|
December 9, 2013
|
Archives |
It’s Cyber Monday . . . Week . . . Season . . .
As you shop on-line today and all season, please don’t forget to utilize the Academy’s Amazon portal. Simply access Amazon via this search box and the Academy receives a “commission” on all purchases. Your support via this portal, costs you nothing but provides the Academy with much needed funds.
The Mortgage-Follows-the-Note Rule – Part I of IV
In this, the first of a four part series, Attorney Davis concentrates on the Common Law and Article 9 aspects of this all-important, controversial topic.
The 3-3-3 Rule
Although written in a light-hearted style, Judge Williamson provides stellar guidance for attorneys. “Avoid Legalese. Plain language is easier to understand. As Justice Scalia once said, ‘A good test is, if you use the word at a cocktail party, will people look at you funny?’”
Mortgage Servicing Abuses – Max’s Nifty Fifty
Although known to most of you, Max Gardner is new as an Academy contributor. This is the author’s, a debtor practitioner, checklist of potential issues to investigate.
Sanctions and Irony and Fraud, Oh My!
- Foreclosure Lawyer Babcock Suspended From Practicing In U.S. District Court
- Bank Of America Sanctioned After Violating Bankruptcy Court Order
- Servicing company blamed for threatening to foreclose home seeks removal
- Bankruptcy Judge Bans St. Louis Attorney From E-Filing – Privileges For Practice To Be Restored On Payment Of $35K In Sanctions
Saving Homes and Stripping Liens: Recent Exemption Developments
(Prepared to accompany webinar)
Although prepared as a handout for the webinar, this article also stands alone and serves as a tremendous ‘cheat sheet.’
Latest Webinar Recording Now Available – Saving Homes and Stripping Liens: Recent Exemption Developments
Academy Editor & Advisor William Houston Brown and his writing and law partner, Certified Bankruptcy Specialist Lawrence R. Ahern III do an outstanding job catching listeners up on the latest in exemptions.All webinars are archived for free viewing or re-viewing by Academy members. Not a member? Each webinar is offered via pay-per-view for the low price of $19.99MORTGAGE MORASS (Not password protected)
Article: FHA Changes May Aid Those Who Lost Homes – FHA has shortened mandatory waiting periods for FHA-insured mortgage loans for those who have undergone foreclosure, deed-in-lieu, taken a short sale or declared bankruptcy during the economic recession.
Article: A Key to Housing Recovery? Out-Of-Court Foreclosures – Home real-estate markets have bounced back significantly faster in states where the law allows foreclosures to move ahead quickly, putting houses into new owners’ hands sooner.
IN THE NEWS (Not password protected)
As Hospital Prices Soar, a Stitch Tops $500 – An eye-opening look at hospital charges.
STATISTICS (Not password protected)
|
December 2, 2013
|
Archives |
Greatest Hits
A few times a year, the Academy publishes Greatest Hits – articles that garnered a lot of attention. Below are just a few of the best of the best articles from the past eight months. Enjoy!
A Modest Proposal for the Care & Fee’ding of Debtor’s Counsel
“I have a good idea how the case will go just by knowing who is representing the debtor.”
Critical Case Comment (not password protected)
As a Thanksgiving treat to our non-members, this Critical Case Comment is NOT Password protected. Enjoy and see a sample benefit of membership.In re Rosa. Assuming adequate notice, a Chapter 13 plan may propose to both surrender real property to a mortgage holder and vest title of the property in that mortgage holder for the purpose of cutting off any future personal liability of the debtor for homeowners association fees.
Ninth Circuit Overturns Kagenveama
An en banc panel of the Ninth Circuit Appellate Court overturned Maney v. Kagenveama in Danielson v Flores (In re Flores).
Cases That Caught My Eye
Proving again that sequels stink, Cases That Caught My Eye is back with even worse jokes and more than your recommended daily allowance of shamelessly bad puns.
Strong Arm Powers – The National League Chapter 13 Trustees vs. The American League Chapter 13 Debtors
Trustee Jan Hamilton (of Hamilton v. Lanning fame) brings us a delightful yet instructive piece using a baseball metaphor you won’t soon forget. As a gift to non-members, this article is NOT password protected, giving non-Academy members a glimpse of what you are missing. Join Now.
Mort Ranta and the Threshold Question of Jurisdiction: An Appealing Holding on Appellate Review
More from Mort Ranta. In its multi-faceted decision, the Court made a ruling regarding the debtor’s ability to appeal the bankruptcy court’s order denying confirmation of the plan creating a circuit split. Bankruptcy expert Mark Leffler explains this aspect of Mort Ranta.
See also: Critical Case Comment by Henry E. Hildebrand, III
See also: Critical Case Comment by Henry E. Hildebrand, III
The Hottest Item from Last Week
Cash Collateral, the Hanging Paragraph, and Trustee Liability
“Assuming that Chapter 13 Debtors total their cars at the same rate as the rest of the population, each case where a vehicle is being valued through the Plan has a 2% chance of the collateral being totaled each year of the Plan.” Click here for more . . .
|
November 25, 2013
|
Archives |
 |
Happy ThanksgivingThe Academy Board of Directors and Staff wish you, your family and friends the happiest of Thanksgiving Days. And in the spirit of thankfulness, we wish to thank our authors, contributors, volunteers, and members for your continued support. |
Critical Case Comment – 4th Circuit Limits Lien Stripping
Alvarez v. HSBC Bank USA. When spouses own real property as tenants by the entirety, the bankruptcy filing of one spouse does not sever the unity of the tenancy, and the interest of the non-filing spouse does not become property of the estate. Therefore, the bankruptcy court is without jurisdiction to modify a lienholder’s rights as to the non-debtor’s interest in the real property.
From the Editor’s Desk – Discharge Reprise
On November 11th, Judge Brown wrote about In re Rogers wherein a claim for personal liability for post-discharge deficiency was discharged. What started out as a brief comment to Judge Brown’s synopsis, turned into a detailed article. Click here for Trustee Gustafson’s thoughts. Hint: Beware the typo in the opinion.Cash Collateral, the Hanging Paragraph, and Trustee Liability
“Assuming that Chapter 13 Debtors total their cars at the same rate as the rest of the population, each case where a vehicle is being valued through the Plan has a 2% chance of the collateral being totaled each year of the Plan.” Click here for more . . .
The Importance of Social Media in the Job Search
For Debtor Attorneys – Ever have a client in need of a job? This article is a perfect handout for individuals who may be having a difficult time landing a good-paying job. It teaches, in a non-condemning way, proper social media etiquette and more. Download now for future use.
This Week at the CFPB
- CFPB Finalizes “Know Before You Owe” Mortgage Forms – New Forms Improve Consumer Understanding, Aid Comparison Shopping, and Help Prevent Surprises
- Statement of NCLC at CFPB Hearing in Boston – CFPB’s New Mortgage Disclosure Rules Disappoint
- Could New Mortgage Rules Implementation Deadline Be Delayed?
- CFPB Takes Action Against Payday Lender For Robo-Signing – Cash America to Refund up to $14 Million for Robo-Signing and Illegally Overcharging Servicemembers
The Hottest Item from Last Week
Disposable Income and 100% Plans: A Different Perspective
In case you missed it last week . . . Trustee Burden takes a detailed look at how a 100% plan may not be enough to satisfy the Code.
Webinar Recording Now Available
Escrow Analysis Beyond the Basics: A continuation of Demystifying Mortgage Escrow, this resource drills down beyond the basics and analyzes common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes and answer viewer questions.All webinars are archived for free viewing or re-viewing by Academy members. Not a member? Each webinar is offered via pay-per-view for the low price of $19.99
MORTGAGE MORASS (Not password protected)
IN THE NEWS (Not password protected)
|
November 18, 2013
|
Archives |
Disposable Income and 100% Plans: A Different Perspective
Trustee Burden takes a detailed look at how a 100% plan may not be enough to satisfy the Code.
From the Editor’s Desk – Disposable Income
This week, Judge Brown looks at 3 disposable income issues: retirement plan contributions, social security income of non-filing spouse, and secured payments on second mortgage. Click here for details . . .
Outline and Forms of Chapter 13 Practice and Procedures
Nationally recognized, veteran debtor attorney Charles Maglieri shares an excellent aid, primarily for newer attorneys but useful for all, which includes:
- a master case checklist including items such as
- “Other Thorny Issues?—-Illogic of Sec. 506 Inapplicability in General”
- “Convincing the Trustee that you are right!”
- “Anticipate Need for Modification After Confirmation”
- a sample plan with multiple contingencies and options
- a form for calculating DMI
- 341 case summary checklist
- helpful definitions
- and much much more
SBA: Did You Know
Based on the definition of The Small Business Administration, many of you operate a ‘small business.’ The SBA defines a small business concern as one that is independently owned and operated, is organized for profit, and is not dominant in its field. . . . Attorneys would fall into the Services category. . . .The Small Business Administration is not only a resource for your clients but potentially a resource for you. Click here for more information.
Sanctions and Irony and Fraud, Oh My!
Webinar Recording Now Available
Escrow Analysis Beyond the Basics: A continuation of Demystifying Mortgage Escrow, this resource drills down beyond the basics and analyzes common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes and answer viewer questions.
From The Supreme Court
(Not password protected)
- Lenders Miss Chance as U.S. High Court Housing-Bias Case Settles
- Discrimination Case Settles Credit Clips Blog Post by Alan White
MORTGAGE MORASS
(Not password protected)
Blog: The Frontiers of Mortgage Servicing, Part I Posted by Katie Porter
IN THE NEWS
(Not password protected)
STATISTICS
(Not password protected)
|
November 11, 2013
|
Archives |
HAPPY VETERANS’ DAY – Giving Honor to Whom Honor is Deserved
Ask Ms. Ps and Qs
” . . . thinking about you and your firms: do you have a social media policy in place? For all sorts of good reasons, you need to figure out what your policy should be.” Think you’ve heard it all regarding “social” media? What about “professional” media? Click here for cutting edge thoughts on various media formats.
From the Editor’s Desk – Eligibility, Best Interests Test, and Discharge
This week, Judge Brown looks at three separate issues dealt with in three separate cases. (1) Eligibility and In re Scovis; (2) Best Interests Test and In re Engle; and (3) Discharge and In re Rogers. Click here for details . . .
Maximizing Your Social Security Benefits Requires a Strategy
(Article and links are not password protected.)
Key Points to Know:
- How much are you (or your clients) leaving behind?
- Social Security Techniques – ‘Show me the money’
- Are you familiar with ‘File and Suspend’ and ‘Claim now Claim more later?
Additional Article of Interest: How Social Security Keeps Divorcées and Widows in the Dark About Their Benefits
Sanctions and Irony and Fraud, Oh My!
(The following link is NOT password protected.)
The Hottest Item From Last Week
Terminating An Employee
Chapter 13 Trustee Jack Gooding brings members another in our series of business aids. Terminating an employee is never pleasant but it is a business decision that sometimes has to be made. Click here for a resource you will want to share with your Human Resources or Office Management.”Evaluations are a two edged sword. They can be a valuable tool, but only if you are willing to be honest and potentially hurt some feelings.”Additional Resources:
- 8 Things You Should Never Say in a Termination Meeting
- When You Fire Employees, Tell Them the Reason
- In Search of Excellence by Thomas J. Peters and Robert H. Waterman, Jr.
This Week at the CFPB
- CFPB Considers Debt Collection Rules – Bureau Also Releases 5,000 Debt Collection Complaints
- CFPB Takes Action Against Castle & Cooke For Steering Consumers Into Costlier Mortgages – Company to Pay $9 Million in Restitution and $4 Million in Civil Penalties
(Each week, the Academy brings readers only the actions/notices of the CFPB most important to consumer practice. For complete information see www.consumerfinance.gov)
MORTGAGE MORASS (Not password protected)
IN THE NEWS (Not password protected)
(New article on a case reported last week.) Debtors’ Inheritance Received Before Ch. 13 Case Closed Is Property of Bankruptcy Estate
STATISTICS (Not password protected)
2012 Report Shows More Repeat Bankruptcy Filers
Click here for the text of the report
|
November 4, 2013
|
Archives |
Terminating An Employee
Chapter 13 Trustee Jack Gooding brings members another in our series of business aids. Terminating an employee is never pleasant but it is a business decision that sometimes has to be made. Click here for a resource you will want to share with your Human Resources or Office Management.”Evaluations are a two edged sword. They can be a valuable tool, but only if you are willing to be honest and potentially hurt some feelings.”Additional Resources:
- 8 Things You Should Never Say in a Termination Meeting
- When You Fire Employees, Tell Them the Reason
- In Search of Excellence by Thomas J. Peters and Robert H. Waterman, Jr.
Perceptions, Reality, and a Debtor’s Desire to Change Venue
At first glance, this article appears to be a ‘nice little story about a pro se debtor.’ In fact, it is an excellent, serious, well written, ethical resource.”‘In matters of ethics, appearance and reality often converge as one.” After all, we have to strive to avoid the ‘appearance’ of impropriety; the ‘potential’ conflict of interest. ‘Justice must satisfy the appearance of justice.’”
From the Editor’s Desk – Conversion and Dismissal
This week, Judge Brown looks at two cases. (1) Debtor did not have absolute right to dismiss; and (2) When case dismissed prior to confirmation, trustee must return payments to debtor. Click here for details . . .
