November 11, 2019
Archives
veterans-and-flag

Happy Veteran’s Day

We at The Academy thank each
of you for your valuable service.

marciaanderson

In honor of Veteran’s Day, we bring you a story from uscourts.gov

(Not password protected)

Double Duty: Reflections of an Army General and Clerk of Court

williambrown

New and Revised Bankruptcy Forms

By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc.
This week Judge Brown breaks down the new and revised bankruptcy forms that you need to be aware of.

AND . . . below is a link to a really good article on rule amendments you also need to be aware of . . .

Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1, 2019

(Not password protected)
kennethstill

Memories of a Chapter XIII Trustee

By C. Kenneth Still, Standing Chapter 13 Trustee for the Eastern District of Tennessee, Retired (1968-2015)
The title to this article does not nearly give it justice. This is a delightful, short memoir of a 47-year career.
supremecourt

From the Supreme Court

(Not password protected)
  • Argument Preview: Justices to consider when creditors in bankruptcy can appeal orders denying relief from the automatic stay
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
  • No Amortization of Tax Refund in W.D. Texas

    • Note that Standing Trustee Mary Viegelahn (Vega v. Viegelahn and Diaz v. Viegelahn) is Program Chair for the 2020 NACTT conference in San Diego. Mark your calendar NOW; it’s going to be EPIC!!! July 9-11, 2020. BE THERE!
notjustajob

For the Academic Set

(Not password protected)
Not Just a Job: New Evidence on the Quality of Work in the United States – Find out what matters most to U.S. workers and how the quality of their current job compares to the quality of life they want.

Pretty interesting findings. To Download the report, you may have to sign in – name/email address – to get a link to download the report.

usbankruptcycourt

From the United States Trustee

(Not password protected)

DEADLINE TO APPLY IS NOVEMBER 15, 2019

Solicitation of Applicants to Serve as Subchapter V Trustees

Announcements are going up, all over the country, for applications to be a Small Business Trustee. Click here for the national, uniform information then scroll to your state for the applicable email address to which submissions should be sent.
farmerfield

Farmers in the News

(Not password protected)
  • Report: Farm bankruptcies rose 24% over past year, growers increasingly depend on federal aid, programs
kristinastanger

Newest Webinar Recording Now Available

The HAVEN Act – Understanding this complicated new law

jessicayoungbergA comment from one debtor attorney:

“One of the best presentations I have heard in many years. Clear,
concise, relevant, thorough. Excellent materials.”

The HAVEN Act – effective NOW – is a helpful, yet complicated new tool in your arsenal to help veterans get the fresh start offered through bankruptcy.

Chapter 13 Trustee Naliko Markel moderates a one hour discussion between Kristina M. Stanger and Jessica Hopton Youngberg. Both Stanger and Youngberg were members of the ABI Task Force and each has extensive experience in the area of veteran affairs.

AND FOR THOSE WHO JOINED THE LIVE PRESENTATION:

There were many questions regarding the example discussed on Slide #26. Click here for an augmented dissection of the example.

debt

Student Loan Chronicles

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

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina
The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies all other PMSI collateral, including a vehicle purchased for non-personal use.

November 4, 2019
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of TN (Nashville)
A creditor may request an extension of time to file a claim under Rule 3002, F.R.B.P. only where the conditions of that rule have been fully satisfied; the filing of a defective list of creditors does not permit an extension of the time for a creditor to file a claim under Rule 3002.
gretchenholland

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina

The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral, including a vehicle purchased for non-personal use.

kilpatrick

Barbara J. Rom Award for Bankruptcy Excellence

(Not password protected)

The 2019 recipient of the Barbara J. Rom Award for Bankruptcy Excellence given by the Federal Bar Association, Eastern District of Michigan chapter, was awarded to NACTT and Academy member Richardo Kilpatrick. We are honored that Kilpatrick will be a speaker at the 2020 NACTT Conference in San Diego.

The Barbara J. Rom Award for Bankruptcy Excellence honors individuals who have exhibited the highest level of overall excellence in the practice of bankruptcy law. The following criteria are among those considered in making this award: Excellence, civility, sophistication of practice, community involvement, Bar association and Court activity involvement, and pro bono participation.

CONGRATULATIONS RICHARDO!!!!

foryourblog

For Your Blog

This week, we offer you a special, not password protected, article on how credit scores go UP after bankruptcy.

Credit Scores Trend Upward After Bankruptcy

By Cathy Moran, Esq. (Redwood City, CA)
usbankruptcycourt

From the United States Trustee

(Not password protected)

Public Notice – Solicitation of Applicants to Serve as Subchapter V Trustees

Announcements are going up, all over the country, for applications to be a Small Business Trustee. Click here for the national, uniform information then scroll to your state for the applicable email address to which submissions should be sent.

DEADLINE TO APPLY IS NOVEMBER 15, 2019

farmerfield

Farmers in the News

(Not password protected)

Farm Bankruptcies Rise Again

kristinastanger

Newest Webinar Recording Now Available

The HAVEN Act – Understanding this complicated new law

jessicayoungbergA comment from one debtor attorney:

“One of the best presentations I have heard in many years. Clear,
concise, relevant, thorough. Excellent materials.”

The HAVEN Act – effective NOW – is a helpful, yet complicated new tool in your arsenal to help veterans get the fresh start offered through bankruptcy.

Chapter 13 Trustee Naliko Markel moderates a one hour discussion between Kristina M. Stanger and Jessica Hopton Youngberg. Both Stanger and Youngberg were members of the ABI Task Force and each has extensive experience in the area of veteran affairs.

AND FOR THOSE WHO JOINED THE LIVE PRESENTATION:

There were many questions regarding the example discussed on Slide #26. Click here for an augmented dissection of the example.

debt

Student Loan Chronicles

(Not password protected)

CFPB Announces Action Against Student Loan Debt Relief Operation

AlexSchmidt

In Case You Missed It. . .

As a Halloween Treat, the following article is NOT password protected.

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

By Alexander Schmidt, Law Clerk, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo)
gustafson“You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts could we actually PROVE about the Monster Mash, in a federal court?”
October 28, 2019
Archives
AlexSchmidt

As a Halloween Treat, the following article is NOT password protected.

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

By Alexander Schmidt, Law Clerk, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo)
gustafson“You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts could we actually PROVE about the Monster Mash, in a federal court?”
ahern_larry

Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019

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

This week, Larry Ahern continues reporting on bankruptcy-related legislation passed in August. This week, Ahern drills further into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 trustees and practitioners.See also our previously published articles:

williambrown

From the Editor

Judge Brown brings us one case of interest on curing defaults:

usbankruptcy

From the United States Trustee

Public Notice – Solicitation of Applicants to Serve as Subchapter V Trustees

Announcements are going up, all over the country, for applications to be a Small Business Trustee. Click here for the national, uniform information then scroll to your state for the applicable email address to which submissions should be sent.DEADLINE TO APPLY IS NOVEMBER 15, 2019
towtruck

City of Chicago, Illinois v. Fulton Appealed to Supreme Court

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
Issue: Whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition.
cfpb

From the CFPB

(Not password protected)
kristinastanger

Newest Webinar Recording Now Available

The HAVEN Act – Understanding this complicated new law

jessicayoungbergA comment from one debtor attorney:

“One of the best presentations I have heard in many years. Clear,
concise, relevant, thorough. Excellent materials.”

The HAVEN Act – effective NOW – is a helpful, yet complicated new tool in your arsenal to help veterans get the fresh start offered through bankruptcy.

Chapter 13 Trustee Naliko Markel moderates a one hour discussion between Kristina M. Stanger and Jessica Hopton Youngberg. Both Stanger and Youngberg were members of the ABI Task Force and each has extensive experience in the area of veteran affairs.

AND FOR THOSE WHO JOINED THE LIVE PRESENTATION:

There were many questions regarding the example discussed on Slide #26. Click here for an augmented dissection of the example.

debt

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
DanielCohn

In Case You Missed It. . .

Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies

(First published here on August 19, 2019. Used with permission.)
By Daniel Cohn, Esq., Legal Department, Wells Fargo Bank, N.A.
A self-explanatory title which takes a detailed look at the Hulburt decision.
October 21, 2019
Archives
wayland

Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask

By Herb Beskin, Chapter 13 Trustee and Edward M. Wayland, Esq. (Charlottesville, VA)
beskinThis article discusses the FCRA, the rules and practices of those who prepare credit reports, and some of the problems and issues that consumers need to be aware of. Much of it is based on the actual experience of one of the authors in representing consumers with credit report problems.
DanielCohn

Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies

(First published here on August 19, 2019. Used with permission.)
By Daniel Cohn, Esq., Legal Department, Wells Fargo Bank, N.A.
A self-explanatory title which takes a detailed look at the Hulburt decision.
smallbusinessowner

Small Business Reorganization Act…(“SBRA”) – All previously published articles:

uscourts

From the Courts – Form Changes

(Not password protected)

Forms effective October 1, 2019On August 26, 2019, the President signed into law the Honoring American Veterans in Extreme Need Act of 2019 (the HAVEN Act) Public Law No. 116-52. The HAVEN Act amended 11 U.S.C. § 101(10A) to exclude from the definition of Current Monthly Income certain payments made under title 10, 37, or 38 of the United States Code in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services.At its September 26, 2019 meeting, the Advisory Committee on Bankruptcy Rules made minor conforming amendments to lines 9 and 10 of Official Forms 122A-1, 122B, and 122C-1 to address the HAVEN Act.Click here for New Form 122C-1Forms Effective December 1, 2019Two bankruptcy forms are on track to go into effect this December.

The proposed change to Official Form 122A-1 adds an instruction to line 14a to remind a debtor that if there is no presumption of abuse, that Official Form 122A-2 should not be filled out or filed.

Director’s Form 1340, Application for Payment of Unclaimed Funds, is a new form issued by the Director of the Administrative Office of the United States that bankruptcy courts may adopt or revise as needed to facilitate requests for unclaimed funds.

cfpb

From the CFPB

(Not password protected)
uscourts

Also from the Courts

(Not password protected)
webinar

There is still time . . . REGISTER NOW

The next free Academy webinar is THIS Wednesday, October 23rd at 2 eastern/1 central/12 mountain/11 pacificThe HAVEN Act – Understanding this complicated new law (click here to register)
debt

Student Loan Chronicles

(Not password protected)

Turf War Blocked CFPB From Helping Fix Student Loan Forgiveness Program

foryourblog

For Your Blog

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

Zombie Debt: How collectors trick consumers into reviving dead debts

October 14, 2019
Archives
cmoran

Taxes, Offset, and Mutuality

By Cathy Moran, Esq. (Redwood City, CA)
Lawyers are accustomed to evaluating the dischargeability of taxes . . . as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the ‘when do we file’ analysis.
ahern_larry

Small Business Reorganization Act…(“SBRA”)

The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019

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

Larry Ahern continues his reporting on bankruptcy-related legislation passed in the first session of the 116th Congress. This week, he answers the single most frequently asked question from the debtors’ bar about the new small business rules: Could the new law require my client to file before the February 19 effective date?See also:

uscourts

From the Courts

(Not password protected)

From the Courts – Form Changes

Forms effective October 1, 2019On August 26, 2019, the President signed into law the Honoring American Veterans in Extreme Need Act of 2019 (the HAVEN Act) Public Law No. 116-52. The HAVEN Act amended 11 U.S.C. § 101(10A) to exclude from the definition of Current Monthly Income certain payments made under title 10, 37, or 38 of the United States Code in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services.At its September 26, 2019 meeting, the Advisory Committee on Bankruptcy Rules made minor conforming amendments to lines 9 and 10 of Official Forms 122A-1, 122B, and 122C-1 to address the HAVEN Act.Click here for New Form 122C-1Forms Effective December 1, 2019Two bankruptcy forms are on track to go into effect this December.

The proposed change to Official Form 122A-1 adds an instruction to line 14a to remind a debtor that if there is no presumption of abuse, that Official Form 122A-2 should not be filled out or filed.

Director’s Form 1340, Application for Payment of Unclaimed Funds, is a new form issued by the Director of the Administrative Office of the United States that bankruptcy courts may adopt or revise as needed to facilitate requests for unclaimed funds.

irs

From the IRS

(Not password protected)

2 Million ITINs Set to Expire in 2019

  • An ITIN is a tax ID number used by taxpayers who don’t qualify to get a Social Security number. Any ITIN with middle digits 83, 84, 85, 86 or 87 will expire at the end of this year.

New Payment Option Available to Taxpayers in Private Debt Collection Program

  • IRS officials announced on 10/8/19 that a new payment option – preauthorized direct debit.

IRS: Sorry, but It’s Just Easier and Cheaper to Audit the Poor

  • Congress asked the IRS to report on why it audits the poor more than the affluent. Its response is that it doesn’t have enough money and people to audit the wealthy properly. So it’s not going to.
openposition

Chapter 13 Trustee Position Opening

(Not password protected)
Location: Western District of New York, Buffalo Division
Application Due Date: October 18, 2019
webinar

REGISTER NOW

(Not password protected)
The next free Academy webinar is Wednesday, October 23rd at 2 eastern/1 central/12 mountain/11 pacificThe HAVEN Act – Understanding this complicated new law (click here to register)

Webinar Recording Now Available

(Not password protected)

How the New MDFL Student Loan Management Program Works

mdflTrustee Laurie Weatherford joins experts Robert Branson and Tammy Branson in a one-hour discussion on the new court supervised student loan modification program recently launched in the Middle District of Florida. Details you need to start a program in your district.This is a moderate to advanced level webinar directed to trustees, judges, attorneys who represent debtors and student loan creditor representatives.This recording is free to Academy subscribers or we offer a pay per view option.

Session Recordings Now Available

(Not password protected)
Audio recordings of The ENTIRE NACTT 2019 Conference, are now available for a mere $35 per session. Click here to purchase any session.Or Click here to purchase the entire conference!
foryourblog

For Your Blog

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

The $51,000 Mistake Thousands of Retirement Savers Have Already Made

October 7, 2019
Archives
janhamilton

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS)

“What needs to be in a plan filed in a case under the SBRA? Start with the statute…”Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t, um, this is OCTOBER! We are building our library on this important legislation so it is available when YOU are ready for it.See also:

mikefitzgerald

Senior Moments

We are pleased to introduce a new article series which we are affectionately calling “Senior Moments.” These articles will be sporadic but will come from retired trustees. The inaugural piece comes from the recently retired Standing Trustee for the Western District of Washington, Mike Fitzgerald.
hildebrand

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
“The post-petition continued retention of property that is necessary for a debtor would no longer be an option and the property would need to be turned over through specific statutory requirement. The practical effect of the proposed changes simply recognizes current reality.”Previously published articles on recommendations:Recommendations Related to Exemptions
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
openposition

Chapter 13 Trustee Position Opening

(Not password protected)
Location: Western District of New York, Buffalo Division
Application Due Date: October 18, 2019
webinar

SAVE THE DATE

(Not password protected)
The next free Academy webinar is Wednesday, October 23rd at 2 eastern/1 central/12 mountain/11 pacificThe HAVEN Act – Understanding this complicated new law (click here to register)
redcar

There’s Always a Car

(Not password protected)

Americans Are Taking Out Ridiculously Long Auto Loans

Webinar Recording Now Available

(Not password protected)

How the New MDFL Student Loan Management Program Works

mdflTrustee Laurie Weatherford joins experts Robert Branson and Tammy Branson in a one-hour discussion on the new court supervised student loan modification program recently launched in the Middle District of Florida. Details you need to start a program in your district.This is a moderate to advanced level webinar directed to trustees, judges, attorneys who represent debtors and student loan creditor representatives.This recording is free to Academy subscribers or we offer a pay per view option.
farmer

Session Recordings Now Available

(Not password protected)
Audio recordings of The ENTIRE NACTT 2019 Conference, are now available for a mere $35 per session. Click here to purchase any session.Or Click here to purchase the entire conference!
debt

Student Loan Chronicles

(Not password protected)

Student Loan Crisis Driving Racial Wealth Gap

foryourblog

For Your Blog

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

Taxpayers Should Beware of Property Lien Scam

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

IN CASE YOU MISSED IT. . .

johnson Johnson Retires
By Academy Staff
Jeff-Kellner Kellner Retires
By Academy Staff
A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee
By The Honorable Guy R. Humphrey, Southern District of Ohio
September 30, 2019
Archives
HannahBlumenstiel

Small Business Reorganization Act

By The Honorable Hannah Blumenstiel

Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it.In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half pages are of particular importance as she very briefly summarizes the chief take-aways.See also:

Katy-Brewer

It Takes a Village

By Katherine B. Brewer, Esq. (Westerville, OH)
“As lawyers, especially bankruptcy lawyers, it’s so important to admit if we aren’t OK. . . . It should never be seen as out of line to ask a colleague if they are having any problems.”
Jeff-Kellner

Kellner Retires

By Academy Staff

AND

A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

By The Honorable Guy R. Humphrey, Southern District of Ohio
Above are two tribute articles – Jeff, you will be greatly missed!!
openposition

Term Law Clerk Posting

(Not password protected)
johnson

Johnson Retires

By Academy Staff
Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019, and also served as Trustee in Puerto Rico and the Virgin Islands.This article contains a ‘love’ letter to Jan.Jan, we will miss you immensely!
joanfeeney

Bankruptcy Judge Receives Award

(Not password protected)
Judge Joan N. Feeney (Ret.) to Receive the 2019 American Inns of Court Bankruptcy Inn Alliance Distinguished Service Award
farmer
court

PACER in the News

(Not password protected)

A popular link from last week. . . . Judiciary Doubles Fee Waiver for PACER Access to Court Records

Session Recordings Now Available

(Not password protected)
Audio recordings of The ENTIRE NACTT 2019 Conference, are now available for a mere $35 per session. Click here to purchase any session.Or Click here to purchase the entire conference!
debt

Student Loan Chronicles

(Not password protected)
foryourblog

For Your Blog

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

The No. 1 Thing People with Fat Savings Accounts Scrimp on That You Likely Don’t

cmoran

IN CASE YOU MISSED IT. . .

Tax Projections and the Means Test – Part II

By Cathy Moran, Esq. (Redwood City, CA)
“ . . .what if things aren’t the same year over year? . . . Mindful that we’re not preparing a tax return, we’re estimating future expense, what do we look for to get a meaningful projection?”See also: Tax Projections and the Means Test Part I
September 23, 2019
Archives
janhamilton

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS)

Part 2 of Trustee Hamilton’s dissection at SBRA looks at the Plan . . . specifically notions to consider before the plan is filed.See also:

cmoran

Tax Projections and the Means Test – Part II

By Cathy Moran, Esq. (Redwood City, CA)
“ . . .what if things aren’t the same year over year? . . . Mindful that we’re not preparing a tax return, we’re estimating future expense, what do we look for to get a meaningful projection?”See also: Tax Projections and the Means Test Part I
williambrown

From the Editor – Avoidance

By The Honorable William Houston Brown (Retired)

Judge Brown takes a look at two cases on avoidance. The first one is an important finding.

redcar

There’s Always a Car

(Not password protected)

Driven to Bankruptcy — New Research from the Consumer Bankruptcy Project

marijuana

Medicaid Estate Recovery Program

(Not password protected)
Re-run from last week but many of you found this interesting . . . (A little long but interesting if you are not aware of the Medicaid Estate Recovery Program)Medicaid’s Dark Secret – For many participants, the program that provides health care to millions of low-income Americans isn’t free. It’s a loan. And the government expects to be repaid.
farmer
court

PACER in the News

(Not password protected)

Judiciary Doubles Fee Waiver for PACER Access to Court Records

cfpb

CFPB in the News

(Not password protected)

Session Recordings Now Available

(Not password protected)
Audio recordings of The ENTIRE NACTT 2019 Conference, are now available for a mere $35 per session. Click here to purchase any session.Or Click here to purchase the entire conference!
debt

Student Loan Chronicles

(Not password protected)

Why You Got Rejected for Student Loan Forgiveness

foryourblog

For Your Blog

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

Should I Pay Off Mortgage Early?

September 16, 2019
Archives
janhamilton

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE

By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS)

“I do not suggest my thoughts here are anywhere close to exhaustive. . . . Of course, my thoughts may be off mark on one or more items, but the discussions need to start somewhere, so here we go…”See also:

cmoran

Tax Projections and the Means Test

By Cathy Moran, Esq. (Redwood City, CA)
Mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot.I’m not a tax attorney, they retort.That’s right, but, if you are a bankruptcy attorney, that doesn’t relieve you from knowing enough tax to get the means test right.
williambrown

From the Editor

By The Honorable William Houston Brown (Retired)
marijuana
farmer

Session Recordings Now Available

(Not password protected)
Audio recordings of The ENTIRE NACTT 2019 Conference, are now available for a mere $35 per session.Click here to purchase any session.Or Click here to purchase the entire conference!
debt

Student Loan Chronicles

(Not password protected)

5th Circuit Finds No Room for Sympathy for Student Loan Debtor

foryourblog

For Your Blog

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

How Student Loan Fees Work and What They Cost

scolforo

In Case You Missed It . . .

Undersecured Short-Term Mortgages May be Crammed Down

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA)
“ . . . Fourth Circuit Court of Appeals overturned its prior decision . . . This is a powerful tool for saving homes.”
September 9, 2019
Archives
scolforo

Undersecured Short-Term Mortgages May be Crammed Down

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA)
“ . . . Fourth Circuit Court of Appeals overturned its prior decision . . . This is a powerful tool for saving homes.”
ahern_larry

2019 Legislation Affecting Bankruptcy Practice

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

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

This week, Larry Ahern continues a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This installment begins to drill down into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 trustees and practitioners.

See also:

cmoran

When $400 Emergency Pushes You Over the Edge

By Cathy Moran, Esq. (Redwood City, CA)
Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. . . . So, a Bloomberg economist devoted his column to deconstructing how the press and political figures misused that finding. . . .OMGoodness.
farmer
seniorcitizen

The Graying of Debtors

(Not password protected)

Rising Senior Debt Levels are Concerning Researchers

Session Recording Now Available

At the NACTT 2019 conference, an exceptional panel addressed the ‘graying’ of debtors across the country. Click here* to purchase this 75 minute session featuring Trustee Krispen Carroll, Professor Robert Lawless, William Rule PhD, and Debtor Counsel David Cox.

*Ninth session from the top – a mere $35 for the session.

paydaylender

Payday Lenders

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
September 2, 2019
Archives

laborday

In observance of Labor Day, The Academy brings you an abbreviated/”Greatest Hits” weekly update. This would be a great time to catch up on the 2019 Legislation.

ahern_larry

First published 8/19. Bills have now been signed into law.

2019 Legislation Affecting Bankruptcy Practice

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

This week, Larry Ahern begins a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This Part I summarizes four bills that would amend both business and consumer provisions in the Bankruptcy Code and related statutes. If the legislation becomes law, Part II will drill down into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 practitioners.

See also: New Bankruptcy Act Makes Chapter 11 Plan Confirmation Easier for Small Business Debtors and Offers Benefits to Preference Defendants

ditech

Ditech Bank in the News

(Not password protected)

See also, Academy Webinar Recording

Ditech – What Consumer Bankruptcy Folks Need to Know

Join experts Tara Twomey and Thad Bartholow in a discussion regarding Ditech consumer claims. You will learn how/where to file claims; the bar date; the entire list of entities involved; why your client may not have received notice and what to do about it; what the proposed plan does and doesn’t say; and more.

ostafy

Less Than 100% Dividend, Can a Chapter 13 Plan be Paid Off Early? Originally published 4/22/19

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

From the Editor

Bankruptcy Protections Limited for Repeat Filers Originally published 1/14/19

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

Proposed Amendments Published for Public Comment

(Not password protected)
  • Appellate Rules 3, 6, 42, and Forms 1 and 2;
  • Bankruptcy Rules 2005, 3007, 7007.1, and 9036; and
  • Civil Rule 7.1.

The comment period is open from August 19, 2019 to February 19, 2020.

debt

Student Loan Chronicles

(Not password protected)

99% of Public Workers Who Seek Student Debt Relief Don’t Qualify. California wants to know why

gretchenholland

IN CASE YOU MISSED IT . . .very popular article from last week. . .

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina

“In fact, some discrimination is even allowed – as long as it’s not unfair discrimination.”

Be sure to scroll to the end of the article for a surprise!

August 26, 2019
Archives
gretchenholland

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina
“In fact, some discrimination is even allowed – as long as it’s not unfair discrimination.”Be sure to scroll to the end of the article for a surprise!
amyx

What to Do with the Dreaded Timeshare?

By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS)
. . . what is a timeshare? And how do you deal with them in bankruptcy? Is it an executory contract? A secured debt? What do you own and how do you keep it . . . or get rid of it?
ckelly

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

The Bankruptcy Moot Court Experience – Duberstein 2019

By Cameron Kelly & Michael Carroll, Law Students, The University of Texas School of Law

“. . . I had no idea what I was getting myself into. . . . coach’s question was challenging. It made it seem like the Court siding with my position would bring an end to the financial world as we know it. . . . I diverted and acted like the question had never been asked. And that was it, I was hooked on bankruptcy moot court.”See also:

farmer
comment

Proposed Amendments Published for Public Comment

(Not password protected)
  • Appellate Rules 3, 6, 42, and Forms 1 and 2;
  • Bankruptcy Rules 2005, 3007, 7007.1, and 9036; and
  • Civil Rule 7.1.

The comment period is open from August 19, 2019 to February 19, 2020.

irs
bootcamp

Bankruptcy Boot Camp 2019

(Not password protected)
If you are newer to bankruptcy practice or would like to brush up your skills, Bankruptcy Boot Camp is for you! The seminar will be held on September 27, 2019 at Grand Valley State University’s Eberhard Center. Speakers include the Bankruptcy Judges for the Western District of Michigan. The deadline for registration is September 20, 2019, but space is limited so register soon!
foryourblog

For Your Blog

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

Car Payment Trouble? How to turn it around

ahern_larry

IN CASE YOU MISSED IT . . .

2019 Legislation Affecting Bankruptcy Practice

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern begins a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This Part I summarizes four bills that would amend both business and consumer provisions in the Bankruptcy Code and related statutes. If the legislation becomes law, Part II will drill down into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 practitioners.
August 19, 2019
Archives
cmoran

Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

By Cathy Moran, Esq. (Redwood City, CA)
. . . “As a debtor attorney, I’m on board so far. . . . But I doubt this resolution will be the last dispute on the matter.”
ahern_larry

2019 Legislation Affecting Bankruptcy Practice

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern begins a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This Part I summarizes four bills that would amend both business and consumer provisions in the Bankruptcy Code and related statutes. If the legislation becomes law, Part II will drill down into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 practitioners.
rebeccagarcia

Chapter 12 and Act2/Conference Update

(Not password protected)
By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees

jan sensenich“The presentations and materials are a great start for someone just getting into chapter 12, and for those more experienced practitioners the conference provided a chance to sharpen some skills and get up to date on the latest in Chapter 12.”This article contains valuable information about materials and the Act2 officers.

farmer
Bob-Drummond

Drummond Receives Professionalism Award

(not password protected)
By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org
Drummond was awarded the 2019 Don Torgenrud Professionalism Award which recognizes an individual who exemplifies the highest standards of professional conduct in their everyday practice.
irs

From the IRS

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
debt

Student Loan Chronicles Part B

(Not password protected)

CFPB Settles Lawsuit Against ITT Educational Services

CFPB announced 8/12/19 a proposed settlement with ITT Educational Services, Inc. to resolve the lawsuit which alleges that ITT engaged in unfair and abusive practices in connection with its private loan program in violation of the Consumer Financial Protection Act of 2010.The Complaint, filed in the U.S. District Court for the Southern District of Indiana in 2014, alleges that ITT helped to create private loan programs for students at ITT Technical Institute, the school run by ITT until it filed for bankruptcy and ceased operations in 2016. The Bureau alleges that ITT improperly induced students to take out those loans to pay the tuition amounts not covered by loans or other tuition assistance from the federal government. The Bureau’s complaint also alleges that ITT knew the student borrowers did not understand the terms and conditions of the loans and could not afford them, resulting in high default rates and other negative consequences.

The terms of the proposed stipulated order include, among other things, a judgment against ITT for $60 million and an injunction prohibiting ITT from offering or providing student loans in the future.

In a separate action filed by the Bureau on June 14, 2019, a final stipulated judgment was entered against the entity holding the private loans at issue, Student CU Connect CUSO, LLC. Under the terms of that judgment all collection on such loans must cease, all outstanding loans must be discharged, and all negative credit reporting must be corrected.

See also:

U.S. Regulator Settles Lawsuit Against ITT Educational, Will Not Collect $60 Million

foryourblog

For Your Blog

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

15 Spending Habits Personal Finance Experts Hate the Most

selwyn

IN CASE YOU MISSED IT . . .

Score One for the United States Bankruptcy Court in the Service of the African America Community

Within Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy there is a treasure trove of irreplaceable American history. Although the images primarily depict Americans of color, it is a portion of history of all Americans . . . In 2005, the then-future President Obama gave words to why the images in the archive have meant and still mean so much to Blacks . . .
August 12, 2019
Archives
selwyn

Score One for the United States Bankruptcy Court in the Service of the African America Community

Within Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy there is a treasure trove of irreplaceable American history. Although the images primarily depict Americans of color, it is a portion of history of all Americans . . . In 2005, the then-future President Obama gave words to why the images in the archive have meant and still mean so much to Blacks . . .
2019seminar

Don’t forget to complete your NACTT Indy Evaluation

NACTT Indianapolis EVALUATION TIME – Attention NACTT Indy Attendees: Your Voice is Important

Thank you for your recent participation at the NACTT Indianapolis Seminar! We value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2020 San Diego Seminar. We look forward to seeing you there next year. Mark your calendar NOW – July 8-11, 2020.Click Here To Let Your Voice Be Heard

gustafson

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

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division
The conclusion of this detailed resource looks at the Tyler decision which details how Chapter 7 filers do not escape from these post-petition issues.
hildebrand

ABI Commission on Consumer Bankruptcy – Recommendations Related to Exemptions

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

NEW – Commission Member Hildebrand continues looking individually at the recommendations of the Commission.“Applying that convoluted mechanism, debtors get to assert the exemptions of the state in which they reside or, in several jurisdictions that did not ‘opt out’ of the federal exemptions, unless the debtor has moved to that jurisdiction within two years of filing of the bankruptcy petition.”

See also previous recommendations:

Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability

farmer
cfpbsettlement
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Judges Explain Rule of Law, Why It Matters
    What does the rule of law mean, and how does it affect our daily lives?This five minute “Court Shorts” video, explains how fair and consistent adherence to the law protects our rights and well-being in everyday situations like buying a breakfast sandwich, reading mail, and investing in the stock market. Definitely not our ‘normal’ For Your Blog option but a short, interesting reminder of why ‘the Rule of Law’ is important.
forcedvesting

IN CASE YOU MISSED IT . . .

Forced Vesting by Any Other Name – Just Might Work

By Academy Staff
“A decision from the Bankruptcy Court in the Eastern District of Kentucky may provide an alternative to forced vesting while effectively accomplishing the same result. . . .The concept of ‘dirt for debt’ may not work in all cases, but is something a Debtor (and Debtor’s Counsel) may want to consider.”
August 5, 2019
Archives
forcedvesting

Forced Vesting by Any Other Name – Just Might Work

By Academy Staff
“A decision from the Bankruptcy Court in the Eastern District of Kentucky may provide an alternative to forced vesting while effectively accomplishing the same result. . . .The concept of ‘dirt for debt’ may not work in all cases, but is something a Debtor (and Debtor’s Counsel) may want to consider.”
2019seminar

NACTT Indianapolis EVALUATION TIME – Attention NACTT Indy Attendees: Your Voice is Important

(Not password protected)

Thank you for your recent participation at the NACTT Indianapolis Seminar! We value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2020 San Diego Seminar. We look forward to seeing you there next year. Mark your calendar NOW – July 8-11, 2020.

Click Here To Let Your Voice Be Heard

gustafson

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division
Part D’s title says it all: Talking Turkey About the Respective Dilemmas of the Chapter 13 Trustee and Debtors in Dealing with Post-Petition Windfalls – Conversion, Dismissal, Early Payoffs, Etc.
mccormick

Hot Off the Press – Judgment and Memorandum Opinion

(Not password protected)

Mortgage servicer was not required to specifically state on its proof of claim that it was servicing the loan on behalf of Freddie Mac. Nor was it necessary for there to be a specific endorsement of the Note or an assignment of the Mortgage to Freddie Mac. The servicer was in physical possession of the Note with an affixed endorsement in blank, and was therefore the holder of a negotiable instrument under the Alabama Uniform Commercial Code. Accordingly, the servicer had standing to file a proof of claim in the Debtors’ Chapter 13 case and to enforce the Note. Furthermore, the post-petition assignment of the Mortgage was not a violation of the automatic stay or an avoidable transfer. Moreover, under Eleventh Circuit law, the Debtors did not have standing to challenge the assignment of their Mortgage.

The Court further found that the Debtors (i) failed to establish by competent evidence that the servicer made any misrepresentations either pre-petition or during the post-petition loan modification process regarding the servicer’s ability to foreclose, (ii) failed to establish that the servicer’s proof of claim was materially defective, and (iii) failed to establish that their loan modification agreement was unenforceable.

Click here for Judgment
Click here for Memorandum Opinion

janhamilton

Stop and Smell the . . . Well, Corn

By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS)
(Not password protected)
IMG_0223I stop and visit with folks a lot. (Surprise…) I had an encounter this year that I found meaningful. It greatly reminded me of my days of representing farmers in 12s and 11s. And it made me stop for a moment and think about how we, as trustees, interact with debtors and how, for the most part, they are just case numbers to us. But they all have stories.
farmer

Farmers in the News

(Not password protected)
safedepositbox

Safe Deposit Boxes

(Not password protected)
  • Unclaimed Property (a second article about safe deposit boxes and how they become unclaimed property in states’ coffers)
PhilLamos

An Oldie But a Goodie – Original Publication 12/9/18

Watch the Clock – Timing of Appeals

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
Regardless of the merits of an appeal, an appeal must be timely filed to have even a chance at succeeding.
debt

Student Loan Chronicles

(Not password protected)

Thousands of Scammed Student-Loan Borrowers Filed Claims for Debt Relief – the feds haven’t approved any in over a year

foryourblog

For Your Blog

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

Have a Capital One Credit Card? Then take these 5 steps

schuman

IN CASE YOU MISSED IT . . .

A Well-Deserved Thank You to Attorneys Who Represent Debtors . . .

Ordinary Heroes Deliver Second Chances with Bankruptcy

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group
(Not password protected)

“With your help, a mother or father can enjoy their child’s soccer game without fear that a tow truck might show up at the game and take their car, or show up at their door when they have guests or a myriad of other embarrassing situations.”

Be sure to check-out the NEW comments at the end of this article.

July 29, 2019
Archives
schuman

A Well-Deserved Thank You to Attorneys Who Represent Debtors . . .

Ordinary Heroes Deliver Second Chances with Bankruptcy

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group
“With your help, a mother or father can enjoy their child’s soccer game without fear that a tow truck might show up at the game and take their car, or show up at their door when they have guests or a myriad of other embarrassing situations.”
gustafson

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 3 of 5

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division
This detailed resource continues this week by looking at which post-petition assets are, indeed, property of the chapter 13 estate.
tiffanycornejo

Meet A Newish Trustee

(Not password protected)
“Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen.”
irs

From the IRS

(Not password protected)

IRS Attempting to Collect on Virtual Currency

IRS has begun sending letters to virtual currency owners advising them to pay back taxes, file amended returns; part of agency’s larger efforts.
gavel

From the Judiciary

(Not password protected)
Bankruptcy Judge Up for Reappointment in Augusta – Comments on the reappointment of Bankruptcy Judge Susan Barrett of Augusta should be sent Circuit Executive James P. Gerstenlauer by Aug. 19.
usbankruptcycourt

From the Courts

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

City Did Not Violate Stay by Failing to Rescind Warrant

foryourblog

For Your Blog

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

From Dead Broke to $100,000 in Cash, in One Quick and Simple Side Hustle

July 22, 2019
Archives
indy

Due to the Annual NACTT Conference,
we bring you a Greatest Hits Update – Enjoy!

Shout Out to NACTT Indianapolis Attendees.
Indianapolis is a fun city and it was a great conference.

Indy-Car
gustafson

NEWPost-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division
This detailed resource begins its analysis by discussing property acquired after the filing of the chapter 13 case and different approaches. Part 2 looks at the duty to disclose post-petition causes of action.
Burden

A very popular article from last week . . .

Unscheduled Creditor May Not File a Late Proof of Claim

By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY)

Unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A).More from this author:

Tips and Traps: Issuing A Subpoena for Bank Records

carriehaydenjohnson

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

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

Trustee May Use Any Law Available to Avoid a Transfer

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

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Another issue concerns Chapter 7 trustees who would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for the full lien amount and exemption. In doing so, the trustee delays the debtor’s ability to use the asset as part of the fresh start.
usbankruptcycourt

From the UST

(Not password protected)
foryourblog

For Your Blog

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

Successful Side Hustlers Share Their Best Secrets

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
bobbranson

IN CASE YOU MISSED IT . . .

Court Supervised Student Loan Modification

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

TB-Headshot-270x270“The Order provides for use of online software to assist Debtors with student loan repayment options.”See also original article: Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

Watch for a webinar on this topic in September!!

July 15, 2019
Archives
Burden

Unscheduled Creditor May Not File a Late Proof of Claim

By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY)
Unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A).
gustafson

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division
This detailed resource begins its analysis by discussing property acquired after the filing of the chapter 13 case and different approaches.
hildebrand

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

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

Another issue concerns Chapter 7 trustees who would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for the full lien amount and exemption. In doing so, the trustee delays the debtor’s ability to use the asset as part of the fresh start.

See also previous recommendations:

A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability

glenn
usbankruptcycourt

From the Courts

(Not password protected)
farmer
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Debt for Overpayment of DSO Not Itself DSO

foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Court Supervised Student Loan Modification

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

TB-Headshot-270x270“The Order provides for use of online software to assist Debtors with student loan repayment options.”

See also original article: Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

July 8, 2019
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where confirmation order of a Chapter 12 plan specifically provides for payments to a creditor and Chapter 12 trustee supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the trustee must make payments to creditors even if a proof of claim is not timely filed
bobbranson

Court Supervised Student Loan Modification

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

TB-Headshot-270x270“The Order provides for use of online software to assist Debtors with student loan repayment options.”

See also original article: Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

hildebrand

ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property

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

The Commission heard from several individuals and attorneys that related tales of Chapter 7 trustees negotiating a “carve out” with a lienholder on the debtor’s real property when there was no equity available in the property. This article addresses the Commission’s recommendations regarding prevention of such “carve out.”

Click here to register for the NACTT conference

See also:

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

unitedstatescourts

From the United States Courts

(Not password protected)

Judiciary Creates Public User Group for PACER

The federal Judiciary has created and is seeking members for a public user group to provide advice and feedback on ways to improve its electronic public access services. . . . membership will be selected from interested applicants who represent the legal sector, media, academia, government agencies, the public, and other entities that use PACER to access federal court records. The group will allow for the exchange of information about issues experienced by users, and it will recommend ideas for expanding and improving services.
farmer

Farmers in the News

(Not password protected)
ridgway

On the Judiciary

(Not password protected)

Balls and Strikes: New Bankruptcy Court Chief Judge is also a hall of fame baseball umpire

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Savvy Senior: Can a debt collector take my Social Security benefits?
PhilLamos

IN CASE YOU MISSED IT . . .

What IS a Principal Residence?

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if a debtor can prove that a claim is secured by something other than “the debtor’s principal residence” then the claim can be modified in a Chapter 13 plan. A debtor can bifurcate or even totally avoid a security interest if the debtor can prove that the claim is secured by something other than “the debtor’s principal residence.” But what exactly is a “principal residence?” This question has been the subject of much litigation since BAPCPA went into effect in 2005.
July 1, 2019
Archives
americanflag

Happy Independence Day

ahern_larry

In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern analyzes the Seventh Circuit’s June 19 decision in In re Fulton that a municipality’s passive retention of impounded property constitutes a violation of § 362. He also considers implications of the decision for consumer loan transactions.
PhilLamos

What IS a Principal Residence?

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if a debtor can prove that a claim is secured by something other than “the debtor’s principal residence” then the claim can be modified in a Chapter 13 plan. A debtor can bifurcate or even totally avoid a security interest if the debtor can prove that the claim is secured by something other than “the debtor’s principal residence.” But what exactly is a “principal residence?” This question has been the subject of much litigation since BAPCPA went into effect in 2005.
unitedstatescourts

From the United States Courts

(Not password protected)

Judiciary Creates Public User Group for PACER

The federal Judiciary has created and is seeking members for a public user group to provide advice and feedback on ways to improve its electronic public access services. . . . membership will be selected from interested applicants who represent the legal sector, media, academia, government agencies, the public, and other entities that use PACER to access federal court records. The group will allow for the exchange of information about issues experienced by users, and it will recommend ideas for expanding and improving services.
hildebrand

ABI Commission on Consumer Bankruptcy – Judicial Estoppel

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
“Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it.”
Click here to register for the NACTT conference
farmer

Farmers in the News

(Not password protected)

Ohio Farmland Underwater – Big Trouble for Corn Industry

There is still time to register for the Chapter 12 conference July 15-16 in Indianapolis. Click here for more information.
oldcase

OLD Cases

(Not password protected)
foryourblog

For Your Blog

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

7 Keys to Keeping Your House: Chapter 13 After You File

Beskin

IN CASE YOU MISSED IT . . .

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

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville)
Let’s take a certain set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. . . . the saga begins with failing the bar exam . . .
June 24, 2019
Archives
Beskin

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

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

Marijuana in Bankruptcy

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

(Not password protected)
See our previous article:A Confirmed Plan with a Marijuana Wrinkle
By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South CarolinaAlthough this article is about a Chapter 11 case, it has Chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters.
janhamilton

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

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS)
Part 3 addresses behaviors ‘in the courtroom’ and ‘overarching’ considerations. A MUST READ!Click here for Part 1 of 3 – A comment received regarding Part 1 of Trustee Hamilton’s article – “Excellent work, Jan. I will share it with my staff attorney and local consumer bankruptcy bar.”Click here for Part 2 of 3 – Discovery and trial prep – EARLY trial prep!!
hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Trustee and Sloan Hastings, Vanderbilt Law Student (Nashville, TN)
hastings“The Commission recommends a harmonization of the conflicting provisions of the Code.”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice.Click here to register for the NACTT conferenceSee also:Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

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

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

hildebrand

IN CASE YOU MISSED IT . . .

No Take Backs – Critical Case Comment

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

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

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

hildebrand

Critical Case Comment

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

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

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

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

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS)
Part 2 of Trustee Hamilton’s outline covers topics such as discovery and trial prep – EARLY trial prep!!Click here for Part 1 of 3 – A comment received regarding Part 1 of Trustee Hamilton’s article – “Excellent work, Jan. I will share it with my staff attorney and local consumer bankruptcy bar.”
aboutthejudiciary

About the Judiciary

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Rooker-Feldman Bars Motion to Vacate

openposition

Positions Open

(Not password protected)
Chapter 12 Trusteeship Open
Location: Eastern District of California (primarily Sacramento and Modesto) and District of Nevada
Application Due Date: June 21, 2019Chapter 7 Trusteeship Open
Location: District of New Jersey, primarily in the Newark and Camden Vicinages
Application Due Date: June 30, 2019
foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Substantial Contribution Claims

By Nicholas Miller and Madison Haueisen, Law Students at the University of Texas School of Law and Duberstein Moot Court Team Members

haueisen“Statutes ought to be construed, if possible, so that no clause, sentence, or word shall be superfluous, void, or insignificant.”The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution to the bankruptcy estate in a case under chapter 7.See also: Passive Retention: A Creditor’s Right or an Act to Exercise Control?

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

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

June 10, 2019
Archives
janhamilton

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

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

Substantial Contribution Claims

By Nicholas Miller and Madison Haueisen, Law Students at the University of Texas School of Law and Duberstein Moot Court Team Members
haueisen“Statutes ought to be construed, if possible, so that no clause, sentence, or word shall be superfluous, void, or insignificant.”The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution to the bankruptcy estate in a case under chapter 7.See also: Passive Retention: A Creditor’s Right or an Act to Exercise Control?
By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team MembersAs reported in March, we are pleased to publish articles written by law students who benefited from the grant money provided by the National Data Center.
irs

From the IRS

(Not password protected)

All Taxpayers Should Plan Ahead for Natural Disasters

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

Farmers in the News

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

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

By Henry E. Hildebrand, III, Chapter 13 Trustee and Sloan Hastings, Vanderbilt Law Student (Nashville, TN)
hastings“So, a critical question has arisen: what is a “return” and when is it too late to file one?”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.See also:Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
supremecourt
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
foryourblog

For Your Blog

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

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

burks

IN CASE YOU MISSED IT . . .

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

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

Critical Case Comment

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

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

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

New Bankruptcy Judge Appointed to Bench

(Not password protected)
volk

Bankruptcy Judge Appointed to District Seat

(Not password protected)
hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Trustee and Sloan Hastings, Vanderbilt Law Student (Nashville, TN)
SWH Headshot“So, a critical question has arisen: what is a “return” and when is it too late to file one?”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.See also:Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
supremecourt
debt

Student Loan Chronicles

(Not password protected)
gretchenholland

IN CASE YOU MISSED IT . . .

A Confirmed Plan with a Marijuana Wrinkle

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

In Memory of All Who Gave All

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

ahern_larry

Supreme Court Agrees to Revisit Finality of Orders in Bankruptcy

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

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

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

fagone

Postpetition Borrowing by a Consumer Debtor in Chapter 13

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

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

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

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

hildebrand

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

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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

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

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

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

See also:

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

debt

Student Loan Chronicles

(Not password protected)
cmoran

IN CASE YOU MISSED IT . . .

How Guarantors Can Escape Tax on Soured Debt

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

A Confirmed Plan with a Marijuana Wrinkle

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

How Guarantors Can Escape Tax on Soured Debt on Soured Debt

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

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

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

hildebrand

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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

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

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

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

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

See also previous articles:

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

ditech

Ditech in the News

(Not password protected)
ust

From the UST

(Not password protected)

Multiple Chapter 7 Trustees Wanted

irs

From the IRS

(Not password protected)

Tax Tips for Taxpayers to Consider When Selling Their Home

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

From the CFPB

(Not password protected)

CFPB Gearing Up to Further Relax HMDA and Possibly Other Rules

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

Student Loan Chronicles

(Not password protected)
bobbranson

IN CASE YOU MISSED IT . . .

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

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

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

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

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

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

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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

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

See also previous articles:

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

burks

A Day in the Life of a Chapter 13 Trustee

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

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

ust

From the UST

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

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

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

irs

From the IRS

(Not password protected)

Taking Care of Business: Recordkeeping for Small Businesses

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

From the CFPB

(Not password protected)
farmer
foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

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

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

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

Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

May 6, 2019
Archives
fagone

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

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

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

ahern_larry

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

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

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

Click here for Oral argument transcripts — Taggart v. Lorenzen

hildebrand

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

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

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

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

See also previous articles:

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

ABI Commission on Consumer Bankruptcy – Introduction

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

ust

From the UST

(Not password protected)

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

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

On the IRS

(Not password protected)

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

“There are special rules for rentals.”
cfpb

From the CFPB

(Not password protected)

CFPB Proposes Changes to HMDA Rules

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

For Your Blog

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

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

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

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

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

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

Making Sense of the Means Test

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

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

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

williambrown

A Hot Case. Hot Off the Press.

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

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

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

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

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

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

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

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

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

alanebecket

NACTT Indianapolis Speaker Named ABI Prez

(Not password protected)
supremecourt

From the Supreme Court

(Not password protected)

Court Hears Arguments on Limiting Contempt For Pursuing Invalid Debts

Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

grayingdebtors

Graying of Debtors

(Not password protected)

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

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

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

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

usbankruptcycourt

From the Courts

(Not password protected)
farmer

Chapter 12 in the News

(Not password protected)

Bipartisan Group of Lawmakers Aim to Ease Chapter 12 Bankruptcy Rules

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

Ditech Bankruptcy in the News

(Not password protected)
debt

Student Loan Chronicles

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

For Your Blog

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

IN CASE YOU MISSED IT . . .

A very popular item from last week . . .

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

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

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

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

From the Supreme Court

(Not password protected)

Argument Preview: Justices to consider sanctions for violating bankruptcy discharge

hildebrand

ABI Commission on Consumer Bankruptcy – Introduction

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

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

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

Hot Off the Press – ABI Report

(Not password protected)

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

You may also click here for a summary

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

treister

Author and Titan of Bankruptcy Dies at 95

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

Click here to leave a sympathy message for the family

farmer

Farmers in the News

(Not password protected)

Trends Show Chapter 12 Bankruptcies Not Rising at an Alarming Rate

twomey

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

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

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

cfpb

From the CFPB

(Not password protected)

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

foryourblog

For Your Blog

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

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

Bill Purdy

IN CASE YOU MISSED IT . . .

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

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

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

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

More from this author: Crushing Tax Change for Injured Consumers

April 15, 2019
Archives
johnandreeasen

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

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

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

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

Bill Purdy

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

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

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

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

More from this author: Crushing Tax Change for Injured Consumers

capitol

Hot Off the Press – ABI Report

(Not password protected)

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

You may also click here for a summary

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

twomey

Webinar Now Available

Ditech – What Consumer Bankruptcy Folks Need to Know

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

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

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

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

kevinanderson

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

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

Register NOW for NACTT Indianapolis

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

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

On the IRS

(Not password protected)
debt

Student Loan Chronicles

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

IN CASE YOU MISSED IT . . .

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

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

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

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

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

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

From the Editor

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

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

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

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

Register NOW for NACTT Indianapolis

Click here for registration forms only

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

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

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

(Not password protected)

Judge Volk Nominated to U.S. District Court

irs
debt

Student Loan Chronicles

(Not password protected)
farmer
foryourblog
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

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

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

April 1, 2019
Archives
hildebrand

Critical Case Comment

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

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

williambrown

From the Editor

williambrown

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

Dollar Amount Increases in Bankruptcy Code

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

IN CASE YOU MISSED IT . . .

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

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

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

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

Duberstein Bankruptcy Moot Court

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

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

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

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

ahern_larry

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

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

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

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

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

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

supremecourt
irs

From the IRS

(Not password protected)

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

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

REMINDER – INCREASES GO INTO EFFECT APRIL 1ST

Dollar Amount Increases in Bankruptcy Code (Not password protected)

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

Trustee May Use Any Law Available to Avoid a Transfer

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

From the Editor

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

cmoran

Ensure You Understand Insurance in Bankruptcy

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

From the IRS

(Not password protected)

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

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

Passing of District Court Judge

(Not password protected)

Pioneering Judge Mary Lou Robinson Dies at 92

baddebt

A popular link from last week . . .

Bending the FDCPA to the Breaking Point

(Not password protected)

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

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
bankruptcy
foryourblog
williambrown

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code

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

Tips and Traps: Issuing A Subpoena for Bank Records

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

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

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

From the IRS

(Not password protected)

Here’s How a Name Change Affects a Tax Return

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

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

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

Farmers in the News

(Not password protected)

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

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

Register NOW!

openposition

NEW Chapter 7 Trustee Positions Available

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

Payday Lenders in the News

(Not password protected)

Move to Pull Consumer Protection Rule Heightens Debate Over Payday Lending

baddebt

Bending the FDCPA to the Breaking Point

(Not password protected)

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

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
foryourblog

Vocabulary Term of the Week

(Not password protected)
foryourblog

For Your Blog

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

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code (Not password protected)

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

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

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

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

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

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

williambrown

Dollar Amount Increases in Bankruptcy Code (Not password protected)

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

Farmers in the News

(Not password protected)

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

Register NOW!

openposition

UST Has Multiple Trustee Positions Posted

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

About Income Tax Changes

(Not password protected)

Tax Refunds Down 17%: IRS

moneyloans
foryourblog

For Your Blog

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

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

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

Student Loan Chronicles

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
hildebrand

In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment.
February 25, 2019
Archives
hildebrand

Critical Case Comment

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

Rescuing a Troubled Chapter 13: The Unseen Threat

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

Meet an AO Trustee

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

!!! IT’S TIME IT’S TIME IT’S TIME !!!

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

Click here for registration forms only

supremecourt

From the Supreme Court

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

UST Has Multiple Trustee Positions Posted

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

There’s Always a Car

(Not password protected)
foryourblog

For Your Blog

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

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

Veronica-Brown-Moseley

In Case You Missed It . . .

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

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

presidentsday

Veronica-Brown-Moseley

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

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

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

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

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

Note Correction to Part I of this Series

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

See also:

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

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

Farmers and Chapter 12

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

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

Want to learn more about Chapter 12?

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

Topics include:

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

Register NOW!

barnfarm
petitionbankruptcy

Study of Continued Interest

Personal Bankruptcy Decisions Before and After Bankruptcy Reform

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

UST Has Multiple Trustee Positions Posted

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

About Income Tax Changes

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

CFPB In The News

(Not password protected)

CFPB Cripples New Rules for Payday Loans

foryourblog

For Your Blog

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

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

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

In Case You Missed It . . .

Meet Another Trustee

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

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

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

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

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

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

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

See also:

Farmer Bankruptcies Swell to Decade High in Farm Belt

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

And note Act2’s new Twitter account – @farmfreshstart

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

Want to learn more about Chapter 12?

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

Topics include:

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

Register NOW!

And note Act2’s new Twitter account – @farmfreshstart

barnfarm
michelehatcher

Meet Another Trustee

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

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13

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

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

Chapter 7

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

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

boltz

Worth repeating . . .

Eviction Diversion Programs and Chapter 13 Bankruptcy

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

nactt 2019 conference

irs

About Income Taxes

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
February 4, 2019
Archives
hildebrand

Critical Case Comment

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

Avoidance Powers in Chapter 13 – Part 6 of 6

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

Eviction Diversion Programs and Chapter 13 Bankruptcy

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018)
“With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis.”
January 28, 2019
Archives
KathryneShaw

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

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

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

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

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

gustafson

Avoidance Powers in Chapter 13 – Part 5 of 6

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

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

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont
Many of you have asked for guidance. Here, Trustee Sensenich offers options for trustees and practitioners in these uncharted waters.
January 21, 2019
Archives

 

ahern_larry

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

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

Avoidance Powers in Chapter 13 – Part 4 of 6

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

Meet Another of the New Trustees

On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio replacing retiring Toby Rosen who served in this position for 30 years.
January 14, 2019
Archives
KathryneShaw

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

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

From the Editor

Bankruptcy Protections Limited for Repeat Filers

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

Avoidance Powers in Chapter 13 – Part 3 of 6

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

Meet One of Our Newest Trustees

Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018
January 7, 2019
Archives
bowarrow

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

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

Avoidance Powers in Chapter 13 – Part 2 of 6

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