August 22, 2016
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“The ABA has taken on the cause of demeaning behavior in its new ethics rule by adding a clause to Rule 8.4 . . .”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Creditor’s withdrawal of a proof of claim does not render an application to disallow the claim as moot.
chutzpah

‘Chutzpah of the Year’ Award?

(Not password protected)
Debtor who sought to reaffirm a debt — secured by Jaguar bought just before filing for bankruptcy — might be a candidate for the “Chutzpah of the Year” award.
katystech

From the Wall Street Journal

(Not password protected)

College May Keep Tuition Money Paid by Bankrupt Parents, Judge Rules

Sacred Heart University can keep money in bankruptcy of Steven and Lori Palladino tied to Ponzi scheme.
financialliteracy

Opposite of Sanctions/Irony/Fraud

(Not password protected)
suicide
In response to the feedback we received regarding the topic below, The Academy is requesting your assistance. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy would like to create a database for all states. Click here to send us the information or email Ms. Logsdon at Regina.Logsdon@ConsiderChapter13.org.

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)
Helpful Resources:

Feeling like you need someone to talk to? Don’t wait. Contact a friend. Contact a colleague. Contact a professional. Contact your state or local bar association. Most state bar associations have programs in place just for YOU.

dollarsigns
IN CASE YOU MISSED IT…

Critical Case Comment

By Academy Staff
When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors.
August 15, 2016
Archives
dollarsigns

Critical Case Comment

By Academy Staff
When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors.
Bill-Brown

From the Editor – Property of the Estate

By The Honorable William Houston Brown (Retired)
suicide

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)
Helpful Resources:

Feeling like you need someone to talk to? Don’t wait. Contact a friend. Contact a colleague. Contact a professional. Contact your state or local bar association. Most state bar associations have programs in place just for YOU.

blackrobes

From the Courts

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Just for fun . . . Justice Sandra Day O’Connor on Why Judges Wear Black Robes – The Supreme Court icon breaks down the tradition
dogescrow

Webinar: Escrow Analysis Beyond the Basics

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Did you know that as part of your Academy membership, you have full access to an entire library of training opportunities?“Escrow Analysis Beyond the Basics” drills down, analyzing common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes, and answer viewer questions.

cfpb

From the CFPB

(Not password protected)
BeverlyBurden

The CFPB: Practice Tips and “OMG!” Lessons from the 2016 NACTT Annual Conference

 By Beverly Burden, Chapter 13 Trustee (Lexington)
“Don’t ignore this topic; it’s important for bankruptcy practitioners to know about the Consumer Financial Protection Bureau (CFPB) and educate their clients (whether consumers or creditors).”
hildebrand
IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions.Eww ‘sanctions,’ our favorite topic!

August 8, 2016
Archives

audiorecordings

ANOTHER GREAT NACTT CONFERENCE

If you weren’t able to attend the 2016 NACTT Seminar in Philadelphia, or if you had a hard time choosing between the great breakouts, or you attended a breakout with such great information you want to hear it again, PRE-ORDER the recordings NOW . . . before you forget.

The attached form shows an Academy member price and a non-Academy member price. The non-Academy member price includes the recordings AND ONE FULL YEAR of full access to ALL of the resources at ConsiderChapter13.org – a $76 savings over the regular annual membership price.

Video DVDs and Audio CDs Available

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions.   Eww ‘sanctions,’ our favorite topic!
bowarrow

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

By Academy Staff
“There is little doubt that conversion of non-exempt assets into exempt assets is one aspect of ‘bankruptcy planning’. The Committee notes attendant to the enactment of the Code in 1978 acknowledge that conversion of non-exempt assets into exempt assets on the eve of filing is not itself wrongful.”
nclc

NCLC Solicits Nominations for Vern Countryman Award

“A top national honor for consumer lawyers, to an attorney whose career work has significantly contributed to the rights and well-being of low-income consumers.”

Deadline for completed nominations is Friday, August 26

robot

Danger Will Robinson! Lost in Space – Navigating a Debtor Through a Chapter 13 Case

By Pam Bassel, Chapter 13 Standing Trustee, North Richland Hills, TX
REMINDER: This detailed outline on post-confirmation modifications to surrender of property can be found in The Toolbox, Post-Confirmation category.
foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here is an item you may find of interest and may want to share with your clients:

debt

Student Loan Chronicles

(Not password protected)
treasurydept

From the Treasury Department

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Guiding Principles for the Future of Loss Mitigation: How the Lessons Learned from the Financial Crisis Can Influence the Path Forward

A White Paper from the Treasury Department

cfpb

From the CFPB

(Not password protected)
GilWeisman

IN CASE YOU MISSED IT…

Dischargeability Litigation: Defining Fraud and Examining Discharge Exceptions

By Gilbert B. Weisman, Becket & Lee, Malvern, PA
Another product of the NACTT conference is this detailed piece by Gil Weisman on the applicable statutes regarding dischargeability litigation.
July 25, 2016
Archives
PhilLamos

Bitcoins and Bankruptcy

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

“In my almost 20 years at the Trustee’s office I’ve had to put a value on everything from a 1962 Ford Falcon to a song copyright to a collection of hermit crabs, and now there is something new to value: Bitcoin. What is Bitcoin?”

The NACTT offered a fabulous speaker this year – a Special Agent from the FBI. He did his best to explain Bitcoin and other cyber related crimes.

Attorney Lamos’ article is a MUST READ. Like it or not we HAVE to learn this . . .

GilWeisman

Dischargeability Litigation: Defining Fraud and Examining Discharge Exceptions

By Gilbert B. Weisman, Becket & Lee, Malvern, PA
Another product of the NACTT conference is this detailed piece by Gil Weisman on the applicable statutes regarding dischargeability litigation.
KristenKoo

The Automatic Stay

By Kristen A. Koo, Esq., Senior Staff Attorney for Jan P. Johnson, Chapter 12 and Chapter 13 Trustee
Ms. Koo offers us a look at the automatic stay. This article offers a well written rudimentary look at the automatic stay. It is directed toward new employees or perhaps non-bankruptcy attorneys who need a quick tutorial.
dangerwill

Danger Will Robinson! Lost in Space – Navigating a Debtor Through a Chapter 13 Case

By Pam Bassel, Chapter 13 Standing Trustee, North Richland Hills, TX
The Academy is pleased to present this detailed paper from Trustee Bassel on post-confirmation modifications to surrender of property. Instead of breaking this into parts, we will run, in toto, for one more week.
courthouse

From the Courts

(Not password protected)
United States Bankruptcy Court for the Eastern District of Michigan is accepting employment applications for a term law clerk position in Detroit. Applications DUE 7/29/16.
debt

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Paralegal Who Stole From Firm Accused of Violating Probation

Montclair Man Defrauded Music Star Out Of Millions, Feds Allege – The business manager for R&B singer Ne-Yo was indicted by a federal grand jury last week, charging that he induced the singer to make a $2 million business investment under false pretenses and then invested more without his knowledge as the company foundered.

Financial Fraud Is Hammering Retirees, To The Tune of $36 Billion A Year

U.S. Regulator Fines Santander $10 Million For Overdraft Practices

July 18, 2016
Archives
hildebrand

Critical Case Comment

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

The Supreme Court’s holding in Harris v. Viegelahn requires the trustee to return funds to the debtor upon conversion of the case whether the case is converted before or after confirmation. (Jacobvitz)

Trustee Hildebrand’s analysis of In re Beauregard is a must read . . . especially for attorneys who represent debtors.

More on Returning Funds

(Not password protected)
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Why “Wet” Signatures?

“. . . in the rest of the business world, people can sign documents electronically, so why won’t bankruptcy courts allow debtors to e-sign? Why do they require ‘wet’ signatures?”

Ritchey Craig Sworn In

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craigThe Honorable Lisa Ritchey Craig joined the United States Bankruptcy Court for the Northern District of Georgia on Thursday, March 24, 2016.
nclc

From the NCLC

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Toxic Transactions: How Land Installment Contracts Once Again Threaten Communities of Color

“This NCLC report documents a new wave of predatory real estate lending, previously peddled to African-Americans during the 1930s to 1960s . . .”

debt

Student Loan Chronicles

(Not password protected)
  • New Student Debt Rules Trigger Frenzy – Obama administration is moving ahead with new regulation that could make it easier for students to seek forgiveness of their federal student loans.
July 11, 2016
Archives
KarinAmyx

Are Statutory Penalties for Overpayment of Unemployment Insurance Benefits Dischargeable in Chapter 13?

By Karin N. Amyx, Staff Attorney, Laurie B. Williams, Standing Chapter 13 Trustee – Wichita
“ . . . , with unemployment benefit agencies becoming more active nationwide, knowledge of these cases may be a useful tool for practitioners, especially in states with hefty statutory penalties for fraudulent overpayment of UI benefits.”
morgan-king

Holding: IRS Did Not Abuse Its Discretion in Denying Debtor’s Offer-In-Compromise While Bankruptcy Case Was Pending

By Morgan D. King, Esq. Dublin, CA
“ . . . , an offer-in-compromise must include all of the outstanding liabilities of the taxpayer.”
joe-scott

Passing of The Honorable Joseph M. Scott, Jr. (Retired)

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Chief Judge Tracey Wise: “With deep sadness, we share the passing of the Honorable Joseph M. Scott, Jr. (Retired). Judge Scott was a brilliant scholar, masked often by his hearty sense of humor. His commitment to public service was evident in the fair and compassionate manner in which he dispensed justice to those who appeared before him. In addition to his family, friends and colleagues, he will be dearly missed by his court family.”Judge Scott served as bankruptcy judge in the Eastern District of Kentucky from 1999 to 2012.
courthouse

From the Courts

(Not password protected)
foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here are a few items you may find of interest and may want to share with your clients:

July 5, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
“A Chapter 13 debtor may not “vest” property in a secured creditor without that creditor’s consent.”
leffler

When Things Don’t Go According to the Plan

Rule 3002.1: A Case Odyssey

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

Provided for by the plan . . . outside the plan . . . cure and maintain . . . maintenance only . . . AGH!!!

Attorney Leffler explains the most recent case law.

presidentseal
June 27, 2016
Archives
cmoran

Chapter 13 To The Rescue In Ruinous Business Lawsuit

By Cathy Moran, Moran Law Group, Mountain View, CA
‘. . . because the targets of these lawsuits filed bankruptcy before they had spent a fortune on legal fees and before the court had a chance to award huge damages, they fit beneath the Chapter 13 debt limits.”
Bill-Brown

From the Editor – Modification of Plan

By The Honorable William Houston Brown (Retired)
farmlife

Chapter 12 – Still Making a Difference

(Not password protected)
justia

Justia Looks at a Chapter 13 Case

(Not password protected)
Missouri v. Spencer, No. 15-6030 (8th Cir. 2016)
presidentseal
foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here are a few items you may find of interest and may want to share with your clients:

RandolphRobin

IN CASE YOU MISSED IT…

Chapter 13: Getting to Completion

By Robin R. Randolph

“ . . . A deeper study, however, of chapter 13 plan completion rates at the federal judicial district level reveals successes that should be duplicated in every district. For example, some individual districts have consistently demonstrated at least a 50% chapter 13 plan completion rate as determined by cases closed between fiscal years 2005 and 2014 . . .”Like Judge Lynch**, Ms. Randolph looks at the positive statistics of Chapter 13.** See also, Measuring Success in Chapter 13 By Brian D. Lynch, Chief Bankruptcy Judge, Western District of Washington

NEW ON THIS TOPIC:

Federal Judge Speaks on Misconceptions About Bankruptcy

June 20, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
A great surprise to celebrate the First Day of Summer . . . another Critical Case Comment from Henry Hildebrand.“Where a case converts to Chapter 7 from a Chapter 13, all post-petition, pre-conversion homeowners’ assessments and fees are nondischargeable pursuant to § 523(a)(16).”
RandolphRobin

Chapter 13: Getting to Completion

By Robin R. Randolph

“ . . . A deeper study, however, of chapter 13 plan completion rates at the federal judicial district level reveals successes that should be duplicated in every district. For example, some individual districts have consistently demonstrated at least a 50% chapter 13 plan completion rate as determined by cases closed between fiscal years 2005 and 2014 . . .”Like Judge Lynch**, Ms. Randolph looks at the positive statistics of Chapter 13.

** See also, Measuring Success in Chapter 13 By Brian D. Lynch, Chief Bankruptcy Judge, Western District of Washington

debt

Student Loan Chronicles

(Not password protected)
Kevin-Ball

Book Review

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Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan

Bankruptcy law is a major part of the American legal landscape. More than a million individuals and thousands of businesses sought relief in the United States’ ninety-three bankruptcy courts in 2014, more than twenty-seven thousand of them in the Eastern District of Michigan. Important business of great consequence takes place in the courts, yet they ordinarily draw little public attention. In Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan, Kevin Ball takes a closer look at the history and evolution of this court.Dr. Ball may look familiar to many of you . . . he is the husband of Chapter 13 Standing Trustee Krispen Carroll.
foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here are a few items you may find of interest and may want to share with your clients:

Five Bankruptcy Myths Dispelled

Turn a New Financial Leaf When Emerging from Bankruptcy

Those with Best Credit Scores Dominating Today’s Mortgage Market

June 13, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
“A Chapter 13 debtor may not “vest” property in a secured creditor without that creditor’s consent.”
fairlie

Motions to Extend the Stay: Coming to a Casino – or a Chapter 13 – Somewhere Near You? Part I of II

Motions to Extend the Stay: Coming to a Casino – or a Chapter 13 – Somewhere Near You? Part II of II

By Zachary Fairlie, Law Clerk to the Hon. Cynthia A. Norton1, W.D. of Missouri at Kansas City
“Motions to extend the stay have been in the news lately. A primer on such motions may be helpful if you represent debtors in the right circumstances.”The Academy is pleased to offer another long-term resource. In the future, this outline can be found under the Toolbox menu option, Definitions tab.
cfpb

From the CFPB

(Not password protected)
CFPB Unveils New Know Before You Owe Auto Loan Shopping Sheet – Online Guide and Shopping Sheet Help Consumers Evaluate Costs and Shop for Auto Loans
congrats

CardHub Predicts Surge in Outstanding Credit Card Debt by End of 2016

(Not password protected)
The latest Credit Card Debt Study: Trends & Insights for the first quarter shows average indebted households continue to approach unsustainable balances. Outstanding credit card debt balances could reach $1 trillion by the end of this year, according to projections from CardHub in its latest Credit Card Debt Study: Trends & Insights and data from the first quarter of 2016.
congrats

THE OPPOSITE OF Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Watch John Oliver Forgive $15 Million in Debt – Last Week Tonight’ host trumped Oprah with giveaway during segment about horrors of debt-buying industry.

Attention Human Resources Departments

(Not password protected)
brokenpc

We had such a large response to this article, we are running it again.

Involuntary Conversion of Computers to Windows 10

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Fearing Forced Windows 10 Upgrades, Users Are Disabling Critical Updates Instead – Some Windows 7 and 8 users would rather chance a malware infection than an involuntary Windows 10 upgrade.How to Uninstall the Windows 10 ‘Recommended’ Update and Go Back to Windows 7 or 8.1(If you have recently had a computer unexpectedly ‘die’ on you . . . try deleting Windows 10. It happened to one of my personal computers. Computer appeared as though the video card had gone out . . . turns out it was Windows 10 . . . For what it’s worth, Regina Logsdon)

June 6, 2016
Archives
lynch-brian

Measuring Success in Chapter 13

By Brian D. Lynch, Chief Bankruptcy Judge, Western District of Washington
“I believe that trustees and practitioners are missing opportunities to point out the real, practical ‘successes’ that can be found from chapter 13 when relevant measurements are used.”
Pamela Simmons Beasley

Meet the New Trustee

(Not password protected)

On January 1, 2016 Pamela Beasley-Simmons assumed the Chapter 13 trusteeship in Columbia, SC after the retirement of Joy S. Goodwin. She loves the fact that the trusteeship allows her to draw on work experiences prior to becoming an attorney including human resources management.

Read Ms. Beasley-Simmons inspiring story

cfpb

From the CFPB

(Not password protected)

CFPB Proposes Rule to End Payday Debt Traps – Rule Would Require Lenders to Determine Whether Consumers Have the Ability to Repay Payday, Auto Title, and Certain Other High-Cost Loans

Federal Consumer Watchdog Takes Aim at Payday Lenders with Proposed Rules

yield

FDCPA

(Not password protected)
Proceed with Caution: 11th Circuit Holds Debt Collectors May Face Penalties under FDCPA for Filing Proofs of Claims in Bankruptcy for Time-Barred ClaimsSee also, From the Editor – Claims and Fair Debt Collection Practices ActFor other items on this topic, use the ‘search’ feature mid-upper right corner of homepage. For example, the word ‘stale’ brings up a list of Academy resources.
congrats

THE OPPOSITE OF Sanctions and Irony and Fraud, Oh My!

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

Five Facts About the Small Business Health Care Tax Credit

If you are a small employer, there is a tax credit that can put money in your pocket. The small business health care tax credit benefits employers that . . . (You may actually want to glance at this one . . . it is for employers with LESS than 25 employees.)

Involuntary Conversion of Computers to Windows 10

(Not password protected)

Fearing Forced Windows 10 Upgrades, Users Are Disabling Critical Updates Instead – Some Windows 7 and 8 users would rather chance a malware infection than an involuntary Windows 10 upgrade.

How to Uninstall the Windows 10 ‘Recommended’ Update and Go Back to Windows 7 or 8.1

(If you have recently had a computer unexpectedly ‘die’ on you . . . try uninstalling Windows 10. It happened to one of my personal computers. Computer appeared as though the video card had gone out . . . turns out it was Windows 10 . . . For what it’s worth, Regina Logsdon)

May 30, 2016
Archives
kaplan_michael

Supreme Court Corner

SCOTUS Expands Definition of “Actual Fraud”

By Hon. Michael B. Kaplan, United States Bankruptcy Judge, U.S. Bankruptcy Court, District of New Jersey (Trenton)

“Justice Thomas, writing as the lone dissenter, argued that the Court’s ruling was incompatible with the plain language of the statute, specifically the “obtained by” requirement found in § 523(a)(2).”Background article:

Actual Fraud Under § 523(a)(2)(A): Circuits Split Over the Necessity of a Misrepresentation

LaceyBryan

Pigs, Hogs & Nest Eggs: When Is It “Too Much, Too Late” for Retirement Fund Contributions in Chapter 13?

By Lacey S. Bryan, Staff Attorney at the Office of Lonnie D. Eck, Chapter 13 Trustee, Tulsa, OK
“. . . when a Chapter 13 filing is on the horizon, or even after the petition has been filed, can debtors begin to rebuild their nest egg at the expense of their unsecured creditors?”
nclc

National Consumer Law Center

(Not password protected)
cfpb

From the CFPB

(Not password protected)
overdraft
loans

For Your Blog

(Not password protected)

When Paying Off Student Loan Debt, New Grads Should Avoid These Five Mistakes

If you like this new feature, please let us know. Click here and tell us what you think.

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)
May 23, 2016
Archives
hildebrand

Critical Case Comment

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

When a Chapter 13 plan specifically provides that payments which are to adjust to accommodate changes in mortgage payments, it is the duty of the Chapter 13 trustee to make certain that those payments are adjusted, both by debtors to the trustee, and to creditors.

Click here for Order
Click here for the Appeal

Judge-Waites

Creative Options for Student Loans in Chapter 13

laurie-weatherford-copyIn this excellent 90-minute presentation, experts John E. Waites, Judge United States Bankruptcy Court for the District of South Carolina; practitioner Lewis Roberts from Altamonte Springs, Florida; and Chapter 13 Standing Trustee Laurie Weatherford discuss options regarding student loans: Chapter 20, mediation, separate classification, and MORE.

BONUS:

Follow-up question from the webinar: For student loans in default, without a Ford program or consolidation, separate classification may not be reasonable. In other words, are there grounds for separate classification for loans in default?

Lewis RobertsAnswer: A debtor might use § 1322(b)(5) as a means of curing the default through Chapter 13 payments, while maintaining regular payments. Maintaining regular payments may require a separate classification for the student loans (depending upon how much you are paying other unsecured creditors). So I think there are grounds to use separate classification as a part of the process to cure the default. If the debtor’s plan provides for this process and is confirmed AND makes the payments- the default can probably be cured.

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

 

nclc

National Consumer Law Center

(Not password protected)

Report: HUD’s Sales of FHA-Defaulted Mortgage Loans Benefit the Big Mortgage Servicers and Hedge Funds While Homeowners Lose

National Consumer Law Center Documents the Negative Impact on Homeowners and Recommends Improvements to Preserve Homeownership and Stable Communities

overdraft
socialmediaicons

Estate Planning

(Not password protected)

New Law Targets Social Media Accounts of Dead

While estate planning is certainly not a general part of our bankruptcy world, this particular item hits home to many of us with aging parents. What happens to a deceased person’s twitter account? Facebook page? The Connecticut Legislature seems to be addressing this issue.

debt

Student Loan Chronicles

(Not password protected)

One Word in Bankruptcy Law That Could Lead to More Forgiven Student Loans – Law professor pushes for softer interpretation of the word ‘undue’

The Battle of the Student Loan Discharge

May 16, 2016
Archives
PhilLamos

Bitcoins and Bankruptcy

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

Most of you saw the word ‘Bitcoin’ and were inclined to skip to the next article. This is a MUST READ. Like it or not we HAVE to learn this . . .

“In my almost 20 years at the Trustee’s office I’ve had to put a value on everything from a 1962 Ford Falcon to a song copyright to a collection of hermit crabs, and now there is something new to value: Bitcoin. What is Bitcoin?”

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport, UNLV

“My apologies for my hiatus . . . let’s roll up our collective sleeves and get back to business . . .
In the case of In re Anderson . . ., the Bankruptcy Court filed an Order to Show Cause against the attorney . . .”
Another MUST READ. The case in question fits nicely at the top of the ‘you can’t make this stuff up’ list.

cfpb

From the CFPB

(Not password protected)
artificialintelligence

Ai-Yi-Yi

(Not password protected)
google

Way To Go Google!

(Not password protected)
Google: Payday Loans Are Too Harmful to Advertise – The search engine’s new policy will hurt companies pitching high-interest loans, but how will it affect borrowers?Same topic: Google To Ban Payday Loan AdvertisementsRelated: Feds: Payday Lender Charged 700 Percent Interest On Loans
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
overdraft

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here is an item you may find of interest and want to share with your clients: 5 Ways To Cut Costly Overdraft Fees

If you like this new feature, please let us know. Click here and tell us what you think.

deptjustice

From the Department of Justice

(Not password protected)
irs

From the IRS

(Not password protected)

IRS Scam Really Becoming Common – Please Warn Your Clients, Your Parents, Your Friends

Beware: IRS Phone Scam Warning

A Real-Life Tax Scam: This Is What IRS Phone Fraud Sounds Like

This Is What an IRS Scam Phone Call Sounds Like

debt

Student Loan Chronicles

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Minnesota Attorney General Seeks Loan Forgiveness For Students Of Now-Closed Anthem College – The for-profit college, accused of inflated claims, went bankrupt.Ellen Degeneres Stumbles Into The Student Debt Debate- Student debt activists tangle with DeGeneres over segment featuring University of Phoenix Vermont House Asks Congress to Let Student-Loan Borrowers File for BankruptcyParents Tell Kids to Borrow More for College – Teens must take out bigger loans, a new survey shows, worsening the student debt crisis.Half of American Families With Student Loan Debt Delay Saving For Retirement
May 9, 2016
Archives
hildebrand

Hank Wins One at the BAP

What’s a governmental creditor to do when a court finds that the state’s own laws do not permit the government to recover the funds to which it believes it is entitled? Clearly, the state changes the law.See also:
6th Cir. Affirms Lower Bankruptcy Ruling, Punts Constitutionality
texas

ATTENTION HOUSTONIANS

Our sympathies regarding your recent flooding. Even the IRS has weighed in , . . IRS Provides Tax Relief to Houston Area Storm Victims; Tax Deadline Extended to Sept. 1
gustafson

Section 522(f) and the Distinction Between Tractors and Mowers: Which Way Does the Law(n) Cut?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

lawnA comical look at In re Evans, a real case . . . seriously, you GOTTA read this one!NEW THIS WEEK: Check out the comments section at the bottom of the article page. Judge Gustafson has provided some additional legal context for the article/case.

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caution

Exemptions and Other Pitfalls – Part 6 of 6 – From the Perspective of a Chapter 7 and Chapter 13 Trustee

By Pam Bassel, Trustee and Heena Hirani, Staff Attorney, Office of the Standing Chapter 13 Trustee North Richland Hills, TX

The conclusion of Trustee Bassel and Attorney Hirani’s comprehensive look at exemptions and pitfalls concludes with a look at Payments Under The Chapter 13 Plan and the Ripple Effect.This excellent outline, first prepared for the Texas Bar CLE 31st Annual Advanced Consumer Bankruptcy Course, can be found under The Toolbox menu item, Exemptions tab.

debtcollection

From Credit Slips

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
barbershop

For Your Blog

(Not password protected)
Attention Debtor Attorneys: For those of you who follow Carmen Dellutri’s advice and do email and/or blog marketing, attached is a notice from the IRS you might want to consider using. It is directed to Barber and Beauty Shop owners. Take a look.
cfpb

From the CFPB

(Not password protected)
CFPB Proposes Prohibiting Mandatory Arbitration Clauses That Deny Groups of Consumers Their Day in Court – Bureau Seeks Comment on Proposal to Ban a Contract Gotcha that Prevents Groups of Consumers from Suing Consumer Financial Companies
debt

Student Loan Chronicles

(Not password protected)
May 2, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Nashville, TN
Creditor Attorneys, this one’s for you.Where a mortgage servicer ignores various motions seeking to treat its claim as unsecured, the servicer is precluded from challenging that holding at the end of a Chapter 13 case.
gustafson

Section 522(f) and the Distinction Between Tractors and Mowers: Which Way Does the Law(n) Cut?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

lawnA comical look at In re Evans, a real case . . . seriously, you GOTTA read this one!

 

caution

Exemptions and Other Pitfalls – Part 5 of 6 – From the Perspective of a Chapter 7 and Chapter 13 Trustee

By Pam Bassel, Trustee and Heena Hirani, Staff Attorney, Office of the Standing Chapter 13 Trustee North Richland Hills, TX
Part 5, another short installment, looks at the Ripple Effect of the Sale of a Homestead and Other Questions.This excellent outline, first prepared for the Texas Bar CLE 31st Annual Advanced Consumer Bankruptcy Course, can be found under The Toolbox menu item, Exemptions tab.
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Public Access to Court Electronic Records

(Not password protected)
PACER Fees Unlawfully High, Nonprofits Say in Class Action – Lawsuit accuses federal judiciary of overcharging for court records searches.
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From the Supreme Court

(Not password protected)
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Sanctions and Irony and Fraud, Oh My!

(Not password protected)
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From the CFPB

(Not password protected)
Feds Take Action to Stop Illegal Debt Collection Practices by Morris County “Lawsuit Mill” – Law Firm, Debt Buyer Must Pay Total of $2.5 Million to CFPB Civil Penalty Fund
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Snopes Weighs in on Medical Debt Causing People to File Bankruptcy

(Not password protected)
Money, Cash, Throes: A popular meme holds that 643,000 Americans go bankrupt every year over medical bills, but the underlying math is elusive.
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IMPORTANT ANNOUNCEMENT

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Means Test: Revised Multipliers and IRS Standards Apply to Cases Filed On or After May 1, 2016

The Administrative Expense Multipliers and IRS’s National Standards for Allowable Living Expenses and Local Standards for Transportation and Housing and Utilities Expenses have been updated.Click here for a complete resource.
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IN CASE YOU MISSED IT…When Things Don’t Go According to the Plan

Rule 3002.1: A Case Odyssey

By Mark C. Leffler, Boleman Law Firm (Richmond, VA)
Provided for by the plan . . . outside the plan . . . cure and maintain . . . maintenance only . . . AGH!!!Attorney Leffler explains the most recent case law.