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July 21, 2014
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shout

NACTT CHICAGO . . . WOW

Program Chair, Mary Ida Townson, along with
the Academy, did a tremendous job with this year’s agenda.
1,075 of the brightest and the best from the
consumer bankruptcy community converged on the Windy City.
A great time was had by all and just may have accidentally learned something!

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“Dear Readers: This month, let’s talk about fees.” Another great offering from Ms. Ps & Qs.

Don’t forget, if you have a question for Ms. Ps & Qs, send it to us by utilizing the Contact Us feature in the toolbar above.

hildebrand

In case you missed it . . . Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
“Undistributed funds held by a Chapter 13 trustee at the time a debtor converts to a Chapter 7 should thereafter be distributed to creditors in accordance with the plan in place at the time the funds were received.”
waldron

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 1 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio

Judge Waldron is back with another must read . . . “This article acknowledges that parties in family law proceedings terminating a marriage do consider debt in their universe of concerns.”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 2 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio
This week, the conclusion to Judge Waldron’s look at marital dissolution intertwined with bankruptcy.
nscott

A Dual Perspective Look at Student Loans

Misconceptions & Muddied Waters: Are Student Loan Discharge Standards Any Clearer? – Good Enough To Rerun

By Natalie Scott, The Scott Law Group
Ms. Scott looks at 2 recent Ninth Circuit decisions. “Both decisions allowed debtors to discharge student loan debt.”

 

Student Loan Victims – “Let ‘em Eat Cake”

rparker

By Richard J. Parker, Parker, Butte & Lane, P.C., Portland, Oregon
“While there have been many recent articles in multiple bankruptcy publications, . . . , this is not such an endeavor. Rather, this will examine how we got here and some of the political and economic issues related to what has rightly been called the student loan crisis.”

See also:

July 14, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
“Undistributed funds held by a Chapter 13 trustee at the time a debtor converts to a Chapter 7 should thereafter be distributed to creditors in accordance with the plan in place at the time the funds were received.”
waldron

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 2 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio
This week, the conclusion to Judge Waldron’s look at marital dissolution intertwined with bankruptcy.
nscott

A Dual Perspective Look at Student Loans

Misconceptions & Muddied Waters: Are Student Loan Discharge Standards Any Clearer?

By Natalie Scott, The Scott Law Group
Ms. Scott looks at 2 recent Ninth Circuit decisions. “Both decisions allowed debtors to discharge student loan debt.”

 

Student Loan Victims – “Let ‘em Eat Cake”

rparker

By Richard J. Parker, Parker, Butte & Lane, P.C., Portland, Oregon
“While there have been many recent articles in multiple bankruptcy publications, . . . , this is not such an endeavor. Rather, this will examine how we got here and some of the political and economic issues related to what has rightly been called the student loan crisis.”

See also:

burden

Take Note: Tools For Annotating PDF Seminar Materials

By Beverly M. Burden, Chapter 13 Trustee for the Eastern District of Kentucky
In perfect timing for this week’s NACTT annual conference in Chicago, Trustee Burden brings us a practical tool we can all benefit from. A ‘how to’ on taking notes with smart devices.
kbaker

California’s Ken Baker Passes Away

(Not password protected)
Chico, California’s Ken Baker succumbed to kidney failure – Memorial Service July 11th
cfpb

News from the CFPB

July 7, 2014
Archives
waldron

Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 1 of 2

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio
Judge Waldron is back with another must read . . . “This article acknowledges that parties in family law proceedings terminating a marriage do consider debt in their universe of concerns.”
sutton

Separate Classification of Student Loans – Fair or Foul?

By Kristi R. Sutton, J.D. Candidate, Class of 2015, Penn State – The Dickinson School of Law

“This kind of multi-factored test is quite common and rarely results in consistency; these tests are incredibly subjective and vague. This is the problem with the Code’s drafting.”See also articles on student loans in the news:

wbrown

From the Editor – Discharge and Dischargeability

By The Honorable William Houston Brown (Retired)

Discharge and Dischargeability is Judge Brown’s topic this week:

foyle

The Hottest Item from Last Week

11th Circuit Holds Debtor, Ineligible For Discharge, Can Strip Junior Liens On Property Worth Less Than Senior Lien

By Larry Foyle, Kass Shuler, P.A., Tampa, Florida
Wells Fargo Bank, N.A. v. Scantling . . . Court answered the Chapter 20 lien strip question that had previously vexed the lower courts, and had created division and district splits. . .”
mortgagemod

Mortgage Modification Education Holding Workshop in Chicago

(Not password protected.)
MME’s workshop will cover how to analyze debtors’ qualifications for numerous programs such as HAMP Tier I, HAMP Tier II, Fannie Mae, Freddie Mac, FHA, VA, National Mortgage Settlement, and more.
June 30, 2014
Archives
foyle

11th Circuit Holds Debtor, Ineligible For Discharge, Can Strip Junior Liens On Property Worth Less Than Senior Lien

By Larry Foyle, Kass Shuler, P.A., Tampa, Florida
Wells Fargo Bank, N.A. v. Scantling . . . Court answered the Chapter 20 lien strip question that had previously vexed the lower courts, and had created division and district splits. . .”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
Where debtors have made all payments to the trustee as required by their plan but failed to maintain “conduit” payments to the mortgage creditor, the debtors did not make all payments under their plan and their case should be dismissed.
pepper

Judge Pepper Testifies on Capitol Hill for Wisconsin’s Federal District Court Seat

The NACTT and the Academy are highly honored that Judge Pam Pepper, along with Trustee Ronda Winnecour and Attorney Larry Ahern, will be conducting a workshop on evidence at the upcoming NACTT Annual Conference in Chicago.It’s not too late to register!!
mortgagemod

Mortgage Modification Education Holding Workshop in Chicago

(Not password protected.)
MME’s workshop will cover how to analyze debtors’ qualifications for numerous programs such as HAMP Tier I, HAMP Tier II, Fannie Mae, Freddie Mac, FHA, VA, National Mortgage Settlement, and more.
irs

From the IRS – Voluntary Program To Focus On Continuing Education For Unenrolled Preparers

“This voluntary program will be a step to help protect taxpayers during the 2015 filing season,” said IRS Commissioner John Koskinen.
gardner

The Hottest Item from Last Week

Forgive Us Our Debts as We Forgive Our Debtors: Bankruptcy and the Bible

By O. Max Gardner, Esq., Shelbyville, North Carolina
. . . “having lost its value, money may no longer be the root of all evil; credit having taken its place.”
June 23, 2014
Archives
wbrown

Inherited IRA Not Exempt

By William H. Brown, Editor/Adviser to Academy for Consumer Bankruptcy Education
Another SCOTUS decision . . . “The Supreme Court focused on the meaning of ‘retirement funds;’ therefore, the reach of the Clark opinion to state exemptions that use that term is open to question.”
gardner

Forgive Us Our Debts as We Forgive Our Debtors: Bankruptcy and the Bible

By O. Max Gardner, Esq., Shelbyville, North Carolina
. . . “having lost its value, money may no longer be the root of all evil; credit having taken its place.”
wbrown

From the Editor – Discrimination

By The Honorable William Houston Brown (Retired)

Discrimination is Judge Brown’s topic this week:

caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected.)
briefbank

New Addition to the Brief Bank

Are proceeds of post-confirmation stay violations property of estate? Brief of Appellee – Crouser v. BAC Home Loans – Court affirmed in an unpublished opinion.
rapoport

The Hottest Item from Last Week

Ask Ms. Ps & Qs

a/k/a Nancy Rapoport, Gordon Silver Professor of Law
Ms. Ps & Qs brings an ethics article which speaks to ALL of us. Ms. Ps & Qs has outdone herself, again, with a thoughtful and well-researched look at stress and its relation to ethical conduct.
June 16, 2014
Archives
hayes

Bellingham: And the Supreme Court Punts

By M. Jonathan Hayes
“The Supreme Court made one thing perfectly clear in its 9-0 ruling on In re Bellingham. It doesn’t always reverse the Ninth Circuit.”Click here for the Opinion . . .
supremecourt

In case you missed Hank Hildebrand’s comments on Bellingham in the ‘Special Report’ sent last week . . .

hildebrandCritical Case Comment

Executive Benefits Insurance Agency v. Arkison (In re Bellingham) 2014 WL 2560461 (S.Ct. June 9, 2014) (Thomas)”When a bankruptcy court is called upon to adjudicate a “core” matter, as defined by the statute, as to which the bankruptcy court is not given Constitutional authority to decide per Stern v. Marshall, 564 U.S. ______, 131 S.Ct. 2594 (2011), the statute will be construed to treat such matters as “non-core” subject to de novo review by an Article III court.”See also Credit Slips: Stern II, now time for Stern III While Prof. Pottow’s comments are minimal, the blogged comments under the article are worth the glance.
rapoport

Ask Ms. Ps & Qs

a/k/a Nancy Rapoport, Gordon Silver Professor of Law
Lest Ms. Ps & Qs gets overshadowed by SCOTUS, click here, for an ethics article which speaks to ALL of us. Ms. Ps & Qs has outdone herself, again, with a thoughtful and well-researched look at stress and its relation to ethical conduct.
caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected.)
June 9, 2014
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
“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 . . .
hayes

A Little Background on the Current Supreme Court

By M. Jonathan Hayes
“. . . That got me thinking about the judicial experience of the other Justices.” . . . Click here for more.
caution

Sanctions and Irony and Fraud, Oh My!

(The following link is NOT password protected.)
drummond

Hottest Item From Last Week . . .

When to Deduct Business Expenses: Flores Breathes New Life Into Wiegand

By Robert G. Drummond, Chapter 13 Trustee for the District of Montana

http://considerchapter13.org/draft-home-updates/

June 2, 2014
Archives
nclc

Supreme Court Decision Strikes Blow against Tribal Online Payday Lenders

“Although the decision in Michigan v. Bay Mills Indian Community was a victory for the tribe (which was resisting a state lawsuit over the tribe’s illegal casino), the Court’s reasoning demonstrates that tribal-affiliated payday lenders are not above the law.”  (Not password protected.)
vaughan

Former Staff Attorney Appointed Standing Chapter 13 Trustee

(Not password protected)

Elizabeth Vaughan is back in the news. We first met Ms. Vaughan last year . . .Click here for more.
May 26, 2014
Archives
marker

A Bankruptcy Case in Old England, and a Meeting of Creditors Held in a Tavern

bayerIn this holiday week edition, we bring you an abbreviated but very special update. For the geekiest of Academy bankruptcy geeks, we bring a fun historical piece from Los Angeles attorney Leon Bayer and it is not password protected. 

“Dated February 12, 1771, it is a memorandum signed by the creditors who attended the meeting of creditors at the Turk’s Head Tavern. (Unlike old English indentures, this document is short and easy to read.)

caution

Sanctions and Irony and Fraud, Oh My!

(NOT password protected.)
cfpb

This Week at the CFPB

(NOT password protected.)
May 19, 2014
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs brings us practical advice for behavior both in and out of the courtroom and if you’re thinking you don’t need to read it, yes, YOU do! “If one mantra in bankruptcy is ‘disclose, disclose, disclose,’ another one is ‘tone, tone, tone.’ . . . Your stress level will decrease if you start with the assumption that the other side is neither stupid nor evil.”
leffler

Questions Generated From Anything You Can Do, I Can Do Better: Why You Should Consider Chapter 13 Webinar

By Honorable John P. Gustafson* and Mark C. Leffler, Esq.
As a result of the webinar Why Your Clients Should Consider Chapter 13, more questions were submitted than could be answered in a single webinar. Our panelists are diligently working to answer these questions. Here, they answer two more questions generated from the webinar: (1) Is it 7 years from filing or from discharge? (2) Are people finding they can get around the 910 day restriction by saying car titled to the debtor was bought for another person’s use, not the debtor’s use.*Responses were prepared prior to Gustafson’s judicial appointment.
wbrown

From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)
This week’s installation From the Editor includes one case on a spouse’s income being considered for abuse purposes and a plethora of cases on discharge – all Chapter 7 issues.
cfpb

Holly Petraeus Statement on DOJ, FDIC Enforcement Actions Against Sallie Mae

cfpbU.S. Department of Justice announced an enforcement action against Sallie Mae, the largest servicer of federal and private student loans, which was found to be systematically violating the legal rights of U.S. servicemembers.
May 12, 2014
Archives
bruce

Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)
Vesting, re-vesting, at confirmation, if not at confirmation then when??? Attorney Bruce looks at case law showing the importance of vesting timing.
ahern

Another Webinar Now Available – A Closer Look At Recent Exemption Developments: Law v. Siegel and Lien Avoidance

wbrownExemptions Part 2. Academy Editor & Advisor Wm. Houston Brown and notable bankruptcy expert Larry Ahern follow-up on their December 2013 Saving Homes and Stripping Liens webinar. Both Brown and Ahern are experts as they literally wrote the book: Bankruptcy Exemption Manual, 2013 ed. (West’s Bankruptcy Series). This webinar is designed for attorneys at an advanced level.FREE to Academy members, this webinar recording is now available. For non-members, we offer a pay per view option.
ford

Michael Ford Named Trustee  (Not password protected)

The Staff Attorney to former Chapter 13 Trustee Philip A. Geddes was appointed as the Standing Chapter 13 Trustee for the Northern Division of the Northern District of Alabama on April 16, 2014. Congratulations Mike! Click here for more . . .
gustafson

Post-Petition Causes of Action, Inheritances and Windfalls are Property of the Estate and Must Be Reported to the Trustee – Part 6 of 6

By The Honorable John P. Gustafson, Northern District of Ohio*
The conclusion of Judge Gustafson’s “Windfalls” outline addresses The Tyler Decision. We hope you have enjoyed this extensive outlineClick here for Part 1
Click here for Part 2
Click here for Part 3
Click here for Part 4
Click here for Part 5*This outline was written and submitted prior to Gustafson’s judicial appointment.
manning

Does Outsourcing BK Ed Counselors Increase Client Risk and Attorney Liability?

By Robert D. Manning, PhD, President, DebtorWise Foundation, www.debtorwise.org
“These call center data security issues in the Philippines are most worrisome. They raise serious questions regarding the potential liability of U.S. bankruptcy attorneys for possible damages sustained by their clients who may suffer from identity fraud and telephone ‘scams’ as a result of recommending a low-cost BK Ed provider that outsources its credit counseling and business support services to a call center in the Philippines.”
cfpb

This Week at the CFPB  (Not password protected)

May 5, 2014
Archives
leffler

Questions Generated From Anything You Can Do, I Can Do Better: Why You Should Consider Chapter 13 Webinar

By Honorable John P. Gustafson* and Mark C. Leffler, Esq.
As a result of Why Your Clients Should Consider Chapter 13, more questions were submitted than could be answered in a single webinar. Our panelists are diligently working to answer all of your questions. Here, we begin publishing the first in a series of answers. This week, student loan issues are addressed.  As a gift from the authors, this article is NOT password protected.
*Answers were prepared prior to Gustafson’s judicial appointment.
burden

Toolbox Additions

Academy Board Member and Chapter 13 Standing Trustee Beverly Burden provides members with two new additions to the Academy Toolbox, sub-heading Debtor Attorney:

gustafson

Post-Petition Causes of Action, Inheritances and Windfalls are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 6

By The Honorable John P. Gustafson, Northern District of Ohio
Only two parts left . . . Part 5 of Judge Gustafson’s “Windfalls” outline continues by ‘Talking Turkey About The Chapter 13 Trustee’s Dilemma With Post-Petition Windfalls – Conversion, Dismissal, Early Payoffs, Etc.’
*This outline was written and submitted prior to Gustafson’s judicial appointment.
irs

We’re From the Government and We’re Here to Help (Not password protected)

April 28, 2014
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs brings another fascinating case all should be aware of. “You all know about the importance of ‘wet’ signatures, right? . . . Lessons? Wet signatures are important. Following local rules are important. And blaming others for your mistakes? Not a great idea.”
drummond

No “$200.00 Old Car” Deduction When Calculating Disposable Income

By Robert G. Drummond, Chapter 13 Trustee for the District of Montana

9th Circuit BAP Reverses Bankruptcy Court in Drummond v. Luedtke (In re Luedtke).


Academy’s Growing Brief Bank

Drummond v. Luedtke (In re Luedtke) provides additions to the Academy’s Brief Bank:

gustafson

Post-Petition Causes of Action, Inheritances and Windfalls are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 6

By The Honorable John P. Gustafson, Northern District of Ohio

Part 4 of Judge Gustafson’s “Windfalls” outline continues by answering the questions:

  • What About Other Substantial Assets Acquired Post-Petition?
  • If The Debtor Is Judicially Estopped – Is The Chapter 13 Trustee?

Click here for Part 1
Click here for Part 2
Click here for Part 3

*This outline was written and submitted prior to Gustafson’s judicial appointment.

ssrn

Just Punch My Bankruptcy Ticket (Not password protected)

A Qualitative Study of Mandatory Debtor Financial Education by Assistant University of Denver Sturm College of Law Professor Michael D. Sousa
rosen

Leonard M. Rosen Remembered (Not password protected)