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October 20, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re ASARCO. Fees incurred by a law firm representing a debtor, incurred in connection with defending a fee award, are not compensable as an administrative expense from the debtor’s bankruptcy estate.  Click here to see what a $7 billion fraudulent transfer judgment in a Chapter 11 case means to you as a consumer practitioner.
gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 4 of 18

Developed by John Gustafson Prior to Judicial Appointment

Continuing the series which brings you, section by section, a bankruptcy primer developed for attorneys who represent Chapter 13 trustees. Although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment or those who are only exposed to bankruptcy on a limited basis.The title of Part 4 – Basics of Lien Stripping in Bankruptcy – is self-explanatory. Along with the elucidation, a list of lien stripping cases is included.

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
blownoseFor October, Ms. Ps & Qs shares her top ten list of pet peeves. See how her list compares to yours. We’d luv to hear from u! Tell us your peeves. Perhaps adding nose blowing in public to #8 would complete your list.
writingcontest

Attention Professors, Adjuncts and Students – THERE IS STILL TIME BUT THE DEADLINE IS APPROACHING . . . OCTOBER 31st

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to any law student. If you aren’t a professor or adjunct but know a law student or professor, please feel free to forward the information.
wbrown

From the Editor – Classification and Cure of Defaults

By The Honorable William Houston Brown (Retired)

Back from his travels to NCBJ in Chicago and refocused, Judge Brown looks at 3 cases, 1 on classification and 2 on cure of defaults:

cfpb

News From the CFPB

(Not password protected)
In a report released 10/16, the CFPB recommends changes to the Bankruptcy Code. The Executive Summary states: “Policymakers . . . may wish to consider the impact of certain public policies . . . when evaluating steps to improve options for borrowers in distress, including whether changes to the treatment of private student loans in bankruptcy proceedings are reducing incentives for lenders and servicers to help borrowers avoid default.”Beginning on page 28 of the report, the CFPB spells out its recommendations.Click here for the full report.See also:

In other CFPB matters:

kornreich

Bankruptcy Judge Sought

Louis H. Kornreich has announced that he will be retiring next year, leaving a vacant seat on the bench. The selection will be made by the appellate court in Boston. Applications must be postmarked by Nov. 14.
stair

Stair Retires

October 13, 2014
Archives
sarahsmith

Sticks and Stones May Break My Bones But Words Will Never Hurt Me . . . Or Do They?

By Sarah E. Smith, Esq., Senior Staff Attorney to Kathleen A. Leavitt, Chapter 13 Trustee Las Vegas, NV
“Are the words we use to describe the individuals who have chosen to file bankruptcy harmful to our industry? Think about it . . . in a moment of frustration or superficial wit, have you ever thought to yourself “this is why they are debtors!” or even uttered under your breath “Debtors are so stupid!”? . . . ”
gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 3 of 18

Developed by John Gustafson Prior to Judicial Appointment
Continuing the series, which brings you, section by section, a bankruptcy primer developed for attorneys who represent Chapter 13 trustees. Not a staff attorney? WAIT, although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment. Or those who are only exposed to bankruptcy on a limited basis.Part 3, titled Time Limits For Chapter 13 And Chapter 7 Debtors Receiving A Discharge, includes § 1328(f), § 727(a)(9), § 727(a)(8), § 707(b), § 362(c)(3) and more.
wbrown

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)
Although Judge Brown was attending the annual NCBJ conference, he penned two case synopsis regarding property of the estate and exemptions:

sdart

Welcome New Academy Member

It’s a small world. Although Samuel J. Dart will be working for Chapter 13 Trustee David Howe, prior to his employment, he found and joined the Academy via word of mouth. Click here to read Sam’s story. Sam, Welcome to the Academy!
writingcontest

Attention Professors, Adjuncts and Students – DEADLINE OCTOBER 31st

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
conversion
Hottest Item from Last Week

The Case is Converted. Now What?

By Jeremy Gugino, Chapter 7 Trustee, Boise, ID
Chapter 7 Trustee Gugino provides the Academy with a detailed look at cases converted to Chapter 7. As a future resource, this document will be housed in The Toolbox.Although a great reference tool, the article does not address the issue of whether the debtor or creditors receive money held by the Chapter 13 trustee at post-confirmation conversion since this is an issue not directly involving the Chapter 7 trustee. However, click below to see what two circuits, split on the issue, have held.

October 6, 2014
Archives
conversion

The Case is Converted. Now What?

By Jeremy Gugino, Chapter 7 Trustee, Boise, ID

Chapter 7 Trustee Gugino provides the Academy with a detailed look at cases converted to Chapter 7. As a future resource, this document will be housed in The Toolbox.

Although a great reference tool, the article does not address the issue of whether the debtor or creditors receive money held by the Chapter 13 trustee at post-confirmation conversion since this is an issue not directly involving the Chapter 7 trustee. However, click below to see what two circuits, split on the issue, have held.

gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 2 of 18

Developed by John Gustafson Prior to Judicial Appointment

Beginning last week and continuing for the next 17 weeks, the Academy will bring you, section by section, a bankruptcy primer developed for attorneys who represent Chapter 13 trustees. Not a staff attorney? WAIT, although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment. Or those who are only exposed to bankruptcy on a limited basis.

Part 2, titled Bankruptcy Law and Rules, includes jurisdiction, venue, an overview and structure of the Code and Rules, adversary proceedings, discovery, preferences, fraudulent transfers, strong-arm powers, discharge and dischargeability.

writingcontest

Attention Professors, Adjuncts and Students – DEADLINE OCTOBER 31st

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
September 29, 2014
Archives
gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 1 of 18

Developed by John Gustafson prior to Judicial Appointment

For the next 18 weeks (yep, 18) the Academy will bring you, section by section, a bankruptcy primer developed for attorneys who represent Chapter 13 trustees. Not a staff attorney? WAIT, although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment. Or those who are only exposed to bankruptcy on a limited basis.Thank you, now Judge Gustafson, for sharing another invaluable resource.
jnorman

FROM THE COURTS

 

 

statistics

STATISTICS (Not password protected)

Amount of Bankruptcy Cases Goes Down, While Filing Fees Rise

  • Click here for the 2014 Bankruptcy Filings Through June 30th
caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected)
writingcontest

Attention Professors, Adjuncts and Students – DEADLINE OCTOBER 31st

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
glitches

Hottest Item from Last Week

Glitches, Complaints Plague Ocwen, Other Mortgage Servicers

This article describes continued procedural problems – i.e. homeowner’s escrowed insurance premiums not forwarded to insurance company. (Not password protected)LET US HEAR FROM YOU: If you’ve noticed that your clients are continuing to experience this type of problem, we want to hear from you; specifically if you are seeing a pattern from a particular servicer. Click here to share your current experiences. If you prefer, your comments will remain anonymous.
September 22, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Stewart: When a below-median income debtor establishes good cause permitting the extension of a Chapter 13 plan beyond 36 months, the debtor must commit all projected disposable income to the plan for the entire term of the plan.
americanflag

Judicial Conference Receives Budget Update, Forwards Rules Package to Supreme Court

(Not password protected)
Click here for the Proposed Rules
Click here for the Proposed Plan Form
Click here to order the 90 minute discussion presented during the NACTT 2014 Annual Seminar
glitches

Glitches, Complaints Plague Ocwen, Other Mortgage Servicers

This article describes continued procedural problems – i.e. homeowner’s escrowed insurance premiums not forwarded to insurance company. (Not password protected)
LET US HEAR FROM YOU: If you’ve noticed that your clients are continuing to experience this type of problem, we want to hear from you; specifically if you are seeing a pattern from a particular servicer. Click here to share your current experiences. If you prefer, your comments will remain anonymous.
Guy Cole

Former Bankruptcy Judge R. Guy Cole Now Chief Judge of Sixth Circuit

Just for Fun: Judge Cole is involved with a foundation called Just The Beginning. As part of the foundation’s website, there are some really interesting documents:

writingcontest

Attention Professors and Adjuncts

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
wbrown

Hottest Item from Last Week

Questioning Brunner’s Validity

By William H. Brown, Adviser, Academy for Consumer Bankruptcy Education
Judge Brown takes a hard look at Brunner – then and now.
September 15, 2014
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“Let’s spend this month talking about planning . . . the times, they are a’changing . . .”Have a question for Ms. Ps & Qs? Click here to submit your question – you may remain anonymous.
wbrown

Questioning Brunner’s Validity

By William H. Brown, Adviser, Academy for Consumer Bankruptcy Education
Judge Brown takes a hard look at Brunner – then and now.
writingcontest

Attention Professors and Adjuncts

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
Ken Siomos Photo

Hottest Item from Last Week

Can Negative Projected Disposable Income Offset Positive Projected Disposable Income?

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL
. . . “But still outstanding is the question of what § 1325(b) requires a debtor to pay to general unsecured creditors when, due to a Hamilton v. Lanning change, their applicable commitment period features months of negative projected disposable income followed by months of positive projected disposable income. . . .”
September 8, 2014
Archives
wbrown

Some Questions After Clark v. Rameker

By William H. Brown, Adviser, Academy for Consumer Bankruptcy Education
Judge Brown looks at the effect of Clark on state law exemptions, state law restrictions on exemptions of retirement funds, transfers to spouses under divorce decree or QDRO, and much much more.
Ken Siomos Photo

Can Negative Projected Disposable Income Offset Positive Projected Disposable Income?

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL
. . . “But still outstanding is the question of what § 1325(b) requires a debtor to pay to general unsecured creditors when, due to a Hamilton v. Lanning change, their applicable commitment period features months of negative projected disposable income followed by months of positive projected disposable income. . . .”
wbrown

From the Editor – Two Specific Issues

By The Honorable William Houston Brown (Retired)

This week Judge Brown is thinking about two issues:

writingcontest

Attention Professors and Adjuncts

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
morris

Thirteen Rules to Win the Heart and Mind of a Chapter 13 Trustee

By Helen M. Morris, Chapter 13 Trustee for the Northern and Southern Districts of West Virginia
As a gift to our non-member readers, Trustee Morris adds a unique resource to the Debtor Attorney category of The Toolbox. This article is not password protected and we encourage everyone to take a look. If you find yourself continually at odds with the trustee’s office, memorize these Thirteen Rules. If you find that more often than not your cases get dismissed, memorize these Thirteen Rules.
September 1, 2014
Archives

happylaborday

In order for the Academy staff to have a much needed break from their labors, the Labor Day Update consists of  a random sampling of the ‘Greatest Hits’ found at ConsiderChapter13.org.

morris

Thirteen Rules to Win the Heart and Mind of a Chapter 13 Trustee

By Helen M. Morris, Chapter 13 Trustee for the Northern and Southern Districts of West Virginia
As a gift to our non-member readers, Trustee Morris adds a unique resource to the Debtor Attorney category of The Toolbox. This article is not password protected and we encourage everyone to take a look. If you find yourself continually at odds with the trustee’s office, memorize these Thirteen Rules. If you find that more often than not your cases get dismissed, memorize these Thirteen Rules.
sensenich

May Trustees Who Happen To Be Lawyers Communicate Directly With Debtors?

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont
From the March 31st update . . . From time to time the question arises as to whether a bankruptcy trustee, who happens to also be a lawyer, is ethically prohibited from directly communicating with debtors regarding issues in their bankruptcy. Trustee Sensenich adds this ‘go-to’ answer to the Academy’s Toolbox.
dougjacobs

Discharge of Debt Does Not, Necessarily, Remove Secured Lien

By Douglas B. Jacobs, Jacobs, Anderson, Potter & Chaplin, LLP (Chico, CA)
From April 20, 2014 . . . In February, the Academy re-published (with permission) Attorney Jacobs’ Bankruptcy Law Network article The Debt and the Lien: Two Completely Different Problems as a client hand-out. The article was so popular, we asked Mr. Jacobs to re-write, as a piece for the Academy’s Toolbox. Discharge of Debt Does Not, Necessarily, Remove Secured Lien is now a permanent resource under Definitions in The Toolbox.
phillamos

When Silence Does Not Equal Consent: Implied Consent, Espinosa, and the Chapter 13 Trustee

By Phil Lamos, Attorney Representing Chapter 13 Trustee Craig Shopneck, Cleveland, OH
From January of this year . . . Attorney Lamos adds another excellent ‘definition’ piece to the Academy’s growing Toolbox. “Section 1325(a)(5)(A) of the Bankruptcy Code states that a plan shall be confirmed if, among many other conditions, the secured creditors have “accepted” the plan. But how does a secured creditor “accept” a plan?”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Nashville, TN
Lee v. Walro:  “To determine what portion of a tax refund, payable jointly to a debtor and a debtor’s non-filing spouse, is property of a Chapter 7 estate, the Court must apply the ‘separate filings rule’ and analyze what each taxpayer would have received had they filed separate tax returns.” Click here for more . . .
writingcontest

Did You Know . . .

. . . that as an Academy member, you have complete access to ALL of the archived webinars? Place your cursor over the word “Webinars” in the gray menu bar at the top of the page. There are two options: Academy Webinars and Staff Training Webinars.

  • Academy Webinars are all webinars produced by the Academy. These webinars are appropriate for attorneys, trustees, judges, academics, and in most instances para professionals.
  • Staff Training Webinars are produced in partnership between the NACTT and the Academy. These trainings are directed toward staff of trustee’s office; however, most are appropriate for both debtor and creditor support staff.

If you have questions regarding the webinar library as a whole or on specific offerings, do not hesitate to ask. Utilize the “Contact Us” feature in the blue menu bar at the top of the page.

Enjoy!

writingcontest

Attention Professors and Adjuncts

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected)
August 25, 2014
Archives
davala

Watch Your Language

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“This case was initiated as a class action suit in district court not bankruptcy court. However, debtors’ counsel could still potentially use this case involving correspondence sent to their clients.” Click here for more on this FDCPA case.
sutton

An Inherited IRA is Not a ‘Retirement Fund?’ Not a Problem, ‘Trust’ Me

By Kristi R. Sutton, J.D. Candidate, Class of 2015, Penn State The Dickinson School of Law
Where bankruptcy, estate planning and probate meet . . . “In this article, I hope to familiarize bankruptcy practitioners with an option likely to become common advice for those clients who have substantial retirement funds.”For more on Clark, click here.
wbrown

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)
judgewhite

Judge Harold F. White Remembered

(Not password protected.)
Judge White, 94, died Tuesday, August 5, 2014. Click here for obituary . . .
businesscase

Next Installment to Staff Training Webinar Library Now Available

The most recent addition to the Staff Training Webinar Library sponsored in partnership between the NACTT and the Academy is now available by clicking here. Chapter 13 Debtors Engaged in Business is directed toward attorneys who represent trustees but will benefit any employee whose tasks included the identification or administration of cases involving debtors who operate their own businesses.
writingcontest

Attention Professors and Adjuncts

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
August 18, 2014
Archives
hayes

Supreme Court Accepts Cert in Wellness Int’l Net-Work, Ltd v. Sharif

By M. Jonathan Hayes, Certified Bankruptcy Specialist (Northridge, CA)

The Wellness case will likely be known, at least informally, as Bellingham II as it deals with the issue of consent of parties where the Bankruptcy Court has no proper authority to issue a final judgment. Oral argument will likely be in December this year. Click here for more . . .

See also:

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

HEY!* You really need to read this article. ‘Exceptional’ is the best word to describe both the article and the opinion referenced.

“How many times have you wanted to reach across the table at a deposition and strangle the opposing counsel? You know that you can’t, in part because strangulation violates the ethics rule that says you can’t commit criminal acts, and in part because there’s no good way to bill your client for the time you’ll spend dealing with the criminal justice system.”

*See Endnote #9

For more on this case see:

wbrown

From the Editor – Avoidance

By The Honorable William Houston Brown (Retired)

On the mind of Judge Brown this week are two cases regarding avoidance:

hildebrand

Critical Case Comment Follow-Up

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

It appears that Crawford v. LVNV Funding has created quite a buzz. Click here and scroll to the bottom of the article for an interchange of interesting comments. (You will want to read from the last comment on the page, then UP.)

Description for original Critical Case Comment first published 8/4/14: “Filing of a proof of claim in a Chapter 13 case to collect a debt that is stale under the state’s statute of limitations violates the Fair Debt Collection Practices Act and subjects the claimant to sanctions.”

businesscase

Next Installment to Staff Training Webinar Library Now Available

The most recent addition to the Staff Training Webinar Library sponsored in partnership between the NACTT and the Academy is now available by clicking here. Chapter 13 Debtors Engaged in Business is directed toward attorneys who represent trustees but will benefit any employee whose tasks included the identification or administration of cases involving debtors who operate their own businesses.
writingcontest

Attention Professors and Adjuncts

The Academy is pleased to announce its first ever Law Student Writing Contest. Please take a look at the information and pass it along to your students. Deadline for submission is October 31st so time is of the essence. If you aren’t a professor or adjunct yourself but know a law student or professor, please feel free to forward the information.
August 11, 2014
Archives
lbayer

Argentina is Not Dancing With the Stars, and Other Tales of Insolvency

A favorite Academy author brings readers a light-hearted explanation of the continued financial woes of Argentina. This feature is NOT password protected.”That’s because Argentina has defaulted on her debts, again. According to The Economist, this marks the eighth time Argentina has tried to dance her way out of debt.”

fba

More from the Western Michigan 26th Annual FBA Bankruptcy Section Seminar

KristenKrolThe Academy welcomes new member Kristen Krol. Kristen won an Adonit Jot Pro Stylus referred to in Take Note: Tools For Annotating PDF Seminar Materials.Kristen is the owner of Debt Relief Legal Clinic, PLLC in Lansing, MI. Since 2010 she has exclusively practiced bankruptcy law in Michigan. In addition to bankruptcy law, Kristen has experience in civil litigation, real estate, divorce, criminal defense, and child protection. Her current practice includes the passionate representation of individual debtors in bankruptcy along with handling collection defense and FDCPA claims. She is an active Financial Peace University counselor and loves reading, sewing and photography.
businesscase

Next Installment to Staff Training Webinar Library Now Available

The most recent addition to the Staff Training Webinar Library sponsored in partnership between the NACTT and the Academy is now available by clicking here. Chapter 13 Debtors Engaged in Business is directed toward attorneys who represent trustees but will benefit any employee whose tasks included the identification or administration of cases involving debtors who operate their own businesses.
irs

From the IRS

(Not password protected)
hildebrand

Hottest Item from Last Week

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Crawford v. LVNV Funding – Filing of a proof of claim in a Chapter 13 case to collect a debt that is stale under the state’s statute of limitations violates the Fair Debt Collection Practices Act and subjects the claimant to sanctions.
August 4, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Crawford v. LVNV Funding – Filing of a proof of claim in a Chapter 13 case to collect a debt that is stale under the state’s statute of limitations violates the Fair Debt Collection Practices Act and subjects the claimant to sanctions.
fba

Shout Out to the Attendees of the Western Michigan FBA 26th Annual Bankruptcy Section Seminar -Boyne Highlands Resort

Congratulations to drawing winners:  Robert Pleznac, Kelly Fletcher, and Kristen Krol

cfpb

News from the CFPB

(Not password protected)
irs

From the IRS

(Not password protected)
Next IRS Nationwide Tax Forum Is Set for National Harbor – Click here for more info . . .
stjohn

Hottest Item from Last Week

Fifth Circuit Finds Legal Basis To Void Allowed Exemption

By Johnie Patterson, Walker & Patterson, P.C., Houston, TX
“The Bankruptcy Court held that because Frost did not reinvest the $23,000.00 in proceeds which were spent on medical bills and a vehicle, he had re-characterized the proceeds as nonexempt property – required to be paid into Frost’s Chapter 13 plan. The Fifth Circuit affirmed this holding.”
July 28, 2014
Archives
winners

NACTT CHICAGO . . . “Best conference ever” . . .

. . . are the types of outstanding feedback we are hearing on the NACTT annual conference. Comments like, ‘excellent panels’, ‘top notch speakers.’ If you missed the conference, recordings are now available, including single sessions.

CONGRATULATIONS TO ALL!!! – Winners Include

Sarah Smith (iPad); Andrew Jimenez (iPad mini) Pictured here.

VISA Gift Cards: Laila Gonzalez, Kathleen Mills, and Michael Frank

Academy Winners: Susan Luong (conference DVDs); Andraya Mimms (Adonit Jot Pro Stylus)

Mark your calendar now for next year’s conference – July 2-4, 2015 – Salt Lake City – Be there!

(Note to Chicago Attendees: The Educational Materials Website will be available until July 31st. Please let us know if you need assistance.)

stjohn

Fifth Circuit Finds Legal Basis To Void Allowed Exemption

By Johnie Patterson, Walker & Patterson, P.C., Houston, TX
“The Bankruptcy Court held that because Frost did not reinvest the $23,000.00 in proceeds which were spent on medical bills and a vehicle, he had re-characterized the proceeds as nonexempt property – required to be paid into Frost’s Chapter 13 plan. The Fifth Circuit affirmed this holding.”
stjohn

Bankruptcy CLE Delivered to YOU! 

(Not password protected)

Earn up to 28 CLE credits, including 2 ethics hours
For the first time ever, you can attend a course in the prestigious St. John’s Bankruptcy LL.M. program from your desk or home, and receive CLE credit. Click here for more information . . .
cfpb

News from the CFPB

(Not password protected)

rhodes

Just For Fun

(Not password protected)
Detroit Bankruptcy Judge Steven Rhodes’ Rock Band The Indubitable Equivalents Prepares For Vermont Gig
rapoport

Hottest Item from Last Week

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“Dear Readers: This month, let’s talk about fees.” Another great offering from Ms. Ps & Qs.Don’t forget, if you have a question for Ms. Ps & Qs, send it to us by utilizing the Contact Us feature in the toolbar above.
July 21, 2014
Archives

shout

NACTT CHICAGO . . . WOW

Program Chair, Mary Ida Townson, along with
the Academy, did a tremendous job with this year’s agenda.
1,075 of the brightest and the best from the
consumer bankruptcy community converged on the Windy City.
A great time was had by all and just may have accidentally learned something!

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“Dear Readers: This month, let’s talk about fees.” Another great offering from Ms. Ps & Qs.

Don’t forget, if you have a question for Ms. Ps & Qs, send it to us by utilizing the Contact Us feature in the toolbar above.

hildebrand

In case you missed it . . . Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
“Undistributed funds held by a Chapter 13 trustee at the time a debtor converts to a Chapter 7 should thereafter be distributed to creditors in accordance with the plan in place at the time the funds were received.”
waldron

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 1 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio

Judge Waldron is back with another must read . . . “This article acknowledges that parties in family law proceedings terminating a marriage do consider debt in their universe of concerns.”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 2 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio
This week, the conclusion to Judge Waldron’s look at marital dissolution intertwined with bankruptcy.
nscott

A Dual Perspective Look at Student Loans

Misconceptions & Muddied Waters: Are Student Loan Discharge Standards Any Clearer? – Good Enough To Rerun

By Natalie Scott, The Scott Law Group
Ms. Scott looks at 2 recent Ninth Circuit decisions. “Both decisions allowed debtors to discharge student loan debt.”

 

Student Loan Victims – “Let ‘em Eat Cake”

rparker

By Richard J. Parker, Parker, Butte & Lane, P.C., Portland, Oregon
“While there have been many recent articles in multiple bankruptcy publications, . . . , this is not such an endeavor. Rather, this will examine how we got here and some of the political and economic issues related to what has rightly been called the student loan crisis.”

See also:

July 14, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
“Undistributed funds held by a Chapter 13 trustee at the time a debtor converts to a Chapter 7 should thereafter be distributed to creditors in accordance with the plan in place at the time the funds were received.”
waldron

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 2 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio
This week, the conclusion to Judge Waldron’s look at marital dissolution intertwined with bankruptcy.
burden

Take Note: Tools For Annotating PDF Seminar Materials

By Beverly M. Burden, Chapter 13 Trustee for the Eastern District of Kentucky
In perfect timing for this week’s NACTT annual conference in Chicago, Trustee Burden brings us a practical tool we can all benefit from. A ‘how to’ on taking notes with smart devices.
kbaker

California’s Ken Baker Passes Away

(Not password protected)
Chico, California’s Ken Baker succumbed to kidney failure – Memorial Service July 11th
cfpb

News from the CFPB

(Not password protected)
July 7, 2014
Archives
sutton

Separate Classification of Student Loans – Fair or Foul?

By Kristi R. Sutton, J.D. Candidate, Class of 2015, Penn State – The Dickinson School of Law

“This kind of multi-factored test is quite common and rarely results in consistency; these tests are incredibly subjective and vague. This is the problem with the Code’s drafting.”See also articles on student loans in the news:

wbrown

From the Editor – Discharge and Dischargeability

By The Honorable William Houston Brown (Retired)

Discharge and Dischargeability is Judge Brown’s topic this week:

foyle

The Hottest Item from Last Week

11th Circuit Holds Debtor, Ineligible For Discharge, Can Strip Junior Liens On Property Worth Less Than Senior Lien

By Larry Foyle, Kass Shuler, P.A., Tampa, Florida
Wells Fargo Bank, N.A. v. Scantling . . . Court answered the Chapter 20 lien strip question that had previously vexed the lower courts, and had created division and district splits. . .”
June 30, 2014
Archives
foyle

11th Circuit Holds Debtor, Ineligible For Discharge, Can Strip Junior Liens On Property Worth Less Than Senior Lien

By Larry Foyle, Kass Shuler, P.A., Tampa, Florida
Wells Fargo Bank, N.A. v. Scantling . . . Court answered the Chapter 20 lien strip question that had previously vexed the lower courts, and had created division and district splits. . .”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
Where debtors have made all payments to the trustee as required by their plan but failed to maintain “conduit” payments to the mortgage creditor, the debtors did not make all payments under their plan and their case should be dismissed.
irs

From the IRS – Voluntary Program To Focus On Continuing Education For Unenrolled Preparers

“This voluntary program will be a step to help protect taxpayers during the 2015 filing season,” said IRS Commissioner John Koskinen.
gardner

The Hottest Item from Last Week

Forgive Us Our Debts as We Forgive Our Debtors: Bankruptcy and the Bible

By O. Max Gardner, Esq., Shelbyville, North Carolina
. . . “having lost its value, money may no longer be the root of all evil; credit having taken its place.”
June 23, 2014
Archives
wbrown

Inherited IRA Not Exempt

By William H. Brown, Editor/Adviser to Academy for Consumer Bankruptcy Education
Another SCOTUS decision . . . “The Supreme Court focused on the meaning of ‘retirement funds;’ therefore, the reach of the Clark opinion to state exemptions that use that term is open to question.”
gardner

Forgive Us Our Debts as We Forgive Our Debtors: Bankruptcy and the Bible

By O. Max Gardner, Esq., Shelbyville, North Carolina
. . . “having lost its value, money may no longer be the root of all evil; credit having taken its place.”
wbrown

From the Editor – Discrimination

By The Honorable William Houston Brown (Retired)

Discrimination is Judge Brown’s topic this week:

caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected.)
briefbank

New Addition to the Brief Bank

Are proceeds of post-confirmation stay violations property of estate? Brief of Appellee – Crouser v. BAC Home Loans – Court affirmed in an unpublished opinion.
rapoport

The Hottest Item from Last Week

Ask Ms. Ps & Qs

a/k/a Nancy Rapoport, Gordon Silver Professor of Law
Ms. Ps & Qs brings an ethics article which speaks to ALL of us. Ms. Ps & Qs has outdone herself, again, with a thoughtful and well-researched look at stress and its relation to ethical conduct.
June 16, 2014
Archives
hayes

Bellingham: And the Supreme Court Punts

By M. Jonathan Hayes
“The Supreme Court made one thing perfectly clear in its 9-0 ruling on In re Bellingham. It doesn’t always reverse the Ninth Circuit.”Click here for the Opinion . . .
supremecourt

In case you missed Hank Hildebrand’s comments on Bellingham in the ‘Special Report’ sent last week . . .

hildebrandCritical Case Comment

Executive Benefits Insurance Agency v. Arkison (In re Bellingham) 2014 WL 2560461 (S.Ct. June 9, 2014) (Thomas)”When a bankruptcy court is called upon to adjudicate a “core” matter, as defined by the statute, as to which the bankruptcy court is not given Constitutional authority to decide per Stern v. Marshall, 564 U.S. ______, 131 S.Ct. 2594 (2011), the statute will be construed to treat such matters as “non-core” subject to de novo review by an Article III court.”See also Credit Slips: Stern II, now time for Stern III While Prof. Pottow’s comments are minimal, the blogged comments under the article are worth the glance.
rapoport

Ask Ms. Ps & Qs

a/k/a Nancy Rapoport, Gordon Silver Professor of Law
Lest Ms. Ps & Qs gets overshadowed by SCOTUS, click here, for an ethics article which speaks to ALL of us. Ms. Ps & Qs has outdone herself, again, with a thoughtful and well-researched look at stress and its relation to ethical conduct.
caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected.)
June 9, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
“To determine what portion of a tax refund, payable jointly to a debtor and a debtor’s non-filing spouse, is property of a Chapter 7 estate, the Court must apply the ‘separate filings rule’ and analyze what each taxpayer would have received had they filed separate tax returns.” Click here for more . . .
hayes

A Little Background on the Current Supreme Court

By M. Jonathan Hayes
“. . . That got me thinking about the judicial experience of the other Justices.” . . . Click here for more.
caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected.)
drummond

Hottest Item From Last Week . . .

When to Deduct Business Expenses: Flores Breathes New Life Into Wiegand

By Robert G. Drummond, Chapter 13 Trustee for the District of Montana

http://considerchapter13.org/draft-home-updates/

June 2, 2014
Archives
nclc

Supreme Court Decision Strikes Blow against Tribal Online Payday Lenders

“Although the decision in Michigan v. Bay Mills Indian Community was a victory for the tribe (which was resisting a state lawsuit over the tribe’s illegal casino), the Court’s reasoning demonstrates that tribal-affiliated payday lenders are not above the law.”  (Not password protected.)
vaughan

Former Staff Attorney Appointed Standing Chapter 13 Trustee

(Not password protected)

Elizabeth Vaughan is back in the news. We first met Ms. Vaughan last year . . .Click here for more.
May 26, 2014
Archives
marker

A Bankruptcy Case in Old England, and a Meeting of Creditors Held in a Tavern

bayerIn this holiday week edition, we bring you an abbreviated but very special update. For the geekiest of Academy bankruptcy geeks, we bring a fun historical piece from Los Angeles attorney Leon Bayer and it is not password protected. 

“Dated February 12, 1771, it is a memorandum signed by the creditors who attended the meeting of creditors at the Turk’s Head Tavern. (Unlike old English indentures, this document is short and easy to read.)

caution

Sanctions and Irony and Fraud, Oh My!

(NOT password protected.)
cfpb

This Week at the CFPB

(NOT password protected.)
May 19, 2014
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs brings us practical advice for behavior both in and out of the courtroom and if you’re thinking you don’t need to read it, yes, YOU do! “If one mantra in bankruptcy is ‘disclose, disclose, disclose,’ another one is ‘tone, tone, tone.’ . . . Your stress level will decrease if you start with the assumption that the other side is neither stupid nor evil.”
leffler

Questions Generated From Anything You Can Do, I Can Do Better: Why You Should Consider Chapter 13 Webinar

By Honorable John P. Gustafson* and Mark C. Leffler, Esq.
As a result of the webinar Why Your Clients Should Consider Chapter 13, more questions were submitted than could be answered in a single webinar. Our panelists are diligently working to answer these questions. Here, they answer two more questions generated from the webinar: (1) Is it 7 years from filing or from discharge? (2) Are people finding they can get around the 910 day restriction by saying car titled to the debtor was bought for another person’s use, not the debtor’s use.*Responses were prepared prior to Gustafson’s judicial appointment.
wbrown

From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)
This week’s installation From the Editor includes one case on a spouse’s income being considered for abuse purposes and a plethora of cases on discharge – all Chapter 7 issues.
cfpb

Holly Petraeus Statement on DOJ, FDIC Enforcement Actions Against Sallie Mae

cfpbU.S. Department of Justice announced an enforcement action against Sallie Mae, the largest servicer of federal and private student loans, which was found to be systematically violating the legal rights of U.S. servicemembers.
May 12, 2014
Archives
bruce

Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)
Vesting, re-vesting, at confirmation, if not at confirmation then when??? Attorney Bruce looks at case law showing the importance of vesting timing.
Larry Ahern

Another Webinar Now Available – A Closer Look At Recent Exemption Developments: Law v. Siegel and Lien Avoidance

wbrownExemptions Part 2. Academy Editor & Advisor Wm. Houston Brown and notable bankruptcy expert Larry Ahern follow-up on their December 2013 Saving Homes and Stripping Liens webinar. Both Brown and Ahern are experts as they literally wrote the book: Bankruptcy Exemption Manual, 2013 ed. (West’s Bankruptcy Series). This webinar is designed for attorneys at an advanced level.FREE to Academy members, this webinar recording is now available. For non-members, we offer a pay per view option.
ford

Michael Ford Named Trustee  (Not password protected)

The Staff Attorney to former Chapter 13 Trustee Philip A. Geddes was appointed as the Standing Chapter 13 Trustee for the Northern Division of the Northern District of Alabama on April 16, 2014. Congratulations Mike! Click here for more . . .
gustafson

Post-Petition Causes of Action, Inheritances and Windfalls are Property of the Estate and Must Be Reported to the Trustee – Part 6 of 6

By The Honorable John P. Gustafson, Northern District of Ohio*
The conclusion of Judge Gustafson’s “Windfalls” outline addresses The Tyler Decision. We hope you have enjoyed this extensive outlineClick here for Part 1
Click here for Part 2
Click here for Part 3
Click here for Part 4
Click here for Part 5*This outline was written and submitted prior to Gustafson’s judicial appointment.
manning

Does Outsourcing BK Ed Counselors Increase Client Risk and Attorney Liability?

By Robert D. Manning, PhD, President, DebtorWise Foundation, www.debtorwise.org
“These call center data security issues in the Philippines are most worrisome. They raise serious questions regarding the potential liability of U.S. bankruptcy attorneys for possible damages sustained by their clients who may suffer from identity fraud and telephone ‘scams’ as a result of recommending a low-cost BK Ed provider that outsources its credit counseling and business support services to a call center in the Philippines.”
cfpb

This Week at the CFPB  (Not password protected)

May 5, 2014
Archives
leffler

Questions Generated From Anything You Can Do, I Can Do Better: Why You Should Consider Chapter 13 Webinar

By Honorable John P. Gustafson* and Mark C. Leffler, Esq.
As a result of Why Your Clients Should Consider Chapter 13, more questions were submitted than could be answered in a single webinar. Our panelists are diligently working to answer all of your questions. Here, we begin publishing the first in a series of answers. This week, student loan issues are addressed.  As a gift from the authors, this article is NOT password protected.
*Answers were prepared prior to Gustafson’s judicial appointment.
burden

Toolbox Additions

Academy Board Member and Chapter 13 Standing Trustee Beverly Burden provides members with two new additions to the Academy Toolbox, sub-heading Debtor Attorney:

gustafson

Post-Petition Causes of Action, Inheritances and Windfalls are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 6

By The Honorable John P. Gustafson, Northern District of Ohio
Only two parts left . . . Part 5 of Judge Gustafson’s “Windfalls” outline continues by ‘Talking Turkey About The Chapter 13 Trustee’s Dilemma With Post-Petition Windfalls – Conversion, Dismissal, Early Payoffs, Etc.’
*This outline was written and submitted prior to Gustafson’s judicial appointment.
irs

We’re From the Government and We’re Here to Help (Not password protected)

April 28, 2014
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs brings another fascinating case all should be aware of. “You all know about the importance of ‘wet’ signatures, right? . . . Lessons? Wet signatures are important. Following local rules are important. And blaming others for your mistakes? Not a great idea.”
drummond

No “$200.00 Old Car” Deduction When Calculating Disposable Income

By Robert G. Drummond, Chapter 13 Trustee for the District of Montana

9th Circuit BAP Reverses Bankruptcy Court in Drummond v. Luedtke (In re Luedtke).


Academy’s Growing Brief Bank

Drummond v. Luedtke (In re Luedtke) provides additions to the Academy’s Brief Bank:

gustafson

Post-Petition Causes of Action, Inheritances and Windfalls are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 6

By The Honorable John P. Gustafson, Northern District of Ohio

Part 4 of Judge Gustafson’s “Windfalls” outline continues by answering the questions:

  • What About Other Substantial Assets Acquired Post-Petition?
  • If The Debtor Is Judicially Estopped – Is The Chapter 13 Trustee?

Click here for Part 1
Click here for Part 2
Click here for Part 3

*This outline was written and submitted prior to Gustafson’s judicial appointment.

ssrn

Just Punch My Bankruptcy Ticket (Not password protected)

A Qualitative Study of Mandatory Debtor Financial Education by Assistant University of Denver Sturm College of Law Professor Michael D. Sousa
rosen

Leonard M. Rosen Remembered (Not password protected)