August 31, 2015
Archives
leffler

When Things Don’t Go According to (the) Plan

What Happens in the Plan Stays in the Plan – Part I

By Mark C. Leffler (Editor Emily Connor Fort, Esquire)
“Gambling with a Chapter 13 discharge is a risky proposition” – the ominous opening line of a recent Colorado Bankruptcy Court decision that ended in dismissal due to a material default in plan payments. . . . So, what’s the big deal? What makes this case noteworthy?Continuing with the new Academy article category – When Things Don’t Go According to (the) Plan – Attorney Leffler looks at a seemingly run-of-the-mill case . . . until it, well, wasn’t.Click here for more . . .
ansleyowens

Post-Confirmation Inheritance Included in Chapter 13 Bankruptcy Estate

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
“Suppose a Chapter 13 Debtor inherited 50% of a property in 2013 that will sell with escrow tomorrow. Of the $200,000 he would realize from the sale, the debtor will get $140,000 after accounting for capital gains of 30%. The Chapter 13 Debtor’s current, confirmed plan stripped off a $75,000 second mortgage and another $8,000 in general unsecured debts.”Clear cut answer? Well, not so much . . . Click here for more . . .
deluttri

Archived Academy Webinar Now Available

moran_cathyOn August 21, the Academy was pleased to host Carmen Dellutri and Cathy Moran in a webinar free to all. This fast-paced, 60 minute conversation entitled: Are You a Lawyer OR a Marketer? How to be Both! packed a big punch in useable information every debtor attorney needs to appropriately market themselves and their practice.
The Academy offers all live webinars completely free. These webinars are recorded and archived as a benefit of Academy membership. However, we also offer a pay per view option to non-members.
siomos
HOTTEST ITEM FROM LAST WEEK

The Expanding Potential Benefits of Remaining Silent on Secured Debts

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad, Springfield, IL
“The purpose of this article is to discuss the possible benefits of silence being allowed with respect to secured debts, as opposed to the validity of the theory itself.” Atty Siomos looks at a case in which the IRS filed an unsecured priority claim despite a tax lien which appeared to fully secured the debt.Click here to read more . . .
August 24, 2015
Archives
siomos

The Expanding Potential Benefits of Remaining Silent on Secured Debts

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad, Springfield, IL
“The purpose of this article is to discuss the possible benefits of silence being allowed with respect to secured debts, as opposed to the validity of the theory itself.” Atty Siomos looks at a case in which the IRS filed an unsecured priority claim despite a tax lien which appeared to fully secured the debt.Click here to read more . . .
wbrown

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)
orwoll

“The Truth, Whole Truth, and Nothing But the Truth”: Identifying Liars and Encouraging Truth Through Verbal Cues

By Andrea Orwoll, 2d Yr, William S. Boyd School of Law
“Care must be taken when learning to distinguish the linguistic markers of lying.”In conjunction with a recent Ask Ms. Ps & Qs where Ms. Ps looked at what to do with a lying client, Ms. Orwoll looks closely at the science of detecting a liar.

Are You Owed Money From a Decades-Old Bankruptcy Case?

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goldrushCourt officials offer a tool for connecting leftover money with its owner: an easy-to-use online search.

Bankruptcy Judge Approves Debtor’s Plan to Pay Legal Fees

. . . this is not quite what you are expecting . . . The Honorable Michael Kaplan does indeed approve a plan which includes legal fees but they aren’t for filing the bankruptcy and they are, um, rather large.
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cfpb

From the CFPB

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ansleyowens
HOTTEST ITEM FROM LAST WEEK

Vesting Property in Disinclined Creditors

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A Chapter 13 plan may permit a debtor to transfer title of the property securing a claim to its secured creditor despite the creditor’s objection.
August 17, 2015
Archives
kevinanderson

Critical Case Comment

By Kevin R. Anderson, Chapter 13 Standing Trustee for the District of Utah
Filing a claim in a Chapter 13 case for a previously discharged debt violates § 524(a)(2) when the objective effect of such filing places pressure on the debtor to repay the debt through the plan.Click here to read more . . .
wbrown

From the Editor – FDCPA

By The Honorable William Houston Brown (Retired)
Academy Editor, Wm. Houston Brown, is once again right on track with Critical Case Comment author Kevin Anderson. Judge Brown also looks at the Fair Debt Collections Practices Act.
ansleyowens

Vesting Property in Disinclined Creditors

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A Chapter 13 plan may permit a debtor to transfer title of the property securing a claim to its secured creditor despite the creditor’s objection.
deluttri

Learning How to Sell Yourself (Not password protected)

By Carmen Dellutri, Esq., Dellutri Law Group, Fort Myers, FL

Some people are born great salespeople. Those people are charismatic and upbeat, and they have the ability to entice us to want to part with our hard earned dollars for the product or service they are selling. But most of us aren’t born with the natural ability to sell. Yet, selling yourself is a massive part of business success. Why? If you can’t sell yourself and your services, why should anyone pay you for your services? Click here to read more . . .Caremen Dellutri and Cathy Moran are well-known debtor attorneys. Each has spent years marketing and growing their firm. Join them this Friday for an hour of tried and tested tips on how to better market yourself and your law firm.


webinar

Academy Webinar . . . REGISTER NOW and Mark Your Calendar

When: August 21/2:00 Eastern
Who: Carmen Dellutri and Cathy Moran
Title: Are you a Lawyer OR a Marketer? How to be Both!
moran_cathy

Content Marketing

Earlier this year Cathy Moran provided Academy members with a step by step outline of how to develop your website and more effectively market yourself through it.Click here for Part 1 of 5
ansleyowens

Two Cents on 50 Cent’s Bankruptcy

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)

“It is implausible that 50 filed his bankruptcy for any purpose other than to halt the civil trial in New York City.”Other Business Bankruptcies

plamos

HOTTEST ITEM FROM LAST WEEK

If A Purpose Would Be Served: The Trustee’s Role In Objecting To Claims

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee, Craig Shopneck, Cleveland, Ohio
§ 1302 of the Code says the Trustee shall object to “improper” proofs of claim, “if a purpose would be served.” But how can the Trustee make the determination that a proof of claim is improper? And when would objecting to a proof of claim serve a purpose?Attorney Lamos tackles these tough questions. Click here to read more . . .
August 10, 2015
Archives
plamos

If A Purpose Would Be Served: The Trustee’s Role In Objecting To Claims

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee, Craig Shopneck, Cleveland, Ohio
§ 1302 of the Code says the Trustee shall object to “improper” proofs of claim, “if a purpose would be served.” But how can the Trustee make the determination that a proof of claim is improper? And when would objecting to a proof of claim serve a purpose?Attorney Lamos tackles these tough questions. Click here to read more . . .
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
While filing of a proof of claim in a Chapter 13 case is not automatically a violation of the Fair Debt Collection Practices Act when the underlying debt cannot be collected because of an applicable statute of limitations, filing such a “stale” proof of claim is not necessarily protected from the FDCPA merely because it arises in a bankruptcy.
wbrown

From the Editor – Proofs of Claim

By The Honorable William Houston Brown (Retired)

Academy Editor, Wm. Houston Brown, continues this week’s theme and dissects 2 cases regarding proofs of claim:

webinar

Academy Webinar . . . REGISTER NOW and Mark Your Calendar

When: August 21/2:00 Eastern
Who: Carmen Dellutri and Cathy Moran
Title: Are you a Lawyer OR a Marketer? How to be Both!
ansleyowens

Potential Ninth Circuit Decision in the Making: Where do Voluntary Contributions to Retirement Fit in Chapter 13 Bankruptcy Plans?

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)
Trustees and debtors should keep an eye on the Ninth Circuit and the nine states it covers regarding the treatment of voluntary contributions to retirement plans.
caution

Sanctions and Irony and Fraud, Oh My!

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debt

The Next Big Thing

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ansleyowens

HOTTEST ITEM FROM LAST WEEK

A Proposal to Slay ‘Zombie’ Debts

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A new proposal to bankruptcy law seeks to protect and empower consumers whose debts endure despite their legal dissolution in bankruptcy proceedings.
August 3, 2015
Archives
hmorris

More – On Debtor Math

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia
“Debtors aren’t the only one with visions of magical manipulations.” Trustee Morris takes a light-hearted look at debtor . . . and, sometimes, creditor math.
Click here for the ‘original’ On Debtor Math
webinar

Next Academy Webinar . . . Mark Your Calendar Now

When: August 21/2:00 Eastern
Who: Carmen Dellutri and Cathy Moran
Title: Are you a Lawyer OR a Marketer? How to be Both!
Register Now: Click Here
chapt20

What Does A Bankruptcy Lawyer Do For A Real Vacation?

By Jan Hamilton, Chapter 13 Standing Trustee for the District of Kansas
As the summer vacation season wanes, the Academy is pleased to bring members a side-splitting look at one bankruptcy attorney’s idea of a dream vacation.
wbrown

From the Editor – Priority Claims, Confirmation and Effect

By The Honorable William Houston Brown (Retired)
ansleyowens

A Proposal to Slay ‘Zombie’ Debts

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A new proposal to bankruptcy law seeks to protect and empower consumers whose debts endure despite their legal dissolution in bankruptcy proceedings.
cfpb

From the CFPB

(Not password protected)
Consumer Financial Protection Clinic Position – Per Credit Slips “Here’s an opportunity to supervise a consumer financial protection clinic that has done some great work – information on the position and how to apply here.”
ansleyowens

HOTTEST ITEM FROM LAST WEEK

Foreclosure Attorney Arrested for Contempt (Not password protected)

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A heated dispute between a judge and foreclosure attorney ended with the 70-year-old attorney handcuffed, charged with two felonies, and incarcerated overnight.
July 27, 2015
Archives
deluttri

Knowing Your Team: An Essential Element for Success!

By Carmen Dellutri, Esq., Dellutri Law Group, Fort Myers, FL
Carmen Dellutri brings Academy readers another article, this one focused on your team – know your team member’s strengths and weaknesses. Click here for a quick inventory on how to best utilize your and your team’s skills.See also, Target Market Clarity & How to Speak to YOUR Market!!! By Attorney Dellutri
webinar

Next Academy Webinar . . . Mark Your Calendar Now

When: August 21/2:00 Eastern
Who: Carmen Dellutri and Cathy Moran
Title: Are you a Lawyer OR a Marketer? How to be Both!
chapt20

Whose Hands are Dirtier? A Look at the Unclean Hands Doctrine

By David J. Rashé, Summer Law Clerk for Martha G. Bronitsky, Chapter 13 Trustee in the Northern District of California (Oakland)
In an opinion issued by the Ninth Circuit Court of Appeals, the unclean hands doctrine did not apply to allow the debtor to discharge a debt owed to a California marijuana dispensary. Rather, the debt could not be discharged and the debtor would have to address the debt through bankruptcy.
ansleyowens

Foreclosure Attorney Arrested for Contempt (Not password protected)

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A heated dispute between a judge and foreclosure attorney ended with the 70-year-old attorney handcuffed, charged with two felonies, and incarcerated overnight.
rapoport

HOTTEST ITEM FROM LAST WEEK

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Ms. Ps & Qs gives readers a July bonus in answering not one but two relevant ethics questions:

  • Must a bankruptcy lawyer disclose to a client before a case is filed that the bankruptcy lawyer is not evaluating the matter to determine whether the client has causes of action against creditors and that filing Chapter 13 may, if the plan gets confirmed, have the effect of waiving such causes of action?
  • Can a bankruptcy lawyer pay another lawyer $250 in “referral fees” for referring a Chapter 13 client to him?
July 20, 2015
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Ms. Ps & Qs gives readers a July bonus in answering not one but two relevant ethics questions:

  • Must a bankruptcy lawyer disclose to a client before a case is filed that the bankruptcy lawyer is not evaluating the matter to determine whether the client has causes of action against creditors and that filing Chapter 13 may, if the plan gets confirmed, have the effect of waiving such causes of action?
  • Can a bankruptcy lawyer pay another lawyer $250 in “referral fees” for referring a Chapter 13 client to him?
hildebrand

The Serendipitous Side Effects of Chapter 13

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Who knew chapter 13 helps you live longer?
ansleyowens

No More Until Debts Do Us Part: Supreme Court Grants Married Same-Sex Couples the Same Joint Bankruptcy Protections as Opposite-Sex Couples

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)
The Academy welcomes upcoming 3rd year law student, Ansley Owens, as its first intern. You will see several by-lines from Ms. Owens over the next few months.In her first article, she dives straight into the deep end and analyzes state vs. federal exemptions as related to same-sex married couples.
caution

Sanctions and Irony and Fraud, Oh My!

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irs

From the IRS

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National Taxpayer Advocate Reviews Filing Season and Identifies Priority Areas and Challenges in Mid Year Report to Congress

Summary: “Don’t call us, and even if you do, we won’t answer.”

  • the IRS processed 126.1 million individual tax returns
  • the average refund amount was $2,711
  • the IRS answered only 37% of taxpayer calls routed to customer service
  • the IRS answered only 39% of calls from taxpayers seeking assistance from TAS on the National Taxpayer Advocate toll-free hotline
  • the IRS answered only 17% of calls from taxpayers who called after being notified their tax returns were blocked by the Taxpayer Protection Program on suspicion of identity theft
  • the IRS answered only 45% of calls from practitioners who called on the Practitioner Priority Service line, and hold times averaged 45 minutes
  • the number of “courtesy disconnects” received by taxpayers skyrocketed from about 544,000 in 2014 to about 8.8 million, an increase of more than 1,500%. The term “courtesy disconnect” is used when the IRS essentially hangs up on a taxpayer because its switchboard is overloaded and cannot handle additional calls

(But other than this, they did a great job.)

chapt20

Chapter 20 Debtors Can “Strip Off” a Wholly Unsecured Junior Lien on Debtor’s Primary Residence—Regardless of Debtors’ Eligibility for Discharge

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)
A quick synopsis of Boukatch out of the Ninth Circuit BAP.
rsimon

HOTTEST ITEM FROM LAST WEEK . . . In case you missed it . . .

A Note from the Mortgage Committee of the NACTT

By Russell C. Simon, Chapter 13 Trustee in the Southern District of Illinois and Co-Chair of the NACTT Mortgage Committee

As a follow-up to the Mortgage Servicing Issues session at the NACTT Annual Seminar in Salt Lake City, the NACTT Mortgage Committee shares the following information:

  • Effective December 1, 2015, numerous new forms will go into effect
  • Of particular note to Form 410A

Click here for a list of Conduit Trustees (please note the date of last revisions, there have been changes to this list)

July 13, 2015
Archives
rsimon

A Note from the Mortgage Committee of the NACTT

By Russell C. Simon, Chapter 13 Trustee in the Southern District of Illinois and Co-Chair of the NACTT Mortgage Committee

As a follow-up to the Mortgage Servicing Issues session at the NACTT Annual Seminar in Salt Lake City, the NACTT Mortgage Committee shares the following information:

  • Effective December 1, 2015, numerous new forms will go into effect
  • Of particular note to Form 410A

Click here for a list of Conduit Trustees (please note the date of last revisions, there have been changes to this list)

djacobs

Beware Overtime Pay In A Chapter 13!

By Douglas B. Jacobs, Jacobs, Anderson, Potter & Chaplin, LLP (Chico, CA)
Attorney Jacobs addresses the ‘well, I’ve got good news and I’ve got bad news’ involved in overtime pay for active debtors in Chapter 13 bankruptcy.
manning

A Failing Grade For the Post-BAPCPA Credit Counseling and Bankruptcy Education Industry? (PDF)

By Anita C. Butera, PhD, JD and Robert D. Manning, PhD
Persistent conflicts of interest, rise of outsourced Filipino credit counselors, and questionable nonprofit service providers are issues explored in this detailed, informative article.
bingo

Getting Priorities Right

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hildebrand

IN CASE YOU MISSED IT…

SPECIAL EDITION Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)

A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral.

See Also: Supreme Court Corner

July 6, 2015
Archives

seminar
Regina Logsdon and Mark Leffler

Shout out to all the attendees and speakers of the
NACTT 50th Anniversary Seminar

Fantastic Seminar All The Way Around

Due to the seminar, we are pleased to bring you the
following Greatest Hits

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Modification of a confirmed Chapter 13 plan under § 1329 can only be effected based upon changes in the debtor’s circumstances which were not known or not virtually certain; when a plan is modified, the “best interest of creditors test” is applicable as of the date of the modified plan.” (From March 2015)
siomos

In re Traverse and the Chapter 7 Trustee’s Power to Sell Property

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL
. . . “Hopefully, courts will continue rejecting the Traverse decision and will follow the law as written.” (From April 2015)Click here for the original article.
bruce

Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)
Vesting, re-vesting, at confirmation, if not at confirmation then when??? Attorney Bruce looks at case law showing the importance of vesting timing. (From May 2014)
June 29, 2015
Archives
4th of July

HAPPY BIRTHDAY,
AMERICA!!

hildebrand

SPECIAL EDITION Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)

A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral.

See Also: Supreme Court Corner

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

As any Eagles fan knows, “you can’t hide your lyin’ eyes.” But how can you tell if your client is lying, and what should you do about it? Click here to find out!

HAVE A QUESTION FOR OUR ETHICS EXPERT? Click here. Your identity will remain anonymous.

hmorris

I Can Explain

By Helen M. Morris, Standing Chapter 13 Trustee for the Northern and Southern Districts of
West Virginia
icanexplain“The perfect t-shirt for Chapter 13 trustees is now available. It says: “I can explain it to you, but I can’t understand it for you.” It only comes in one color. Too bad ‘cause I need a week’s worth and think different colors would be nice. Let me share some of my recent experiences which have made this shirt so desirable.”
June 22, 2015
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Rule 3002(c) is applicable to secured claims in Chapter 13 cases and secured creditors must file a timely proof of claim in order to participate in a Chapter 13 plan.
leffler

When Things Don’t Go According to (the) Plan

§1307(b) Voluntary Dismissals: Be Careful What You Ask For – Part 3 of 3

By Mark C. Leffler, Esq., The Boleman Law Firm (Richmond, VA) (Special thanks to Editor Emily Connor Fort, Esq.)

Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. Part 2 looks at Law v. Siegel and the absolute right to dismiss. Now the conclusion to this 3 part series looks at bad faith and the existence of an escape hatch; or is it actually a trap door?

Click here for Part 3

hayes

Supreme Court Corner

By M. Jonathan Hayes, Certified Bankruptcy Specialist, Simon Resnik Hayes LLP (Sherman Oaks, CA)

Bank of America v. Caulkett, — U.S. —-, 134 S.Ct. —– (June 1, 2015)

Issue: May a chapter 7 debtor strip off a wholly unsecured secured claim pursuant to §506(d)?

Holding: No based on the previous ruling in Dewsnup.

Justice Thomas for 9-0 court

In other Supreme Court news:

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cfpb

From the CFPB

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CFPB Takes Action Against Servicemember Auto Lender For Aggressive Debt Collection TacticsAuto Loan Company Misled Servicemembers About Consequences of Nonpayment
errorpc

Just For Fun

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June 15, 2015
Archives
markleffler

When Things Don’t Go According to (the) Plan

§1307(b) Voluntary Dismissals: Be Careful What You Ask For – Park 2 of 3

By Mark C. Leffler, Esq., The Boleman Law Firm (Richmond, VA) (Special thanks to Editor Emily Connor Fort, Esq.)

Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. For years, the majority opinion was that § 1307(b) gave Chapter 13 debtors an absolute right to dismiss their bankruptcy cases. However, after the Supreme Court’s 2007 Marrama decision, which held that bad faith is a basis for denying Chapter 7 debtors the right to convert to Chapter 13, the tide suddenly turned. Decision after decision began to hold that § 105(a) gave bankruptcy courts the ability to deny §1307(b) dismissals to Chapter 13 debtors who had acted in bad faith.Click here for Part 2

IT’S NOT TO LATE: REGISTER NOW FOR NACTT SALT LAKE CITY
DON’T MISS IT!

sensenich

Exactly What Is A Chapter 13 Trustee, Anyway? Some ruminations on a strange and unique position. Part 2 of 2

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont (Special thanks to Editor Joyce Babin, Chapter 13 Trustee, Little Rock, Arkansas)
A continuation of Trustee Sensenich’s look at the many hats of a Chapter 13 Trustee: Litigator, Mediator, Fiduciary, CEO, Educator and more.
deluttri

Target Market Clarity & How to Speak to YOUR Market!!!

By Carmen Dellutri, Esq., Dellutri Law Group, Fort Myers, FL

In the Academy’s continued efforts to bring you marketing ideas and expertise, we bring you the first in a 4 month series of articles from Carmen Dellutri. Carmen has built a highly profitable practice through cleaver and innovative marketing techniques.In addition to the article series, mark your calendar now for an August 21st webinar. Carmen Dellutri and Cathy Moran will present: If You Market, They WILL Come: How Bankruptcy Attorneys Must Also Be “Market-preneurs”

June 8, 2015
Archives
markleffler

When Things Don’t Go According to (the) Plan

§1307(b) Voluntary Dismissals: Be Careful What You Ask For

By Mark C. Leffler, Esq., The Boleman Law Firm (Richmond, VA)

New from Attorney Leffler, the second installment in the series – When Things Don’t Go According to The Plan.In the first of this 3 part series, Leffler looks at § 1307(b) voluntary dismissals.REGISTER NOW FOR NACTT SALT LAKE CITY and get the Early Bird price of $800. DEADLINE FOR DISCOUNTED REGISTRATION IS TODAY – June 8th!

Mark Leffler joins Trustee Martha Bronitsky and creditor attorney Michael McCormick taking a look at the ethical issues involved in limited-scope representation and withdrawal from representation.

DON’T MISS IT!

sensenich

Exactly What Is A Chapter 13 Trustee, Anyway? Some ruminations on a strange and unique position. Part 1 of 2

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont (Special thanks to Editor Joyce Babin, Chapter 13 Trustee, Little Rock, Arkansas)

This may, at first, seem an odd title for an article appearing in a publication which is largely addressed to Chapter 13 Trustees. One would hope that we would know what we are. However, what is your response when you are asked, “So, what do you do?”


Next week’s conclusion looks at Chapter 13 Trustees as: Litigator, Mediator, Fiduciary, CEO, Educator and more.

supremecourt

The Supremes Decide Another One . . .

The Supreme Court decided the case of Bank of America, N.A. v. Caulkett. The Court held, unanimously (except for a caustic footnote related to Dewsnup) that a debtor in a chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d) when there is inadequate equity to support the junior lien because a senior mortgage exceeds the value. SCOTUS reinforced Dewsnup in holding that where, as here, the junior lien claims are secured by a lien and allowed under Section 502, that claim cannot be voided under the definition given to the term “allowed secured claim” that was given in Dewsnup. The Court emphasized that when you add the effect of Section 1322(b)(2), the results might well be different, as they were in Nobleman.Click here for the OpinionSee also:

wbrown

From the Editor’s Desk – Claims

By The Honorable William Houston Brown (Retired)
supremecourt

HOTTEST ITEM FROM LAST WEEK

Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.The opinion may be accessed by clicking here. (Not password protected)See Also:

NEW THIS WEEK: Update on the Supreme Court’s Decision in Wellness: Seriously Inferior Courts

June 1, 2015
Archives
supremecourt

Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.The opinion may be accessed by clicking here. (Not password protected)

See Also:

joelee

Long-Time Bankruptcy Judge Passes Away

The Honorable Joe Lee United States Bankruptcy Judge, 89, pioneer for bankruptcy reform, died May 21, 2015.See also: United States Bankruptcy Judge Joe Lee, Who Presided Over Calumet Farm Case, Dies At 89

fromthecourts

From the Courts

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New Judge Named

cfpb

From the CFPB

(Not password protected)

CFPB And Florida Attorney General Obtain $27.7 Million Judgment Against Foreclosure Relief Scam Companies – Court Enters Judgment Against Hoffman Law Group and Affiliates for Deceiving Consumers and Collecting Illegal Advance Fees; Individuals Involved to Auction Jewelry, Watches to Pay Redress

REGISTER NOW FOR NACTT SALT LAKE CITY and get the Early Bird price of $800. DEADLINE FOR DISCOUNT IS June 8th!

cfpbCFPB expert Joann Needleman, leader of Clark Hill’s Consumer Financial Services Regulatory & Compliance Group, will speak on WHY you need to know about the CFPB and how it affects your practice. DON’T MISS IT.

nugent

HOTTEST ITEM FROM LAST WEEK

Surrender and Vesting: Shedding the Underwater House

By The Honorable Robert E. Nugent, Chief United States Bankruptcy Judge, District of Kansas (Wichita)
“A Rose is not a Rosa – Two Opposing Views on Surrender, §1325(a)(5)(C). Two cases with similar names but different outcomes illustrate the debate.”