February 8, 2016
Archives
cuming

§ 1329(a) and Modifying to Surrender

By Brian T. Cumings, Graves, Dougherty, Hearon and Moody (Austin, TX)
“ . . . modifying a plan for the purpose of surrendering collateral is treated by the courts as being either outright forbidden or subject to a burden on the debtor . . .”
megancraig

In Your Cites – A Quick Refresher Of Common Legal Citations For Your Bankruptcy Practice

By Megan E. Craig, Bayer, Wishman & Leotta (Los Angeles, CA)
“New law school graduates and thirty-year veteran practitioners alike can benefit from a quick refresher on proper Bluebook citation. This article reviews proper use of basic case, statute, internet and book citations, including use of short form and signals. It is intended for use as a supplement to the Bluebook for easy reference by practitioners.”
careydalton

Meet the New Trustee

(Not password protected)
As of January 1st, Carey Dalton Ebert was appointed Chapter 13 Standing Trustee for the Eastern District of Texas. Her office is in Plano. She inherited an exceptional staff from Chapter 13 Standing Trustee Janna Countryman, who passed away suddenly last year. . . . click here to read more
justiceseal

From the Justice Department

(Not password protected)
cfpb

From the CFPB

(Not password protected)
CFPB Takes Steps To Improve Checking Account Access – CFPB Concerned that Screening Inaccuracies and Lack of Account Options are Keeping Consumers Out of the Banking System . . . This article deserves a glance – looks like more banking products will be offered to at-risk-for-overdraft customers.
decarlo
IN CASE YOU MISSED IT…

Another Arrow in the Quiver of the “Less Than Honest Debtor”?

By Thomas D. DeCarlo, Staff Attorney, Office of David Wm. Ruskin, Chapter 13 Standing Trustee, Eastern District of Michigan (Detroit)
“There is little doubt that conversion of non-exempt assets into exempt assets is one aspect of ‘bankruptcy planning’.” Attorney DeCarlo digs deeper into the Hurt case and other aspects of exemption ‘planning’.See Also:Critical Case Comment – “The Bankruptcy Code allows even property fraudulently transferred to be the subject of an exemption.”

February 1, 2016
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport, UNLV
You can’t make this stuff up . . . Indiana Supreme Court approved a consensual 30-day suspension for a lawyer who had advertised that he’d been screwing banks since 1992.
decarlo

Another Arrow in the Quiver of the “Less Than Honest Debtor”?

By Thomas D. DeCarlo, Staff Attorney, Office of David Wm. Ruskin, Chapter 13 Standing Trustee, Eastern District of Michigan (Detroit)
“There is little doubt that conversion of non-exempt assets into exempt assets is one aspect of ‘bankruptcy planning’.” Attorney DeCarlo digs deeper into the Hurt case and other aspects of exemption ‘planning’.See Also:Critical Case Comment – “The Bankruptcy Code allows even property fraudulently transferred to be the subject of an exemption.”

ansleyowens

The Consumer Financial Protection Bureau Tags in on Consumers’ Fight Against Arbitration in the Financial Market Ring

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
“Consumers continue to challenge the legality and fairness of the increasing number of arbitration clauses found in their financial agreements. The majority of these complaints focus on consumers’ inability to sue businesses through class action lawsuits.”
debt

The Next Big Thing

(Not password protected)
snow

From the Courts

(Not password protected)

A “View” From The Courtroom: No Snow Day Here

(The ‘snow angel’ is our own Jan Hamilton who made the best of being snowed-in in Washington, D.C. during the NACTT Trustee Only mtg. Photographer: Kelley Skehen)
harvard

‘Free the Law’ Will Provide Open Access To All

(Not password protected)
This will be huge for lawyers down the road: Harvard Law School and Ravel Law digitizing entire collection of U.S. case law. California attorneys could be benefiting as early as November.
gustafson
IN CASE YOU MISSED IT…

Section 363 Sales In Chapter 13 Part 1 of 6

Did you know that the Academy ‘Toolbox’ contains many jewels, including a comprehensive outline on § 363 Sales? Prior to his appointment as United States Bankruptcy Judge, John Gustafson prepared several such outlines, all housed under the Toolbox tab.
January 25, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“The Bankruptcy Code allows even property fraudulently transferred to be the subject of an exemption.”
plamos

Director’s Forms and Their Use

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee, Craig Shopneck (Cleveland, Ohio)
“The issuance of Director’s Form 4100N and Official Form 410 are part of an ongoing project to streamline and improve the various forms, schedules, etc. used in the bankruptcy process, and it brings up an important question: what’s the difference between Official Forms and Director’s Forms, and why does it matter?”
megancraig

11 U.S.C. § 108 All Tolled: Is A Good Fight A Fair Fight?

By Megan E. Craig and Leon D. Bayer, Bayer, Wishman & Leotta (Los Angeles, CA)
leon bayer“A creditor’s ability to toll a bankruptcy claim, and a trustee or debtor-in-possession’s ability to avoid a bankruptcy claim, has the potential to bring windfalls into the estate. Success in these objectives requires a comprehensive understanding of the tools and snares set out by 11 U.S.C. §108.”
presidentseal

From the Courts

(Not password protected)

Passing of Maryland’s Senior Bankruptcy Judge

“With deep sadness, the Judges of the Bankruptcy Court for the District of Maryland report the death of The Honorable Paul Mannes. Judge Mannes was a past president of the National Conference of Bankruptcy. He served the District of Maryland and its citizens with distinction, honor and humor for over 34 years. Judge Mannes was Maryland’s senior bankruptcy judge and an icon of the bankruptcy community. He passed away peacefully on the afternoon of January 20, 2016.”Services will be held on Wednesday, January 27, at 3:00 pm at Temple Sinai, Washington, D.C.
decarlo
IN CASE YOU MISSED IT…

Voluntary Retirement Contributions and Calculation of Disposable Income

By Thomas D. DeCarlo, Staff Attorney, Office of David Wm, Ruskin, Chapter 13 Standing Trustee, Eastern District of Michigan
“One of the (many) vexing questions arising out of the Bankruptcy Abuse Prevention and Consumer Protection Act involves the interplay between a debtor’s ‘projected disposable income’ and a debtor’s voluntary contributions to a retirement account.”
January 18, 2016
Archives
decarlo

Voluntary Retirement Contributions and Calculation of Disposable Income

By Thomas D. DeCarlo, Staff Attorney, Office of David Wm, Ruskin, Chapter 13 Standing Trustee, Eastern District of Michigan
“One of the (many) vexing questions arising out of the Bankruptcy Abuse Prevention and Consumer Protection Act involves the interplay between a debtor’s ‘projected disposable income’ and a debtor’s voluntary contributions to a retirement account.”
leffler
When Things Don’t Go According to the Plan

The ACP: Applicable or Immutable? Part 4 of 4

By Mark C. Leffler and Emily Connor Fort, The Boleman Law Firm
fort“This multi-part article does not seek to revisit the issue of ACP as multiplier but, instead, asks whether a debtor who modifies his plan after confirmation pursuant to §1329 may reduce the term of his plan below the ACP.”Click here for Part 1
Click here for Part 2
Click here for Part 3
cathymoran

Why Chapter 13 Is Best: It’s The Unknown Unknowns

(Not password protected)
supremecourt

Supreme Court Corner

presidentseal
gasbudget

Gasoline and The Debtor’s Budget

(Not password protected)
Gas is a significant part of a Chapter 13 debtor’s budget, click here to tell The Academy if you are seeing budget amendments or other issues related to the significant fall in gas prices.N.J. Gas Prices Take Wild Tumble, Hit Low Price Benchmark 

Gas Prices Continue to Drop in South Florida

irs

From the IRS

(Not password protected)
  • The Premium Tax Credit – The Basicsa credit that helps eligible individuals and families with low or moderate income afford health insurance purchased through the Health Insurance Marketplace. . . . If a debtor chose to have all or some of the credit paid in advance, they will be required to reconcile on their income tax return the amount of advance payments the government sent on your behalf with the premium tax credit. Must file an income tax return even if you are otherwise not required to file a return.
hildebrand
IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
There is nothing inherently wrong or in bad faith for a poor but struggling debtor to file a Chapter 13 plan where the results pay only the filing fee, the attorney’s fee, and the Trustee commission; whether a particular case is filed in good faith or is feasible is determined on a case by case basis.
January 11, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“There is nothing inherently wrong or in bad faith for a poor but struggling debtor to file a Chapter 13 plan where the results pay only the filing fee, the attorney’s fee, and the Trustee commission; whether a particular case is filed in good faith or is feasible is determined on a case by case basis.”
ansleyowens

Post-Petition HOA Fees Not Automatically Discharged in Chapter 13 Bankruptcy

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
Recent decision from the Ninth Circuit BAP held HOA fees accrued after petition cannot be discharged automatically in a 13 plan.
megancraig

B.A.P. Rejects Literal Interpretation of 523(A) – Dischargeability of Tax “Returns”

By Megan Craig, Bayer, Wishman & Leotta (Los Angeles, CA)
As a gift to ALL readers, Ms. Craig’s analysis of In re Martin is not password protected.“Enter United States v. Martin (In re Martin); an extremely informative case, well researched, and critically written. . . . It rejects a literal interpretation of the “return” definition under § 523(a)(*) & 523(a)(1)(B)(i) that would render these sections superfluous in construction if not meaningless in content when read together with §523(a)(1)(B)(ii).”
debt

The Next Big Thing

(Not password protected)
irs

From the IRS

(Not password protected)
Not that any of us really want to learn about the Affordable Care Act, but it appears we must in order to do our jobs effectively. In this column, The Academy will endeavor to weed through IRS notifications and bring you tidbits of information you may find useful regarding any/all IRS issues.

namore
IN CASE YOU MISSED IT…

Disbursing Agent: Should the Debtor Have a Choice?

By Barbara Foley, Chapter 13 Trustee for the Western District of Michigan (Kalamazoo, MI)
“This article will discuss recent case decisions and look at the statutory framework and factual situations which may result in the conflict in the disbursing agent choice.”
January 4, 2016
Archives
namore

Disbursing Agent: Should the Debtor Have a Choice?

By Barbara Foley, Chapter 13 Trustee for the Western District of Michigan (Kalamazoo, MI)
“This article will discuss recent case decisions and look at the statutory framework and factual situations which may result in the conflict in the disbursing agent choice.”
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“Remember that old expression, ‘in for a penny, in for a pound’? That’s the best way to capture the notion of ‘appearance counsel.’ When a lawyer decides to be “just” appearance counsel, that lawyer is taking on some serious risk.”
malaier

Meet the New Trustee

Michael G. Malaier was appointed as a Chapter 13 Standing Trustee for the Western District of Washington effective October 1, 2015. Malaier succeeds David Howe who passed away in April.
hildebrand
IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
“The only obligation imposed on a married debtor to disclose a non-filing spouse’s income and expenses is to indicate the amount that the non-filing spouse is contributing to the debtor’s household; court is without authority to compel the disclosure of the non-filing spouse’s income and expenses.”
December 28, 2015
Archives

 

Thank You for Your
Continued Support of the NACTT Academy

leffler
When Things Don’t Go According to the Plan

The ACP: Applicable or Immutable? – Part 3 of 4

By Mark C. Leffler and Emily Connor Fort, The Boleman Law Firm

fortThis multi-part article explores the connection between the ACP in §1325(a)(4) and post-confirmation modified plans filed pursuant to §1329(b).

Part 3 looks at the logical pretzels and practical conundrums that result when courts apply §1325(b) to §1329(b) plan modifications.

irs

From the IRS – 2016 Standard Mileage Rates Announced

(Not password protected)

Beginning 1/1/16, the standard mileage rates for the use of a car, van, pickup or panel truck will be:

  • 54 cents per mile for business miles driven, down from 57.5 cents for 2015
  • 19 cents per mile driven for medical or moving purposes, down from 23 cents for 2015
  • 14 cents per mile driven in service of charitable organizations
wbrown

From the Editor – Dismissal

By The Honorable William Houston Brown (Retired)
supremecourt

Supreme Court Corner

  • Supreme Court granted certiorari on a Sixth Circuit decision, Sheriff v. Gillie, a FDCPA case which is of some interest to bankruptcy folks.”Issue: (1) Whether special counsel – lawyers appointed by the Attorney General to undertake his duty to collect debts owed to the state – are state “officers” within the meaning of 15 U.S.C. § 1692a(6)(C); and (2) whether it is materially misleading under 15 U.S.C. § 1692e for special counsel to use Attorney General letterhead to convey that they are collecting debts owed to the State on behalf of the Attorney General.”
envelopeshred

Office Security Webinar

More and more, workplace security is on our minds.

In partnership with the NACTT, the Academy has produced a library of staff training webinars. One of the best of the best addresses workplace security. This 42-min video teaches the importance of having office procedures in place for all types of breach in security such as intruders, theft, passwords, and receipt of suspicious packages.

Access to this training is a benefit of Academy membership*** and is directed to both professionals, office management, and office staff.

*** JOIN THE ACADEMY NOW

construction

Wanna Help Your Millennial Clients?

Millennials: Builders Are Desperate to Hire You

Facing a labor shortage and an aging workforce, companies across the industry are trying out new methods for recruiting younger employees.
namore

IN CASE YOU MISSED IT…

Deadline for Filing Proof of Claim in Chapter 13 Case Applies to All Claims, Including the Claims of Secured Creditors

By Jeff Narmore, Attorney Representing Standing Trustee O. Byron Meredith (Savannah, GA)
“In an unusual Chapter 13 case, the Seventh Circuit Court of Appeals ruled that secured creditors are bound by the 90-day deadline for filing proofs of claim set forth in Bankruptcy Rule 3002(c).”
December 14, 2015
Archives
namore

Deadline for Filing Proof of Claim in Chapter 13 Case Applies to All Claims, Including the Claims of Secured Creditors

By Jeff Narmore, Attorney Representing Standing Trustee O. Byron Meredith (Savannah, GA)
“In an unusual Chapter 13 case, the Seventh Circuit Court of Appeals ruled that secured creditors are bound by the 90-day deadline for filing proofs of claim set forth in Bankruptcy Rule 3002(c).”
gustafson

Supreme Court Corner

Supreme Court Denies Certiorari In Barton Doctrine Case, Villegas v. Schmidt

By John P. Gustafson, Bankruptcy Judge, United States Bankruptcy Court (Toledo, OH)
“In addition to the main issue regarding when a trustee can be sued, the case also involves a Supreme Court directive regarding the interpretation of its decisions by the lower courts.”
supremecourt

Supreme Court Corner – Hot Off the Wire

(Not password protected)
The United States Supreme Court granted certiorari on a Sixth Circuit decision, Sheriff v. Gillie, a FDCPA case which is of some interest to bankruptcy folks.”Issue: (1) Whether special counsel – lawyers appointed by the Attorney General to undertake his duty to collect debts owed to the state – are state “officers” within the meaning of 15 U.S.C. § 1692a(6)(C); and (2) whether it is materially misleading under 15 U.S.C. § 1692e for special counsel to use Attorney General letterhead to convey that they are collecting debts owed to the State on behalf of the Attorney General.”
womansecurity

Office Security Webinar

More and more, workplace security is on our minds. In partnership with the NACTT, the Academy has produced a library of staff training webinars. One of the best of the best of these webinars addresses workplace security. This 42 minute video teaches the importance of having office procedures in place for all types of breach in security such as intruders, workplace violence, passwords, and receipt of suspicious packages. (Access to this training is a benefit of Academy membership and is directed to both professionals, office management, and office staff.)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
rapoport
IN CASE YOU MISSED IT…

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
In her unique style, Ms. Ps & Qs brings readers an annual checklist of goals we should strive to attain. She also wishes Academy readers the happiest of holidays.
December 7, 2015
Archives
leffler
When Things Don’t Go According to the Plan

The ACP: Applicable or Immutable? – Part 2 of 4

By Mark C. Leffler and Emily Connor Fort, The Boleman Law Firm
leffler“Although Congress altered §1325(b) substantially, it made almost no changes to §1329(b). This choice has lead to questions regarding the post-BAPCPA role of judicial discretion in post-confirmation modified plans.”
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
In her unique style, Ms. Ps & Qs brings readers an annual checklist of goals we should strive to attain. She also wishes Academy readers the happiest of holidays.
cfpb

From the CFPB

(Not password protected)

The ‘Other’ Form Changes – Effective December 1, 2015

viegelahn 80 minutes. Trustee Mary Viegelahn (San Antonio, TX) and James Davis, Staff Attorney (Nashville, TN), discussed form changes including Voluntary Petition, Schedules, SOFA, Notice of Final Cure, and more. This webinar is directed to attorneys, trustees, and all staff who work with consumer bankruptcy and voluntary petition forms on a regular basis. wbrown

As a special gift to the consumer bankruptcy community the recording is available ABSOLUTELY FREE until December 10th.

Haven’t seen the new forms yet? Click here. The Petition begins on page 5.

Not a member of the Academy? Join now.

The Other Side of the Coin

(Not password protected)
bankruptcyseal

From the Courts

(Not password protected)
NOTICE OF VACANCY FOR THE POSITION OF UNITED STATES BANKRUPTCY JUDGE
The U.S. Court of Appeals for the Fourth Circuit is accepting applications for a 14-year appointment as Bankruptcy Judge for the District of Maryland at Greenbelt. A full public notice for the position may be viewed at:
http://www.ca4.uscourts.gov/news-announcements/2015/11/23/notice-of-vacancy-bankruptcy-judge-apply-by-12-31-15
debt

The Next Big Thing

(Not password protected)
hildebrand
IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
“The only obligation imposed on a married debtor to disclose a non-filing spouse’s income and expenses is to indicate the amount that the non-filing spouse is contributing to the debtor’s household; court is without authority to compel the disclosure of the non-filing spouse’s income and expenses.”
November 30, 2015
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
“The only obligation imposed on a married debtor to disclose a non-filing spouse’s income and expenses is to indicate the amount that the non-filing spouse is contributing to the debtor’s household; court is without authority to compel the disclosure of the non-filing spouse’s income and expenses.”
skydiving

Abbreviated Updated

We bring you an abbreviated update this week so that the Academy staff may enjoy a restful, thankful holiday with family and friends.
irs

Tips from IRS for Year-End Gifts to Charity

As you think about year-end giving, please consider The Academy. The Academy is a 501(c)3 as recognized by the Internal Revenue Service.Many of you take advantage of the free aspects of ConsiderChapter13.org. but it costs money to offer, particularly, the free webinars.Checks should be made payable to The Academy and mailed to:One Windsor Cove, Suite 305
Columbia, SC 29223

MANDATORY FORM CHANGES DECEMBER 1

Getting Ready for the New POC Forms

viegelahn 90 minutes. Experts Trustee Deb Miller and Attorney Michael McCormick blitz through the changes while covering not only the highlights but nuances. They spent extra time on escrow, escrow shortages, zero balances, and where to report these items on the new Proofs of Claim forms.There are multiple handouts with this webinar. One, is available here, free. viegelahn

Click here for an Excel RESPA Low Point-Escrow Analysis Calculation

********************************************

The ‘Other’ Form Changes – Effective December 1, 2015

viegelahn 80 minutes. Trustee Mary Viegelahn (San Antonio, TX) and James Davis, Staff Attorney (Nashville, TN), discussed form changes including Voluntary Petition, Schedules, SOFA, Notice of Final Cure, and more. This webinar is directed to attorneys, trustees, and all staff who work with consumer bankruptcy and voluntary petition forms on a regular basis. wbrown

As a special gift to the consumer bankruptcy community the recording is available ABSOLUTELY FREE until December 10th.

Haven’t seen the new forms yet? Click here. The Petition begins on page 5.

Not a member of the Academy? Join now.

leffler
IN CASE YOU MISSED IT…When Things Don’t Go According to the Plan

The ACP: Applicable or Immutable? Part 1

By Mark C. Leffler, Boleman Law Firm
“As the saying goes, the one constant is change. Certainly, that is true in a Chapter 13 practice. An integral, everyday part of life for debtors’ attorneys and trustees alike is plan modification by debtors whose financial circumstances have changed.”
November 23, 2015
Archives
leffler

When Things Don’t Go According to the Plan

The ACP: Applicable or Immutable? Part 1

By Mark C. Leffler
“As the saying goes, the one constant is change. Certainly, that is true in a Chapter 13 practice. An integral, everyday part of life for debtors’ attorneys and trustees alike is plan modification by debtors whose financial circumstances have changed.”
bloodycut

Why Would Lawyer Choose Consumer Bankruptcy?

moran“I had my fees cut last week . . . It is my view that most judges sorely underestimate the challenges of representing debt-ridden consumers. The people challenges are as great or greater than the legal challenges. . . .”
bankruptcyseal

Survey: Proposed Official Form for Chapter 13 Plans – Short Turn Around Time – Read And Respond Now

(Not password protected)

Many of you are passionate about the proposed Official Plan Form. You are being offered an opportunity to comment but the survey will close on Friday, December 4, 2015.

Proposed Official Form for the Chapter 13 Plans SurveyRevised forms/rules are:   (Survey link is currently down – we will re-post when repaired)

“The documents are marked to show the changes made since they were last published. The changes in the plan Form and its notes are shown in red. The changes to the Rules and associated notes are in blue.

The Subcommittee is seeking comments to the changes made since the first publication, as shown by the colored markup. Any previous comments have already been reviewed and considered. Do not repeat past comments and please be as specific and brief as possible.” (quoting Honorable Dennis Dow as communicated to ABI)

Educational Webinars

One of the most popular benefits of Academy membership is the recorded and archived webinar library. Complete access to all webinars (including the Staff Training Library) is a benefit of Academy membership.

viegelahn Getting Ready for the New POC Forms is now available. This 90 minute webinar is a must see. Trustee Deb Miller and Attorney Michael McCormick did a stellar job of blitzing through the changes while covering not only the highlights but nuances. They spent time on the ever confusing escrow, escrow shortages, zero balances, and where to report these items on the new Proofs of Claim forms.Additionally, there are multiple handouts that go along with this webinar. One, promised during the webinar, is available here – free. viegelahn

Click here for an Excel: RESPA Low Point-Escrow Analysis Calculation

********************************************

The ‘Other’ Form Changes – Effective December 1, 2015

viegelahn In this 80 minute webinar Trustee Mary Viegelahn (San Antonio, TX) and James Davis,
Staff Attorney to Henry Hildebrand (Nashville, TN), discussed form changes effective December 1st. Forms including Voluntary Petition, Schedules, SOFA, Notice of Final Cure, and more.
wbrown

This webinar is directed to attorneys, trustees, and all staff who work with consumer bankruptcy and voluntary petition forms on a regular basis.

As a special gift to the consumer bankruptcy community, because this webinar is being offered on such short notice, we will offer the recording ABSOLUTELY FREE until December 10th.

Haven’t seen the new forms yet? Click here. The Petition begins on page 5.

mcecil

IN CASE YOU MISSED IT…

If Surrender Is the Answer, What Is the Question?

(Reprinted from the Norton Bankruptcy Law Adviser newsletter, June 2015, with permission. Copyright © 2015 Thomson Reuters/West. For more information about this publication please visit http://legalsolutions.thomsonreuters.com/)
By Michael E. Cecil, Staff Attorney for Jon M. Waage, Chapter 13 Standing Trustee (Bradenton, FL)
“. . . may a debtor transfer an ownership interest to a mortgagee or a homeowners’ association through the terms of a confirmed plan pursuant to 11 U.S.C.A. § 1322(b)(9)? And what about paying some or all of a mortgage by transferring the property to the mortgagee? Most importantly, how does the Chapter 13 discharge under 11 U.S.C.A. § 1328 give meaning to the surrender of real property in a confirmed plan?.
November 16, 2015
Archives
mcecil

If Surrender Is the Answer, What Is the Question?

(Reprinted from the Norton Bankruptcy Law Adviser newsletter, June 2015, with permission. Copyright © 2015 Thomson Reuters/West. For more information about this publication please visit http://legalsolutions.thomsonreuters.com/)
By Michael E. Cecil, Staff Attorney for Jon M. Waage, Chapter 13 Standing Trustee (Bradenton, FL)
“. . . may a debtor transfer an ownership interest to a mortgagee or a homeowners’ association through the terms of a confirmed plan pursuant to 11 U.S.C.A. § 1322(b)(9)? And what about paying some or all of a mortgage by transferring the property to the mortgagee? Most importantly, how does the Chapter 13 discharge under 11 U.S.C.A. § 1328 give meaning to the surrender of real property in a confirmed plan?.

Educational Webinars

As most of you know, the Academy produces substantive webinars which can be viewed, live, absolutely free by anyone. One of the most popular benefits of Academy membership is the recorded and archived webinar library. Complete access to all webinars (including the Staff Training Library) is a benefit of membership.

Getting Ready for the New POC Forms is now uploaded and available to Academy members. This 90 minute webinar is a must see. Trustee Deb Miller and Attorney Michael McCormick did a stellar job of blitzing through the changes while covering not only the highlights but nuances. The spent additional time on the ever confusing escrow, escrow shortages, zero balances, and where to report these items on the new Proof of Claim forms.

Additionally, there are multiple handouts that go along with this webinar. One, promised during the webinar, is available here – free.

Click here for Excel: RESPA Low Point-Escrow Analysis Calculation

********************************************

REGISTER NOW For the Academy’s Next Free Webinar:

The ‘Other’ Form Changes – Effective December 1, 2015

viegelahn November 19th 2-3 eastern
Trustee Mary Viegelahn (San Antonio, TX) and James Davis,
Staff Attorney to Henry Hildebrand (Nashville, TN), will discuss form changes effective December 1st. Forms including Voluntary Petition, Schedules, SOFA, Notice of Final Cure, and more.
wbrown

This webinar is directed to attorneys, trustees, and all staff who work with consumer bankruptcy and voluntary petition forms on a regular basis.

As a special gift to the consumer bankruptcy community, because this webinar is being offered on such short notice, we will offer the recording ABSOLUTELY FREE until December 10th.

wbrown

From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Judge Brown dove into conversions and dismissals this week, taking a look at three cases with very different fact patterns.

cfpb

From the CFPB (This is actually a good one.)

(Not password protected)

CFPB Releases “Planning For Retirement” Tool To Help Consumers Decide When To Claim Social Security

“Deciding when to start claiming Social Security benefits is one of the most important financial choices a consumer will make. The CFPB’s ‘Planning for Retirement’ tool can help consumers clearly see their options.”

The tool can be found at: http://www.consumerfinance.gov/retirement/

percent

Bank Economist: Interest Rate Hike Next Month “A Foregone Conclusion”

This may change the direction of bankruptcy filing rates to “up.” Pa’rtᾱ!!
styleguide

How the Solicitor General’s Style Guide Calls Out Bad Legal Writing

A fun, multi-part article. Please note that if you click the Style Guide graphic (right) and purchase this Amazon #1 new release in legal writing, you will be supporting the Academy via Amazon Associates.
smartphone

Budget Deal Gives Debt Collectors Authority To ‘Robocall’ Cellphones

Your clients will be complaining about this and your initial thought may be ‘I thought that was illegal’, well . . . you need to read this one . . .

The bill, signed Monday (11/2) by President Barack Obama, orders the Federal Communications Commission to set rules governing the debt collection industry’s new authority to use robocalls to hunt down debtors and get them to pay up.

hildebrand

IN CASE YOU MISSED IT…

Critical Case Comment – Debtor, With No Mortgage, Can Still Take Full Deduction

By Henry E. Hildebrand, III, Chapter 13 Trustee
“The full amount of the IRS Local Standards can be deducted from a debtor’s Current Monthly Income in order to determine the debtor’s Projected Disposable Income and if the debtor owns a home, the court is not required to differentiate between a housing/utilities portion and the mortgage/rent portion.”
November 9, 2015
Archives
hildebrand

Critical Case Comment – Debtor, With No Mortgage, Can Still Take Full Deduction

By Henry E. Hildebrand, III, Chapter 13 Trustee
“The full amount of the IRS Local Standards can be deducted from a debtor’s Current Monthly Income in order to determine the debtor’s Projected Disposable Income and if the debtor owns a home, the court is not required to differentiate between a housing/utilities portion and the mortgage/rent portion.”
wbrown

From the Editor – Discharge and Conversion

By The Honorable William Houston Brown (Retired)

This week Judge Brown dissected cases with two entirely different focuses. One on discharge and one on conversion.

usseal

AO Issued Director Forms

At its October meeting, the Advisory Committee on Bankruptcy Rules recommended the Director Forms indicated below:

courts

Study: Superdelegation and Gatekeeping in Bankruptcy Courts

“America’s bankruptcy court system runs on delegation, all the way down.
Delegation of work to bankruptcy judges has been analyzed extensively, but bankruptcy judges’ delegation of work to other actors has largely escaped attention.”
rapoport

IN CASE YOU MISSED IT…

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“A bankruptcy lawyer’s day is often very, very busy, and sometimes people are tempted to skip some good management techniques in order to deal with the pace of practice. In In re T.H., 529 B.R. 112 (2015), the failure to document conversations between a lawyer and his client (and to obtain a “wet” signature) ended up being a very bad idea.”
November 2, 2015
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“A bankruptcy lawyer’s day is often very, very busy, and sometimes people are tempted to skip some good management techniques in order to deal with the pace of practice. In In re T.H., 529 B.R. 112 (2015), the failure to document conversations between a lawyer and his client (and to obtain a “wet” signature) ended up being a very bad idea.”Kudos to those of you who regularly read Ask Ms. Ps & Qs. If you are NOT in the habit of reading this column, we are sorry to say, but YOU are the one the column is published for. Think about it.
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Bankruptcy Weapons to Terminate a Zombie Mortgage – Part 6 of 6

By Professor Andrea Boyack and Judge Robert Berger (Used with permission. First published: Washburn Law Journal)
boyackThe Academy thanks Judge Berger and Professor Boyack for sharing this comprehensive look at a huge national problem – mortgages and properties that nobody wants.This week the Academy brings readers the Conclusion – Part 6 of 6.
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From the Editor

By The Honorable William Houston Brown (Retired)

Although Judge Brown had a nightmare travel week, he still looked at two important cases involving claims issues:

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Penalty Owed to a Government Agency Due to Fraud is Dischargeable in Chapter 13 Bankruptcy

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
“The bankruptcy court, joining a majority of other courts, granted the Debtor’s motion and concluded that the penalty was dischargeable.”
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The Next Big Thing

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From the Courts

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Scofflaws Must Pay When They Violate The Stay

“Debtors in bankruptcy were freed from an incredibly crippling court decision when the 9th Circuit Court of Appeals en banc overturned Sternberg this month.”
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IN CASE YOU MISSED IT…

You’ll Get Nothing And Like It: Using § 363 to (Possibly) Force a Lender to Accept a Short Sale

Phil Lamos, Chief Legal Counsel for Craig Shopneck, Cleveland’s Chapter 13 Trustee
“Section 363(f) . . . allows a debtor to sell property free and clear of liens under certain limited circumstances. It’s a long shot, but under the right set of facts it just might work.”Did you that the Academy has an entire category under The Toolbox called 363 Sales??