Judge Brown looks at the “Stimulus Bill”

“Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under section 6428 of the Internal Revenue Code.” . . . Section 1001 also amends Bankruptcy Code § 1328 to add subsection (i)(1), . . .”

• April through September saw the lowest Chapter 13 filing rate since at least 1994.

• Lowest Chapter 13 Filings Since Before 1994

“Intellectually curious and committed to helping develop a generation of excellent attorneys, Bernstein continued to teach while building his own career, including courses at the University of Toledo, Wayne State and the University of Detroit law schools.”

Click here for obituary

• Western District of Kentucky – Welcome new judge – Honorable Charles R. Merrill
• Northern District of Georgia – Public Notice Regarding Virtual Celebration for the Retiring Hon. W. Homer Drake, Jr.
• Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
• District of Arizona – Changes to Courtroom Deputy Assignments
• District of Nevada – Effective 1/1/21, updated Mortgage Modification Program is in effect.

• Click here for the Emergency Directive
• Corporate Secrets at Risk in Hack of U.S. Courts Documents

Judgeship Positions

• Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21

Chapter 13 Standing Trustee

• Northern District of Illinois, Eastern Division – Application due date 2/5/21

• CFPB Has Prevailed Against a Challenge to Its Authority in the Ninth Circuit

• CFPB/Santander Consent Order (previously reported agreement)

• SPREAD THE WORD: The EIP Stimulus Payment Prepaid Card: Not a Scam; How to Avoid Fees

• Their Finances Ravaged, Customers Fear Banks Will Withhold Stimulus Checks

• Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
• District of Arizona – Changes to Courtroom Deputy Assignments
• Northern District of Illinois – Congratulations to Elizabeth Peterson, the David S. Yen Bankruptcy Help Desk Volunteer of the Year
• Middle District of Florida, Fort Myers Division – In order to align the Court’s case numbering system with that of the District Court, effective January 1, 2021, the “location code” for cases filed in the Fort Myers Division will be changed from “9” to “2” – attorneys should use the “2” location code in all filings in Fort Myers Division cases.
• District of Nevada – Effective 1/1/21, updated Mortgage Modification Program is in effect.
• District of Nevada – Chapter 13 Presumptive Fees – Request for Public Comment
• District of South Carolina – 2020 South Carolina Bankruptcy Law Association Awards

Your assistance is requested.This is the 21st year that Ron Burdge has undertaken the herculean task of surveying consumer attorneys about their work and fees. The last published Consumer Bankruptcy Survey Report was 371 pages of detailed city and state data, that breaks down the fees that different courts allow and that attorneys charge for the various aspects of consumer rights and bankruptcy cases. There has never been any charge for the survey reports that are published and generously posted online for everyone’s use.Previous reports have been used in Courts nationwide to award more than thirty million dollars in attorney fees to consumer advocates all over the country, including consumer bankruptcy attorneys. State and Federal Courts routinely rely on this report in awarding hourly fees in consumer cases. (If they aren’t using this report in your cases, you should be using it as evidence!) It is one of the primary resources that has been used to increase presumptive fees set by bankruptcy courts in Chapter 13 cases and also invaluable for attorneys in setting their fees for Chapter 7 cases.

The more people that participate the more accurate and useful the data becomes, so please feel free to share this with your local listservs and Google groups.

Go to www.AttorneyFeeStudy.com to fill out the online questionnaire. The survey does not obtain any personal information and there is no charge to participate and no charge for obtaining the published survey results.

Judgeship Positions

• Eastern District of Michigan – Application due date 1/8/21
• Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21

• You need to glance at this one. Our guess is that Debtor Attys will see debts from these cards in the future. . . . CFPB Issues Approval Order to Facilitate the Use of Dual Usage Credit Cards “The card is designed for consumers with a limited or damaged credit history as a tool that can be used to establish or reestablish a favorable credit history. Synchrony intends to offer a lower rate on secured use with the opportunity for eligible accountholders to graduate to unsecured use after 12 months.”

• CFPB Issues Advisory Opinion to Help Expand Fair, Equitable, and Nondiscriminatory Access to Credit

The 2nd “Stimulus Bill” was passed by both houses of Congress but not signed by the President. This Bill, if it becomes law, contains changes that affect consumer bankruptcy practice. We will be bringing you more on this in the weeks to come.

• Congress Passes $2.3T Coronavirus Relief, Government Funding Deal
• Consumer Relief: COVID Bill to End ‘Surprise’ Medical Bills

Interested in Joining: Click here!

If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.

• Stimulus Bill Won’t Extend Payment Pause for Student Loan Borrowers

• 5 Reasons Student Loan Relief May Have Been Left Out of the Stimulus

Judgeship Positions

• New Notice: Eastern District of Michigan – Application due date 1/8/21
• Eastern District of Tennessee – Application due date 1/6/21
• Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21

Staff Attorney

• Middle District of Georgia (Columbus) – Application due date 1/8/21

• CFPB Settles with Student Loan Servicers Discover Bank, The Student Loan Corporation, and Discover Products, Inc. for Violating a Bureau Consent Order and Other Unlawful Practices ($35 million)

• CFPB Settles with Santander Consumer USA Inc. for Credit Reporting Violations in Connection with Its Auto Loans ($4,750,000 penalties)

Merry Christmas from our own Academy Secret Santa.This little ditty is designed to brighten your Holiday Season even in a “Chapter 10”, pandemic, fire and hurricane laden 2020.

“Paying the unsecureds fair distribution;
Based on an income and asset solution.
Offering a venue to litigate fairly
Those disputed debts you can pay only barely.”

Interested in Joining: Click here!

If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.