June 18, 2018
Archives
markleffler

FDCPA and Bankruptcy: One Year After Midland v. Johnson Part II

By Mark C. Leffler, Boleman Law Firm, P.C. (Richmond, VA)
“Now, one year after Midland v. Johnson, this multi-part article will seek an understanding of what that decision tells us about the future of FDCPA litigation in bankruptcy cases.”Click here for Part I

* * * * * *

IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.

Attorney Leffler, along with an esteemed panel will discuss Remedies When Proof of Claim Compliance Fails.

View the whole program

And here’s another Miami “Of Interest” article:

bobbranson

The Death of MFDRA

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)
tammybranson“IRS’s Publication 4681 is a very helpful tool to explore the different ways taxpayers can exclude mortgage indebtedness and other types of 1099 forgiveness.”
creditcards

Credit Cards in the News

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
drivethru

From Our Friends at Credit Slips on the CFPB

(Not password protected)
cfpb

On the CFPB

(Not password protected)
DannLaw Launches “Scoundrels, Scams and Cheats” Database to Ensure Public Access to CFPB Consumer Complaint Reports“ . . . , the head of the Consumer Financial Protection Bureau told a group . . . that he would soon hide the Bureau’s consumer complaint database from the American people and the media. . . . Marc Dann outlined his law firm’s plan . . . . “I am pleased to announce that DannLaw has downloaded all the information in the CFPB database and uploaded it into one that will remain accessible to the public and the media once Mulvaney carries out his threat,”

* * * * * *

IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.

Experts Ryan Williams, John Rao, and Micheal Freeman will discuss What’s Left of Consumer Protection

View the whole program

socialsecurity
In Case You Missed It . . .

Social Security and Chapter 13 – Can’t We All Just Get Along?

By Academy Staff
More than 12 years after its enactment, BAPCPA continues to confuse and confound. Could § 362(c)(3) be any more convoluted? Why did Congress define “disposable income” yet continue to require payment of “projected disposable income”? Who thought that hanging paragraphs were a good idea?
June 11, 2018
Archives

Welcome New Members: Clifford Gramer, Albuquerque, NM

markleffler

FDCPA and Bankruptcy: One Year After Midland v. Johnson

By Mark C. Leffler, Boleman Law Firm, P.C. (Richmond, VA)
“Now, one year after Midland v. Johnson, this multi-part article will seek an understanding of what that decision tells us about the future of FDCPA litigation in bankruptcy cases.”

* * * * * *

IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.

Attorney Leffler, along with an esteemed panel, will discuss Remedies When Proof of Claim Compliance Fails.

View the whole program

socialsecurity

Social Security and Chapter 13 – Can’t We All Just Get Along?

By Academy Staff
More than 12 years after its enactment, BAPCPA continues to confuse and confound. Could § 362(c)(3) be any more convoluted? Why did Congress define “disposable income” yet continue to require payment of “projected disposable income”? Who thought that hanging paragraphs were a good idea?
morgan-king

When Does the Statute of Limitations Commence

By Morgan King, The Morgan King Company (Dublin, CA)
Does the statute of limitations for suing a debt collector for violation of the Fair Debt Collection Practices Act commences on the date the violation occurred, or the date the consumer discovered the violation?
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)

On the CFPB

(Not password protected)

* * * * * *

IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.

Experts Ryan Williams, John Rao, and Micheal Freeman will discuss What’s Left of Consumer Protection

View the whole program

ahern_larry
In Case You Missed It . . .

The Law of Unintended Consequences

We Don’t Need No Stinkin’ Objections, Revisited: Lee v. Field

By William Houston Brown, Editor/Advisor to The NACTT Academy, U.S. Bankruptcy Judge, Memphis (Retired) and Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Bill-BrownRecent decisions of the Eleventh and Ninth Circuits have prompted us to ask the meaning of the word “objections” as they may be required by the Code or Rules.In an earlier, two-part comment, Larry Ahern reviewed the opinion of the Eleventh Circuit in Title Max v. Northington, and some consequences of that decision, which may not have been intended by the majority.This week, he joins Judge Brown in a look at the more recent Ninth Circuit opinion in Lee v. Field.This is part of a series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved. If you have suggestions for future analyses, please send them to Mr. Ahern.Click here for We Don’t Need No Stinkin’ Objections Part 1
Click here for We Don’t Need No Stinkin’ Objections Part 2
June 4, 2018
Archives

Welcome New Members: Sheldon Singer, Kansas City, MO; Michael M. Custer, Albany, GA; and Carol Cross Stone, Longview, TX

ahern_larry

The Law of Unintended Consequences

We Don’t Need No Stinkin’ Objections, Revisited: Lee v. Field

By William Houston Brown, Editor/Advisor to The NACTT Academy, U.S. Bankruptcy Judge, Memphis (Retired) and Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Bill-BrownRecent decisions of the Eleventh and Ninth Circuits have prompted us to ask the meaning of the word “objections” as they may be required by the Code or Rules.In an earlier, two-part comment, Larry Ahern reviewed the opinion of the Eleventh Circuit in Title Max v. Northington, and some consequences of that decision, which may not have been intended by the majority.This week, he joins Judge Brown in a look at the more recent Ninth Circuit opinion in Lee v. Field.This is part of a series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved. If you have suggestions for future analyses, please send them to Mr. Ahern.Click here for We Don’t Need No Stinkin’ Objections Part 1
Click here for We Don’t Need No Stinkin’ Objections Part 2
scott

Warning: The “Grant Scam” Is Real

By Scott F. Waterman, Waterman & Mayer (Philadelphia, PA)
(Used with expressed permission. First published at Waterman & Mayer)
“Recently one of clients received a message from someone who appeared to be a coworker, telling our client about a grant the coworker recently received. Intrigued and looking for ways to pay upcoming tuition bills, our client was put in touch with the co-worker’s “grant agent” . . .”
irs

From the IRS

(Not password protected)

Law Change Affects Moving, Mileage and Travel Expenses; Higher Depreciation Limits

  • No deduction for moving expenses
  • No miscellaneous deductions for un-reimbursed employee expenses (uniforms, union dues and the deduction for business-related meals, entertainment and travel)
  • 54.5 cents for every mile of business travel driven, a 1 cent increase from 2017
  • 18 cents per mile driven for medical purposes, a 1 cent increase from 2017
  • 14 cents per mile driven in service of charitable organizations, which is set by statute and remains unchanged
  • Depreciation maximum standard automobile cost may not exceed $50,000 for passenger automobiles, trucks and vans placed in service after Dec. 31, 2017. Previously, the maximum standard automobile cost was $27,300 for passenger automobiles and $31,000 for trucks and vans
ordertorepossesss

From Our Friends at Credit Slips

(Not password protected)

OCC Payday Lending Bulletin

Also from the CFPB: Acting Director Mick Mulvaney issued the following statement in response to bulletin from the Office of the Comptroller of the Currency regarding short-term, small-dollar credit:“I applaud Comptroller Otting’s move to encourage national banks and federal savings associations to offer short-term, small-dollar installment loans. Millions of Americans desperately need access to short-term, small-dollar credit. We cannot simply wish away that need. In any market, robust competition is a win for consumers. The Bureau will strive to expand consumer choice, and I look forward to working with the OCC and other partners on efforts to promote access and innovation in the consumer credit marketplace.”
car

There’s Always a Car

(Not password protected)

$523 Monthly Payment is New Standard for Car Buyers

malware
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
criminaldebt

More Criminalization of Private Debt

(Not password protected)
hildebrand
In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III
An attorney violates § 526(a)(4) if the attorney instructs a client to pay the bankruptcy related legal fees using a credit card.“It is without question that the complexities of the bankruptcy system . . .requires some sophistication and, . . . the assistance of a professional. To preclude any realistic way to pay these fees and costs is ridiculous.”
May 28, 2018
Archives

memorialday

In memory of the men and women who gave their lives for our Country, there will be no weekly update.

If you are looking for something to read, we recommend scrolling back through previous updates (below) and catch up on anything you might have missed.

Some suggestions include:

May 21, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III
An attorney violates § 526(a)(4) if the attorney instructs a client to pay the bankruptcy related legal fees using a credit card.“It is without question that the complexities of the bankruptcy system . . .requires some sophistication and, . . . the assistance of a professional. To preclude any realistic way to pay these fees and costs is ridiculous.”
Bill-Brown

From the Editor

By The Honorable William Houston Brown (Retired)
  • Dismissal – Employer’s housing loan was not consumer debt for purposes of § 707b)(1)
  • Reopening Closed Case – Cause did not exist to reopen case to allow extension to file certificate of financial management course
irs

From the IRS

(Not password protected)

Tax Reform: Changes to Depreciation Affect Businesses Now

IRS reminds businesses that passage of the Tax Cuts and Jobs Act may affect their depreciation deductions and taxes.Attention Debtor Attorneys: While you may need this information to properly advise your clients, you will certainly want to glance at it for your own business taxes.
ordertorepossesss

From Our Friends at Credit Slips

(Not password protected)

Illegal Repo Practices

“ . . . of particular note is the end of the article, wherein the repo man profiled says that he will return ransom the defaulted borrower’s personal goods found in the car back to the buyer for a $50 flat fee (with child car seats given back for free).”
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
nclc

NCLC Seeks Nominations for Vern Countryman Award 2018

(Not password protected)
The National Consumer Law Center encourages your nominations for a deserving defender of consumer rights to receive the 2018 Countryman Award, which will be presented at the annual Consumer Rights Litigation Conference. Deadline for receipt of nominations is June 29th.Click here for a list of previous winners.
criminaldebt

The Criminalization of Private Debt

(Not password protected)
ncbr

From the National Consumer Bankruptcy Rights Center

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rapoport
In Case You Missed It . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“I’ve heard it said . . . that the best predictor of future behavior is past behavior. . . . So what do you get when you hire an embezzler, fire him, and rehire him?”
May 14, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“I’ve heard it said . . . that the best predictor of future behavior is past behavior. . . . So what do you get when you hire an embezzler, fire him, and rehire him?”
selwyn

The Gig Economy – Classifying Independent Contractors

By Selwyn D. Whitehead, Esq. (Oakland, CA)
“The issue at hand is how to properly classify a worker who performs discrete services for a company: Is that worker a company employee or an independent contractor?”
timeforchange
Register NOW for This Friday’s Webinar:

Periodic Mortgage Statements – What You Need to Know

(Not password protected)
May 18 at 2:00 eastern/1:00 central/12:00 mtn/11:00 pacificLEARN FROM THE BEST: Chapter 13 Trustees Debra Miller and Russell Simon will be joined by John Rao of the National Consumer Law Center
Discussion topics will include, not only the new mortgage statements (rule effective April 19th), but also new RESPA party in interest issues, pointers as to what to do when the statements bear no resemblance to the trustee’s records, and reasons for mortgage coding. This webinar is advanced level and directed specifically toward Trustees and Trustees’ staff; however, mortgage creditors/servicers and debtor attorneys will also benefit from this presentation.
supremecourt

PHH Gives Up Challenge to CFPB Constitutionality – Will not pursue case to Supreme Court

(Not password protected)
nclc

NCLC Seeks Nominations for Vern Countryman Award 2018

(Not password protected)
The National Consumer Law Center encourages your nominations for a deserving defender of consumer rights to receive the 2018 Countryman Award, which will be presented at the annual Consumer Rights Litigation Conference. Deadline for receipt of nominations is June 29th.Click here for a list of previous winners.
ncbr

From the National Consumer Bankruptcy Rights Center

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
AlexSchmidt
In Case You Missed It . . .

Should the Stay Stay or Should It Go: Successive Filings and the Termination of the Automatic Stay

By Alexander Schmidt and The Honorable John P. Gustafson, United States Bankruptcy Court
Northern District of Ohio, Western Division (Toledo, OH)
gustafson“The complexity is multiplied by a split of authority in the case law about what actually happens when the automatic stay is terminated under §362(c)(3).”
May 7, 2018
Archives
AlexSchmidt

Should the Stay Stay or Should It Go: Successive Filings and the Termination of the Automatic Stay

By Alexander Schmidt and The Honorable John P. Gustafson, United States Bankruptcy Court
Northern District of Ohio, Western Division (Toledo, OH)
gustafson“The complexity is multiplied by a split of authority in the case law about what actually happens when the automatic stay is terminated under §362(c)(3).”
ahern_larry

Recent Developments in Chapter 12: Summary of December 1, 2017 Rules Changes – Part 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Before last December’s amendment of the Bankruptcy Rules (discussed in Part I of this series), the Bankruptcy Code itself was amended and likely will have a more significant effect on Chapter 12 plans. Knowing that many Chapter 13 trustees also serve as their districts’ Chapter 12 trustees, Larry Ahern follows his analysis of the amended Rules in Part I with an analysis of that 2017 amendment of Chapter 12.Part III of this series is expected to provide new forms for plan provisions affected by these changes.
Sigler

Meet the New GA Judge

By Academy Staff
Honorable Sage M. Sigler was appointed as a Bankruptcy Judge for the Northern District of Georgia on March 28, 2018.
nclc

NCLC Seeks Nominations for Vern Countryman Award 2018

(Not password protected)
The National Consumer Law Center encourages your nominations for a deserving defender of consumer rights to receive the 2018 Countryman Award, which will be presented at the annual Consumer Rights Litigation Conference.Click here for a list of previous winners.
openposition

Position Openings

(Not password protected)
Term Law Clerk-Chambers
Judge: Sage Sigler
United States Bankruptcy Court, Atlanta, GA
Applications Due Date: May 31, 2018U.S. Bankruptcy Judge
Eastern District of Michigan
Application Due Date: May 31, 2018Chapter 7 Trusteeship
Eastern District of Virginia, Norfolk and Newport News Divisions
Application Due Date: May 11, 2018
congratulations

Disbarment and Back: Attorney James Brewer’s Road From Despair

(Not password protected)
The road to redemption is long and bumpy but can be accomplished. Congratulations Attorney Brewer

Retired U.S. Bankruptcy Judge Dies in Little Rock at 80

(Not password protected)
“He was a classy guy with more friends than anybody I’ve ever met,” said Hodges, who for years practiced law down the hall from Fussell on the 17th floor of the downtown Little Rock skyscraper now known as the Regions Bank Building, until Fussell became a bankruptcy judge in 1983.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
Here’s How Much Borrowers Pay on Loans After a Bankruptcy – It’s more, of course, but you can lessen the blow by improving your credit score.
Kellner
In Case You Missed It . . .

Student Loans and Chapter 13 – Federal Student Loan Debt in Bankruptcy: Recent Movement Towards Income-Driven Repayment Plans in Chapter 13

By Jeff Kellner, Chapter 13 Trustee (Dayton, OH)
“This article is one you need to read as student loans and bankruptcy is the next battle and possible solution for Chapter 13 debtors with student loans.”
April 30, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III
Where a student loan creditor and servicer do not comply with a provision of the confirmation order requiring the student loan creditor to properly apply payments and to permit the debtor to participate in the Income Driven Repayment plan or Public Service Forgiveness plan, attorney’s fees are appropriate and can be awarded against the servicer of the student loan. (Waites)
Kellner

Student Loans and Chapter 13 – Federal Student Loan Debt in Bankruptcy: Recent Movement Towards Income-Driven Repayment Plans in Chapter 13

By Jeff Kellner, Chapter 13 Trustee (Dayton, OH)
“This article is one you need to read as student loans and bankruptcy is the next battle and possible solution for Chapter 13 debtors with student loans.”
dantesinferno

Sanctions and Irony and Fraud, Oh My! A Feature Article

It’s NOT Your Money

By Academy Staff
Ya’ know how sometimes you are tempted to borrow cash from your kid’s piggy bank for a birthday card, or a tip, or Girl Scout cookies, or any number of other things that you either didn’t plan for or snuck up on you? Even if you borrow the money, you KNOW it is not YOUR money!Apparently, attorneys sometimes forget this rule. Not only are you forbidden from taking clients’ money, you can’t even borrow it.
openposition

Position Openings

(Not password protected)
Term Law Clerk-Chambers
Judge: Sage Sigler
United States Bankruptcy Court, Atlanta, GA
Applications Due Date: May 31, 2018U.S. Bankruptcy Judge
Eastern District of Michigan
Western District of Wisconsin
Application Due Date: May 8, 2018Two Openings for Chapter 7 Trusteeships
Eastern District of Virginia, Norfolk and Newport News Divisions
Application Due Date: May 11, 2018
congratulations
The road to redemption is long and bumpy but can be accomplished. Congratulations Attorney Brewer

Disbarment and Back: Attorney James Brewer’s Road From Despair

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

IRS Warns of New Twist on Phone Scam

Crooks Direct Taxpayers to IRS.gov to “Verify” Calls
rapoport
In Case You Missed It . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Attorneys can’t be complicit in knowing that their client’s testimony is wrong and not doing anything about it; however, client perjury is a slippery slope.
April 23, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Attorneys can’t be complicit in knowing that their client’s testimony is wrong and not doing anything about it; however, client perjury is a slippery slope.
actugly

Sanctions and Irony and Fraud, Oh My! A Feature Article

It Makes No Sense to Act Ugly to the People Charged with Your Safety

By Academy Staff

The Bankruptcy Court for the Eastern District of VA, imposed sanctions against a veteran attorney by barring him from practicing law before that court for six months. He is also banned from even entering the Courthouse.

Click here for Memorandum Opinion

supremecourt

SCOTUS Blog

(Not password protected)

Argument Analysis: When Neither Baseball Nor Vermeer Analogies Persuade Court

Continuing the less-than-truthful theme from Ms. Ps & Qs, the Supreme Court heard argument:
“This case is about whether a debtor’s false statement about a single asset can be a statement ‘respecting the debtor’s … financial condition.’”
supremecourt

From mediatbankry.com

(Not password protected)

Appeal Deadline in Consolidated Bankruptcy Cases: Supreme Court Adopts Minority View (Hall v. Hall)

This is an excellently written analysis of an important case regarding ‘immediate’ appeal.
ncbrc

From Our Friends at NCBRC

(Not password protected)
signatures

Credit Cards and Signatures

(Not password protected)

A continuation of last week’s links regarding signatures . . . From our friends at Credit Slips . . .

car

There’s Always a Car

(Not password protected)

Senate Repeals Auto-Loan Guidance in Precedent-Shattering Vote

hildebrand
In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Chapter 13 debtor may void a valueless lien even where the creditor does not file a proof of claim.“Although the Court ignored the appearance of the word “allowed” in § 506(a), this is a common sense result. To require the claim to be allowed before it could be valued would have enabled wholly unsecured “lienholders” to simply refuse to file a claim in order to attempt to preserve their liens, which in turn would have forced debtor’s attorneys to file proofs of claims on behalf of these creditors for the sole purpose of having the liens voided.” Commentary by Chapter 13 Trustee Jody Bledsoe, Eastern District of North Carolina.
April 16, 2018
Archives

Welcome New Members: Bradley Tamm, Honolulu, HI, and Pamela Stewart, Houston, TX

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Chapter 13 debtor may void a valueless lien even where the creditor does not file a proof of claim.“Although the Court ignored the appearance of the word “allowed” in § 506(a), this is a common sense result. To require the claim to be allowed before it could be valued would have enabled wholly unsecured “lienholders” to simply refuse to file a claim in order to attempt to preserve their liens, which in turn would have forced debtor’s attorneys to file proofs of claims on behalf of these creditors for the sole purpose of having the liens voided.” Commentary by Chapter 13 Trustee Jody Bledsoe, Eastern District of North Carolina.
ahern_larry

Recent Developments in Chapter 12: Summary of December 1, 2017 Rules Changes – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Last December’s amendment of the Bankruptcy Rules significantly affected Chapter 13 practice, but those changes also had an impact on Chapter 12 practice. Knowing that many Chapter 13 trustees also serve as their districts’ Chapter 12 trustees, Larry Ahern highlights the changes that apply to Chapter 12 and provides a cross-reference to a series of earlier articles, which provide more in-depth analyses in the context of Chapter 13, written with Beverly Burden, Standing Trustee for the Eastern District of Kentucky.
irs

From the IRS

(Not password protected)
If you have clients in the military, this is important – you need to read . . . Could mean a significant amount of cash in their pockets . . .

Combat Zone Tax Benefits Now Available to Armed Forces Members Who Served in the Sinai Peninsula; IRS Accepting Retroactive Tax Refund Claims Back to 2015

openposition

(Not password protected)
New New U.S. Bankruptcy Judge
Eastern District of MichiganChapter 13 Trusteeship Opening
Southern District of Texas, Corpus Christi
Application Due Date: April 23, 2018Systems Engineer/Courtroom Technology Administrator
Bankruptcy Court, Western District of Virginia
Application Due Date: April 19, 2018Term Law Clerk
United States Bankruptcy Court, McAllen, TX
Application Due Date: Sep 1, 2018Term Law Clerk
U.S. Bankruptcy Judge Joseph Meier
Boise, ID
Application Due Date: May, 27, 2018
ncbrc

From Our Friends at NCBRC

(Not password protected)
signatures

Credit Cards and Signatures

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
lawyers

Just For Fun

(Not password protected)
Remember the days when lawyers were actually civil?Letter Exchange Between Law Firm and Cleveland Browns
cmoran
In Case You Missed It . . .

Don’t Skimp on Service When Your Client’s House Is on the Line

By Cathy Moran, Esq., Moran Law Group (Mountain View, CA)
“The issue stood out when, for reasons that are yet inexplicable, the trustee and my office each filed a Notice of Final Cure Payment with respect to the same loan on the same day.”
April 9, 2018
Archives

Welcome New Members: Michael Graml of Erie, PA, and Lawrence Young of York, PA.

cmoran

Don’t Skimp on Service When Your Client’s House Is on the Line

By Cathy Moran, Esq., Moran Law Group (Mountain View, CA)
“The issue stood out when, for reasons that are yet inexplicable, the trustee and my office each filed a Notice of Final Cure Payment with respect to the same loan on the same day.”
Ricky-Hutchens

Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 3 of 3

By Ricky Hutchens, Law Clerk to The Honorable David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee (Memphis)
Part 3 of Attorney Hutchens detailed response looks at the possibilities of changing the Bankruptcy Code and ways to reduce the cost of filing bankruptcy.Click here for Part 1 of 3
Click here for Part 2 of 3New This Week: ProPublica’s ‘Too Broke for Bankruptcy’ Wins ASNE Award – The series showed that the bankruptcy system routinely fails those it is meant to aid.
irs

From the IRS

(Not password protected)

Taxpayers Should Report Name Changes Before Filing Taxes

openposition

(Not password protected)
New U.S. Bankruptcy Judge
Eastern District of MichiganChapter 13 Trusteeship Opening
Southern District of Texas, Corpus Christi
Application Due Date: April 23, 2018Systems Engineer/Courtroom Technology Administrator
Bankruptcy Court, Western District of Virginia
Application Due Date: April 19, 2018Term Law Clerk
United States Bankruptcy Court, McAllen, TX
Application Due Date: Sep 1, 2018Term Law Clerk
U.S. Bankruptcy Judge Joseph Meier
Boise, ID
Application Due Date: May, 27, 2018Chapter 7 Trusteeship Opening
Middle District of Georgia, Albany Division
Application Due Date: April 16, 2018
car

There’s Always a Car

(Not password protected)
ncbrc

From Our Friends at NCBRC

(Not password protected)
cfpb

From the CFPB

(Not password protected)
  • Mortgage Servicing FAQs – The questions and answers pertain to compliance with Regulation X and Regulation Z, effective April 19, 2018.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
siomos
In Case You Missed It . . .

IRS Claims in Cases Converted from Chapter 7 to Chapter 13 – Technically Not Allowed? (Spoiler: They Are Allowed)

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
Have you noticed a drop in claims from the IRS in converted cases? MORE IRS issues . . . read this then check your computer software.The article titled Crushing Tax Change For Injured Consumers By William J. Purdy, III, Simmons & Purdy (Soquel, CA) could have been titled IRS Double Dipping . . . Again. If you missed this article, you need to read it!
April 2, 2018
Archives

NACTT 2018-banner-miami5

If you haven’t registered for NACTT Miami yet, why not?

Think it’s too hot? After the winter we’ve had, SUNSHINE sounds awesome.

Think the discounted deadline has passed? Think again . . .  DISCOUNTED REGISTRATION EXTENDED THROUGH THIS FRIDAY (April 6th)

Think it’s too expensive? Think again . . .

Miami Cheap – Suggestions for Your Per Diem Dining Pleasure

By Academy Staff
The Fontainbleau Miami Beach Hotel has many excellent restaurants, and if you have a car, Miami is a foodie’s dream. This article is not about either of those options.This is about some of the less expensive food options that are within walking distance of the hotel.
siomos

IRS Claims in Cases Converted from Chapter 7 to Chapter 13 – Technically Not Allowed? (Spoiler: They Are Allowed)

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
Have you noticed a drop in claims from the IRS in converted cases? MORE IRS issues . . . read this then check your computer software.Last week’s article titled Crushing Tax Change For Injured Consumers By William J. Purdy, III, Simmons & Purdy (Soquel, CA) could have been titled IRS Double Dipping . . . Again. If you missed this article, you need to read it!
Ricky-Hutchens

Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 2 of 3

By Ricky Hutchens, Law Clerk to The Honorable David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee (Memphis)
Part 2 of Attorney Hutchens response to ProPublica’s articles discussing racial patterns in bankruptcy filings focuses on ProPublica’s methodology and the fact that socio-economic conditions are the largest contributors to the disparities found by ProPublica, Not race. Click here for Part 1 of 3
openposition

 Position Openings

(Not password protected)
Chapter 13 Trusteeship Opening
Southern District of Texas, Corpus Christi
Application Due Date: April 23, 2018
Systems Engineer/Courtroom Technology Administrator
Bankruptcy Court, Western District of Virginia
Application Due Date: April 19, 2018

Term Law Clerk
United States Bankruptcy Court, McAllen, TX
Application Due Date: Sep 1, 2018

Term Law Clerk
U.S. Bankruptcy Judge Joseph Meier
Boise, ID
Application Due Date: May, 27, 2018

Chapter 7 Trusteeship Opening
Middle District of Georgia, Albany Division
Application Due Date: April 16, 2018

cfpb

From the CFPB

(Not password protected)
  • Mortgage Servicing FAQs – The questions and answers pertain to compliance with Regulation X and Regulation Z, effective April 19, 2018.
  • RFIs – Each week since the end of January, the CFPB has (and will continue to) issued RFIs (Request for Information). ConsiderChapter13.org has not spotlighted these RFIs; however, if you are interested click here and scroll down for a listing of the RFI’s.
debt

Student Loan Chronicles

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
In Case You Missed It . . .

ABI Commission on Student Loans

(Not password protected)
March 26, 2018
Archives

atlanta
Shout Out to the folks in Hot’lanta. The Academy is just back from the Southeastern Bankruptcy Law Institute. SBLI is a great regional conference with super fun attendees. ALEXA MARTINI from the Sellers Law Firm, LLC is the winner of a free subscription to ConsiderChapter13.org.

The Academy welcomes new members Vance Truman of Medina, OH; Dean Sutton of New Jersey; and Louise Harrell of Jackson, MS.

Ricky-Hutchens

Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 1 of 3

By Ricky Hutchens, Law Clerk to The Honorable David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee (Memphis)

Back in September, ProPublica published two articles discussing racial patterns in bankruptcy filings. Their analysis considered statistics from across the country, but they focused on one judicial district in particular: the Western District of Tennessee. In this three part series, Law Clerk Ricky Hutchens examines, point by point, the reporters conclusions.

“Beyond all the legal and strategic reasons to choose Chapter 13 over Chapter 7, there is the debtor himself. Debtors are, after all, people.”

purdy-bill

Crushing Tax Change For Injured Consumers

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)

(Used with permission, originally published by BankruptcyMastery.com 2018)

“ . . . the vast bulk of all other legal recoveries ARE taxable under IRS Section 104. However, in the past, one could deduct the costs to obtain the award under the miscellaneous expense deduction.” But no more.

stormydaniels

From Our Friends at Credit Slips

(Not password protected)
morgan-king

Morgan King Live Event – San Francisco – May 4-6

(Not password protected)

Discharging IRS & State Taxes in Consumer & Small Business Cases

REGISTER NOW

In partnership with The Academy, Morgan King is offering a $200 discount to Academy members.

Please email Regina for the discount code. Register now to receive the conference hotel rate at the Marriott at Fisherman’s Wharf.

medicalbills

Varying Views of the Same Issue

(Not password protected)
  • February 2018 Study: American Economic Association: The Economic Consequences of Hospital Admissions
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
schlotter
In Case You Missed It . . .

CFPB Issues Final Rule Amendment Regarding Timing for Transition to Modified or Unmodified Periodic Statements

By John Schlotter, McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
We are pleased to provide a synopsis of this final rule.Click here for Press Release (Not password protected)Click here for Final Rule Effective Date April 19, 2018 (Not password protected)
March 19, 2018
Archives
langehennig

Section 105 and Lack of Good Faith

By Debbie Langehennig, Chapter 13 Trustee (Austin, TX)
Trustee Langehennig takes a look at cases post Marrama.
schlotter

CFPB Issues Final Rule Amendment Regarding Timing for Transition to Modified or Unmodified Periodic Statements

By John Schlotter, McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

We are pleased to provide of synopsis of this final rule.

Click here for Press Release (Not password protected)

Click here for Final Rule Effective Date April 19, 2018 (Not password protected)

morgan-king

Morgan King Live Event – San Francisco – May 4-6

(Not password protected)

Discharging IRS & State Taxes in Consumer & Small Business Cases

Some of What You Will Learn:

  • Which transcripts to get, understanding tax transcripts, transcript red flags
  • What is a “tax return”?
  • Tax evasion & fraud
  • How to interview the clientand communicate with the IRS
  • The problems of using automated online tax discharge analysis
  • Marketing & building your tax solution practice
  • Stripping tax liens
  • Litigating tax issues in bankruptcy court
  • Non-bankruptcy solutions (OIC, CDPA)

In partnership with The Academy, Morgan King is offering a $200 discount to Academy members.

Please email Regina for the discount code. Register now to receive the conference hotel rate at the Marriott at Fisherman’s Wharf.

whatstheplan

From the Academy Archives

(Not password protected)

Planning for Attorney Disability or Death

Back in ‘09, now retired Judge Pat E. Morgenstern-Clarren (N.D. Ohio) brought Academy members a great reminder that the only certainty in life is that there are no certainties.This article on planning for your future is still just as relevant today.

Do you have a plan for your practice if you become disabled? What will happen to your clients if you suddenly pass away?

TAKE THE TIME NOW – MAKE A PLAN.

uscourts

From the U.S. Courts

(Not password protected)

U.S. Bankruptcy Courts – Judicial Business 2017

Nationwide, debtors filed 790,830 bankruptcy petitions in 2017, 2% fewer than in 2016. Lowest total since 2007, which was the first full fiscal year after BAPCPA.
Dimmick

Women’s History Month

(Not password protected)

Senior Judge Carolyn Dimmick (U.S. District Court, W.D. of WA) earned her law degree in 1957 when female lawyers and their opportunities were rare.In honor of Women’s History Month, a new video profile explores the highlights and challenges of Judge Dimmick’s groundbreaking and highly distinguished career.

Watch the video.

uscourts

From the U.S. Courts

(Not password protected)
Judicial Conference Receives Status Report on Workplace Conduct Review – Nearly 20 reforms and improvements have been implemented or are under development to help address workplace conduct concerns in the federal judiciary.
Flatley

Academy Members Inducted into American College of Bankruptcy – Congratulations to Judges Flatley and Waites

irs

From the IRS

(Not password protected)
Winter Storm Extension: Many Businesses Have Extra Time To Request A 6-Month Extension – 3/13/18 IRS granted businesses affected by severe winter storms additional time to request six-month extension to file their 2017 federal income tax returns.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

If you haven’t warned your readers about IRS/tax scams, please do so. This is happening in every community. Below are a few links you may be interested in sharing.

ahern_larry
In Case You Missed It . . .

The Law of Unintended Consequences

We Don’t Need No Stinkin’ Objections Part 2 of 2

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
A recent decision struggles with the effect on Chapter 13 on the special protections given to “title pawn” creditors by state law. The purpose of this commentary is to analyze the case and identify some unintended consequences of the decision. In Part I, Larry Ahern reviewed the majority’s opinion. This week, in Part II, he discusses some consequences of the decision, which may not have been intended by the majority.Click here for Part 1
March 12, 2018
Archives
ahern_larry

The Law of Unintended Consequences

We Don’t Need No Stinkin’ Objections Part 2 of 2

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

A recent decision struggles with the effect on Chapter 13 on the special protections given to “title pawn” creditors by state law. The purpose of this commentary is to analyze the case and identify some unintended consequences of the decision. In Part I, Larry Ahern reviewed the majority’s opinion. This week, in Part II, he discusses some consequences of the decision, which may not have been intended by the majority. Click here for Part 1

cmoran

IRS Caught Double Dipping

By Cathleen Cooper Moran, Moran Law Group (Mountain View, CA)

eyeopenerApparently, Attorney Moran’s article was an eye opener. This article has broken all previous ConsiderChapter13.org unique open records.YOU NEED TO SEE THIS ONE . . .Not an Academy member, JOIN NOW – Use the form attached and receive THREE months completely free.

If you read the article last week, be sure to check out the comments at the bottom of the page. Ms. Moran has added information regarding a related case.The Academy has also heard from Academy member Jeanne E. Hovenden of Chesterfield, Virginia, who reports catching the same issue in a case!

Let us know if you have seen this same issue.

cfpb

From the CFPB

(Not password protected)

CFPB Giving Servicers “More Latitude” in Dealing with Borrowers in Bankruptcy – Issues Final Rule on Communication with Certain Borrowers

Click here for Press Release
Click here for Final Rule

Effective Date April 19, 2018

uscourts

From the U.S. Courts

(Not password protected)

Just the Facts: Consumer Bankruptcy Filings, 2006-2017

In the 12-year span from October 1, 2005 to September 30, 2017, about 12.8 million consumer bankruptcy petitions were filed in the federal courts. Of those, 8.7 million–68 percent–were filed under Chapter 7, and 4.1 million– 32 percent–were filed under Chapter 13 (see Table 1).
sweatbox

Life in the Sweatbox

(Not password protected)
Professors Foohey, Lawless, Porter, and Thorne are at it again. Their latest study has just been released.The study looks at “The time before a person files bankruptcy is sometimes called the financial “sweatbox.” Using original data from the Consumer Bankruptcy Project, we find that people are living longer in the sweatbox before filing bankruptcy than they have in the past. We also describe the depletion of wealth and well-being that defines people’s time in the sweatbox.”
nclc

From the NCLC

(Not password protected)

The National Consumer Law Center has made some really cool info available . . . free: Consumer Protection in the States: A 50-State Evaluation of Unfair and Deceptive Practices Laws

Appendix C is a State-By-State Summary of State Unfair and Deceptive Practices Statutes

parkingticket

How Chicago Ticket Debt Sends Black Motorists into Bankruptcy

(Not password protected)

NEW ON THIS ISSUE THIS WEEK

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
March 5, 2018
Archives
cmoran

IRS Caught Double Dipping

By Cathleen Cooper Moran, Moran Law Group (Mountain View, CA)
Let us know if you have seen this same issue.
scottstout

Special Counsel and Chapter 13 Bankruptcy

By Scott G. Stout, Staff Attorney, and Wayne P. Novick (Dayton, OH)
novick“So, you think the Bankruptcy Code does not impact your practice.”NOT PASSWORD PROTECTED. This a great resource to share with your non-bankruptcy colleagues about how the Bankruptcy Code intertwines with their area of the law.
raymullins

Mullins Retires

(Not password protected)
sweatbox

Life in the Sweatbox

(Not password protected)
Professors Foohey, Lawless, Porter, and Thorne are at it again. Their latest study has just been released.The study looks at “The time before a person files bankruptcy is sometimes called the financial “sweatbox.” Using original data from the Consumer Bankruptcy Project, we find that people are living longer in the sweatbox before filing bankruptcy than they have in the past. We also describe the depletion of wealth and well-being that defines people’s time in the sweatbox.”
vacancy

Vacant Judgeship

(Not password protected)
debt

Big News from the Department of Education on Student Loans

(Not password protected)
wisenberg
In Case You Missed It . . .

How Different Are Millennials from Their Parents and Grandparents? TransUnion Report Decodes Millennials’ Financial Health

By Julia Wisenberg, Contributing Author
A recent TransUnion report evaluated Millennials as consumers, focusing on their credit participation and performance, ability to manage debt and expenses, and financial planning trends. Ms. Wisenberg summaries this 25-page study.
February 26, 2018
Archives
ahern_larry

The Law of Unintended Consequences

We Don’t Need No Stinkin’ Objections

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
A recent decision of the Eleventh Circuit Court of Appeals struggles with the effect on Chapter 13 of the special protection given to “title pawn” creditors. Prompted by this decision, the purpose of this article is to analyze the case and identify some unintended consequences of the decision. This week, in Part I, Larry Ahern reviews the majority’s opinion in Title Max v. Northington. In Part II, he will discuss some consequences of the decision for Chapter 13 practice, which may not have been intended by the majority.This is one in a series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved. If you have suggestions for future comments, please send them to the author by clicking here.
wisenberg

How Different Are Millennials from Their Parents and Grandparents? TransUnion Report Decodes Millennials’ Financial Health

By Julia Wisenberg, Contributing Author
A recent TransUnion report evaluated Millennials as consumers, focusing on their credit participation and performance, ability to manage debt and expenses, and financial planning trends. Ms. Wisenberg summaries this 25-page study.
webinar

Register NOW FOR WEBINAR THIS WEDNESDAY

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
meier

Welcome New Judge

(Not password protected)
hiring

Vacant Judgeship

(Not password protected)
debt

Big News from the Department of Education on Student Loans

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Do your clients know about this???

“Potentially the most popular one is aimed at millions of people who pay mortgage-insurance premiums on conventional, FHA and VA loans. Roughly 4.1 million owners took write-offs averaging more than $1,500 during 2015 . . . Mortgage-insurance industry officials predict that at least that many will be able claim the benefit on their 2017 tax returns — provided they learn that the deduction has been revived for the year.” [emphasis added]

debtorsprison

Debtors’ Prison is Back

(Not password protected)
emily-connor-kennedy
In Case You Missed It . . .

Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

By Emily Connor Kennedy, Esq., Boleman Law Firm, P.C. (Richmond, VA)
For those who practice in bankruptcy law, the “whole person” concept is similar to the broad “totality of the circumstances” analysis that is found throughout bankruptcy opinions.
February 19, 2018
Archives

presidentsday

Holly upgrade

Website Upgrade

The Academy has been hard at work making much needed upgrades to the infrastructure of ConsiderChapter13.orgEven if you don’t normally have to log into your account, you may have to log in today. Be sure to click the ‘Remember Me’ button and in most* circumstances you should only have to log in when your cookies are cleared or when you click the log out feature.

*Some of you have very strict firewalls which do not allow individual computers to remember logins.

If you experience problems accessing the site or in viewing individual posts, please let us know.

emily-connor-kennedy

Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

By Emily Connor Kennedy, Esq., Boleman Law Firm, P.C. (Richmond, VA)
For those who practice in bankruptcy law, the “whole person” concept is similar to the broad “totality of the circumstances” analysis that is found throughout bankruptcy opinions.
Bill-Brown

From the Editor

By The Honorable William Houston Brown (Retired)
  • Dismissal of CaseDebtor’s attorney’s failure to file timely appeal of dismissal was not excusable neglect
webinar

Register NOW for the Academy’s Next Free Webinar

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?

When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific

Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.

loanmodification

Webinar Recording Now Available

The Current Loan Modification Arena

On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors. Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!

bobbranson

Need Help With Loan Modifications?

(Not password protected)

tammybransonDuring The Current Loan Modification Arena webinar, the Bransons mentioned their proprietary software which makes loan modification calculations a breeze. Click here to check out how you can purchase this software. Additionally, the Bransons offer educational programs and materials to help you set up your own loan medication program. Click here for more information.

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
Laila-Gonzalez
In Case You Missed It . . .

Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?

By Laila Gonzalez, Freire & Gonzalez, P.A. (Miami, FL)
“There are three lines of cases regarding the Debtor’s ability to contribute to a voluntary retirement plan post-petition.”
February 12, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Precedent setting: Nothing requires a court to dismiss a Chapter 13 case filed by a debtor whose unsecured debts exceed the debt limits of § 109 where the excess debt derives from student loans.
Laila-Gonzalez

Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?

By Laila Gonzalez, Freire & Gonzalez, P.A. (Miami, FL)
“There are three lines of cases regarding the Debtor’s ability to contribute to a voluntary retirement plan post-petition.”
webinar

Register NOW for the Academy’s Next Free Webinar

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
loanmodification

Webinar Recording Now Available

The Current Loan Modification Arena

On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!
bobbranson

Need Help With Loan Modifications?

(Not password protected)
tammybransonDuring The Current Loan Modification Arena webinar, the Bransons mentioned their proprietary software which makes loan modification calculations a breeze. Click here to check out how you can purchase this software. Additionally, the Bransons offer educational programs and materials to help you set up your own loan medication program. Click here for more information.
didyouknow

Did You Know?

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
Holly Davala
In Case You Missed It . . .

Forced Vesting – Take It. Please.

By Holly Davala, Staff Attorney for Chapter 13 Trustee Lauren Helbling (Cleveland, OH)
“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:

February 5, 2018
Archives
amyx

Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?

By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS)
“Does the automatic stay require action when inaction would otherwise affect estate property?”
Holly Davala

Forced Vesting – Take It. Please.

By Holly Davala, Staff Attorney for Chapter 13 Trustee Lauren Helbling (Cleveland, OH)

“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:

webinar

Register NOW for the Academy’s Next Free Webinar

Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
irs

From the IRS

(Not password protected)
(Many IRS items could also be used in your blog.)

How Taxpayers Across the Country Can Have their Taxes Prepared for Free

Millions get their taxes done free through two programs sponsored by the IRS. These help people with lower and moderate incomes:

  • The Volunteer Income Tax Assistance: This program is also known as VITA. It offers free tax return preparation to eligible taxpayers who generally earn $54,000 or less.
  • Tax Counseling for the Elderly: TCE is mainly for people age 60 or older, but offers service to all taxpayers. The program focuses on tax issues unique to seniors. AARP participates in the TCE program through AARP Tax-Aide.
nclc

From the NCLC on the CFPB

(Not password protected)

A Letter from Rich Dubois, Executive Director, NCLC

“ . . . the Court of Appeals for the District of Columbia ruled yesterday that the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional . . .”
loanmodification

Webinar Recording Now Available

The Current Loan Modification Arena

On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors. Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!
irs

From the IRS

(Not password protected)

Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

Did You Know?

(Not password protected)
creditcards

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
Kellner
In Case You Missed It . . .

Separate Classification and Unfair Discrimination – Co-obligors Debts

By Jeffrey M. Kellner, Chapter 13 Trustee (Dayton, OH)
As a Chapter 13 Trustee faced with numerous proposed plans which discriminate in the payments to non-priority unsecured claims, it does not happen often when the plan proposes to pay the unsecured claims of co-obligors less than the 100% dividend proposed to non-priority unsecured claims.
January 29, 2018
Archives
Kellner

Separate Classification and Unfair Discrimination – Co-obligors Debts

By Jeffrey M. Kellner, Chapter 13 Trustee (Dayton, OH)
As a Chapter 13 Trustee faced with numerous proposed plans which discriminate in the payments to non-priority unsecured claims, it does not happen often when the plan proposes to pay the unsecured claims of co-obligors less than the 100% dividend proposed to non-priority unsecured claims.
webinar

Register NOW for the First Free Academy Webinar of 2018

Title: The Current Loan Modification Arena
When: Wednesday, January 31, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Attorney Brent Meyer will moderate a one-hour discussion on new and existing loan modification programs. Experts Robert Branson and Tammy Branson will update attendees on options available to clients . . . and there ARE options. This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.
farmers

Farmers in Crisis

(Not password protected)
irs

From the IRS

(Not password protected)

Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

wonderemoji
In Case You Missed It . . .

“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!

By Academy Staff
“Judge Kendig’s conclusion flows from a faulty premise.”
January 22, 2018
Archives
morgan-king

Was It a Return?

By Morgan King, The Morgan King Company (Dublin, CA)
“The standard for determining whether a document is a return consists of a four-part analysis known as the Beard test.”
frostberries

“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!

By Academy Staff
“Judge Kendig’s conclusion flows from a faulty premise.”
cfpb

From the CFPB

(Not password protected)
irs

From the IRS

(Not password protected)

Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

creditcards

Finally, Some Good News. Well, for the Consumer Bankruptcy Industry

(Not password protected)
caution

FAR BEYOND Sanctions and Irony and Fraud, Oh My!

(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)
“While it is possible for a Chapter 13 debtor to have two bankruptcy cases at the same time, a debtor is precluded from having two reorganization bankruptcy cases at the same time.”
January 15, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“While it is possible for a Chapter 13 debtor to have two bankruptcy cases at the same time, a debtor is precluded from having two reorganization bankruptcy cases at the same time.”
Bill-Brown

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Back by popular demand, Judge Brown is at it again. This week he brings Academy subscribers three cases, all regarding the automatic stay.

caution

CLOSE TO HOME Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Counterfeit Check Cashing Scheme Lands Newark Man in Jail for 6 Years

Although there was no loss, Trustee Greenberg in Fairfield, New Jersey, was directly affected by this counterfeit operation. NJ State Police requested that she make a victim’s impact statement.Do you think six years is a long enough sentence? Click here and let us know your thoughts.
justice

From the Supreme Court

(Not password protected)
irs

From the IRS EXTRA

(Not password protected)

New Mailing Address for Forms 8809 — Faxes No Longer Accepted

All Forms 8809, Application for Extension of Time to File Information Returns,filed on paper are now processed by the Internal Revenue Service Center in Ogden, Utah. These paper forms must be mailed. Faxes will not be accepted.The mailing address is:

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0209

The IRS will only grant extensions for very specific reasons. For example, records were lost in a disaster or someone responsible for filing the company’s returns has an unavoidable absence.

nclc

From the National Consumer Law Center

(Not password protected)

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Program costs three times the amount collected from financially-strapped taxpayers
401k

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
judgehumphrey
In Case You Missed It . . .

A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

By the Honorable Guy R. Humphrey, United States Bankruptcy Judge, Southern District of Ohio
Click here for “. . . a framework for drafting complaints that will avoid unnecessary procedural motions and issues for the court and which will aid in the claimant’s obtaining the relief which is sought.”Judge Humphrey provides Academy members an excellent tool which can be found under The Toolbox tab in both the Definitions and Debtor Attorney categories.
January 8, 2018
Archives
judgehumphrey

A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

By the Honorable Guy R. Humphrey, United States Bankruptcy Judge, Southern District of Ohio
Click here for “. . . a framework for drafting complaints that will avoid unnecessary procedural motions and issues for the court and which will aid in the claimant’s obtaining the relief which is sought.”Judge Humphrey provides Academy members an excellent tool which can be found under The Toolbox tab in both the Definitions and Debtor Attorney categories.
scottstout

Why Can’t I Get My Chapter 13 Plan Confirmed? (Or Simple Keys on How I Can Satisfy the Trustee So I Can Get Paid)

By Scott G. Stout, Staff Attorney for Chapter 13 Standing Trustee Jeffrey M. Kellner (Dayton, OH)
Attorney Stout describes three easy ways to pave the way for plan confirmation and, hopefully, get paid along the way.
cpuflaw

In the Tech Department

(Not password protected)
creditcheck

Credit Check Shake-Up

(Not password protected)
401k

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
rapoport
In Case You Missed It . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“ . . . an opinion is going to involve some juicy facts when this is the first sentence: “This Motion to Expunge an attorneys’ fee lien asserted by the debtors’ former attorney involves an important tool in the judicial toolbox for addressing the dilemma of counsel who incompetently represent debtors who have a meritorious case.”
January 1, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“ . . . an opinion is going to involve some juicy facts when this is the first sentence: “This Motion to Expunge an attorneys’ fee lien asserted by the debtors’ former attorney involves an important tool in the judicial toolbox for addressing the dilemma of counsel who incompetently represent debtors who have a meritorious case.”
ridethrough

Sorry Folks, There is No “Riding Through” This Town!

By Academy Staff

“ . . . Faced with these equally undesirable alternatives, clever attorneys came up with a fourth option – the ‘ride through’. This alternative, not found anywhere in the Code, could be used where Debtor was not in default under the loan agreement.”

This is one you definitely want to read!

cfpb

CFPB Releases Report on State of Credit Card Market

(Not password protected)
Click here for highlights
Click here for entire report
scotusmale

Regarding the Supreme Court

(Not password protected)
taxreform

From Our Friends at Credit Slips

(Not password protected)
paidinfull

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • How to Get Away with Bankruptcy Fraud – Los Angeles is the nation’s hub for bankruptcy crime. Scammers prey on struggling homeowners with little fear of getting caught, because criminal enforcement of bankruptcy laws is rare.
December 25, 2017
Archives
marie-anngreenburg

On behalf of the Board of Directors and Staff of the Academy, we are pleased to bring you a special Holiday poem by one of our very favorite Trustees . . .

T’WAS AN UGLY SWEATER
By Marie Ann Greenber

There once was a sweater;
It wasn’t that nice.
Nobody would wear it;
Not even the mice.

The sweaters were knit by hand with great care.
They’re ugly still.
Wear them; I dare!

The children were puzzled and scratching their heads.
Dad’s wearing that? They yelled with great dread.

And moms going to let him?
and I’m yelling NO!
Theirs brains must have left them.
Their heads filled with snow.

Then all of a sudden there was a loud sound.
We jumped from our seats and looked all around.

It came from the chimney.
We were ready to flee.
Then down came a girl;
And her name was Aly.

Her sweater was hideous.
Her plan insidious.
She seemed quite rogue –
Perhaps a subscription to Vogue?

She swapped every present and filled every stocking with sweaters so ugly –
A sight oh so shocking.

Put them on and let’s see. She said with great glee.
The ugly sweater is all the rage.
Even Beyoncé wears one on stage.

Who’s is the best? Who wins this contest?
They all shouted ME.
Mine is ugly! You see.

So year after year we all gather here.
To show off our sweater and see who’s is better.

Merry Christmas and Happy New Year!

richard parker
In Case You Missed It . . .

Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons

By Richard J. Parker, Parker, Butte & Lane, P.C. (Portland, OR)
An excellent article exploring answers to can and should an undocumented person file for bankruptcy protection in America??
freeze

From The . . . Well . . . I’m Not Sure Where This is Coming From but Possible Freeze Could Affect Trustee Compensation

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
December 18, 2017
Archives
RICHPARKER

Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons

By Richard J. Parker, Parker, Butte & Lane, P.C. (Portland, OR)
An excellent article exploring answers to can and should an undocumented person file for bankruptcy protection in America.
item2

Fond Adieu to Beloved Trustee

(Not password protected)
juliawisenberg

Bankruptcy Court Refuses to Enforce Arbitration Clause for Claims Inextricably Bound Up with Bankruptcy Process

By Julia Wisenberg, Contributing Author
The Academy is pleased to have a new third year law student contributing author. Look for more great articles from Ms. Wisenberg.
marie-anngreenburg

/s/, A Signature; Not a Sword

By Marie-Ann Greenberg, Esq., Chapter 13 Standing Trustee, District of New Jersey (Newark Vicinage)

“This trustee has found a growing number of attorneys who file petitions and other documents without first having an original signature. They are using the simple /s/ procedure not as a signature, but as a sword. . . .In the Eastern District of Virginia an attorney was declared a forger by the bankruptcy court for filing a bankruptcy without an actual signed petition.”

NEW THIS WEEK . . . An Unexpected Development

In response to Trustee Greenberg’s article above, we received the following comment:

The Central District of California has recently done away with the Electronic signing declaration entirely.

See LBR 9011‐1. SIGNATURES

(a) Holographic Signatures. Except as provided below, every signature on a filed document must be handwritten in ink (holographic). If the document is filed electronically then the filer must scan the signature page and insert it into the electronic (.pdf) version of the document filed with the court. Nothing in this local rule precludes the filing of a signature page that has been transmitted to the filer by facsimile or .pdf, provided that the filer promptly obtains the document bearing the signer’s original holographic signature and complies with LBR 9011‐1(d) below. Under no circumstances may a reproduction of the same holographic signature be used on multiple pages or in multiple documents. Each page that bears the signature of a person must actually have been signed by the person whose signature appears on such page.

Anybody else have an alternative signature local rule??? Click here to let us hear from you.

search

From the ABA

(Not password protected)
nomoney

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
IN CASE YOU MISSED IT…

December 1, 2017 Rules Changes

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
burdenIn this series of articles, Beverly Burden and Larry Ahern have explained the changes to the Rules of Bankruptcy Procedure and the means by which the amendments bring more uniformity to chapter 13 practice.Click here for Part 1 – Claims: New Bar Dates and Other RequirementsClick here for Part 2 – Objections to ClaimsClick here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of ClaimsClick here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)Click here for Part 5 – New National and Local Plans: Common Elements and Related IssuesClick here for Summary which highlights the changes to each rule and provides a cross-reference to the articles, which give a more in-depth analysis.Click here for Unresolved Issues
December 11, 2017
Archives
marie-anngreenburg

/s/, A Signature; Not a Sword

By Marie-Ann Greenberg, Esq., Chapter 13 Standing Trustee, District of New Jersey (Newark Vicinage)
“This trustee has found a growing number of attorneys who file petitions and other documents without first having an original signature. They are using the simple /s/ procedure not as a signature, but as a sword. . . . In the Eastern District of Virginia an attorney was declared a forger by the bankruptcy court for filing a bankruptcy without an actual signed petition.”
pardo

Slavery and Bankruptcy in America

(Not password protected)
By Professor Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory Law (Atlanta, GA)

Summary/Commentary

(Not password protected)
By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)

plamosProfessor Rafael Pardo has written an extensive and fascinating article to be published in an upcoming Vanderbilt Law Review. He has given us a sneak peek. AND Attorney Phil Lamos gives us a brief summary of the study and a present-day commentary. New this week . . .

doj

From the Justice Department

(Not password protected)
December 4, 2017
Archives
burdenahern

December 1, 2017 Rules Changes – Part VI

Unresolved Issues

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
In this series of articles, Beverly Burden and Larry Ahern have explained the changes to the Rules of Bankruptcy Procedure and the means by which the amendments bring more uniformity to chapter 13 practice. This final article discusses two issues that will continue to be governed by local practice, rules, and judicial rulings.Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)
Click here for Part 5 – New National and Local Plans: Common Elements and Related Issues
Click here for Summary which highlights the changes to each rule and provides a cross-reference to the articles, which give a more in-depth analysis.
bankruptcycourt

From the Bankruptcy Courts

(Not password protected)
pardo

Slavery and Bankruptcy in America

(Not password protected)
By Professor Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory Law (Atlanta, GA)

Summary/Commentary

(Not password protected)
By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
plamosProfessor Rafael Pardo has written an extensive and fascinating article to be published in an upcoming Vanderbilt Law Review. He has given us a sneak peek. AND Attorney Phil Lamos gives us a brief summary of the study and a present-day commentary.

Bitcoins in the News

This is What Could Pop the Bitcoin Bubble

(Not password protected)
bitcoinSee also Academy resource: Bitcoins and Bankruptcy by Phil Lamos
whatstheplan

New Plans

(Not password protected)

Please check the attached list and send us a link to your plan if it is missing.Attached is the list of Plans. (Note that many of the form links will not open in Firefox but do open in Explorer.)

From our research (so far) ELEVEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; District of Vermont, Western District of Virginia; and the District of Wyoming.

bankruptcycourt

From the Bankruptcy Courts – New Clerkship Position

(Not password protected)
United States Bankruptcy Court Montgomery, AL
Term: 2 Years
Clerkship Type: Term Law Clerk-Chambers
Application Deadline: Dec 31, 2017
Term Start Date: Aug 22, 2018
November 27, 2017
Archives
whatstheplan

New Plans

(Not password protected)

Please check the attached list and send us a link to your plan if it is missing. Attached is the most recently updated list of Plans*. (Note that many of the form links will not open in Firefox but do open in Explorer.)

From our research (so far) ELEVEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; District of Vermont, Western District of Virginia; and the District of Wyoming.

Newly added to above list: District of Vermont

*The District of Kansas Plan has been updated.

 

November 20, 2017
Archives
ahern_larry

December 1, 2017 Rules Changes Part V

New National and Local Plans: Common Elements and Related Issues

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
burdenThe Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, Larry Ahern and Beverly Burden will explain these changes. In this fifth part of the series, the authors discuss chapter 13 plan requirements and the elements common to all chapter 13 plans.Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)
whatstheplan

New Plans

(Not password protected)

Thank you to those who responded with a link to your District’s Chapter 13 Plan. Attached is the most recently updated list of Plans. Note that many of the form links will not open in Firefox but do open in Explorer. From our research (so far) TEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; Western District of Virginia; and the District of Wyoming. ***Note that the Southern District of Indiana has been omitted from last week’s list and the Western District of Virginia has been added.***

Please check the attached list and send us a link to your plan if it is missing. Thank you for your assistance.

SKEHEN

A Fond Farewell

(Not password protected)
Beloved Albuquerque Trustee Retiring Soon

Bitcoins in the News . . . Again

Special Report: Twice Burned – How Mt. Gox’s Bitcoin Customers Could Lose Again

(Not password protected)
bitcoinSee also Academy resource: Bitcoins and Bankruptcy by Phil Lamos
rv

Many Older Americans are Living a Desperate, Nomadic Life

(Not password protected)
Click here for Nomadland at Amazon
debt

Student Loan Chronicles

(Not password protected)
hildebrand
IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

No Trustee Percentage Fee Says One Court

A Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor.

November 13, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor.
ahern_larry

December 1, 2017 Rules Changes Part IV

No Math Required? Avoiding Liens Under § 522(f)

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
We regret that parts of Part IV did not post properly last week. It has been reposted as a PDF. We regret any inconvenience.burdenThe Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, Larry Ahern and Beverly Burden will explain these changes. In part four of the series, the authors describe a nifty tool in the “national plan” that can be used as a part of any local plan or motion to calculate the amount of lien avoidance available under section 522(f).Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
whatstheplan

New Plans

(Not password protected)

Thank you to those who responded with a link to your District’s Chapter 13 Plan. Attached is the beginning of The Academy’s efforts to comprise an exhaustive list of Plans.

From our research (so far) TEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; Western District of Virginia; and the District of Wyoming.

Please check the attached list and send us a link to your plan if it is missing. Thank you for your assistance.

numbersblocks

By the Numbers

(Not password protected)

Bankruptcy Filings Spike in October

(Great news for those of us in the consumer bankruptcy business!)Slight increase in total bankruptcy filings reflects changes from September this year and October 2016.

justice

From the Supreme Court

(Not password protected)

Oral arguments heard 11/6 in Merit Management Group, LP v. FTI Consulting, Inc.

Issue: Whether the safe harbor of Section 546(e) of the Bankruptcy Code prohibits avoidance of a transfer made by or to a financial institution, without regard to whether the institution has a beneficial interest in the property transferred, consistent with decisions from the U.S. Courts of Appeals for the 2nd, 3rd, 6th, 8th, and 10th Circuits, but contrary to the decisions from the U.S. Courts of Appeals for the 7th and 11th Circuits.

debt

Student Loan Chronicles

(Not password protected)
kasper
IN CASE YOU MISSED IT…

Judicial Estoppel – The Eleventh Circuit Reexamines the Standard for its Application in Bankruptcy Cases

By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
“. . . This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which might otherwise be lost to the estate.”
November 6, 2017
Archives

IMG_0607

Shout Out to the Wonderful Folks
at the Credit Education Coalition Seminar
in Columbus, Ohio

GREAT educational meeting.

The Academy connected with many old
friends and made many new ones.

Thank you for inviting us.

lawbook

Judicial Estoppel – The Eleventh Circuit Reexamines the Standard for its Application in Bankruptcy Cases

By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
“. . . This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which might otherwise be lost to the estate.”
Davey

Meet the New Trustee

The ‘Women of Atlanta’ group continues to grow as Davey is appointed Chapter 13 Standing Trustee, replacing relocating Adam Goodman.
uscourts

From the Bankruptcy Courts

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
October 30, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Where a mortgage servicer fails to provide a detailed accounting when it disputes a trustee’s notice of final cure payment and fails to provide a timely response to the notice, the failure of the mortgage servicer’s counsel to comply with the deadlines set by the court justifies an award of attorney’s fees and an order precluding the introduction of any contrary information in the bankruptcy case or any subsequent case; the mortgage servicer was precluded from introducing any evidence that the mortgage obligation was not current and would be bound by a judicial conclusion that the mortgage was current.
weiss

Student Loans and the Elderly: How to Stop Student Loan Collectors and Social Security Garnishment

By Brett Weiss, Esq., Brett Weiss, Chung & Press, LLC (Greenbelt, MD)
“The number of Americans age 60 and older with student loan debt quadrupled between 2005 and 2015 to nearly 3 million. And the average amount they owe has nearly doubled from 12-thousand dollars to almost 24-thousand.”
burden

UPDATED Quick Reference Guide to 2017 Changes to Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden, Chapter 13 Standing Trustee for the Eastern District of Kentucky
Back in July, The Academy first posted Trustee Burden’s Quick Reference Guide which is a summary of certain changes to the Federal Rules of Bankruptcy Procedure effective December 1st. She has now UPDATED this ‘must have’ tool.
boat

New Trustee Has Need for Speed

(Not password protected)
“Helbling was appointed subsequent to the retirement of Craig Shopneck who served the Cleveland district for fifteen years.”
cfpb

From Our Friends at Credit Slips

(Not password protected)
pcexchange

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Taxpayers Who are Victims of Domestic Abuse Should Know Their RightsDomestic abuse often includes control over finances. An important part of managing finances is understanding one’s tax rights. Taxpayers have the right to expect the IRS to consider facts and circumstances that might affect the individual’s taxes.

debt

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
October 23, 2017
Archives
marshabrown

Reconversion Fees – To Pay or Not To Pay That Is the Question of the Day

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“If a case has previously been a Chapter 7, and there is cause to ask it to be removed from the Chapter 13 world and go back to Chapter 7, we file a Motion to Reconvert. Recently, the Clerk informed us of a new procedure . . .”

Bankruptcy Judge Receives Award

Bankruptcy Judge Mary F. Walrath Receives Prestigious Judge William L. Norton, Jr. Judicial Excellence Award
community

Newly Updated Conduit List

As of November 1st, the Western District of Texas will be conduit.

We have also corrected an error reflected in the Eastern District of Tennessee. The entire state of Tennessee is conduit.

cfpb

From the CFPB

(Not password protected)
doub

From the Bankruptcy Courts

(Not password protected)
pcexchange

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
October 16, 2017
Archives
burden

December 1, 2017 Rules Changes – Part 2

Objections to Claims

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III,Brown & Ahern (Nashville, TN)
ahern_larryThe Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes. In this second part of the series, the authors describe the new rules related to objections to claims and related issues.Click here for Part 1 – Claims: New Bar Dates and Other Requirements
hildebrand
Another New Critical Case Comment . . . Potentially a Precedent Setting Case

Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Above-median income debtors are required to contribute to their Chapter 13 plans the amount of any voluntary 401(k) loan repayment after that loan has been satisfied; voluntary contributions to a 401(k) account would be limited to 3% of the debtor’s income.
ohio

Southern District of Ohio New Plan

(Not password protected)

2017 Proposed Revisions to the District Wide Mandatory Form Plan and the Confirmation Order

uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Tacoma, WA

Application Deadline: When Filled

pcexchange

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
enmark
IN CASE YOU MISSED IT…

Do Secured Claims Need to Be Provided for By The Plan?

By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)
“Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.”
October 9, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“As long as Chapter 13 debtors are properly allocating tax refunds, earned income credit payments and irregular expenses properly, they cannot be compelled to turn over their tax refunds to confirm their Chapter 13 plan.”
enmark

Do Secured Claims Need to Be Provided for By The Plan?

By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)
“Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.” Do we see objections on the horizon??
cfpb

From the CFPB

(Not password protected)

CFPB Issues Interim Final Rule to Help Mortgage Servicers Communicate with Certain Borrowers at Risk of Foreclosure

(Bureau Also Seeks Comment on Separate Proposed Rule Modifying Timing Requirements for Bankruptcy Periodic Statements)
Click here for interim final rule on mortgage servicer communication flexibility
Click here for proposed rule on periodic statementsSee also: U.S. Regulator Eases Part of New Mortgage Servicing Rules
And in other CFPB matters . . .
Consumer Protection Bureau Cracks Down on Payday Lenders with Tough Nationwide Regulations
bankruptcycourt

From the UST

Chapter 7 Panel Trustee Advertisements

(Not password protected)
Location: Eastern District of California (primarily Redding)
Application Due Date: November 3, 2017
uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Tacoma, WA

Application Deadline: When Filled

irsman

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

The IRS Will NOT Call You to Demand Payment

Phone calls continue to be one of the most common ways thieves try to get taxpayers to provide personal information . . . Sometimes the scammer tells the taxpayer they owe money and must pay right away OR they might say the person has a refund waiting, and then they ask for bank account information over the phone.
irs

Disaster Related From the IRS

(Not password protected)

IRS Provides Tax Relief to Residents of Puerto Rico and the Virgin Islands

webinar

Webinar: Office Security

Another great resource . . . Trustees Deb Miller and Debbie Langehennig present this 42-minute training designed for the entire office, both professionals and support staff. This webinar teaches the importance of having office procedures in place for all types of breach in security such as intruders, workplace violence and receipt of suspicious packages.
Bill-Brown
IN CASE YOU MISSED IT…

United States Trustee Challenges Practice of Filing Time-Barred Claims

By The Honorable William Houston Brown (Retired)
“ . . . the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that proof of claim was inconsistent with the bankruptcy rules and the instructions on the proof of claim; however, . . .”
October 2, 2017
Archives
cmoran

Two For One

In a Two for One special, Attorney Moran brings Academy readers two articles addressing mortgage servicing issues and the power of Rule 3002.1.

Mortgage Servicing Under the Microscope

The judge looked closely at the creditor’s accounting records and found the usual fright . . . then holding secured creditor in contempt of stay and confirmation order for its loan servicing blunders.

Chronicles of Bankruptcy Rule 3002.1

A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage; thus we have FRBP 3002.1 said Judge Hannah Blumenstiel.

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs brings readers a doozy! In its attorney/client contract, the firm actually used the adjective “bare-bones.”Have an ethics question? Feel free to submit it by clicking here.
Bill-Brown

United States Trustee Challenges Practice of Filing Time-Barred Claims

By The Honorable William Houston Brown (Retired)
“ . . . the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that proof of claim was inconsistent with the bankruptcy rules and the instructions on the proof of claim; however, . . .”

Big News From Equifax . . . That Has Nothing To Do With The Data Hack

(Not password protected)
Equifax Makes Bankruptcy Change That Affects Hundreds of Thousands — For years, Equifax policy has treated some Chapter 13 filers differently than the other two credit rating agencies. Equifax now says it will change the policy.
blog

For Your Blog

(Not password protected)
webinar

Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy

Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
creditslips

From Our Friends at Credit Slips

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
tangledwebs
IN CASE YOU MISSED IT…

Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Webs We Weave

By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
September 25, 2017
Archives
burden

December 1, 2017 Rules Changes – Part I

Claims: New Bar Dates and Other Requirements

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
ahern_larryAs you know, the Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes individually. Part 1 of the series describes the new rules related to claims bar dates and related issues.
tangledwebs

Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Web We Weave

By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
parrish

Loss of Purchase-Money Protection in 1325 Cramdowns – Follow-Up

By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
ahern_larryClick here for Part I
Click here for Part II
Click here for Part IIIThe Academy received a follow-up question regarding this series and we are pleased to post the Q & A:Q: What is your opinion on a subsequent loan that is cross-collateralized with a 910 loan?
A: While ‘opinion’ is a strong word, here’s the response: “The drafters of Article 9 in 2001 left the question open for courts to follow existing law, or not. See Part 1 of the series. So, if there has not been a decisive ruling in the jurisdiction since 2001, you should be free to argue either way.”
community

Conduit Trusteeships

Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit Changes have been made to South Carolina and the Western District of Texas.

irs

Disaster Related

(Not password protected)

All of Georgia Now Eligible for Disaster Tax Relief

Hurricane Irma victims in the entire state of Georgia now have until Jan. 31, 2018, to file certain individual and business tax returns and make certain tax payments.
creditblocks

From Our Friends at Credit Slips

(Not password protected)
cfpb

From the CFPB

(Not password protected)

CFPB Amends Rules to Provide Flexibility and Clarity to Certain Mortgage Lenders in Collecting Information – Bureau Also Seeks Public Comment on Proposal for Disclosure of Mortgage DataThe CFPB modified Equal Credit Opportunity Act (ECOA) regulations to provide additional flexibility for mortgage lenders in the collection of consumer ethnicity and race information. Click here for the final rule on ECOA issued 9/20/17.

detective
IN CASE YOU MISSED IT . . . The Academy has an excellent resource . . .

Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy

Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
September 18, 2017
Archives
parrish

Loss of Purchase-Money Protection in 1325 Cramdowns – Part III

By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA)

“Prompted by recent bankruptcy court decisions, the purpose of this multi-part article is to review the rules under § 1325 and the UCC and help practitioners understand this arcane area.”In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.

In Part II, he discusses two recent cases that favored the debtor (one in a surprising way).

community

Conduit Trusteeships

Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit Changes have been made to South Carolina and the Western District of Texas.

disasterrelated

Disaster Related

(Not password protected)

Harvey’s Hit to Mortgages Could Be Four Times Worse Than Predicted—and Then There’s Irma

  • As many as 300,000 borrowers could become delinquent on their loans after Hurricane Harvey, Black Knight Financial Services says.
  • That is four times the original prediction because new disaster zones were designated and more homes flooded.
  • The sheer volume of homes hit by Hurricane Irma will likely cause an increase in mortgage delinquencies as well, though the storms are difficult to compare.
doj

From the UST

Trusteeship Opening

(Not password protected)

Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017

uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Toledo, Ohio

Application Deadline: September 29, 2017

Career Law Clerk Opening – Columbus, Ohio

Application Deadline: September 22, 2017

blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
purdy-bill
IN CASE YOU MISSED IT . . .

When Mortgage Lenders Monkey With Your Client’s Loan

By William J. Purdy, III, Simmons & Purdy (Soquel, CA) (Used with permission, originally published by BankruptcySoapbox.com 2017)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
September 11, 2017
Archives
hurricaneirma Florida, Georgia, Alabama, Texas, Louisiana, and Puerto Rico:  Our thoughts and prayers are with you. Our hearts go out to all those touched by this series of hurricanes – both directly or indirectly.

Disaster Related

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  • IRS Urges Taxpayers to Prepare for Hurricanes, Floods and Other Disasters
    For September’s National Preparedness Month, the IRS offers advice to taxpayers who may be affected by storms, fires, floods or other disasters reminding them that the agency is here to help, including offering a special toll-free number (866-562-5227) to taxpayers in federally-declared disaster areas that’s staffed with IRS specialists trained to handle disaster-related issues.
ahern_larry

Loss of Purchase-Money Protection in 1325 Cramdowns – Part II

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.In this Part II, he will discuss two recent cases that favored the debtor (one in a surprising way).

Next week, in Part III, Christina Parrish will set up a complex fact situation and provide a roadmap for the debtor to show that a PMSI no longer exists, when a subsequent transaction operates to extinguish the PMSI, thereby allowing a “cram-down.”

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From the UST

Trusteeship Opening

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Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017

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From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Toledo, Ohio

Application Deadline: September 29, 2017

Career Law Clerk Opening – Columbus, Ohio

Application Deadline: September 22, 2017

caution

Sanctions and Irony and Fraud, Oh My!

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blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern_larry
IN CASE YOU MISSED IT . . .

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
September 4, 2017
Archives

happylaborday

hurricaneharvey Corpus Christi, Houston, Orange, Rockport, San Antonio, Beaumont, Spring, Refugio, Clodine, Aransas Pass, Dickinson, Rosenberg, Pearland, Fulton, Katy, Alvin, Friendswood, League City, Pasadena, Seabrook, Lumberton, Webster, Port Arthur, and all the towns and cities in between, our thoughts and prayers are with you. Our hearts go out to all those touched by Harvey – directly or indirectly.
doj

From the UST

Trusteeship Opening

(Not password protected)

Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017

community

Conduit Trusteeships

Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
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In the “Greatest Hits” Category

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
blog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern_larry
IN CASE YOU MISSED IT . . .

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.