December 5, 2016
Archives
sanning

Bad Apples In The Barrel

By Matthew T. Sanning, Attorney at Law, Augusta, Kentucky
“. . . Many internet lenders write loans that are in violation of the small loan acts, licensing acts, and usury laws of the jurisdictions of the individual debtors. Unless objected to, these lenders can and will participate in distributions to unsecured creditors to the detriment of the other unsecured creditors and possibly the debtors. . .”
cmoran

Why the Gap Between Judges & Attorneys Over Fees?

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA
“Very few bankruptcy judges ever represented average individuals in bankruptcy before they became judges. Fewer still were sole practitioners who must rely on the fees they earn and collect to stay in business.”
filingbankrupt

Who Is Filing For Bankruptcy? Take A Look

(Not password protected)
“The Courier-Journal randomly selected a dozen personal bankruptcy filings during the last year in Louisville and Southern Indiana.”

Additional info: Done In By Debt: Bankruptcy Plagues Kentuckiana

nclc

From the NCLC

(Not password protected)
PACE Energy Efficiency Mortgages Still Risky Despite New Department of Energy Guidelines

Stronger, Enforceable Protections Needed to Stop Predatory Loans

helpwanted

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016
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 creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”

November 28, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”

PhilLamos

Judge Suspends Rule Expanding Overtime for Millions of Worker

States effected by lawsuit: Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, Texas, Utah and Wisconsin, and the governors of Iowa, Maine and New Mexico.

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
This is a must-read article . . .

“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.”

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

helpfultips

Webinar Now Available – No Password Required

(Not password protected)

Tips on Production of Documents to the Trustee

Join UST Document Production Committee Members Edward Boltz, Dwayne Murray, Richard Nelson, and Mary Ida Townson, for a one-hour presentation on what documents Trustees (both 7 and 13) typically request prior to each 341 Meetings of Creditors. Additionally, hear directly from Doreen Solomon, Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice.

This webinar is directed to trustees, attorneys who represent trustees, and attorneys who represent debtors, although attorneys who represent creditors may also be interested.

helpwanted

From the UST

(Not password protected)
Chapter 13 Standing Trustee Opening
Location: Eastern District of Wisconsin, Milwaukee
Application Due Date: December 2, 2016

Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

NARCA

NARCA – The National Creditors Bar Association (NARCA) is a Trade Association Dedicated to Serving Law Firms Engaged in the Practice of Creditors Rights Law

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
procmanual

Administrative Procedures Manual Revised and Reorganized

(Not password protected)
As of November 17th, APM for the Eastern District of Kentucky is revamped.
November 21, 2016
Archives

thanks16
siomos

A Lost Cure

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)

“ . . . the Fourth and Ninth Circuit Courts of Appeals have thrown out that past understanding with the effect of increasing the cost of ‘cure’ or preventing it entirely.”

More from this author (all password protected):

PhilLamos

Based on the response to this article, apparently, many law and trustee offices don’t know about this new law. If you have employees earning under $47k per year, you need to read this article. If you are responsible for looking at debtor overtime pay, you need to read this article.

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)

Attention Everyone, including, Office Managers – this is HUGE – if you haven’t already heard about this, you MUST read this one.

“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

HollyDavala

Can a Private Employer Make a Hiring Decision Based on an Applicant’s Bankruptcy?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“So the question to ask is, does the phrase ‘discriminate with respect to employment’ include hiring .decisions?”
4thdistrict

From the Fourth Circuit

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helpwanted

From the UST

(Not password protected)
Chapter 13 Standing Trustee Opening
Location: Eastern District of Wisconsin, Milwaukee
Application Due Date: December 2, 2106

Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

(Not password protected)
Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016
creditslips

From Our Friends at Credit Clips

(Not password protected)
Creative Avoidance of Potential FDCPA Liability
(This one is for our creditor-side readers)
November 14, 2016
Archives
PhilLamos

Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)

Attention Everyone, including, Office Managers – this is HUGE – if you haven’t already heard about this, you MUST read this one.“On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien.”
cmoran

Last Call For Loan Modifications Under HAMP

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA
“HAMP, the government program incentivizing home loan modifications, ends in 2016.” Are your clients ready?
uscourts

From the United States Courts

(Not password protected)
A Lifetime of Service
I came across a really cool page on the website of the US Courts. In honor of Veteran’s Day (which was Friday), take a look at these wonderful stories of Federal District judges who were WWII veterans.
irs

From the IRS

(Not password protected)

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016

surrender

IN CASE YOU MISSED IT . . .

“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

By Academy Staff
“The problem is, while Congress used the word “surrender” in multiple places, no place does Congress actually define “surrender” . . .”
November 7, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Repeated failure of a mortgage servicer to comply with the disclosure requirements of Rule 3002.1 justifies the imposition of significant sanctions against the servicer.”
surrender

“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

By Academy Staff
“The problem is, while Congress used the word “surrender” in multiple places, no place does Congress actually define “surrender” . . .”
ninthcircuit

Ninth Circuit Decision

(Not password protected)
irs

From the IRS

(Not password protected)
  • New Law Sets Jan. 31 W-2 Filing Deadline; Taxpayers Should Keep Copy of Return
    • Employers normally had until the end of February, if filing on paper, or the end of March, if filing electronically, to send in copies of these forms; but are now DUE January 31st.
    • Taxpayers should keep a copy of their tax return. Beginning in 2017, taxpayers may need their Adjusted Gross Income amount from a prior tax return to verify their identity.

From the UST

(Not password protected)
Chapter 7 Panel Trustee Opening
Location: Eastern District of Arkansas – Jonesboro, Helena and Batesville Division
Application Due Date: December 9, 2016

From the Bankruptcy Administrator

Position Announcement – Chapter 13 Standing Trustee
Location: Middle District of Alabama
Application Due Date: November 23, 2016

cmoran

IN CASE YOU MISSED IT . . .

Foreclosure Looms But The Bank’s Numbers Don’t Add Up

By Cathy Moran, Moran Law Group, Mountain View, CA
“The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their papers don’t add up.”
October 31, 2016
Archives
uscourts

U.S. Courts

(Not password protected)
Decline in Bankruptcy Filings Slowing (Finally, some good news!)11’s and 12’s are actually up from 2015!
franc

Non-Exempt Cash in Chapter 13: Vested or Not?

By Tiffany S. Franc, Esq. Staff Attorney to Nancy Spencer Grigsby, Chapter 13 Trustee
“. . . Debtors had non-exempt cash funds of $29,553.97 in their bank account. While not sufficient to pay 100% to their creditors alone, . . . was a substantial sum that could be paid much earlier than the proposed 60-month Chapter 13 plan. . . . the Trustee maintained that the non-exempt liquid asset should be turned over to the Estate.”
cmoran

Foreclosure Looms But The Bank’s Numbers Don’t Add Up

By Cathy Moran, Moran Law Group, Mountain View, CA
“The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their papers don’t add up.”
judgeLaney

As Time Marches On, So Does Bankruptcy Judge John Laney

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Congratulations Judge Laney!U.S. Bankruptcy Court Judge John T. Laney III celebrated 30 years on the bench.
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“I’m writing on this case because sometimes we’re faced with cases in which our clients may be wrong on both the facts and the law. What should we do then?”Click here for an article on The Case of the Pink Diamond
October 24, 2016
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“I’m writing on this case because sometimes we’re faced with cases in which our clients may be wrong on both the facts and the law. What should we do then?”Click here for an article on The Case of the Pink Diamond
Connelly

A Look at the Origins of Chapter 13

By Rebecca B. Connelly, Chief United States Bankruptcy Judge Western District of Virginia
“Recent dialogue about Chapter 13 reflects skepticism. Doubts about success rates or chapter choice infuse our discussions. . . . What is overlooked in this dialogue is the history of this unusual chapter. So, perhaps it is time for a look.”
irs

From the IRS

(Not password protected)

IRS Gives Expanded Tax Relief to Victims of Hurricane Matthew; Parts of Four States Eligible; Extension Filers Have Until March 15 to File

  • North Carolina: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Harnett, Hoke, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne and Wilson counties.
  • South Carolina: Beaufort, Berkeley, Charleston, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Horry, Jasper, Marion, Orangeburg and Williamsburg counties.
  • Georgia: Bryan, Camden, Chatham, Glynn, Liberty and McIntosh counties.
  • Florida: Brevard, Duval, Flagler, Indian River, Nassau, St. Johns, St. Lucie and Volusia counties.
debt

Student Loan Chronicles

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colorofcredit

From Our Friends at Credit Slips

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cfpb

IN CASE YOU MISSED IT . . .

CFPB Ruled Unconstitutional

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October 17, 2016
Archives
LBJ

Critical Case Comment

A Potential Game Changer: Two recent cases broadly interpret the exclusion in § 101(10A) for “benefits received under the Social Security Act”.
Cleve Reding

Cleve Reding Passed Away Sunday, October 9th

By Regina Logsdon

It is with great sadness that we report the passing of Chapter 13 Standing Trustee for the Middle District of Alabama (Montgomery) Cleve Reding. Any positive adjective one can use to describe a human being fits Cleve. He was kind and wise and he was my friend. Most, I think, would describe Cleve as a quiet man. I didn’t see him as quiet because we could talk endlessly. There was no end to his bragging about his wife or providing updates on the ‘kids’ or his Christian service. We often solved the world’s problems, well, at least as we saw things.David Peake, Chapter 13 Trustee in Houston, remembered fondly, “Cleve was simply a good, kind, and decent man. I will always remember his warm smile and that camera. He seemed like a quiet man compared to some of the characters in our group; but he made a huge wonderful footprint in our organization and he will be missed.”“Cleve was the consummate gentleman. Many in the bankruptcy community knew Cleve as our volunteer photographer for so many of our events,” mused NACTT President Mary Ida Townson. “Many knew him as so much more than that. He was a wonderful Trustee, employer, husband, father, and grandfather. Cleve will be missed by everyone.”

“The overwhelming sense of loss which accompanies the passing of Cleve cannot really be expressed in only a few words. Some trustees are known as aggressive litigators, some are educators, some are numbers geeks. And, while Cleve was all of these when he needed to be, all will remember him as a truly nice guy – a gentle soul that worked with financially troubled people to help them rather than fight with them. He worked to assist creditors in collecting their just debts rather than pick a quarrel with them. He was an example for all of us; a trustee who set the standard high and who taught all of us the power of a gentle word. We will follow in his footsteps, hoping that we can show just some of the attributes he carried so well.” Henry E. Hildebrand, III.

I will truly miss you, Cleve. My friend.

Click here for an additional story: Curtis “Cleve” Reding, Jr. Has Passed Away

Bill-Brown

From the Editor

By The Honorable William Houston Brown (Retired)
debt

Student Loan Chronicles

(Not password protected)

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

Creative Options for Student Loans in Chapter 13

gradcapDid you know that the Academy archives, for the benefit of Academy members, all of the webinars that we produce? And that we have an excellent 90-minute presentation discussing creative options regarding student loans: Chapter 20, mediation, separate classification, and MORE. Experts John E. Waites, Judge United States Bankruptcy Court for the District of South Carolina; practitioner Lewis Roberts from Altamonte Springs, Florida; and Chapter 13 Standing Trustee Laurie Weatherford bring this not-to-be missed presentation.

supremecourt2

Supreme Court Corner

(Not password protected)
October 10, 2016
Archives
burden

Discharge Issues: Practice Tips and “OMG!” Lessons from the 2016 NACTT Annual Conference

By Beverly Burden, Chapter 13 Standing Trustee for the Eastern District of Kentucky (Lexington)
“I’m sharing a few practice tips and “OMG!” lessons we picked up at the NACTT Annual Conference in Philadelphia in July. This article is on two important case decisions affecting the debtor’s chapter 13 discharge (both warranted “OMG!” reactions from my staff attorneys and me).”     Mark your calendar for July 12-15, 2017, for the next NACTT annual conference in Seattle, WA.
brevityinbriefs

Judges Push Brevity in Briefs, and Get a Torrent of Arguments

. . . for briefs filed in federal appellate courts . . . the new word limit — which takes effect on Dec. 1 — will be 13,000 words, a reduction of 1,000 words . . .
twitter

Federal Judge Authorizes Service of Process via Twitter Under FRCP 4(f)(3)

No, this isn’t bankruptcy related but how long will it be until Twitter or Facebook or Snapchat or whatever the next big thing is will become an accepted manner for service of process. #AttentionOfficerMgrOrGenAgent
irs

From the IRS

(Not password protected)

IRS Advises Taxpayers to Prepare for Hurricanes, Floods and Other Natural Disasters

Drought-Stricken Farmers and Ranchers Have More Time to Replace Livestock; 37 States and Puerto Rico Affected

  • Details on this relief, including a list of NDMC-designated counties, is available at Notice 2016-60

IRS Now Accepting ITIN Renewal Applications; Taxpayers Encouraged to Act Soon to Avoid Processing Delays in 2017

  • ITINs are used by people who have tax filing/payment obligations who are not eligible for a Social Security Number
  • Any ITIN not used on a federal tax return at least once in the last three years will not be valid as of Jan. 1, 2017
cfpb

From the CFPB

(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)
Creditors: This one’s for you.“While the statute does not require an above-median income debtor to pay all claims in full faster than sixty months, it is not inappropriate for a bankruptcy court to condition confirmation of a plan to preclude the debtor’s discharge if the plan is later modified to reduce the dividend below 100%. (Gargotta)”
October 3, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Creditors: This one’s for you.“While the statute does not require an above-median income debtor to pay all claims in full faster than sixty months, it is not inappropriate for a bankruptcy court to condition confirmation of a plan to preclude the debtor’s discharge if the plan is later modified to reduce the dividend below 100%. (Gargotta)”
helen morris

No Terms of Endearment

By Helen M. Morris, Chapter 13 Trustee for the Northern and Southern Districts of West Virginia
“We are nearing the first anniversary of the new forms for bankruptcy schedules. While others were decrying them with words of fear and loathing . . ., the format of the new schedules birthed a new hope for me. . . . No more ‘house and lot’ with no geographic reference.”
nclc

Consumer Advocates Disappointed Private Debt Collectors to Begin Collecting Federal Tax Debts – Program May Increase Scams Involving Phony Tax Collections

(Not password protected)
“Consumer advocates expressed disappointment over an announcement that four private debt collection companies were selected to collect federal tax debts, one of which had been terminated last year by the U.S. Department of Education.”
NARCA

NARCA – The National Creditors Bar Association (NARCA) is a Trade Association Dedicated to Serving Law Firms Engaged in the Practice of Creditors Rights Law

(Not password protected)
irs

From the IRS

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houses

From Credit Slips

(Not password protected)
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
Applications must be received no later than 5:00pm Central Standard Time on October 7, 2016
siomos

IN CASE YOU MISSED IT . . .

Germeraad v. Powers – A Plan May Be Modified Based on a Debtor’s Improved Financial Circumstances

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
Another excellent case synopsis by Staff Attorney Siomos.“If a Chapter 13 Trustee, in examining post-confirmation income tax returns ‘discovers that the [Debtors’] incomes have increased, he may (and indeed should) move to alter their plan . . .”
September 26, 2016
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A domestic support obligation claimholder is prohibited from intercepting a Chapter 13 debtor’s post-confirmation income if such is inconsistent with the debtor’s plan and confirmation order.
siomos

Germeraad v. Powers – A Plan May Be Modified Based on a Debtor’s Improved Financial Circumstances

By Kenneth Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
Another excellent case synopsis by Staff Attorney Siomos.“If a Chapter 13 Trustee, in examining post-confirmation income tax returns ‘discovers that the [Debtors’] incomes have increased, he may (and indeed should) move to alter their plan . . .”
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
Applications must be received no later than 5:00pm Central Standard Time on October 7, 2016
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
KarinAmyx

IN CASE YOU MISSED IT . . .

Fee Only Chapter 13 Plans Get a Boost in Kansas

By Karin N. Amyx, Staff Attorney to Chapter 13 Standing Trustee Laurie B. Williams (Wichita, KS)
“Whether lack of good faith is present depends on the circumstances, but the majority of courts have found fee only plans do not meet the requirements of 11 U.S.C. § 1325(a)(3) and/or (a)(7). That is, except in Kansas.”
September 19, 2016
Archives
KarinAmyx

Fee Only Chapter 13 Plans Get a Boost in Kansas

By Karin N. Amyx, Staff Attorney to Chapter 13 Standing Trustee Laurie B. Williams (Wichita, KS)
“Whether lack of good faith is present depends on the circumstances, but the majority of courts have found fee only plans do not meet the requirements of 11 U.S.C. § 1325(a)(3) and/or (a)(7). That is, except in Kansas.”
fraud

Hatfield v. Thompson – Why Debtors (and Their Counsel) Should be Very Afraid of Husky

By Academy Staff
“The Supreme Court concluded that § 523(a)(2)(A)’s ‘actual fraud’ standard did not require the debt Plaintiff sought to except from discharge itself resulted from or was based on fraud.”
cmoran

Chapter 13 Keeps Debtor/Client In Control

By Cathy Moran, Moran Law Group, Mountain View, CA
“Many of my Chapter 13 clients have no meaningful assets to protect. Assets to protect isn’t what made 13 right for them.”
oilrig

High Risk of Bankruptcy for One-Third of Oil Firms

(Not password protected)
At the recent NACTT conference in Philadelphia, Elizabeth Abdelmasieh, Attorney Advisor in the Court Services Office of the Administrative Office of the United States Courts in Washington, D.C. mentioned a study conducted by Deloitte which projects one-third of oil firms are at high risk of bankruptcy.Click here for the study
Click here to order Ms. Abdelmasieh’s Speech
thomsonreuters

Thomson Reuters Offers Academy Member Discount

(Not password protected)
Exclusive savings on Chapter 13: Practice And Procedure, 2d – Enter Promo Code NACTT at Checkout to Redeem25% off when ordered with monthly pricing
20% off when ordered withoutOffer expires 12/31/2016 at 11:59PM (CST)
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
Applications must be received no later than 5:00pm Central Standard Time on October 7, 2016
Harry-Cash

IN CASE YOU MISSED IT . . .

Property Flippers Beware!

By Harry R. Cash, Grant Konvalinka & Harrison (Chattanooga, TN)
“The one-year redemption period just got extended by 60-days for a debtor filing Chapter 13. . . . determined that the 60-day tolling provision in 11 U.S.C. § 108(b) is available to Chapter 13 debtors exercising the rights and powers of a trustee, just as it applies in Chapter 11 . . .”
September 12, 2016
Archives
trevorbond

Bullard: Back to the Basics – Part II of II

By Trevor Bond, Law Clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
“. . . a lawyer must first answer the million dollar question: Is the bankruptcy court’s decision final or interlocutory?”Click here for Part I of II

Harry-Cash

Property Flippers Beware!

By Harry R. Cash, Grant Konvalinka & Harrison (Chattanooga, TN)
“The one-year redemption period just got extended by 60-days for a debtor filing Chapter 13. . . . determined that the 60-day tolling provision in 11 U.S.C. § 108(b) is available to Chapter 13 debtors exercising the rights and powers of a trustee, just as it applies in Chapter 11 . . .”
simscrawford

New Bankruptcy Judge Appointment

(Not password protected)
thomsonreuters

Thomson Reuters Offers Academy Member Discount

(Not password protected)
Exclusive savings on Chapter 13: Practice And Procedure, 2d – Enter Promo Code NACTT at Checkout to Redeem25% off when ordered with monthly pricing
20% off when ordered withoutOffer expires 12/31/2016 at 11:59PM (CST)
usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • DJ Battle Kills 3 Lawyers’ Careers – The sordid legal battles surrounding Hulk Hogan have chewed up three more careers. The lawyers representing his buddy Bubba the Love Sponge are now disbarred.
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

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

The Supreme Court’s holding in Harris v. Viegelahn requires the trustee to return funds to the debtor upon conversion of the case whether the case is converted before or after confirmation. (Jacobvitz)

Trustee Hildebrand’s analysis of In re Beauregard is a must read . . . especially for attorneys who represent debtors.

September 5, 2016
Archives

madeintheusa

Happy Labor Day

madeintheusa

In honor of the ‘working man’ and in sorrow for the official end of summer, the Academy presents a Catch-Up issue. This week we present important items you may have missed or didn’t have time to read the first go-round. (The free links are all new.)

LaceyBryan

Pigs, Hogs & Nest Eggs: When Is It “Too Much, Too Late” for Retirement Fund Contributions in Chapter 13?

By Lacey S. Bryan, Staff Attorney at the Office of Lonnie D. Eck, Chapter 13 Trustee, Tulsa, OK
“. . . when a Chapter 13 filing is on the horizon, or even after the petition has been filed, can debtors begin to rebuild their nest egg at the expense of their unsecured creditors?”
hildebrand

Hank Wins One at the BAP

By Academy Staff
What’s a governmental creditor to do when a court finds that the state’s own laws do not permit the government to recover the funds to which it believes it is entitled? Clearly, the state changes the law.See also:
6th Cir. Affirms Lower Bankruptcy Ruling, Punts Constitutionality
trevorbond

Bullard: Back to the Basics – Part I of II

By Trevor Bond, Law Clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
“The decision interpreted the meaning of ‘final’ in 28 U.S.C. § 158(a)(1), which provides for district court appellate jurisdiction over ‘final judgments, orders, and decrees . . . in cases and proceedings referred to the bankruptcy judges.’”
pardo

Student Loan Chronicles BONUS ITEM

(Not password protected)

Taking Bankruptcy Rights Seriously

By Raphael I. Pardo, Robert T. Thompson Professor of Law, Emory University School of Law Atlanta, GA
. . . Article focuses on the particular example of debtors who seek to discharge educational debt through bankruptcy. Such debt may be discharged only if the debtor can establish through a full-blown lawsuit . . .Using an original dataset of educational-debt dischargeability determinations, this Article reveals . . . the typical self-represented debtor in such proceedings has only a 28.5% chance of litigation success, which pales in comparison to the 56.2% success rate of a similarly situated debtor who is represented. . . . (emphasis added)
debt

Student Loan Chronicles

(Not password protected)
tancredi

Law Firm Partner Named Bankruptcy Judge

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Day Pitney Partner Tancredi Appointed as U.S. Bankruptcy Judge
genderbias

Female Lawyer’s Gender-Bias Suit Challenges Law Firm Pay Practices

(Not password protected)
A five-man management committee at the firm arbitrarily awards male partners more points, which translate into higher dollar compensation, than they do to women, she maintained.
suicide

Depression, Suicide, Alcoholism, Gambling, Substance Abuse . . .

If your state is not listed below, please, let us hear from you. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy is creating a database for all states. Click here to send us the information or email Ms. Logsdon.We have received program information from the following states:Hawaii
Kansas
Kentucky
Oregon
Pennsylvania
TexasThank you to those who have responded.
August 29, 2016
Archives
trevorbond

Bullard: Back to the Basics – Part I of II

By Trevor Bond, Law Clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
“The decision interpreted the meaning of ‘final’ in 28 U.S.C. § 158(a)(1), which provides for district court appellate jurisdiction over ‘final judgments, orders, and decrees . . . in cases and proceedings referred to the bankruptcy judges.’”
Bill-Brown

From the Editor – Debtor’s Attorney Fees

By The Honorable William Houston Brown (Retired)

This week Judge Brown takes a look at 2 cases involving attorney fees:

stinnett

Retired Bankruptcy Judge Tom Stinnett Dies at 72

(Not password protected)
  • Click here to share your thoughts/memories with the family
oxholm

New Bankruptcy Judge Appointment

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identitytheft

A Life or Death Case of Identity Theft?

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Every day we are inundated with news of scams and new ways to steal an identity that we sometimes become numb to the banter.This article is important, not so much because of the sad case outlined, but because of the rest of the scary stuff about how easy it is for a thief to get a cell phone in your name, charge the cost to you, and cut off your phone service. It continues with important information on your (or your client’s) rights after such a theft.
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In response to the feedback we received regarding the topic below, The Academy is requesting your assistance. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy would like to create a database for all states. Click here to send us the information or email Ms. Logsdon.Thank you to those who have already sent in this information.

Missing Attorney Found Dead in Apparent Suicide

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Helpful Resources:

rapoport

IN CASE YOU MISSED IT…

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“The ABA has taken on the cause of demeaning behavior in its new ethics rule by adding a clause to Rule 8.4 . . .”
August 22, 2016
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“The ABA has taken on the cause of demeaning behavior in its new ethics rule by adding a clause to Rule 8.4 . . .”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Creditor’s withdrawal of a proof of claim does not render an application to disallow the claim as moot.
chutzpah

‘Chutzpah of the Year’ Award?

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Debtor who sought to reaffirm a debt — secured by Jaguar bought just before filing for bankruptcy — might be a candidate for the “Chutzpah of the Year” award.
katystech

From the Wall Street Journal

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College May Keep Tuition Money Paid by Bankrupt Parents, Judge Rules

Sacred Heart University can keep money in bankruptcy of Steven and Lori Palladino tied to Ponzi scheme.
financialliteracy

Opposite of Sanctions/Irony/Fraud

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suicide

In response to the feedback we received regarding the topic below, The Academy is requesting your assistance. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy would like to create a database for all states. Click here to send us the information or email Ms. Logsdon at Regina.Logsdon@ConsiderChapter13.org.

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)

Helpful Resources:

Feeling like you need someone to talk to? Don’t wait. Contact a friend. Contact a colleague. Contact a professional. Contact your state or local bar association. Most state bar associations have programs in place just for YOU.

dollarsigns

IN CASE YOU MISSED IT…

Critical Case Comment

By Academy Staff
When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors.
August 15, 2016
Archives
dollarsigns

Critical Case Comment

By Academy Staff
When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors.
Bill-Brown

From the Editor – Property of the Estate

By The Honorable William Houston Brown (Retired)
suicide

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)

Helpful Resources:

Feeling like you need someone to talk to? Don’t wait. Contact a friend. Contact a colleague. Contact a professional. Contact your state or local bar association. Most state bar associations have programs in place just for YOU.

blackrobes

From the Courts

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Just for fun . . . Justice Sandra Day O’Connor on Why Judges Wear Black Robes – The Supreme Court icon breaks down the tradition
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Webinar: Escrow Analysis Beyond the Basics

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Did you know that as part of your Academy membership, you have full access to an entire library of training opportunities?“Escrow Analysis Beyond the Basics” drills down, analyzing 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.
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From the CFPB

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BeverlyBurden

The CFPB: Practice Tips and “OMG!” Lessons from the 2016 NACTT Annual Conference

 By Beverly Burden, Chapter 13 Trustee (Lexington)
“Don’t ignore this topic; it’s important for bankruptcy practitioners to know about the Consumer Financial Protection Bureau (CFPB) and educate their clients (whether consumers or creditors).”
hildebrand

IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions.Eww ‘sanctions,’ our favorite topic!
August 8, 2016
Archives

audiorecordings

ANOTHER GREAT NACTT CONFERENCE

If you weren’t able to attend the 2016 NACTT Seminar in Philadelphia, or if you had a hard time choosing between the great breakouts, or you attended a breakout with such great information you want to hear it again, PRE-ORDER the recordings NOW . . . before you forget.

The attached form shows an Academy member price and a non-Academy member price. The non-Academy member price includes the recordings AND ONE FULL YEAR of full access to ALL of the resources at ConsiderChapter13.org – a $76 savings over the regular annual membership price.

Video DVDs and Audio CDs Available

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions.   Eww ‘sanctions,’ our favorite topic!
bowarrow

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

By Academy Staff
“There is little doubt that conversion of non-exempt assets into exempt assets is one aspect of ‘bankruptcy planning’. The Committee notes attendant to the enactment of the Code in 1978 acknowledge that conversion of non-exempt assets into exempt assets on the eve of filing is not itself wrongful.”
nclc

NCLC Solicits Nominations for Vern Countryman Award

“A top national honor for consumer lawyers, to an attorney whose career work has significantly contributed to the rights and well-being of low-income consumers.”

Deadline for completed nominations is Friday, August 26

robot

Danger Will Robinson! Lost in Space – Navigating a Debtor Through a Chapter 13 Case

By Pam Bassel, Chapter 13 Standing Trustee, North Richland Hills, TX
REMINDER: This detailed outline on post-confirmation modifications to surrender of property can be found in The Toolbox, Post-Confirmation category.
foryourblogfacts

For Your Blog

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Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here is an item you may find of interest and may want to share with your clients:

debt

Student Loan Chronicles

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treasurydept

From the Treasury Department

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Guiding Principles for the Future of Loss Mitigation: How the Lessons Learned from the Financial Crisis Can Influence the Path Forward

A White Paper from the Treasury Department

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From the CFPB

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GilWeisman

IN CASE YOU MISSED IT…

Dischargeability Litigation: Defining Fraud and Examining Discharge Exceptions

By Gilbert B. Weisman, Becket & Lee, Malvern, PA
Another product of the NACTT conference is this detailed piece by Gil Weisman on the applicable statutes regarding dischargeability litigation.