September 17, 2018
Archives
ahern

Section 522(f) Avoidance of Liens on Co-Owned Property

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In an August decision, the Tenth Circuit held that, when avoiding liens under § 522(f), and when the debtor owns only a partial interest in exempt property, you start with that interest and allocate senior liens proportionately. This is now the majority view at the circuit level.This week, Larry Ahern reviews how the calculation works and describes the Tenth Circuit’s decision.
harring

Is There a Light in the Farm Economy?

By Mark Harring, Standing Chapter 12 and 13 Trustee for the Western District of Wisconsin (Madison, WI)
  • Mark your calendar now for the Chapter 12 Conference July 15 and 16, 2019 in Indianapolis
judge

Judge Issues

(Not password protected)
DR_MANNING

For the Academic Set

(Not password protected)

U.S. Banking De-Regulation, Financial Engineering, and Bankruptcy Reform: How Banks Took Control over Consumer Insolvency Law

By Anita C. Butera, PhD, JD and Robert D. Manning, PhD
New from the author of Credit Card Nation a review of the legislative history of banking deregulation and bankruptcy reform. It provides a brief explanation of financial engineering, and compares the stringent effects of BAPCPA for consumers with the generosity offered to those financial services firms that created the crisis.
uscourts

From the Courts

(Not password protected)
Proposed Amendments Published for Public Comment

  • Bankruptcy Rules 2002, 2004, 8012
  • Comment period closes February 15, 2019
tncourts

From the TN Courts

(Not password protected)

Tennessee Local Rule Amendments Up for Comment

uscourts

From the Courts

(Not password protected)
  • BAPCPA Report – 2017 Report of Statistics Required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
irs

From the IRS

(Not password protected)

IRS Urges Taxpayers to Prepare for Natural Disasters

Check on fiduciary bonds – Employers who use payroll service providers should ask the provider if it has a fiduciary bond in place. The bond could protect the employer in the event of default by the payroll service provider.”

From Our Friends at Credit Slips

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
nacttmiami

NACTT Miami Conference Recordings
Your Choice of DVDs or Audio CDs

$150.00 – Order TODAY Ships TODAY

Couldn’t attend the NACTT 2018 Conference – Order this fabulous resource NOW!

sendanemail

Please Let Us Know . . .

  • if your email address changes
  • if you change law firms
  • if you suddenly stop getting the weekly emails
  • if you are a trustee and you have changes in your staff attorneys
foryourblog

For Your Blog

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

Retirees: Avoid Surprise Tax Bill Do Paycheck Checkup ASAP

“Because of this law change, retirees who receive a monthly pension or annuity check may need to raise or lower the amount of tax they pay in during the year.”
caution

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)
A debt obligation for a penalty resulting from fraud can be both a debt under § 523(a)(2) and § 523(a)(7) and the obligation is excepted from discharge in a Chapter 13 case.
September 10, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A debt obligation for a penalty resulting from fraud can be both a debt under § 523(a)(2) and § 523(a)(7) and the obligation is excepted from discharge in a Chapter 13 case.
valuation

Factoring in Valuation – Consumer Cases that Impact Business Cases

By Debbie Langehennig, Chapter 13 Trustee (Austin, TX), Jan M. Hayden, Baker Donelson (New Orleans, LA), and Renee Meenach Decker, Taylor & Associates (Ft. Lauderdale, FL)
Practitioners should be aware of important consumer decisions that may influence lower courts in the business context and commercial case decisions which may influence consumer cases.
ejones

Supreme Court Fellows Set to Begin New Term

(Not password protected)
awillie

  • Two of four Fellows are from the bankruptcy world
  • Congratulations Ms. Willie and Ms. Jones
uscourts

From the Courts

(Not password protected)
  • BAPCPA Report – 2017 Report of Statistics Required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
waterman

Bankruptcy is Often a Gambler’s Only Sure Bet

By Scott F. Waterman, Waterman & Mayer (Philadelphia, PA)
“ . . . gamblers may actually have some luck on their side if they take advantage of current bankruptcy laws.” (Chapter 7 related article)
glover

Federal Judges Mourn Passing of Retired Bankruptcy

(Not password protected)
Federal judges in the Pacific Northwest and beyond are mourning the passing of retired Bankruptcy Judge Thomas T. Glover of the United States Bankruptcy Court for the Western District of Washington.Click here for Obituary

From Our Friends at Credit Slips

(Not password protected)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
nacttmiami

Attention EVERYONE

(Not password protected)

NACTT Miami Conference

Complete Audio Only Recordings NOW Available in Downloadable Format

DISCOUNTED PRICE OF $129.99

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
September 3, 2018
Archives

happylaborday

Due to the Labor Day Holiday,
The Academy Offers An Abbreviated Update

gwenkerney

UpRight Not Right in East Tennessee

Law Solutions Chicago, LLC d/b/a Upright Law has once again been sanctioned. This time in the Eastern District of Tennessee by settlement agreement with the United States Trustee, Chapter 13 Trustee, Gwendolyn Kerney, and Chapter 7 Trustee, Jerrold Farinash.
cfpb

On the CFPB

(Not password protected)

Senate Panel Narrowly Approves Trump Consumer Bureau Pick

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
nacttmiami

Attention EVERYONE

(Not password protected)

NACTT Miami Conference

Complete Audio Only Recordings NOW Available in Downloadable Format

DISCOUNTED PRICE OF $129.99

(Audio CD and Video DVDs are also available for mailing at $150/per set)

annabowen

Forgive Us Our Debts

(Not password protected)
NACTT Miami speaker and Orlando attorney Anne-Marie Bowen, has just published an exciting new resource for you and your clients. Forgive Us Our Debts is a short, easy read primarily written for Christian debtors and/or potential debtors but as a debtor or creditor attorney, this book is also a resource for you into the mindset of those clients who, for religious reasons, struggle with allowing themselves a chance at a fresh financial start.
irs

From the IRS

(Not password protected)

IRS to Introduce New Tax Transcript to Better Protect Taxpayer Data

The new transcript replaces the previous format and will be the default format available via Get Transcript Online, Get Transcript by Mail or the Transcript Delivery System for tax professionals as of September 23.Click here for more . . .
foryourblog

For Your Blog

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

Taxpayers Should Be Prepared for Natural Disasters

With hurricane season underway, it’s a good idea for taxpayers to think about what they can do to be prepared should a hurricane or other natural disaster strike where they live. Here are a few helpful tips for taxpayers to keep in mind.
pitfalls
In Case You Missed It . . .

Notice: Pitfalls and Perils of Rule 7004(h)

By Academy Staff
“Where the Plan proposes to strip or cram or avoid a lien held by an Insured Depository Institution, Rule 7004 contains much higher requirements for service.”See also: Don’t Skimp on Service When Your Client’s House Is on the Line
August 27, 2018
Archives
pitfalls

Notice: Pitfalls and Perils of Rule 7004(h)

By Academy Staff

“Where the Plan proposes to strip or cram or avoid a lien held by an Insured Depository Institution, Rule 7004 contains much higher requirements for service.”

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

jobs

Position Postings

(Not password protected)
cmoran

Are You Throwing Your Bankruptcy Client to the Predators?

Alternative Title: Reporting Results of IRS Audit to State Income Tax Authority
By Cathy Moran, Mt. View, CA
Standard operating procedure for taxing authorities who are in discussion with a tax payer about a tax issue is to “request” that the taxpayer sign an extension of the period in which the taxes can be assessed. The alternative, the taxpayer is told, is an immediate assessment.
nacttmiami

Attention Trustees/Office Managers

(Not password protected)

NACTT Miami – Staff Track DVDs Now Available

Order the four staff track sessions TODAY for ONLY $75
(Ships within 24 hours)Training Includes

  • Understanding Business Entities and the Self-Employed Debtor
  • National Data Center Training
  • Acing the Annual Audit
  • Mortgage Claims Issues
irs

From the IRS

(Not password protected)

IRS to Introduce New Tax Transcript to Better Protect Taxpayer Data

The new transcript replaces the previous format and will be the default format available via Get Transcript Online, Get Transcript by Mail or the Transcript Delivery System for tax professionals as of September 23.

Click here for more . . .

foryourblog

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)
  • US v. VALDÉS-AYALA – For at least eight years, Defendant, who was not an attorney, exploited desperation of individuals behind on court-ordered child support payments by assisting them in filing ‘skeleton’ petitions.
hildebrand

In Case You Missed It . . .

Critical Case Comment DON’T WANT TO MISS

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

Claim that is not timely filed cannot be an allowed claim and trustee is precluded from making distribution to the claim even where no application to disallow the claim has been filed.

“Judge Dees has prevented the payment of the claim even though no one sought to disallow the claim or challenge the payments.”

Scroll to the very bottom of the article page for an important comment and to add your own comments.

August 20, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Claim that is not timely filed cannot be an allowed claim and trustee is precluded from making distribution to the claim even where no application to disallow the claim has been filed.
“Judge Dees has prevented the payment of the claim even though no one sought to disallow the claim or challenge the payments.”
cmoran

Are You Throwing Your Bankruptcy Client to the Predators?

By Cathy Moran, Mt. View, CA
Standard operating procedure for taxing authorities who are in discussion with a tax payer about a tax issue is to “request” that the taxpayer sign an extension of the period in which the taxes can be assessed. The alternative, the taxpayer is told, is an immediate assessment.

Trustee Passes Away

(Not password protected)
It is with great sadness and respect that we report the passing away of a Standing Chapter 13 Trustee for the Eastern District of Pennsylvania with offices in Reading. Frederick L. “Fred” Reigle was appointed in 1981. He passed away on July 15th after a lengthy illness.
Standing Chapter 13 Trustee William C. Miller has been appointed interim trustee of the division until a replacement can be appointed.
nacttmiami

NACTT Miami – Staff Track DVDs Now Available

(Not password protected)
Order the four staff track sessions TODAY for ONLY $75
(Ships within 24 hours)Training Includes

  • Understanding Business Entities and the Self-Employed Debtor
  • National Data Center Training
  • Acing the Annual Audit
  • Mortgage Claims Issues
Jim-Batchelor

Passing of Jim Batchelor

(Not password protected)
Jim Batchelor passed away Saturday morning August 10th after a long battle with cancer. Jim was the recipient of the Civility Award at the 2017 State of the Court luncheon and was a well-respected colleague in the bankruptcy bar in the Western District of Michigan.
ahern_larry

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviewed in Part I some rules governing the preparation and filing of financing statements (UCC-1s) and explained how a UCC-1 might be fatally deficient. Now, in Part II, he reviews four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.
cfpb

On the CFPB

(Not password protected)

CFPB Settles with Defendants in Hydra Group Payday Lending Case

District Court entered an Order effectuating settlement CFPB and Richard Moseley, Sr., Richard Moseley, Jr., and 20 interrelated corporate entities controlled by Moseley, Sr. and Moseley, Jr.
foryourblog

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)
  • Fil-Am Lawyer Pleads ‘Not Guilty’ to Attempted Murder of Ex-Clients (Has Chapter 13 lawyer income really sunk this low? . . . Oh My indeed!! . . . Now, the rest of the story . . . (on good authority but not verified, Academy staff was told that the victims had been in a Chapter 13 which was dismissed. Their attorney (Paul Mendoza Allen) went to their home to demand the balance of his fees. When they said they had no money, he shot them, then tried to flee.)
rapoport

In Case You Missed It . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Dear Readers:I just finished reading a disgorgement . . . Although D’Arata is a chapter 7 case, you might be interested in the Court’s take on appearance counsel.
August 13, 2018
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Dear Readers:I just finished reading a disgorgement . . . Although D’Arata is a chapter 7 case, you might be interested in the Court’s take on appearance counsel.
ahern_larry

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviewed in Part I some rules governing the preparation and filing of financing statements (UCC-1s) and explained how a UCC-1 might be fatally deficient. Now, in Part II, he reviews four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.Click here for Part 1
newstudy

New Study

(Not password protected)

Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society

“Using data from the Consumer Bankruptcy Project, we find more than a two-fold increase in the rate at which older Americans (age 65 and over) file for bankruptcy and an almost five-fold increase in the percentage of older persons in the U.S. bankruptcy system.”See also:

foryourblog

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)
tax

In Case You Missed It . . .

Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes

By Academy Staff
“The Chapter 13 Debtor who completes the Plan and obtains a discharge is relieved of any further liability associated with the priority tax debt. Interest and penalties continue to accrue during the pendency of the Chapter 13 case and if the case is either dismissed or converted to a proceeding under Chapter 7, the suspension of the accrual of interest and penalties terminates and is excepted from the Chapter 7 discharge.”
August 6, 2018
Archives
ahern_larry

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 1 of 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviews some rules governing the preparation and filing of financing statements (UCC-1s) and explains how a UCC-1 might be fatally deficient.In Part II, he will review four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.

Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes

By Academy Staff
“The Chapter 13 Debtor who completes the Plan and obtains a discharge is relieved of any further liability associated with the priority tax debt. Interest and penalties continue to accrue during the pendency of the Chapter 13 case and if the case is either dismissed or converted to a proceeding under Chapter 7, the suspension of the accrual of interest and penalties terminates and is excepted from the Chapter 7 discharge.”
irs

From the IRS

(Not password protected)

IRS Offers Guidance on Recent 529 Education Savings Plan Changes

On 7/30/18 the IRS and Department of the Treasury announced their intent to issue regulations on three recent tax law changes affecting popular 529 education savings plans.
irs
hildebrand

In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A discharge under § 1328(a) will discharge an obligation of the debtor to a condominium association where the condominium was purchased pre-petition and owned by the debtor post-petition.Click here for Opinion
July 30, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A discharge under § 1328(a) will discharge an obligation of the debtor to a condominium association where the condominium was purchased pre-petition and owned by the debtor post-petition.Click here for Opinion
oklahoma

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

In Case You Missed It . . .

Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Federal Rules of Bankruptcy Procedure and Official Forms were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. Below, Mr. Ahern follows his 2017 series with Beverly Burden by discussing an important unanswered question for trustees, debtors and creditors: How is the order of distribution to creditors determined?
July 23, 2018
Archives

WINNER: Cawthon Custer of Albany and Columbus, Georgia, is the NACTT 2018 conference winner of a one-year free subscription to ConsiderChapter13.org

Congratulations Cawthon Custer!!!

ahern_larry

Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Federal Rules of Bankruptcy Procedure and Official Forms were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. Below, Mr. Ahern follows his 2017 series with Beverly Burden by discussing an important unanswered question for trustees, debtors and creditors: How is the order of distribution to creditors determined?
cmoran

Rule 3002.1 and the Tangled Web of HOA Assessments

By Cathy Moran, Mt. View, CA
“Secured creditors relying on the precept that a secured claim passes through bankruptcy unaffected (absent a proceeding focused on the lien) take note.”
irs

From the IRS

(Not password protected)

Here’s How the IRS Contacts Taxpayers

Everyone should know how the IRS contacts taxpayers
queenan

Retired Bankruptcy Judge Passes Away

(Not password protected)
Judge James F. Queenan
hildebrand

In Case You Missed It . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Although a secured creditor with a purchase money security interest in personal property is entitled to adequate protection payments under § 1326(a)(1), the trustee is not obligated to make the payments without a motion, hearing, or court order.
July 16, 2018
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Although a secured creditor with a purchase money security interest in personal property is entitled to adequate protection payments under § 1326(a)(1), the trustee is not obligated to make the payments without a motion, hearing, or court order.
apartment

From the Ninth Circuit Court of Appeals

Opinion: Goudelock v. Sixty-01 Association of Apartment Owners“The panel reversed the district court’s decision affirming the bankruptcy court’s summary judgment in favor of a condominium association, which sought in an adversary proceeding to determine the dischargeability of a debtor’s personal obligation to pay condominium association assessments that accrued between the date the debtor filed her Chapter 13 bankruptcy petition and the date the condominium unit was foreclosed upon.”See also: Post-Petition Condo Fees Dischargeable
irs

From the IRS

(Not password protected)
Spread the Word . . . this could be a significant amount of money for veterans.

Veterans Owed Refunds for Overpayments Attributable to Disability Severance Payments Should File Amended Returns to Claim Tax Refunds

  • $1,750 for tax years 1991 – 2005
  • $2,400 for tax years 2006 – 2010
  • $3,200 for tax years 2011 – 2016
ahern_larry

District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Rules of Bankruptcy Procedure were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. In a series of articles, Beverly Burden and Larry Ahern explained many of these changes.This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.
cfpb

On the CFPB

(Not password protected)
  • CFPB Acting Director Mulvaney announced he has selected Brian Johnson, who currently serves as Principal Policy Director at the Bureau, to assume the responsibilities of Acting Deputy Director. “Brian Johnson is the first person I hired at the Bureau and has been an indispensable advisor,” said Acting Director Mulvaney. “Brian knows the Bureau like the back of his hand. He approaches his role as a public servant with humility and unsurpassed dedication. His steady character, work ethic, and commitment to free markets and consumer choice make him exactly what our country needs at this agency.”
takethesurvey

NACTT Miami – Evaluation Time

(Not password protected)
IF YOU ATTENDED THE SEMINAR, we value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2019 Indianapolis Seminar. We look forward to seeing you there.Mark Your Calendar NOW – NACTT 2019 Indianapolis – July 17-19 – Yep, WEDNESDAY – FRIDAY (Pre-mtgs will be on Tuesday the 16th)
kavanaugh

From Our Friends at Credit Slips

(Not password protected)
uscourts1

In Case You Missed It . . .

Permitted Changes to Official Bankruptcy Forms

(Not password protected)
The use of Official Bankruptcy Forms is required with certain exceptions, and the ability to modify Official Forms is limited. However, there are exceptions. Click here for an analysis done by the AO of permitted changes to official bankruptcy formsSee also: Director’s Forms and Their Use by Phil Lamos
July 9, 2018
Archives
markleffler

The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part IV Bankruptcy Court Interpretations

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

The conclusion to the Midland v. Johnson ‘epic’. . . “In Midland v. Johnson, the Supreme Court put an end to FDCPA lawsuits over proofs of claims for stale debts, at least where the claimant tells the truth about the date of last payment. Since the Midland ruling in May of 2017, there have been few decisions from bankruptcy courts on complaints under the Fair Debt Collection Practices Act (FDCPA).”

Click here for Part I
Click here for Part II
Click here for Part III

ahern_larry

District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?

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

The Rules of Bankruptcy Procedure were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. In a series of articles, Beverly Burden and Larry Ahern explained many of these changes.

This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.

uscourts1

Permitted Changes to Official Bankruptcy Forms

(Not password protected)

The use of Official Bankruptcy Forms is required with certain exceptions, and the ability to modify Official Forms is limited. However, there are exceptions. Click here for an analysis done by the AO of permitted changes to official bankruptcy forms

See also: Director’s Forms and Their Use by Phil Lamos

takethesurvey

NACTT Miami – Evaluation Time

(Not password protected)

IF YOU ATTENDED THE SEMINAR, we value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2019 Indianapolis Seminar. We look forward to seeing you there.

Mark Your Calendar NOW – NACTT 2019 Indianapolis – July 17-19 – Yep, WEDNESDAY – FRIDAY (Pre-mtgs will be on Tuesday the 16th)

foryourblog

For Your Blog

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

From Our Friends at Credit Clips

(Not password protected)
July 2, 2018
Archives

independenceday

Due to the NACTT Annual Conference, this week’s update will be brief and primarily a ‘Greatest Hits’ edition.

Bill-Brown

Impact of Supreme Court’s Decision on § 523(a)(2)(B)

By William H. Brown, Brown and Ahern (Nashville, TN)
“The opinion suggests that a statement respecting the debtor’s financial condition, whether a single-asset or overall condition statement, must meet all the requirements of subsection 523(a)(2)(B) to be nondischargeable. Otherwise, even though the statement is false, the debt is dischargeable, notwithstanding subsection 523(a)(2)(A).”
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??
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

From Our Friends at Credit Slips

(Not password protected)
June 25, 2018
Archives
markleffler

The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part III  Does the Bankruptcy Code Implicitly Repeal the FDCPA?

By Mark C. Leffler, Boleman Law Firm, P.C. (Richmond, VA)
“Given the ease with which time-barred claims may be disallowed, what could explain a debt buyer’s decision to invest in the expensive systems and personnel necessary to file these time-barred proofs of claim in bulk?”

Click here

for Part I
Click here for Part II

Bill-Brown

Impact of Supreme Court’s Decision on § 523(a)(2)(B)

By William H. Brown, Brown and Ahern (Nashville, TN)
“The opinion suggests that a statement respecting the debtor’s financial condition, whether a single-asset or overall condition statement, must meet all the requirements of subsection 523(a)(2)(B) to be nondischargeable. Otherwise, even though the statement is false, the debt is dischargeable, notwithstanding subsection 523(a)(2)(A).”
cmoran

The Real Truth About Communication Between Bankruptcy Lawyers & Clients

By Cathy Moran, Esq., Moran Law Group (Mountain View, CA)
“’Creditors,’ for debtors, means those folks who send a monthly bill, and who call if you are late.‘Creditors,’ for bankruptcy lawyers, means everyone who has a claim of any kind against the client.”
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
cfpb

On the CFPB

(Not password protected)
bobbranson

In Case You Missed It . . .

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.”
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

(Not password protected)
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.