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Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

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The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

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This Week's Featured Articles

What is a “Consumer Debt”?

M. Jonathan Hayes

April 21, 2024

By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

Members

Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

Members

The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

Curated (Free) Selections

Judge Dies

Passing of Lion of the Bankruptcy World
The Honorable Kevin J. Carey, District of Delaware, passed away suddenly on April 11^th.

Click here for obituary

Sanctions and Irony and Fraud, Oh My!

Senior Administrator for Dolton, Ill. and Thornton Township, Ill. Charged in Federal Court with Bankruptcy Fraud (Ouch!)

As Consumers Lose Millions to Gift Card Scams, Lawmakers Pressure Businesses

US Army Financial Counselor Admits to Defrauding Millions from Gold Star Families: DOJ (Not bankruptcy but despicable.)

CFPB Takes Action Against Coding Boot Camp BloomTech and CEO Austen Allred for Deceiving Students and Hiding Loan Costs

Student Loans Chronicles

Most Student Loan Borrowers Say They’ve Delayed Major Life Events Due to Debt: Gallup

Biden’s New Student Debt Relief Proposal Aims to Avoid Supreme Court Fate

For Your Blog

Supreme Court Gives Some Military Veterans More Generous Educational Benefits

Be Ready for Next Year: IRS Tax Withholding Estimator Helps Ensure Withholdings Are Correct for 2024

From the Courts

D. NV - UST implementing virtual § 341s in 7, 12, and 13s held on or after 6/3/24.

M.D. GA - The Honorable Robert M. Matson joined the U.S. Bankruptcy Court for the Middle District of Georgia on Monday, April 15, 2024. Judge Matson will receive new case assignments shortly - Matson's chambers page is now available.

N.D. IL - Court has revised its local notice of motion forms: Form G-3 (Notice of Motion) and Form G-3.1 (Notice of Emergency Motion) - first page of each is the same, but the second (the certificate of service) has been changed so that the signer must clearly select whether the signer is an attorney or a non-attorney.

M.D. NC - Review proposed amendments to the form Chapter 13 Plan – comment by 5/8/24.

C.D. CA - Comment Period for Court’s Proposed Strategic Plan ends 6/12/24

W.D. TN - Comments sought regarding the reappointment of the Hon. Jennie D. Latta. Link to full public notice

M.D. AL - New rules are available here. New forms are available here. There is also a list of changes broken down by rule and a list of all motions that can be filed by negative notice.

D. SC – Practice Reminders from the judges

W. and E. D. MI - Michigan Court Rule 2.421 regarding Notices of Bankruptcy Proceedings takes effect on 5/1/24.

Current Articles

What About Conditional Confirmation?

Henry E. Hildebrand, III

April 14, 2024

It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

Members

The Means Test Income

Cathy Moran

April 14, 2024

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

Members

Sub V Update

Paul W. Bonapfel

April 14, 2024

Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

From the Archives – An Oldie but Goodie

Nancy B. Rapoport

April 14, 2024

Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.

Members

Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

Members

Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

M. Jonathan Hayes

April 7, 2024

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

Members

From the Archives – Escrow 101 and 102

Michael J. McCormick, Esq.

April 7, 2024

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.

Members

Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Henry E. Hildebrand, III

March 31, 2024

Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).

Members

What Else Does the Code Say About Interest and Unsecured Debts?

Ken Siomos

March 31, 2024

While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

Members

Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

M. Jonathan Hayes

March 31, 2024

Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

Members

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

The Honorable William Houston Brown

March 31, 2024

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

Members

What Does the Bankruptcy Code Say About Interest and Unsecured Debts

Hale Andrew Antico

March 24, 2024

“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.

Members