NACTT NEW Orleans Registration Now Available
View the detailed Program, styled like a rich Creole menu and see all the hot topics being offered. Trustees Nancy Whaley, John Gustafson and Jan Sensenich, along with Judge Randall Dunn, will give attendees the naked truth about lien stripping and how to avoid defective mortgages.

The 1911 Bar Exam
By Prof. Mark Yochum, Duquesne University School of Law
Think the 1911 bar exam would be a piece of cake? Think again.
“The first part tests literature, mathematics, history, and geography. Can you discuss Hamlet and its significance? Can you name all the Presidents in order and note something significant in their administration (in 1911, you need only make it to Taft)? There was extensive testing of your Latin skills, grammar, vocabulary and translation; how is your Caesar, Virgil, Cicero?”

Critical Case Comment:
by Hank Hildebrand, Chapter 13 Trustee Middle District of Tennessee
In re Carr, 2012 WL 930337 (Bank. E.D. Va., Mar. 19, 2012) (Mayer)
A fee allegedly incurred by a mortgage servicer in responding to a Trustee’s notice of final cure pursuant to Rule 3002.1 was unreasonable and would not be allowed.

We have to do what? Really?
Our Critical Case Comments on Sheppard (published 5/7/12) and Carr (above) reflect the topic to be discussed in this Friday’s webinar on the new proofs of claim rules. Register now.

Three Cheers for Puffer
By Cathy Moran, Moran Law Group, Mt. View, CA
“The most lamentable consequence of BAPCPA is the increase in the cost to the debtor for capable representation.”

New Addition to the Brief Bank:
Thank you Mark Leffler of Boleman Legal Solutions for this week’s brief. Issue Added: Debtor’s Opposition to Motion for Relief (regarding post-petition condominium association dues)

Recording Archived: Consider It Complete, Case Closings Webinar Now in the Academy Archives

Attention All Litigators:
In conjunction with the NACTT annual conference, the NACTT is pleased to once again offer the Advanced Consumer Bankruptcy Practice Institute. This intensive day and one-half program will transform good litigators into great ones and great litigators into excellent ones. This program is designed for both beginning and experienced trial practitioners.

Critical Case Comment:
by Hank Hildebrand, Chapter 13 Trustee Middle District of Tennessee
In re Sheppard, 2012 WL 1344112 (Bank. E.D. Va., Apr. 18, 2012) (Huennekens) 
A mortgage creditor is not obligated to include in the 3002.1 notice of additional fees and expenses those fees and costs which have previously been disclosed to and awarded by the Court.

Till v. SCS Credit Corporation, 541 U.S. 465 (2004)
By Professor M. Jonathan Hayes
Issue: How do you compute the proper interest rate to pay a dissenting undersecured creditor in a chapter 13 Plan?

Stripping Without A Discharge: As Sexy As Bankruptcy Gets
By John Gustafson, Chapter 13 Trustee, Northern District of Ohio, Western Division
In the fall of 2011, John Gustafson shared with Academy members a detailed writing on lien stripping. This week, we replace that document with an up to the minute update.

New Addition to the Brief Bank:
This week’s addition to the brief bank comes from Daniel Hitchcock. Mr. Hitchcock is a member of Wyatt, Tarrant & Combs (Lexington, KY) Bankruptcy and Creditors' Rights Service Team. He concentrates his practice in the areas of state creditor rights and bankruptcy, representing creditors and trustees in Chapter 11, 7 and 13 cases and adversary proceedings. Seafort v. Burden, 669 F.3d 662 (6th Cir 2012) is a Chapter 13 Trustee’s winning brief to the Sixth Circuit Court of Appeals and addresses whether income available after the debtors repaid their 401(k) loans is property of the estate and projected disposable income that must be paid to unsecured creditors.

Shout out to attendees of the Kansas Bar Association bankruptcy seminar in Wichita. Be sure to check out ConsiderChapter13.org and sign up for our weekly e-newsletter.

NACTT NEW Orleans Registration Now Available
View the detailed Program, styled like a rich Creole menu and see all the hot topics being offered.

Important Reminder:  Don’t forget the Means Test numbers change for cases filed after midnight tonight (changes effective 5/1/12).  Click here for Median Income.  Click here for Expenses.

The Means Test for Chapter 13s – Line by Line – Part I (lines 1-12)
By John Gustafson, Chapter 13 Trustee, Northern District of Ohio, Western Division
In John’s usual immaculate style, we now embark on a detailed analysis of the Means Test for Chapter 13 cases.

Supreme Court Hears Oral Argument in RadLAX Hotel v. Amalgamated Bank
By Professor M. Jonathan Hayes
“At oral argument, the Supreme Court did not seem to be buying the debtor’s argument largely from a practical standpoint.”

New Addition to the Brief Bank - Issue Added:
Trustee’s Objection to Confirmation – Voluntary 401(k) contributions are not disposable income.

Does a Release of a Second Mortgage Make 7 a Better Option than 13? Tell Us Why.
Are lenders other than Chase releasing second mortgages? Does this make Chapter 7 a more attractive option than a lien strip in Chapter 13?

Shout out to attendees of the 25th Annual Northwest Bankruptcy Institute. It was a great conference and folks were very welcoming to the Academy. Congratulations drawing winners James Deal and Tom McGrath!!

NACTT NEW Orleans Registration Now Available
View the detailed Program, styled like a rich Creole menu and see all the hot topics being offered.

Advanced Consumer Bankruptcy Practice Training
The Indiana Continuing Legal Education Forum is pleased to offer the Advanced Consumer Bankruptcy Practice Institute – Trial advocacy training - May 14-16.

This week’s update is very different. The entire update is dedicated to “The Toolbox.” Check out the new additions to the Academy’s Toolbox! We are offering tools that will be useful to the novice practitioner as well as to seasoned attorneys and trustees. The Toolbox holds forms, checklists, worksheets, “how-to” guides, articles, and other useful reference material. Check it out each week and see what’s new! If you are looking for a particular form or guide, please let us know. And if you have forms to share, send them to us!

NACTT NEW Orleans Registration Now Available
View the detailed Program, styled like a rich Creole menu and see the hot topics being offered. Our own Tom King and Krispen Carroll, along with Alane Becket and Wayne Novick will discuss unsecured creditors and how Baud, Kagenveama, and Espinosa are playing out in every day practice
And be sure to check out your opportunity to participate in the Advanced Consumer Bankruptcy Practice Institute. Spots fill quickly for this intensive workshop..

Advanced Consumer Bankruptcy Practice Training
The Indiana Continuing Legal Education Forum is pleased to offer the Advanced Consumer Bankruptcy Practice Institute – Trial advocacy training - May 14-16.