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April 15, 2019
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Archives |
Passive Retention: A Creditor’s Right or an Act to Exercise Control?
As reported in March, we are pleased to publish the first of several articles written by law students who benefited from the grant money provided by the National Data Center.
“ . . . Whether it is a motor vehicle or other collateral, this type of dispute is the prompt to the Duberstein Moot Court Competition and leads to the questions of whether passive retention of property is a violation of the automatic stay.”
Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong
Tax attorney Bill Purdy says: “Don’t take IRS form 1099 at face value.”
“Financial intuitions use dart boards, Ouija boards, soothsayers, the entrails of an owl, and basically any number they feel like using for the fair market value.”
More from this author: Crushing Tax Change for Injured Consumers
Hot Off the Press – ABI Report
The Final Report of the ABI Commission on Consumer Bankruptcy has now been released. The Report is available for download at ABI.org. Click here, complete the short form (name and email address) and you will be sent a link to the 274-page report.
You may also click here for a summary
Beginning next Monday, ConsiderChapter13.org will publish a series of explanatory articles related to topics of interest to you addressed in the report.
Webinar Now Available
Ditech – What Consumer Bankruptcy Folks Need to Know
On April 3rd, The Academy d/b/a ConsiderChapter13.org produced an excellent webinar regarding the bankruptcy of Ditech and its affiliates.
Tara Twomey and Thad Bartholow did an excellent job teaching attendees: how/where to file claims; the bar date; the entire list of entities involved; why your client may not have received notice and what to do about it; what the proposed plan does and doesn’t say; and more.
This resource is FREE to subscribers or is available for $25 per view for non-subscribers. Or click here to subscribe!
See also: Ditech Bankruptcy Loophole Could Cause Adverse Effect for Some Homeowners
Discounted Registration Price ENDS Tomorrow – April 16th! Save $200 by registering right now!!
Click here to see the fabulous program offered – The Honorable Kevin R. Anderson joins Lundin and Hildebrand for the annual case law update.
Register NOW for NACTT Indianapolis
Think Indy isn’t fun? Think they don’t have GREAT restaurants? THINK AGAIN . . .
- Click here for Indy’s Top 25 Local Restaurants
- Check out this list of Restaurants near JW the Marriott Indianapolis by OpenTable
- Click here for a fun list of 47 Unconventional Things to do in Indianapolis
- FREE – Click here for 20 FREE Things to do in Indy
On the IRS
- Middle-Class Homeowners Hit by New Tax Law: “This is going to wipe us out”
Sanctions and Irony and Fraud, Oh My!
Student Loan Chronicles
- Student Loan Debt Could Affect Your Job in 13 States – While some states have laws to punish those in student loan default, enforcement varies widely.
- ‘Lousy System’: U.S. official who resigned explains how the student debt crisis got so bad
- 21 States to DeVos: Stop blocking our efforts to crack down on student-loan companies
- (Proposed Texas legislation you need to be aware of) Is Old Debt Coming Back to Haunt You? Why you may no longer have to worry about it
For Your Blog
IN CASE YOU MISSED IT . . .
Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”
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April 8, 2019
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Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”
I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case
From the Editor
This week Judge Brown looks at two cases – one on the ever popular topic of attorney fees and the other on confirmation:
- Attorney Fees – Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion.
- Confirmation – Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien.
Discounted Registration Price EXTENDED through April 16th! Save $200 by registering right now!!
Click here to see the fabulous program offered – The Honorable Kevin R. Anderson joins Lundin and Hildebrand for the annual case law update.
Register NOW for NACTT Indianapolis
Click here for registration forms only
Think Indy isn’t fun? Think they don’t have GREAT restaurants? THINK AGAIN . . .
- Click here for Indy’s Top 25 Local Restaurants
- Check out this list of Restaurants near JW the Marriott Indianapolis by OpenTable
- Click here for a fun list of 47 Unconventional Things to do in Indianapolis
- FREE – Click here for 20 FREE Things to do in Indy
W.Va. Bankruptcy Judge Nominated to U.S. District Court
Judge Volk Nominated to U.S. District Court
From the National Consumer Bankruptcy Rights Center
From ProPublica on the IRS
Student Loan Chronicles
- Student Loan Relief for Public Servants: 38,460 applied, only 262 accepted
- How Student Loans Impact Your Taxes – Student loan borrowers could qualify for education tax breaks and may want to rethink filing status.
Farmers in the News
- Caution Is Watchword for Local Farmers – With 2019 trade environment murky, every factor matters
Regarding Retirement
For Your Blog
IN CASE YOU MISSED IT . . .
Critical Case Comment
When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)
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April 1, 2019
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Critical Case Comment
This one is for the creditors!!!When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)
From the Editor
This week Judge Brown looks at four cases. He brings us one synopsis on lien modification and three relating to debtor attorneys:
REMINDER – INCREASES GO INTO EFFECT TODAY!! (APRIL 1ST)
Dollar Amount Increases in Bankruptcy Code
Sanctions and Irony and Fraud, Oh My!
- Is Manafort-Style Mortgage Fraud More Common Than We Think? Mortgage fraud is on the rise as more consumers use false claims to jump hurdles to homeownership
IN CASE YOU MISSED IT . . .
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part IV – The Lower Courts Struggle with Arbitration Guidelines
What’s an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question
Click here for Part II
Click here for Part III
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March 25, 2019
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Archives |
Duberstein Bankruptcy Moot Court
In partnership with The Academy, the National Data Center awarded two $5,000 scholarships to teams wishing to participate in the Duberstein competition. Sixty-two teams in all participated in the Honorable Conrad B. Duberstein National Bankruptcy Moot Court Competition this year. Duberstein is the only bankruptcy-focused national advocacy competition and is sponsored by the American Bankruptcy Institute and hosted by St. John’s University Law School in New York.
The National Data Center grants were awarded to teams from the University of Illinois and the University of Texas. Both schools advanced to the Sweet Sixteen at the national competition, Illinois advancing one team and Texas sending through two teams this year. One University of Texas Law School team then advanced to the Final Four, finishing 3rd in the competition and also receiving an outstanding brief award.
CONGRATULATIONS TO BOTH TEAMS UNIVERSITY OF ILLINOIS AND UNIVERSITY OF TEXAS AND THEIR COACHES, DEBBIE LANGEHENNIG AND PROF. BOB LAWLESS!!!!
In coming weeks, watch for articles written by law student team members.
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part IV – The Lower Courts Struggle with Arbitration Guidelines
What’s an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question
In this series of articles for the Academy, Larry Ahern reviews the effect of arbitration clauses in bankruptcy proceedings. Today, he concludes the series with some suggestions and resources for parties on all sides of the arbitration question.
Click here for Part I
Click here for Part II
Click here for Part III
See also: Forced Arbitration Is Unjust and Deeply Unpopular. Can Congress End It?
From the Editor
Judge Brown was chained to his desk this week and shares three case synopsis, each on discharge issues:
New from the Supremes
Supreme Court Defines ‘Debt Collector’ Under Fair Debt Collection Practices Act
From the IRS
Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns
Want to learn more about Chapter 12?
Register Now for the Chapter 12 Conference
Register NOW! |
REMINDER – INCREASES GO INTO EFFECT APRIL 1ST
Dollar Amount Increases in Bankruptcy Code (Not password protected)
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March 18, 2019
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Trustee May Use Any Law Available to Avoid a Transfer
From the Editor
Judge Brown was back at his desk this week and takes a look at two cases dealing with confirmation:
Ensure You Understand Insurance in Bankruptcy
From the IRS
There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040
Passing of District Court Judge
Pioneering Judge Mary Lou Robinson Dies at 92
A popular link from last week . . .
Bending the FDCPA to the Breaking Point
3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector
From the National Consumer Bankruptcy Rights Center
What is Bankruptcy Fraud?
Key Concepts Concerning Bankruptcy Fraud: the Wagoner Rule and the In Pari Delicto Defense
Sanctions and Irony and Fraud, Oh My!
In Case You Missed It . . .
Dollar Amount Increases in Bankruptcy Code
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March 11, 2019
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Tips and Traps: Issuing A Subpoena for Bank Records
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part III – The Lower Courts Struggle with Arbitration Guidelines
Click here for Part IISee also:Arbitration in Bankruptcy — Discharge, the Easy Case
From the IRS
Here’s How a Name Change Affects a Tax Return
- When someone legally changes their name, there are tax consequences they need to know about., especially at tax time.
IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief
- Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments.
Farmers in the News
‘We Need It Now': U.S. Farm Country Pins Hopes on China Trade Deal
Want to learn more about Chapter 12?
Register Now for the Chapter 12 Conference
Register NOW! |
NEW Chapter 7 Trustee Positions Available
Due Date: March 22, 2019Location: District of Maryland, primarily the Northern Division (including Baltimore and Salisbury)
Due Date: March 22, 2019
Payday Lenders in the News
Move to Pull Consumer Protection Rule Heightens Debate Over Payday Lending
Bending the FDCPA to the Breaking Point
3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector
From the National Consumer Bankruptcy Rights Center
Vocabulary Term of the Week
- The Suitability and Logic of ‘Suitability Logic’ in Valuations – Article describes new trends in lender valuation processes
For Your Blog
- Debt Collectors: Make Sure They’re Legit, and They Can’t Scream, Curse or Threaten You
In Case You Missed It . . .
Dollar Amount Increases in Bankruptcy Code (Not password protected)
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March 4, 2019
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Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit
Why Bankruptcy Judges in North Carolina Still Appoint Trustees (Not password protected)
This is a panel you won’t want to miss!
Register NOW for NACTT IndianapolisClick here for registration forms only
Dollar Amount Increases in Bankruptcy Code (Not password protected)
Farmers in the News
- USDA Has Paid Out $7.7 Billion to Help Farmers Hit by Trump’s Tariffs – “Under the trade dispute, soybean exports to China alone have plummeted by 22 million tonnes, or over 90 percent,” said the USDA.
- Economists Don’t See Farm Crisis – Bankruptcies, Loan Delinquency Rates Don’t Reflect Ag Economy in Distress
Want to learn more about Chapter 12? Attend the Chapter 12 Conference.
Register NOW! |
UST Has Multiple Trustee Positions Posted
Application Due: March 19, 2019Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
About Income Tax Changes
Tax Refunds Down 17%: IRS
Payday Lenders in the News
For Your Blog
‘Where’s My Refund?’ Remains Easiest Way to Check Tax Refund Status
Student Loan Chronicles
- Government’s Trillion-Dollar Student Loan Office Is a Train Wreck – A “damning” inspector general report reveals shady tactics on the business side of the American education system
- U.S. Student-Loan Delinquencies Hit Record – Past-due debt reached $166 billion in the fourth quarter, but may be understated
- Public-Interest Lawyers Who Sued Over Student-Loan Forgiveness Are One Step Closer – A judge said the government’s changing approach to whether some borrowers qualify was ‘arbitrary and capricious’
- End of the Road for Argosy – Trump administration cuts off Title IV student aid for Argosy University campuses and blocks deal to go nonprofit after chain fails to make payments to thousands of students.
Sanctions and Irony and Fraud, Oh My!
- In the “You Can’t Make This Stuff Up” Department – In Retrospect, Expert’s ‘How To Make Child Pornography’ Exhibit Might Have Been A Bad Idea
- Meet the Wives Whose Husbands Committed White-Collar Financial Crimes – These women are bouncing back financially after their partners committed fraud and embezzlement
- (Small bankruptcy connection) Fake Invoices and Gambling Debts: How a county bureaucrat stole $6.7 million
In Case You Missed It . . .
Critical Case Comment
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February 25, 2019
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Critical Case Comment
Rescuing a Troubled Chapter 13: The Unseen Threat
Meet an AO Trustee
!!! IT’S TIME IT’S TIME IT’S TIME !!!
“This year’s program is filled with a range of relevant and timely topics of interest to consumer practitioners. Members of the ABI Commission on Consumer Bankruptcy will discuss recommendations related to Chapter 13 and how those recommendations may impact the Chapter 13 practice. These and other talented speakers will address topics on critical issues involving mortgages, graying of debtors, factors impacting discharge rates, modifications, Chapter 13 duties, powers and limitations, negotiating with secured claimholders, class actions, security clearances, loss mitigation, presentation skills, new bankruptcy rules and local plans, strategies for addressing student loans, and three hours of sessions related to ethics. The always-popular case law update is returning again this year, featuring the Honorable Keith M. Lundin, the Honorable Kevin R. Anderson, and Trustee Henry E. Hildebrand III.” – Program Chair Linda B. GoreRegister NOW for NACTT Indianapolis
Click here for registration forms only
From the Supreme Court
- Argument Analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy
UST Has Multiple Trustee Positions Posted
Application Due: March 19, 2019
Application Due: March 1, 2019
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
About Income Tax Changes
There’s Always a Car
- How Scary Are Subprime Auto Loans? Unlike subprime mortgages during the financial crisis, they don’t pose a risk to the system.
For Your Blog
As Refunds Dip Again, Treasury Cites Last Year’s Tax Cut
Sanctions and Irony and Fraud, Oh My!
In Case You Missed It . . .
When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge
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February 18, 2019
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Archives |
When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part II: More Supreme Court Action on Arbitration
In this series of articles, Larry Ahern selects several recent decisions addressing the effect of arbitration clauses. He starts with three cases presented to the Supreme Court in 2018, including one decided after Part I of this series was published.Stay tuned for Part III – Mr. Ahern will consider what guidance may be found in the caselaw to date, especially as it relates to core proceedings, like student loan dischargeability disputes.
Note Correction to Part I of this Series
Part I has been corrected since its original publication on January 21. In the Conclusion, the phrase “to extend that commitment” has been amended to read “not to extend that commitment.” Thanks to Mark Leffler for noting the typographical error.
See also:
Applying a U.S. District Court’s Local Mediation Rule in Bankruptcy Court: Iowa & Minnesota Examples
Mediation as “Entirely-Voluntary”: An Unexamined Value That’s Not Worth Keeping
Farmers and Chapter 12
In Debt and Out of Options, Thousands of Dairy Farmers Turn to GoFundMe for Bailout
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Want to learn more about Chapter 12?
On July 15 & 16 (just prior to the NACTT Conference) the Association of Chapter 12 Trustees (Act2) will host a day and a half seminar on all things Chapter 12.
Register NOW! |
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Study of Continued Interest
Personal Bankruptcy Decisions Before and After Bankruptcy Reform
UST Has Multiple Trustee Positions Posted
Application Due: March 19, 2019Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
About Income Tax Changes
CFPB In The News
CFPB Cripples New Rules for Payday Loans
For Your Blog
Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov
Sanctions and Irony and Fraud, Oh My!
In Case You Missed It . . .
Meet Another Trustee
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February 11, 2019
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Archives |
Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?
Chapter 12 and the Challenge of the New Farm Crisis (Reprinted with permission from the ABI Journal, Vol. XXXVIII, No. 2, February 2019)
“The Most Powerful – Yet Most Underutilized – Chapter of the Code”
“If your firm does small business chapter 11 or 13 cases, but you have never handled a chapter 12 case, it is worth consider¬ing. There are a lot of farmers and fishermen out there. Their businesses tend to be highly leveraged, and they operate under tremendous financial and physical risks. Very few of them realize what Congress did to help them three decades ago.”
See also:
Farmer Bankruptcies Swell to Decade High in Farm Belt
Farmers Nearing Crisis Push Back on Trump Trade Policies – Low prices, trade wars and higher interest rates are depressing farm incomes.
And note Act2’s new Twitter account – @farmfreshstart
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Want to learn more about Chapter 12?
On July 15 & 16 (just prior to the NACTT Conference) the Association of Chapter 12 Trustees (Act2) will host a day and a half seminar on all things Chapter 12.
Register NOW!And note Act2’s new Twitter account – @farmfreshstart |
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Meet Another Trustee
UST Has Multiple Trustee Positions Posted
Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019
Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019
Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019
Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019
Worth repeating . . .
Eviction Diversion Programs and Chapter 13 Bankruptcy
About Income Taxes
- Why Millions of People Are Getting Hit with a Surprise Tax Bill This Year – An effort to make the tax bill look better ended up making it look worse.
For Your Blog
- Credit Errors Upend Lives of Thousands of Consumers – Lawsuits accuse Equifax of not properly investigating disputes, despite laws and settlements about the issue dating back decades.
- Stuck in Student Loans? Don’t blow your tax refund — here are 4 smart ways to spend it
Student Loan Chronicles
- Student Loan Debt Burdens Boomers as Well as Millennials – Baby boomers 60 or older are the fastest-growing category of student loan debtors, Guardian Life reports.
Sanctions and Irony and Fraud, Oh My!
- Developer Behind $58M Ponzi Scheme Sells Manhattan Properties at Auction – Michael D’Alessio could lose more than $50M in assets to the Feds
- A Chapter 13 case. You WANT to read this one . . .Belleville Resident Pleads Guilty to Falsifying a Record in Bankruptcy Proceeding
In Case You Missed It . . .
Critical Case Comment
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February 4, 2019
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Archives |
Critical Case Comment
Avoidance Powers in Chapter 13 – Part 6 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Click here for Part 4 of 6
Click here for Part 5 of 6
Eviction Diversion Programs and Chapter 13 Bankruptcy
The NACTT annual conference will be one of the best, EVER. DON’T MISS IT. All your favorites* will be offered but new topics such as the successfulness, or not, of loss mitigation programs will be discussed.
*Note that the Annual Case Law Update will be Friday AFTERNOON. Reminder, the conference is Wednesday, Thursday and Friday.
From the IRS
Here’s What Taxpayers Should Consider When Determining If They Need to File
From the National Consumer Bankruptcy Rights Center
Court Rejects Nonstandard Provision for Retention of Tax Refund
For Your Blog
- The 53 Best Customer Rewards Programs – From fast food restaurants to pharmacies, these are the most recommended store rewards programs around. Score freebies, coupons, and other perks!
Student Loan Chronicles
- Fall Behind on Your Student Loans? You could lose your license to work. Texas lawmakers want to change that.
Sanctions and Irony and Fraud, Oh My!
- A Chapter 13 case. You WANT to read this one . . . Belleville Resident Pleads Guilty to Falsifying a Record in Bankruptcy Proceeding
- Man Sentenced in 2002 for 9-Year Fraud Scheme Faces More Prison Time for Hiding Financial Activities
- More Than 770 Million Emails and Passwords Exposed in Massive Breach – Some cybersecurity experts are calling this one of the largest breaches ever
- More than 8,000 Investors Were Misled by this $1.2B Ponzi Scheme – Here’s how to spot a fraud
In Case You Missed It . . .
Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 2
Click here for Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”? – The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”NOTE: Commentary Posted at End of Article (scroll to the bottom of the article page and look for ‘Comments’)
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January 28, 2019
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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 2
“This decision has understandably created concern among those who care about the integrity of Chapter 13, leading some to suggest that the Code and Rules don’t do enough to prevent bad faith debtors from reaping the benefits of the discharge.”Click here for Part 1
Click here for Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?
– The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”NOTE: Commentary Posted at End of Article (scroll to the bottom of the article page and look for ‘Comments’)
Avoidance Powers in Chapter 13 – Part 5 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Click here for Part 4 of 6
The Government Shutdown and Chapter 13 Plan Arrearages -What Do We Do Now?
From the IRS
From the National Consumer Bankruptcy Rights Center
From the Courts
For Your Blog
Sanctions and Irony and Fraud, Oh My!
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Bureau asks Congress for “clear authority to supervise” military lending compliance
OF INTEREST (Not password protected)
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January 21, 2019
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Archives |
Martin Luther King Jr. – A look back at the life of an American icon
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions
Avoidance Powers in Chapter 13 – Part 4 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Meet Another of the New Trustees
Northern District of MS Welcomes New Judge
Investiture Ceremony Honors Local Bankruptcy Court’s Newest Judge
From the National Consumer Bankruptcy Rights Center
From the Courts
For Your Blog
Student Loan Chronicles
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January 14, 2019
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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 1 of 2
From the Editor
Bankruptcy Protections Limited for Repeat Filers
Avoidance Powers in Chapter 13 – Part 3 of 6
Click here for Part 2 of 6
Meet One of Our Newest Trustees
From the National Consumer Bankruptcy Rights Center
9th Circuit Clarifies Appellate Attorney’s Fees in Sanctions Case
From the Supreme Court
- Can You Be Held in Contempt for Obeying a Court Order? The U.S. Supreme Court Will Decide
- SCOTUSblog: Is Foreclosure Debt Collection?
For Your Blog
Affected by the Shutdown? The Do’s and Don’ts
Sanctions and Irony and Fraud, Oh My!
- ‘Restitution comes first:’ Judge cuts twins’ prison sentence for $18 million Ponzi scheme
- Consumer Diary: Collection agency amasses complaints
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January 7, 2019
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Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?
Avoidance Powers in Chapter 13 – Part 2 of 6
working backward from the rest of the Code to Chapter 13.Click here for Part 1 of 6
Passing of Former Clerk
Passing of Bankruptcy Judge – Update
- Coroner: Bankruptcy judge’s death a suicide
- Posted 11/26/18: Federal Bankruptcy Judge Hon. Laurel E. Babero Dies in Courthouse
From the Courts
Courts Endure Rough Storm Season
From the IRS
IRS Issues Standard Mileage Rates For 2019
Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
- 58 cents per mile driven for business use, up 3.5 cents from the rate for 2018,
- 20 cents per mile driven for medical or moving purposes, up 2 cents from the rate for 2018, and
- 14 cents per mile driven in service of charitable organizations.
However, it is important to note that under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses.
Student Loan Chronicles
- Navient Audit: Borrowers May Have Paid More for Student Loans
- (Not just another saga but a potential primer on how to succeed) A Teacher’s Long Road to Student Loan Forgiveness (and a $4,500 Surprise)
For Your Blog
Sanctions and Irony and Fraud, Oh My!
MORTGAGE MATTERS (Not password protected)
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December 31, 2018
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Avoidance Powers in Chapter 13 – Part 1 of 6
From Credit Slips
A couple of humorous posts we think you will enjoy:
Student Loan Chronicles
- More Than 41,000 Public Service Workers Sought Federal Student Loan Forgiveness – Government Approved 206
Sanctions and Irony and Fraud, Oh My!
- Westerville Lawyer Suspended for Sexual Affair with Client. . . and failing to file a bankruptcy
- Gary Frank Saga Hits New Phase – His firm is sold for a pittance as he faces loan fraud charges
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December 24, 2018
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December 17, 2018
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Archives |
Amendments to Remaining Rules of Procedure Related to Bankruptcy Appeals Effective December 1, 2018
This month saw amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes are of more interest to the Chapter 13 community than others and were the subject of analyses by Larry Ahern published here before their December 1 effective date, including Rule 8011, dealing with electronic filing and service.His analyses continue this week with the remaining changes in Part VIII.See also:
- Electronic Filing Comes of Age – Part I: Revised Bankruptcy Rule 5005
- Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5
- Late-Filed Secured Claims After the 12/01/2017 Rule Changes
- December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1
Give Me Back My Car! Recent Cases Highlight Circuit Split over Whether Failure to Return Repossessed Property Violates the Automatic Stay
Cars & Bankruptcy: What You Must Know to Get It Right
From the Courts
In a new, five-minute video, federal judges offer insights into their thinking about the separation of powers and describe how healthy tensions among the branches have a stabilizing effect on democracy.Current Rules of Practice & Procedure
Detailed information regarding the December 1, 2018, amendment.
For Your Blog
Taxpayers Can Now Instantly Get Tax Info on Instagram
Sanctions and Irony and Fraud, Oh My!
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December 10, 2018
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Watch the Clock – Timing of Appeals
American College of Bankruptcy Elects Chapter 13 Trustee Marie Ann Greenberg as a Fellow
From the IRS
Strong Passwords Help Protect Accounts Against Cybercriminals
- Passwords like – “uE*s3P%8V)” – are out. Longer, personal phrases people can remember – for example, SunWalkRainDrive – are now preferred.
Employers Should Be Aware of W-2 Scam, Protect Employee Information
Farms in the News
Student Loan Chronicles
- She Took Out $20,000 In Loans For Her Son’s College – Then he went blind
Sanctions and Irony and Fraud, Oh My!
- After Microsoft Complaints, Indian Police Arrest Scammers at 26 Call Centers – Indian police raid 26 call centers, make 63 arrests
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December 3, 2018
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Late-Filed Secured Claims After the 12/01/2017 Rule Changes
Eastern District of Wisconsin Bankruptcy Appoints Judge
Farms in the News
- Penny for Your Corn? Stingy trade-war aid irks U.S. farmers
From the National Consumer Bankruptcy Rights Center
For Your Blog
- When to Contact Your Student Loan Servicer – Sometimes borrowers need to be proactive about reaching out to their servicer
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