November 28, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”

PhilLamos

Judge Suspends Rule Expanding Overtime for Millions of Worker

States effected by lawsuit: Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, Texas, Utah and Wisconsin, and the governors of Iowa, Maine and New Mexico.

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
This is a must-read article . . .

“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.”

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

helpfultips

Webinar Now Available – No Password Required

(Not password protected)

Tips on Production of Documents to the Trustee

Join UST Document Production Committee Members Edward Boltz, Dwayne Murray, Richard Nelson, and Mary Ida Townson, for a one-hour presentation on what documents Trustees (both 7 and 13) typically request prior to each 341 Meetings of Creditors. Additionally, hear directly from Doreen Solomon, Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice.

This webinar is directed to trustees, attorneys who represent trustees, and attorneys who represent debtors, although attorneys who represent creditors may also be interested.

helpwanted

From the UST

(Not password protected)
Chapter 13 Standing Trustee Opening
Location: Eastern District of Wisconsin, Milwaukee
Application Due Date: December 2, 2016

Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

NARCA

NARCA – The National Creditors Bar Association (NARCA) is a Trade Association Dedicated to Serving Law Firms Engaged in the Practice of Creditors Rights Law

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
procmanual

Administrative Procedures Manual Revised and Reorganized

(Not password protected)
As of November 17th, APM for the Eastern District of Kentucky is revamped.
November 21, 2016
Archives

thanks16
siomos

A Lost Cure

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)

“ . . . the Fourth and Ninth Circuit Courts of Appeals have thrown out that past understanding with the effect of increasing the cost of ‘cure’ or preventing it entirely.”

More from this author (all password protected):

PhilLamos

Based on the response to this article, apparently, many law and trustee offices don’t know about this new law. If you have employees earning under $47k per year, you need to read this article. If you are responsible for looking at debtor overtime pay, you need to read this article.

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

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

Attention Everyone, including, Office Managers – this is HUGE – if you haven’t already heard about this, you MUST read this one.

“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

HollyDavala

Can a Private Employer Make a Hiring Decision Based on an Applicant’s Bankruptcy?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“So the question to ask is, does the phrase ‘discriminate with respect to employment’ include hiring .decisions?”
4thdistrict

From the Fourth Circuit

(Not password protected)
helpwanted

From the UST

(Not password protected)
Chapter 13 Standing Trustee Opening
Location: Eastern District of Wisconsin, Milwaukee
Application Due Date: December 2, 2106

Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

(Not password protected)
Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016
creditslips

From Our Friends at Credit Clips

(Not password protected)
Creative Avoidance of Potential FDCPA Liability
(This one is for our creditor-side readers)
November 14, 2016
Archives
PhilLamos

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

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

Attention Everyone, including, Office Managers – this is HUGE – if you haven’t already heard about this, you MUST read this one.“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”
cmoran

Last Call For Loan Modifications Under HAMP

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA
“HAMP, the government program incentivizing home loan modifications, ends in 2016.” Are your clients ready?
uscourts

From the United States Courts

(Not password protected)
A Lifetime of Service
I came across a really cool page on the website of the US Courts. In honor of Veteran’s Day (which was Friday), take a look at these wonderful stories of Federal District judges who were WWII veterans.
irs

From the IRS

(Not password protected)

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016

surrender

IN CASE YOU MISSED IT . . .

“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

By Academy Staff
“The problem is, while Congress used the word “surrender” in multiple places, no place does Congress actually define “surrender” . . .”
November 7, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Repeated failure of a mortgage servicer to comply with the disclosure requirements of Rule 3002.1 justifies the imposition of significant sanctions against the servicer.”
surrender

“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

By Academy Staff
“The problem is, while Congress used the word “surrender” in multiple places, no place does Congress actually define “surrender” . . .”
ninthcircuit

Ninth Circuit Decision

(Not password protected)
irs

From the IRS

(Not password protected)
  • New Law Sets Jan. 31 W-2 Filing Deadline; Taxpayers Should Keep Copy of Return
    • Employers normally had until the end of February, if filing on paper, or the end of March, if filing electronically, to send in copies of these forms; but are now DUE January 31st.
    • Taxpayers should keep a copy of their tax return. Beginning in 2017, taxpayers may need their Adjusted Gross Income amount from a prior tax return to verify their identity.

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016

cmoran

IN CASE YOU MISSED IT . . .

Foreclosure Looms But The Bank’s Numbers Don’t Add Up

By Cathy Moran, Moran Law Group, Mountain View, CA
“The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their papers don’t add up.”
October 31, 2016
Archives
uscourts

U.S. Courts

(Not password protected)
Decline in Bankruptcy Filings Slowing (Finally, some good news!)11’s and 12’s are actually up from 2015!
franc

Non-Exempt Cash in Chapter 13: Vested or Not?

By Tiffany S. Franc, Esq. Staff Attorney to Nancy Spencer Grigsby, Chapter 13 Trustee
“. . . Debtors had non-exempt cash funds of $29,553.97 in their bank account. While not sufficient to pay 100% to their creditors alone, . . . was a substantial sum that could be paid much earlier than the proposed 60-month Chapter 13 plan. . . . the Trustee maintained that the non-exempt liquid asset should be turned over to the Estate.”
cmoran

Foreclosure Looms But The Bank’s Numbers Don’t Add Up

By Cathy Moran, Moran Law Group, Mountain View, CA
“The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their papers don’t add up.”
judgeLaney

As Time Marches On, So Does Bankruptcy Judge John Laney

(Not password protected)
Congratulations Judge Laney!U.S. Bankruptcy Court Judge John T. Laney III celebrated 30 years on the bench.
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“I’m writing on this case because sometimes we’re faced with cases in which our clients may be wrong on both the facts and the law. What should we do then?”Click here for an article on The Case of the Pink Diamond
October 24, 2016
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“I’m writing on this case because sometimes we’re faced with cases in which our clients may be wrong on both the facts and the law. What should we do then?”Click here for an article on The Case of the Pink Diamond
Connelly

A Look at the Origins of Chapter 13

By Rebecca B. Connelly, Chief United States Bankruptcy Judge Western District of Virginia
“Recent dialogue about Chapter 13 reflects skepticism. Doubts about success rates or chapter choice infuse our discussions. . . . What is overlooked in this dialogue is the history of this unusual chapter. So, perhaps it is time for a look.”
irs

From the IRS

(Not password protected)

IRS Gives Expanded Tax Relief to Victims of Hurricane Matthew; Parts of Four States Eligible; Extension Filers Have Until March 15 to File

  • North Carolina: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Harnett, Hoke, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne and Wilson counties.
  • South Carolina: Beaufort, Berkeley, Charleston, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Horry, Jasper, Marion, Orangeburg and Williamsburg counties.
  • Georgia: Bryan, Camden, Chatham, Glynn, Liberty and McIntosh counties.
  • Florida: Brevard, Duval, Flagler, Indian River, Nassau, St. Johns, St. Lucie and Volusia counties.
debt

Student Loan Chronicles

(Not password protected)
colorofcredit

From Our Friends at Credit Slips

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cfpb

IN CASE YOU MISSED IT . . .

CFPB Ruled Unconstitutional

(Not password protected)
October 17, 2016
Archives
LBJ

Critical Case Comment

A Potential Game Changer: Two recent cases broadly interpret the exclusion in § 101(10A) for “benefits received under the Social Security Act”.
Cleve Reding

Cleve Reding Passed Away Sunday, October 9th

By Regina Logsdon

It is with great sadness that we report the passing of Chapter 13 Standing Trustee for the Middle District of Alabama (Montgomery) Cleve Reding. Any positive adjective one can use to describe a human being fits Cleve. He was kind and wise and he was my friend. Most, I think, would describe Cleve as a quiet man. I didn’t see him as quiet because we could talk endlessly. There was no end to his bragging about his wife or providing updates on the ‘kids’ or his Christian service. We often solved the world’s problems, well, at least as we saw things.David Peake, Chapter 13 Trustee in Houston, remembered fondly, “Cleve was simply a good, kind, and decent man. I will always remember his warm smile and that camera. He seemed like a quiet man compared to some of the characters in our group; but he made a huge wonderful footprint in our organization and he will be missed.”“Cleve was the consummate gentleman. Many in the bankruptcy community knew Cleve as our volunteer photographer for so many of our events,” mused NACTT President Mary Ida Townson. “Many knew him as so much more than that. He was a wonderful Trustee, employer, husband, father, and grandfather. Cleve will be missed by everyone.”

“The overwhelming sense of loss which accompanies the passing of Cleve cannot really be expressed in only a few words. Some trustees are known as aggressive litigators, some are educators, some are numbers geeks. And, while Cleve was all of these when he needed to be, all will remember him as a truly nice guy – a gentle soul that worked with financially troubled people to help them rather than fight with them. He worked to assist creditors in collecting their just debts rather than pick a quarrel with them. He was an example for all of us; a trustee who set the standard high and who taught all of us the power of a gentle word. We will follow in his footsteps, hoping that we can show just some of the attributes he carried so well.” Henry E. Hildebrand, III.

I will truly miss you, Cleve. My friend.

Click here for an additional story: Curtis “Cleve” Reding, Jr. Has Passed Away

Bill-Brown

From the Editor

By The Honorable William Houston Brown (Retired)
debt

Student Loan Chronicles

(Not password protected)

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

Creative Options for Student Loans in Chapter 13

gradcapDid you know that the Academy archives, for the benefit of Academy members, all of the webinars that we produce? And that we have an excellent 90-minute presentation discussing creative options regarding student loans: Chapter 20, mediation, separate classification, and MORE. 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 bring this not-to-be missed presentation.

supremecourt2

Supreme Court Corner

(Not password protected)
October 10, 2016
Archives
burden

Discharge Issues: Practice Tips and “OMG!” Lessons from the 2016 NACTT Annual Conference

By Beverly Burden, Chapter 13 Standing Trustee for the Eastern District of Kentucky (Lexington)
“I’m sharing a few practice tips and “OMG!” lessons we picked up at the NACTT Annual Conference in Philadelphia in July. This article is on two important case decisions affecting the debtor’s chapter 13 discharge (both warranted “OMG!” reactions from my staff attorneys and me).”     Mark your calendar for July 12-15, 2017, for the next NACTT annual conference in Seattle, WA.
brevityinbriefs

Judges Push Brevity in Briefs, and Get a Torrent of Arguments

. . . for briefs filed in federal appellate courts . . . the new word limit — which takes effect on Dec. 1 — will be 13,000 words, a reduction of 1,000 words . . .
twitter

Federal Judge Authorizes Service of Process via Twitter Under FRCP 4(f)(3)

No, this isn’t bankruptcy related but how long will it be until Twitter or Facebook or Snapchat or whatever the next big thing is will become an accepted manner for service of process. #AttentionOfficerMgrOrGenAgent
irs

From the IRS

(Not password protected)

IRS Advises Taxpayers to Prepare for Hurricanes, Floods and Other Natural Disasters

Drought-Stricken Farmers and Ranchers Have More Time to Replace Livestock; 37 States and Puerto Rico Affected

  • Details on this relief, including a list of NDMC-designated counties, is available at Notice 2016-60

IRS Now Accepting ITIN Renewal Applications; Taxpayers Encouraged to Act Soon to Avoid Processing Delays in 2017

  • ITINs are used by people who have tax filing/payment obligations who are not eligible for a Social Security Number
  • Any ITIN not used on a federal tax return at least once in the last three years will not be valid as of Jan. 1, 2017
cfpb

From the CFPB

(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)
Creditors: This one’s for you.“While the statute does not require an above-median income debtor to pay all claims in full faster than sixty months, it is not inappropriate for a bankruptcy court to condition confirmation of a plan to preclude the debtor’s discharge if the plan is later modified to reduce the dividend below 100%. (Gargotta)”
October 3, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Creditors: This one’s for you.“While the statute does not require an above-median income debtor to pay all claims in full faster than sixty months, it is not inappropriate for a bankruptcy court to condition confirmation of a plan to preclude the debtor’s discharge if the plan is later modified to reduce the dividend below 100%. (Gargotta)”
helen morris

No Terms of Endearment

By Helen M. Morris, Chapter 13 Trustee for the Northern and Southern Districts of West Virginia
“We are nearing the first anniversary of the new forms for bankruptcy schedules. While others were decrying them with words of fear and loathing . . ., the format of the new schedules birthed a new hope for me. . . . No more ‘house and lot’ with no geographic reference.”
nclc

Consumer Advocates Disappointed Private Debt Collectors to Begin Collecting Federal Tax Debts – Program May Increase Scams Involving Phony Tax Collections

(Not password protected)
“Consumer advocates expressed disappointment over an announcement that four private debt collection companies were selected to collect federal tax debts, one of which had been terminated last year by the U.S. Department of Education.”
NARCA

NARCA – The National Creditors Bar Association (NARCA) is a Trade Association Dedicated to Serving Law Firms Engaged in the Practice of Creditors Rights Law

(Not password protected)
irs

From the IRS

(Not password protected)
houses

From Credit Slips

(Not password protected)
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
Applications must be received no later than 5:00pm Central Standard Time on October 7, 2016
siomos

IN CASE YOU MISSED IT . . .

Germeraad v. Powers – A Plan May Be Modified Based on a Debtor’s Improved Financial Circumstances

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
Another excellent case synopsis by Staff Attorney Siomos.“If a Chapter 13 Trustee, in examining post-confirmation income tax returns ‘discovers that the [Debtors’] incomes have increased, he may (and indeed should) move to alter their plan . . .”
September 26, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A domestic support obligation claimholder is prohibited from intercepting a Chapter 13 debtor’s post-confirmation income if such is inconsistent with the debtor’s plan and confirmation order.
siomos

Germeraad v. Powers – A Plan May Be Modified Based on a Debtor’s Improved Financial Circumstances

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
Another excellent case synopsis by Staff Attorney Siomos.“If a Chapter 13 Trustee, in examining post-confirmation income tax returns ‘discovers that the [Debtors’] incomes have increased, he may (and indeed should) move to alter their plan . . .”
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
Applications must be received no later than 5:00pm Central Standard Time on October 7, 2016
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
KarinAmyx

IN CASE YOU MISSED IT . . .

Fee Only Chapter 13 Plans Get a Boost in Kansas

By Karin N. Amyx, Staff Attorney to Chapter 13 Standing Trustee Laurie B. Williams (Wichita, KS)
“Whether lack of good faith is present depends on the circumstances, but the majority of courts have found fee only plans do not meet the requirements of 11 U.S.C. § 1325(a)(3) and/or (a)(7). That is, except in Kansas.”
September 19, 2016
Archives
KarinAmyx

Fee Only Chapter 13 Plans Get a Boost in Kansas

By Karin N. Amyx, Staff Attorney to Chapter 13 Standing Trustee Laurie B. Williams (Wichita, KS)
“Whether lack of good faith is present depends on the circumstances, but the majority of courts have found fee only plans do not meet the requirements of 11 U.S.C. § 1325(a)(3) and/or (a)(7). That is, except in Kansas.”
fraud

Hatfield v. Thompson – Why Debtors (and Their Counsel) Should be Very Afraid of Husky

By Academy Staff
“The Supreme Court concluded that § 523(a)(2)(A)’s ‘actual fraud’ standard did not require the debt Plaintiff sought to except from discharge itself resulted from or was based on fraud.”
cmoran

Chapter 13 Keeps Debtor/Client In Control

By Cathy Moran, Moran Law Group, Mountain View, CA
“Many of my Chapter 13 clients have no meaningful assets to protect. Assets to protect isn’t what made 13 right for them.”
oilrig

High Risk of Bankruptcy for One-Third of Oil Firms

(Not password protected)
At the recent NACTT conference in Philadelphia, Elizabeth Abdelmasieh, Attorney Advisor in the Court Services Office of the Administrative Office of the United States Courts in Washington, D.C. mentioned a study conducted by Deloitte which projects one-third of oil firms are at high risk of bankruptcy.Click here for the study
Click here to order Ms. Abdelmasieh’s Speech
thomsonreuters

Thomson Reuters Offers Academy Member Discount

(Not password protected)
Exclusive savings on Chapter 13: Practice And Procedure, 2d – Enter Promo Code NACTT at Checkout to Redeem25% off when ordered with monthly pricing
20% off when ordered withoutOffer expires 12/31/2016 at 11:59PM (CST)
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
Applications must be received no later than 5:00pm Central Standard Time on October 7, 2016
Harry-Cash

IN CASE YOU MISSED IT . . .

Property Flippers Beware!

By Harry R. Cash, Grant Konvalinka & Harrison (Chattanooga, TN)
“The one-year redemption period just got extended by 60-days for a debtor filing Chapter 13. . . . determined that the 60-day tolling provision in 11 U.S.C. § 108(b) is available to Chapter 13 debtors exercising the rights and powers of a trustee, just as it applies in Chapter 11 . . .”
September 12, 2016
Archives
trevorbond

Bullard: Back to the Basics – Part II of II

By Trevor Bond, Law Clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
“. . . a lawyer must first answer the million dollar question: Is the bankruptcy court’s decision final or interlocutory?”Click here for Part I of II

Harry-Cash

Property Flippers Beware!

By Harry R. Cash, Grant Konvalinka & Harrison (Chattanooga, TN)
“The one-year redemption period just got extended by 60-days for a debtor filing Chapter 13. . . . determined that the 60-day tolling provision in 11 U.S.C. § 108(b) is available to Chapter 13 debtors exercising the rights and powers of a trustee, just as it applies in Chapter 11 . . .”
simscrawford

New Bankruptcy Judge Appointment

(Not password protected)
thomsonreuters

Thomson Reuters Offers Academy Member Discount

(Not password protected)
Exclusive savings on Chapter 13: Practice And Procedure, 2d – Enter Promo Code NACTT at Checkout to Redeem25% off when ordered with monthly pricing
20% off when ordered withoutOffer expires 12/31/2016 at 11:59PM (CST)
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • DJ Battle Kills 3 Lawyers’ Careers – The sordid legal battles surrounding Hulk Hogan have chewed up three more careers. The lawyers representing his buddy Bubba the Love Sponge are now disbarred.
hildebrand

IN CASE YOU MISSED IT . . .

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.

September 5, 2016
Archives

madeintheusa

Happy Labor Day

madeintheusa

In honor of the ‘working man’ and in sorrow for the official end of summer, the Academy presents a Catch-Up issue. This week we present important items you may have missed or didn’t have time to read the first go-round. (The free links are all new.)

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?”
hildebrand

Hank Wins One at the BAP

By Academy Staff
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
trevorbond

Bullard: Back to the Basics – Part I of II

By Trevor Bond, Law Clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
“The decision interpreted the meaning of ‘final’ in 28 U.S.C. § 158(a)(1), which provides for district court appellate jurisdiction over ‘final judgments, orders, and decrees . . . in cases and proceedings referred to the bankruptcy judges.’”
pardo

Student Loan Chronicles BONUS ITEM

(Not password protected)

Taking Bankruptcy Rights Seriously

By Raphael I. Pardo, Robert T. Thompson Professor of Law, Emory University School of Law Atlanta, GA
. . . Article focuses on the particular example of debtors who seek to discharge educational debt through bankruptcy. Such debt may be discharged only if the debtor can establish through a full-blown lawsuit . . .Using an original dataset of educational-debt dischargeability determinations, this Article reveals . . . the typical self-represented debtor in such proceedings has only a 28.5% chance of litigation success, which pales in comparison to the 56.2% success rate of a similarly situated debtor who is represented. . . . (emphasis added)
debt

Student Loan Chronicles

(Not password protected)
tancredi

Law Firm Partner Named Bankruptcy Judge

(Not password protected)
Day Pitney Partner Tancredi Appointed as U.S. Bankruptcy Judge
genderbias

Female Lawyer’s Gender-Bias Suit Challenges Law Firm Pay Practices

(Not password protected)
A five-man management committee at the firm arbitrarily awards male partners more points, which translate into higher dollar compensation, than they do to women, she maintained.
suicide

Depression, Suicide, Alcoholism, Gambling, Substance Abuse . . .

If your state is not listed below, please, let us hear from you. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy is creating a database for all states. Click here to send us the information or email Ms. Logsdon.We have received program information from the following states:Hawaii
Kansas
Kentucky
Oregon
Pennsylvania
TexasThank you to those who have responded.
August 29, 2016
Archives
trevorbond

Bullard: Back to the Basics – Part I of II

By Trevor Bond, Law Clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
“The decision interpreted the meaning of ‘final’ in 28 U.S.C. § 158(a)(1), which provides for district court appellate jurisdiction over ‘final judgments, orders, and decrees . . . in cases and proceedings referred to the bankruptcy judges.’”
Bill-Brown

From the Editor – Debtor’s Attorney Fees

By The Honorable William Houston Brown (Retired)

This week Judge Brown takes a look at 2 cases involving attorney fees:

stinnett

Retired Bankruptcy Judge Tom Stinnett Dies at 72

(Not password protected)
  • Click here to share your thoughts/memories with the family
oxholm

New Bankruptcy Judge Appointment

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identitytheft

A Life or Death Case of Identity Theft?

(Not password protected)
Every day we are inundated with news of scams and new ways to steal an identity that we sometimes become numb to the banter.This article is important, not so much because of the sad case outlined, but because of the rest of the scary stuff about how easy it is for a thief to get a cell phone in your name, charge the cost to you, and cut off your phone service. It continues with important information on your (or your client’s) rights after such a theft.
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.Thank you to those who have already sent in this information.

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)

Helpful Resources:

rapoport

IN CASE YOU MISSED IT…

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 . . .”
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

(Not password protected)
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

(Not password protected)
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

(Not password protected)

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

(Not password protected)
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

(Not password protected)

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)

(Not password protected)
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

(Not password protected)

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

(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 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

(Not password protected)
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.

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

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.
pacer

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.
supremecourt

From the Supreme Court

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
autodefaults
cfpb

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
sop

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.
calculator

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.
leffler

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.