLamos

Service by Mail on an Insured Depository Institution in an Adversary Proceeding

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
“Service by mail is a cheaper and more efficient method of service than personal service or service by publication, but it requires attention to detail.”Attorney Lamos brings Academy members another tangible resource. Whether or not you believe you are properly serving “insured depository institutions,” you need to read this article and circulate it to applicable staff members.
hildebrand

Hank Wins One at the BAP (from May 2016)

And now . . .

Hot off the press: Hank Wins One at the 6th Circuit Court of Appeals

“This bankruptcy case raises questions of statutory interpretation, federal preemption, and equal protection. Mildred Bratt filed a Chapter 13 plan providing for 12% interest on overdue property taxes to which Metro Nashville objected, arguing that Tennessee law specifies 18% interest. The bankruptcy court decided that the state law violated the Supremacy Clause. The State of Tennessee intervened and the parties appealed. The bankruptcy appellate panel (BAP) affirmed use of the 12% interest rate on different grounds, relying instead on interpretation of federal and state statutes and declining to address the constitutional arguments. Likewise, we AFFIRM the bankruptcy court’s approval of a plan using the 12% interest rate based on the language of the statutes at issue.”

helpwanted

From the United States Trustee/Administrative Office

(Not password protected)

Bankruptcy Administrator/Western District of North Carolina

Location: Charlotte, North Carolina
Application Due Date: March 10, 2017

Chapter 13 Standing Trustee Advertisements

Location: Denver, Colorado
Application Due Date: March 10, 2017

Chapter 7 Panel Trustee Advertisements

Location: Southern District of Texas, primarily in the Brownsville, Corpus Christi, McAllen, Laredo, and Victoria Division
Application Due Date: March 8, 2017

Location: Central District of Illinois, primarily in the Peoria Division
Application Due Date: March 10, 2017

debt

Student Loan Chronicles

(Not password protected)
irs

It’s Tax Time . . . Again

(Not password protected)

For Your Clients: Use the “Where’s My Refund?” Tool – Taxpayers can use “Where’s My Refund?” app to check the status. Find it on IRS.gov or the free IRS mobile app IRS2Go.

academywebinar

Academy Webinars

(Not password protected)
  1. Spokeo rescheduled for March 16th – save the date
  2. Words for the Web – Content Creation for Lawyers – March 3rd 2:00 eastern – REGISTER NOW

Not an Academy member . . . webinars are only part of the many resources you are missing. JOIN NOW!

writingcontest

NACTT Law Student Writing Contest

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student you come in contact with.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
JamesDavis

IN CASE YOU MISSED IT . . .

Limits of Bankruptcy Court Authority: A Reminder from the Eleventh Circuit

By James Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)

How often do you hear the word “salacious” in reference to a bankruptcy case? Ohh la la!!! But, alas, the case is actually pretty esoteric.

“The Eleventh Circuit . . . recently offered a reminder of the potential inconvenience of bankruptcy courts’ limited adjudicatory powers. The allegations in the case were salacious—that a law firm hired a bankruptcy judge’s fiancé in a scheme to improperly influence court rulings. But the Eleventh Circuit did not end up expressing any view of these doings because the appeal foundered on procedural grounds.”

February 20, 2017
Archives

presidentsday

Happy Presidents’ Day

JamesDavis

Limits of Bankruptcy Court Authority: A Reminder from the Eleventh Circuit

By James Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)

How often do you hear the word “salacious” in reference to a bankruptcy case? Ohh la la!!! But, alas, the case is actually pretty esoteric.

“The Eleventh Circuit . . . recently offered a reminder of the potential inconvenience of bankruptcy courts’ limited adjudicatory powers. The allegations in the case were salacious—that a law firm hired a bankruptcy judge’s fiancé in a scheme to improperly influence court rulings. But the Eleventh Circuit did not end up expressing any view of these doings because the appeal foundered on procedural grounds.”

From the United States Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

Location: Denver Colorado
Application Due Date: March 10, 2017

Chapter 7 Panel Trustee Advertisements

Location: Southern District of Texas, primarily in the Brownsville, Corpus Christi, McAllen, Laredo, and Victoria Division
Application Due Date: March 8, 2017

Location: Central District of Illinois, primarily in the Peoria Division
Application Due Date: March 10, 2017

harvard

From Harvard Law

(Not password protected)
Bankruptcy and the U.S. Supreme Court
gorsuch

From Our Friends at CreditSlips

(Not password protected)
bignews

The New Plan Form is Out

(Not password protected)
The proposed plan form has been newly revised and can be accessed by clicking here. Committee notes are included.
writingcontest

NACTT Law Student Writing Contest

(Not password protected)

The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.

Please feel free to share this information with any law professor or law student you come in contact with.

gander-mountain

Retail Bankruptcies/Downsizing Rising . . . a very long list

(Not password protected)
PatriciaMayer

IN CASE YOU MISSED IT . . .

No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts

By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP

“The District Court began its analysis of the issue by examining the plain meaning of the terms ‘surrender’ and ‘vest’ in the context of §§ 1325 and 1322.”

See also: Forced Vesting Does Not Satisfy Confirmation Requirements

February 13, 2017
Archives
PatriciaMayer

No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts

By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP
“The District Court began its analysis of the issue by examining the plain meaning of the terms ‘surrender’ and ‘vest’ in the context of §§ 1325 and 1322.”
morgan-king

Nine Factors to Consider in a “Bad Faith” Analysis

By Morgan D. King, Esq., Dublin, CA
“The Mitchell court set forth the following nonexclusive factors to be considered in determining whether to dismiss a chapter 7 case for bad faith under § 707(b)(3)(A) . . .”

Icons of the Bankruptcy World Retire

(Not password protected)

IMG_0340John V. “Jack” LaBarge, Jr., was appointed the Standing Chapter 13 Trustee serving the Eastern District of Missouri in October of 1987. Prior to that, he had been a Chapter 7 Panel Trustee since 1971 – 46 years – WOW. Jack served two terms on the NACTT Board of Directors as an at-large Director. He also served for many years on the Peer Review Committee. Additionally, Jack has mentored multiple new trustees. Jack is a long-time member and supporter of both NACTT and The Academy. He is an institution of service to others and will be leave a gaping hole in these organizations.IMG_0315It is often said that behind every successful man is an equally successful woman. No exception here. Mary LaBarge has served the trusteeship and the consumer bankruptcy community right alongside Jack. She was on the initial Staff Symposia Committee led by Robin Weiner. This Committee developed the concept of nationwide employee training. She developed curriculum and served as facilitator for many years at the beginning of this project and helped set the standard for this valuable training. Even after her retirement from the Staff Symposia Committee she was always willing to step up and fill in any gap when needed.

Mary participated as a panelist multiple times at NACTT annual summer meetings. She developed materials and spoke to upper level trustee staff on such topics as ethics with The Honorable Barry S. Schermer. In addition, Mary served with Alice Whitten and Debbie Langehennig on an NACTT/Academy joint Educational Webinar Training Committee for three years. She participated in the development and/or delivery of at least a half dozen training webinars for which The Academy is eternally grateful.

Hallowell_MarthaNot only are we losing the LaBarges this month, but Martha K. “Marty” Hallowell, Deputy Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice left us at the end of January. When asked what is next, Ms. Hallowell responded, “play and travel.” Marty, you will be tremendously missed – thank you, Marty, for your hard work and for always being so pleasant.

In discussing future plans with each of these icons, the common theme seemed to be to NOT answer to an alarm clock!

We wish you all the best in a happy and fulfilling retirement.

bignews

The New Plan Form is Out

(Not password protected)
The proposed plan form has been newly revised and can be accessed by clicking here. Committee notes are included.
mortgagewebinar

More Academy Webinar Resources

Demystifying Mortgage Escrow

Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff, but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation.Not an Academy member . . . this is only one of the many resources you are missing.JOIN NOW!
writingcontest

NACTT Announces Law Student Writing Contest

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student you come in contact with.
floridabar

From the Florida Bar Association

(Not password protected)

Bankruptcy Attorney Considers Pro Bono Work a Calling

Thank you Samuel Pennington for making bankruptcy attorneys look good!

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)
“Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect.”
February 6, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect.”
bignews

The New Plan Form is Out

(Not password protected)
The proposed plan form has been newly revised and can be accessed by clicking here. Committee notes are included.
selwyn

When Estates Collide, Part Two: A Continuing Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq.
As promised back in January, Attorney Whitehead delivers an update including her observations of oral arguments before the California Supreme Court. The Court’s decision will be an interesting one.
writingcontest

NACTT Announces Law Student Writing Contest

(Not password protected)

The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.

Please feel free to share this information with any law professor or law student you come in contact with.

phonescam

For Your Blog

(Not password protected)

Spread the Word: IRS Phone Scams are a serious threat and on the rise

Please share this with your clients and include on your law firm’s blog or advertising emails.

Real people are being taken advantage of. Since October 2013, over 10,000 victims who have collectively paid over $54 million as a result of phone scams and these are just the reported cases!

uscourts

From the Courts

(Not password protected)
sheriff

There’s a New Sheriff in Town

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“To continue the new year off right, here’s a discussion about a question that I received:

I get a telephone msg (or email or text) from a client with a legitimate legal question. How long do I, ethically, have to respond? A day, a week? What if I never respond?”

January 30, 2017
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“To continue the new year off right, here’s a discussion about a question that I received:I get a telephone msg (or email or text) from a client with a legitimate legal question. How long do I, ethically, have to respond? A day, a week? What if I never respond?”

writingcontest

NACTT Announces Law Student Writing Contest

(Not password protected)

The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student you come in contact with.

Bill-Brown

From the Editor – Dismissal

By The Honorable William Houston Brown (Retired)
Anne-Marie-Bowen

IN CASE YOU MISSED IT . . .

Foreclosure & Bankruptcy Filings Expected to Rise after Recent Florida Supreme Court Decision

By Anne-Marie L. Bowen, Esq. and Alexander H. Bowen
Alex photo 2017“The Florida Supreme Court recently ruled on a monumental case that will allow lenders to refile foreclosure actions that were previously involuntarily dismissed, even though the five-year statute of limitations has run on the prior default.”
January 23, 2017
Archives
Anne-Marie-Bowen

Foreclosure & Bankruptcy Filings Expected to Rise after Recent Florida Supreme Court Decision

By Anne-Marie L. Bowen, Esq. and Alexander H. Bowen
Alex photo 2017“The Florida Supreme Court recently ruled on a monumental case that will allow lenders to refile foreclosure actions that were previously involuntarily dismissed, even though the five-year statute of limitations has run on the prior default.”
Bill-Brown

From the Editor – Appeals

By The Honorable William Houston Brown (Retired)

This week, Judge Brown takes a look at 2 cases pertaining to appellate procedure:

tennessee

Winner Winner Chicken Dinner

(Not password protected)
lawless

IN CASE YOU MISSED IT . . .

From Credit Slips

(Not password protected)
January 16, 2017
Archives
Bill-Brown

From the Editor – Debtor’s Attorney

By The Honorable William Houston Brown (Retired)
lawless

From Credit Slips

(Not password protected)
nclc

From the National Consumer Law Center

(Not password protected)

In a letter dated 1/10/17, Lauren Saunders, Associate Director of the NCLC, strongly urges readers to oppose H.R. 5 the Regulatory Accountability Act of 2017Click here for Saunders’ LetterOn 1/11 the Bill passed the House

.

cfpb

CFPB Takes Action Against Works and Lentz

(Not password protected)
Bureau Orders Medical Debt Collection Law Firms and their President to Refund $577,135 to Consumers
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

The IRS Newsletter entitled Who Will Prepare Your Tax Return is typical with a few exceptions:

For YOU – If you are in search of a tax preparer, two links may be of interest:

For YOUR CLIENTS

  • IRS Free File lets taxpayers who earned less than $64k prepare and e-file a return for free.
  • For those earning less than $54k, VITA offers in person help filing (although a search by the Academy did not yield very many locations – a few examples: Adrian, MI; Houston, TX; York, PA; Long Island City, NY). Enter your zip code to see if there is a location near you.
  • The Newsletter mentions help for those over age 60 through AARP; however, the website was less than helpful – you will need to call the number listed.

For YOU OR YOUR CLIENT – Problems with a tax preparer?

epiq

IN CASE YOU MISSED IT . . .

From Our Friends at Epiq

(not password protected)
A must-read for loan servicers and those who work with loan servicers on a daily basis.
Click here for the 901-paged CFPB Amendments to the 2013 Mortgage Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z)
January 9, 2017
Archives
epiq

From Our Friends at Epiq

(Not password protected)

What Loan Servicers Need to Know Now about the CFPB’s New Rule

A must-read for loan servicers and those who work with loan servicers on a daily basis.

Click here for the 901-paged CFPB Amendments to the 2013 Mortgage Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z)

selwyn

When Estates Collide: A Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq., San Francisco Bay Area Bankruptcy and Tax Attorney
In this piece, Attorney Whitehead delivers an exhaustive look at cases in which the debtor’s income is derived from a spendthrift trust. This issue went before the California Supreme Court 1/4/17.
ncbrc

From Our Friends at the National Consumer Bankruptcy Rights Center

(Not password protected)

Nice Win for Debtors on Means Test Expense Issue

Section 707(b)(2) permits a debtor to take the full National and Local Standard amounts for expenses even though the debtor’s actual expenses are less. Lynch v. Jackson, No. 16-1358 (4th Cir. Jan. 4, 2017).Click here for opinion
cfpb

CFPB Files Amicus Brief with SCOTUS

(Not password protected)

Issue: FDCPA Case on Filing Bankruptcy Proof of Claim on Out of Statute DebtMore on this issue:

debt

Student Loan Chronicles

(Not password protected)
irs

From the IRS

(Not password protected)

What to Know About Health Coverage Information Statements You May Receive in 2017

Many individuals will receive ACA information statements from their employer or insurance coverage provider by early March/2017 about their 2016 health insurance coverage. This article tells you what to do with this form.
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

We start the year off right with an always needed dose of ethics. We know you have a small margins but what do you, as an attorney, HAVE to do for and with your clients and what can you delegate to non-legal staff? As always, Ms. Ps & Qs not only answers our questions but does so in the most entertaining of ways!

Click here for the answer

January 2, 2017
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

We start the year off right with an always needed dose of ethics. We know you have a small margins but what do you, as an attorney, HAVE to do for and with your clients and what can you delegate to non-legal staff? As always, Ms. Ps & Qs not only answers our questions but does so in the most entertaining of ways!

Click here for the answer

selwyn

When Estates Collide: A Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq., San Francisco Bay Area Bankruptcy and Tax Attorney
In this piece, Attorney Whitehead delivers an exhaustive look at cases in which the debtor’s income is derived from a spendthrift trust. This issue goes before the California Supreme Court this week.
webinar

Did You Know . . .

That a benefit of Academy membership is access to ALL recorded and archived Academy webinars?

AND that there is a staff training webinar library as well??

Chapter 13 Debtors Engaged in Business

This 37-minute training is specifically designed for attorneys who represent Trustees. Chapter 13 Trustees Laurie Williams and Krispen Carroll, along with Staff Attorney to Kathleen Leavitt, Daniele Gueck-Townsend, outline procedures for ascertaining what is a business case, as well as, guidelines for maintaining business cases.

JOIN NOW

Click here to join via PayPal
Click here to pay by check

2017 Webinar Topics include:

  • Spokeo and Its Impact on Standing: What’s Next? – January 27th (Save the Date)
  • Words for the Web – Content Creation for Lawyers – March 3rd (Save the Date)
  • Facebook Ethics
  • Attorney Obligations regarding Intake & Client Meetings
  • And more . . .
  • Click here to send your suggestions
irs

From the IRS

(Not password protected)

What to Know About Health Coverage Information Statements You May Receive in 2017

Many individuals will receive ACA information statements from their employer or insurance coverage provider by early March/2017 about their 2016 health insurance coverage. This article tells you what to do with this form.
December 26, 2016
Archives
 hildebrand

Critical Case Comment

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

The classification of student loan obligations in a Chapter 13 case is not necessarily prohibited, and it can assist debtors and implement the goals of the bankruptcy system, and thus can work a “fair” discrimination to pay student loans a distribution greater than other unsecured creditors in the plan.“The Engen case is must reading for trustees to encourage them to examine whether their objections to confirmation further the interests of the Chapter 13 program, the interests of the debtors, the interests of the student loan program, or even the interests of all creditors.”

LBayer

Put Student Loan Debt Back Where It Belongs: In Bankruptcy

This article has been unlocked for all readers – no password required – Merry Christmas!“It was ill advised policy to take bankruptcy law out of the student loan equation. . . We can fix the problem with no need to expand the court system. There will be no need for additional expenditures of public money to administer a student loan fix.”

sanning

Bad Apples In The Barrel

By Matthew T. Sanning, Attorney at Law, Augusta, Kentucky
This article has been unlocked for all readers – no password required – Merry Christmas!
“. . . Many internet lenders write loans that are in violation of the small loan acts, licensing acts, and usury laws of the jurisdictions of the individual debtors. Unless objected to, these lenders can and will participate in distributions to unsecured creditors to the detriment of the other unsecured creditors and possibly the debtors. . .”
uscourts

From the Courts

(Not password protected)

Revised Model Chapter 13 Plan For W.D. Michigan

brandi-kirkland

IN CASE YOU MISSED IT . . .

Women are Leading in Atlanta

By Brandi L. Kirkland, Staff Attorney to Mary Ida Townson, Atlanta, GA
kirkland“Atlanta women head up three of the most prestigious, influential, and respected national organizations in the field of bankruptcy law.”
December 19, 2016
Archives
LBayer

Put Student Loan Debt Back Where It Belongs: In Bankruptcy

“It was ill advised policy to take bankruptcy law out of the student loan equation. . . We can fix the problem with no need to expand the court system. There will be no need for additional expenditures of public money to administer a student loan fix.”
JosephMike

American College of Bankruptcy & Chapter 13 Trustees

By Michael B. Joseph, Chapter 13 Standing Trustee for the District of Delaware
(Not password protected)
burdenAcademy Board of Director Member, Beverly Burden Elected as a Fellow. CONGRATULATIONS BEVERLY!
brandi-kirkland

Women are Leading in Atlanta

By Brandi L. Kirkland, Staff Attorney to Mary Ida Townson, Atlanta, GA
kirkland“Atlanta women head up three of the most prestigious, influential, and respected national organizations in the field of bankruptcy law.”
uscourts

From the Courts

(Not password protected)

2016 Director’s Awards Honor Court Employees

Three of the eight awards went to bankruptcy employees – Congratulations!!
tallman

Tallman to Retire

He has no plans to slow down!
ahern_larry

IN CASE YOU MISSED IT . . .

No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences

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

Although a Chapter 11 issue, this may be of interest to you.

On December 7, the Supreme Court heard arguments in Czyzewski v. Jevic Holding Co. At issue was whether a bankruptcy court may authorize, in a “structured dismissal,” the distribution of settlement proceeds in a manner that violates the statutory priority scheme.

December 12, 2016
Archives
ahern_larry

No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences

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

Although a Chapter 11 issue, this may be of interest to you.

On December 7, the Supreme Court heard arguments in Czyzewski v. Jevic Holding Co. At issue was whether a bankruptcy court may authorize, in a “structured dismissal,” the distribution of settlement proceeds in a manner that violates the statutory priority scheme.

JosephMike

American College of Bankruptcy & Chapter 13 Trustees

By Michael B. Joseph, Chapter 13 Standing Trustee for the District of Delaware
burdenAcademy Board of Director Member, Beverly Burden Selected as a Fellow. CONGRATULATIONS BEVERLY!
Thomas_R

Academy Board Member Receives Award

(Not password protected)

We are pleased to announce that Past President and Academy Board member, M. Regina Thomas, Clerk of Court for the Northern District of Georgia (Atlanta), has been selected as the 2016 Louis C. Brown Award Recipient by the Metro Atlanta Consumer Bankruptcy Attorney Group. The award will be presented by Chapter 13 Trustee Nancy Whaley at the MACBAG Holiday Party on December 13, 2016 at 6 P.M. in the Sky Bar at the Five Seasons Brewery, 1000 Marietta Street, NW, Atlanta, Georgia.

CONGRATULATIONS GINA!

50ctsettlement

Rapper 50 Cent Gets $14.5 Million in Malpractice Settlement

(Not password protected)
. . . and remember, he is in bankruptcy.
transformlearning

Did You Know . . .

That a benefit of Academy membership is access to ALL recorded and archived Academy webinars?

But beyond that, did you know that there is also a STAFF TRAINING LIBRARY?

Topics include:

Join the Academy before the end of the year and receive TWO MONTHS completely free.

Click here to pay by check
Click here to JOIN NOW via PayPal

Fessenden_Pete

Declining Bankruptcy Filings In Maine Reveal Mixed Messages

(Not password protected)
“Historically, when the economy is improving, people tend to file for bankruptcy more rapidly,” said Peter Fessenden, the U.S. Bankruptcy Court’s Standing Chapter 13 Trustee in Maine.
cmoran

IN CASE YOU MISSED IT . . .

Why the Gap Between Judges & Attorneys Over Fees?

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA
“Very few bankruptcy judges ever represented average individuals in bankruptcy before they became judges. Fewer still were sole practitioners who must rely on the fees they earn and collect to stay in business.”
December 5, 2016
Archives
sanning

Bad Apples In The Barrel

By Matthew T. Sanning, Attorney at Law, Augusta, Kentucky
“. . . Many internet lenders write loans that are in violation of the small loan acts, licensing acts, and usury laws of the jurisdictions of the individual debtors. Unless objected to, these lenders can and will participate in distributions to unsecured creditors to the detriment of the other unsecured creditors and possibly the debtors. . .”
cmoran

Why the Gap Between Judges & Attorneys Over Fees?

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA
“Very few bankruptcy judges ever represented average individuals in bankruptcy before they became judges. Fewer still were sole practitioners who must rely on the fees they earn and collect to stay in business.”
filingbankrupt

Who Is Filing For Bankruptcy? Take A Look

(Not password protected)

“The Courier-Journal randomly selected a dozen personal bankruptcy filings during the last year in Louisville and Southern Indiana.”

Additional info: Done In By Debt: Bankruptcy Plagues Kentuckiana

nclc

From the NCLC

(Not password protected)

PACE Energy Efficiency Mortgages Still Risky Despite New Department of Energy Guidelines

Stronger, Enforceable Protections Needed to Stop Predatory Loans

helpwanted

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016
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)

“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”

November 28, 2016
Archives
hildebrand

Critical Case Comment

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

“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”

PhilLamos

Judge Suspends Rule Expanding Overtime for Millions of Worker

States effected by lawsuit: Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, Texas, Utah and Wisconsin, and the governors of Iowa, Maine and New Mexico.

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)

This is a must-read article . . .

“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.”

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

helpfultips

Webinar Now Available – No Password Required

(Not password protected)

Tips on Production of Documents to the Trustee

Join UST Document Production Committee Members Edward Boltz, Dwayne Murray, Richard Nelson, and Mary Ida Townson, for a one-hour presentation on what documents Trustees (both 7 and 13) typically request prior to each 341 Meetings of Creditors. Additionally, hear directly from Doreen Solomon, Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice.

This webinar is directed to trustees, attorneys who represent trustees, and attorneys who represent debtors, although attorneys who represent creditors may also be interested.

helpwanted

From the UST

(Not password protected)
Chapter 13 Standing Trustee Opening
Location: Eastern District of Wisconsin, Milwaukee
Application Due Date: December 2, 2016Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016
NARCA

NARCA – The National Creditors Bar Association (NARCA) is a Trade Association Dedicated to Serving Law Firms Engaged in the Practice of Creditors Rights Law

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
procmanual

Administrative Procedures Manual Revised and Reorganized

(Not password protected)
As of November 17th, APM for the Eastern District of Kentucky is revamped.
November 21, 2016
Archives

thanks16
siomos

A Lost Cure

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)

“ . . . the Fourth and Ninth Circuit Courts of Appeals have thrown out that past understanding with the effect of increasing the cost of ‘cure’ or preventing it entirely.”

More from this author (all password protected):

PhilLamos

Based on the response to this article, apparently, many law and trustee offices don’t know about this new law. If you have employees earning under $47k per year, you need to read this article. If you are responsible for looking at debtor overtime pay, you need to read this article.

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)

Attention Everyone, including, Office Managers – this is HUGE – if you haven’t already heard about this, you MUST read this one.

“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

HollyDavala

Can a Private Employer Make a Hiring Decision Based on an Applicant’s Bankruptcy?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“So the question to ask is, does the phrase ‘discriminate with respect to employment’ include hiring .decisions?”
4thdistrict

From the Fourth Circuit

(Not password protected)
helpwanted

From the UST

(Not password protected)
Chapter 13 Standing Trustee Opening
Location: Eastern District of Wisconsin, Milwaukee
Application Due Date: December 2, 2106Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

(Not password protected)
Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016
creditslips

From Our Friends at Credit Clips

(Not password protected)
Creative Avoidance of Potential FDCPA Liability
(This one is for our creditor-side readers)
November 14, 2016
Archives
PhilLamos

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)

Attention Everyone, including, Office Managers – this is HUGE – if you haven’t already heard about this, you MUST read this one.“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”
cmoran

Last Call For Loan Modifications Under HAMP

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA
“HAMP, the government program incentivizing home loan modifications, ends in 2016.” Are your clients ready?
uscourts

From the United States Courts

(Not password protected)
A Lifetime of Service
I came across a really cool page on the website of the US Courts. In honor of Veteran’s Day (which was Friday), take a look at these wonderful stories of Federal District judges who were WWII veterans.
irs

From the IRS

(Not password protected)

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016

surrender

IN CASE YOU MISSED IT . . .

“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

By Academy Staff
“The problem is, while Congress used the word “surrender” in multiple places, no place does Congress actually define “surrender” . . .”
November 7, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Repeated failure of a mortgage servicer to comply with the disclosure requirements of Rule 3002.1 justifies the imposition of significant sanctions against the servicer.”
surrender

“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

By Academy Staff
“The problem is, while Congress used the word “surrender” in multiple places, no place does Congress actually define “surrender” . . .”
ninthcircuit

Ninth Circuit Decision

(Not password protected)
irs

From the IRS

(Not password protected)
  • New Law Sets Jan. 31 W-2 Filing Deadline; Taxpayers Should Keep Copy of Return
    • Employers normally had until the end of February, if filing on paper, or the end of March, if filing electronically, to send in copies of these forms; but are now DUE January 31st.
    • Taxpayers should keep a copy of their tax return. Beginning in 2017, taxpayers may need their Adjusted Gross Income amount from a prior tax return to verify their identity.

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016

cmoran

IN CASE YOU MISSED IT . . .

Foreclosure Looms But The Bank’s Numbers Don’t Add Up

By Cathy Moran, Moran Law Group, Mountain View, CA
“The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their papers don’t add up.”