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November 24, 2014
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rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“You and I understand that affidavits are a way to provide written testimony and that swearing to an affidavit puts a person’s reputation for veracity on the line. But non-law-trained people might not understand that point.”
kiskin

I’m So Much Cooler Online: Using Social Media In Bankruptcy

By Katherine Iskin, Staff Attorney to Debra Miller, Trustee for South Bend and Fort Wayne, IN
A gem you will want to have for future reference. Attorney Iskin, expertly and concisely, outlines benefits and potential pitfalls in utilizing social media in your practice.

foyle

Supreme Court Grants Cert

By Larry Foyle, Kass Shuler, P.A., Tampa, Florida
supremecourt“The 11th Circuit determined . . . that because Dewsnup v. Timm only prohibited a Chapter 7 lien strip down situation and did not expressly involve a Chapter 7 lien strip off situation, that the 11th Circuit was not bound by the Supreme Court’s reasoning used in Dewsnup v. Timm . . .”Although a Chapter 7 issue, there are sexy chapter 20 lien strip implications.
gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 9 of 18

Developed by John Gustafson Prior to Judicial Appointment
Continuing the series developed for attorneys who represent Chapter 13 trustees.Part 9 is entitled: Update On Some Hot §109(e) Debt Limit Issues
training

Staff Training

Staff training and development is an ongoing issue faced by law and trustee offices alike. Click here for an article recently run by Monster.com you may want to share with your staff – People You Shouldn’t Get Close To At Work.The Academy also offers staff development resources in its Staff Training Webinar Library. Topics for every office such as:

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
jamesdavis

New Bankruptcy Forms: 22C-1 AND 22C-2

By James M. Davis, Attorney Representing Chapter 13 Trustee Henry E. Hildebrand, III, Nashville, TN
In this article, Attorney Davis has done an outstanding job of outlining the changes to Form 22C which is now two forms. Use of these forms is effective December 1st. For ease of printing, click here for a PDF of this article. This article is an excellent resource for para professionals who work with this, now these, forms every day.

November 17, 2014
Archives
hildebrand

Critical Case Comment

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

Trustee Hildebrand has outdone himself – this week we have a duo of CCCs. Two cases, same issue, two outcomes.

Case No. 1: A Chapter 13 trustee is entitled to calculate her commission based on receipts which include payments made toward the trustee’s own commission; the Chapter 13 trustee is entitled to the percentage fee commission on all receipts even when the case is subsequently dismissed.

Case No. 2: A Chapter 13 trustee is not entitled to collect a percentage fee on funds deposited with the trustee where the case is not confirmed and funds are returned to the debtor.

gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 8 of 18

Developed by John Gustafson Prior to Judicial Appointment
Continuing the series developed for attorneys who represent Chapter 13 trustees. Part 8 is entitled: If You Think You May Be Appealing, Or Appealed….
wbrown

From the Editor – Reopening Closed Case

By The Honorable William Houston Brown (Retired)

This week Judge Brown explores another new topic not previously covered here: Reopening Closed Cases. He looks at one Chapter 7 case and one Chapter 13 Case:

strongcross

National Loss Mitigation Summit

By Tammy Branson CBA, Senior Paralegal at BransonLaw PLLC, Orlando, FL
“On October 8, 2014 the first ever National Loss Mitigation Summit was held in Chicago, Illinois. . . . The Summit brought together judiciary and professionals with the goal to solve the national housing crisis.”
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
jamesdavis

New Bankruptcy Forms: 22C-1 AND 22C-2

By James M. Davis, Attorney Representing Chapter 13 Trustee Henry E. Hildebrand, III, Nashville, TN

In this article, Attorney Davis has done an outstanding job of outlining the changes to Form 22C which is now two forms. Use of these forms is effective December 1st. For ease of printing, click here for a PDF of this article. This article is an excellent resource for para professionals who work with this, now these, forms every day.

November 10, 2014
Archives

jamesdavis

New Bankruptcy Forms: 22C-1 AND 22C-2

By James M. Davis, Attorney Representing Chapter 13 Trustee Henry E. Hildebrand, III, Nashville, TN

In this article, Attorney Davis has done an outstanding job of outlining the changes to Form 22C which is now two forms. Use of these forms is effective December 1st. For ease of printing, click here for a PDF of this article. This article is an excellent resource for para professionals who work with this, now these, forms every day.

gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 7 of 18

Developed by John Gustafson Prior to Judicial Appointment
Continuing a bankruptcy primer series developed for attorneys who represent Chapter 13 trustees. Although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment or those exposed on a limited basis.Part 7 is entitled: In Chapter 13, Pioneer is Dead of Dysentery.
ted

The Language of Lying

by Noah Zadan for TEDEd
This five and a half minute YouTube video is well worth your time. Mr. Zadan offers a quick overview of behaviors indicative of lying.
mitchell

Loan Modification Options in Bankruptcy

bransonIn this EXCELLENT tutorial on mortgage modifications, experts Robert Branson, Esq., and Bill Mitchell, VP Lending Manager at Wells Fargo Home Mortgage teach about loan modification options and what to try if your client is declined. Various options are available to your clients. This webinar is directed toward anyone who participates in the loan modification process.
socialsecurity

From the Social Security Administration

(Not password protected)
numbers

The Numbers, They Are a Changin’ . . . EFFECTIVE NOVEMBER 1st

The U.S. Trustee Program has updated the Census Bureau’s Median Family Income Data and will apply the updated data to cases filed on or after Nov. 1. Click here for Data Required for Completing Form 22A and Form 22C.
November 3, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
dollarsignAnother offering from the ‘King of Critical Case Comments’ . . . The Federal government’s power to enforce the collection of fines and restitution trumps the statutory protections found in the automatic stay as to both the debtor’s property and property of the estate.
gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 6 of 18

Developed by John Gustafson Prior to Judicial Appointment
Continuing a bankruptcy primer series developed for attorneys who represent Chapter 13 trustees. Although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment or those exposed on a limited basis.Another self-explanatory section title, Part 6 is OH NO! NOT A SECTION ON ETHICS! BLEH! But the good news is that it is only 10 pages!!
wbrown

From the Editor – Lien Stripping

By The Honorable William Houston Brown (Retired)

Lien stripping caught Judge Brown’s attention this week. He reviews 2 cases – one from the Sixth Circuit and one from the Eighth:

mitchell

Loan Modification Options in Bankruptcy

bransonIn this EXCELLENT tutorial on mortgage modifications, experts Robert Branson, Esq., and Bill Mitchell, VP Lending Manager at Wells Fargo Home Mortgage teach about loan modification options and what to try if your client is declined. Various options are available to your clients. This webinar is directed toward anyone who participates in the loan modification process.
socialsecurity

From the Social Security Administration

(Not password protected)
October 27, 2014
Archives
gueck

Nevada Supreme Court Shakes Things Up

By Danielle N. Gueck-Townsend, Staff Attorney for Chapter 13 Trustee, Kathleen A. Leavitt, Las Vegas, NV

In a 4-3 decision, the Nevada Supreme Court held: (1) That the superpriority portion of an HOA lien enjoys true superpriority status so as to extinguish the first deed of trust upon foreclosure; & (2) An HOA may utilize non-judicial foreclosure.

Other States that should find this case of particular interest: Alaska, Alabama, Colorado, Connecticut, Minnesota, West Virginia

See also:

numbers

The Numbers, They Are a Changin’ . . . NEXT WEEK

The U.S. Trustee Program has updated the Census Bureau’s Median Family Income Data and will apply the updated data to cases filed on or after Nov. 1.

Click here for Data Required for Completing Form 22A and Form 22C.

gustafson

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 5 of 18

Developed by John Gustafson Prior to Judicial Appointment
Continuing the series which brings you, section by section, a bankruptcy primer developed for attorneys who represent Chapter 13 trustees. Although developed for staff attorneys, this outline serves as a valuable resource for anyone entering the bankruptcy environment or those who are only exposed to bankruptcy on a limited basis.

Another self-explanatory section title, Part 5 is Conducting an Effective 341 Meeting.

wbrown

From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)
cfpb

News From the CFPB

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
socialsecurity

From the Social Security Administration

(Not password protected)
October 20, 2014
Archives
hildebrand

Critical Case Comment

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

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

Developed by John Gustafson Prior to Judicial Appointment

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

rapoport

Ask Ms. Ps & Qs

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

From the Editor – Classification and Cure of Defaults

By The Honorable William Houston Brown (Retired)

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

cfpb

News From the CFPB

(Not password protected)

In a report released 10/16, the CFPB recommends changes to the Bankruptcy Code. The Executive Summary states: “Policymakers . . . may wish to consider the impact of certain public policies . . . when evaluating steps to improve options for borrowers in distress, including whether changes to the treatment of private student loans in bankruptcy proceedings are reducing incentives for lenders and servicers to help borrowers avoid default.”Beginning on page 28 of the report, the CFPB spells out its recommendations.Click here for the full report.See also:

In other CFPB matters:

kornreich

Bankruptcy Judge Sought

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

stair

Stair Retires

October 13, 2014
Archives
sarahsmith

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

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

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

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

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Although Judge Brown was attending the annual NCBJ conference, he penned two case synopsis regarding property of the estate and exemptions:

sdart

Welcome New Academy Member

It’s a small world. Although Samuel J. Dart will be working for Chapter 13 Trustee David Howe, prior to his employment, he found and joined the Academy via word of mouth. Click here to read Sam’s story. Sam, Welcome to the Academy!
October 6, 2014
Archives
conversion

The Case is Converted. Now What?

By Jeremy Gugino, Chapter 7 Trustee, Boise, ID

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

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

gustafson

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

Developed by John Gustafson Prior to Judicial Appointment

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

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

September 29, 2014
Archives
gustafson

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

Developed by John Gustafson prior to Judicial Appointment

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

FROM THE COURTS

 

 

statistics

STATISTICS (Not password protected)

Amount of Bankruptcy Cases Goes Down, While Filing Fees Rise

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

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected)
September 22, 2014
Archives
hildebrand

Critical Case Comment

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

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

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

Glitches, Complaints Plague Ocwen, Other Mortgage Servicers

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

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

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

September 15, 2014
Archives
rapoport

Ask Ms. Ps & Qs

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

Questioning Brunner’s Validity

By William H. Brown, Adviser, Academy for Consumer Bankruptcy Education
Judge Brown takes a hard look at Brunner – then and now.
September 8, 2014
Archives
wbrown

Some Questions After Clark v. Rameker

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

Can Negative Projected Disposable Income Offset Positive Projected Disposable Income?

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

From the Editor – Two Specific Issues

By The Honorable William Houston Brown (Retired)

This week Judge Brown is thinking about two issues:

September 1, 2014
Archives
morris

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

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

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

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

Discharge of Debt Does Not, Necessarily, Remove Secured Lien

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

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

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

Critical Case Comment

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

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected)