April 5, 2021
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Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

United States Trustee Program Alert
“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”

Tax on Unemployment Benefits Your Client Never Received – How to Fight Back Against Scams
See also:


Eviction Ban
- Federal Eviction Moratorium Extended Just 2 Days Before Expiration (Extended thru June of this year)

From the IRS
- IRS Extends Additional Tax Deadlines for Individuals to May 17 – Time to make contributions to IRAs and health savings accounts extended to May 17
- Click here for Previous Announcement

From the CFPB
- CFPB Rescinds Series of Policy Statements to Ensure Industry Complies with Consumer Protection Laws (Pertains to mortgages, credit reporting, credit cards and prepaid cards)

Subchapter V

From the Courts
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Southern District of FL – New Student Loan Program Effective 5/3/21
- Middle District of FL – Proposed Local Rules Available for Comment
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Central District of CA – Transitioning to NextGen 4/26/21 – CM/ECF will be down from noon on Thursday, 4/22 until 9:00 a.m. Monday 4/26


Student Loan Chronicles
Coronavirus and Forbearance Info for Students, Borrowers, and Parents – Updated 3/30/21

Sanctions and Irony and Fraud, Oh My!

Critical Case Comment
See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.
March 29, 2021
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Critical Case Comment

United States Trustee Program Alert

Legislation to Watch
- H.R. 1651: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed the House 3/17
- S. 473: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed Senate 3/24 with Amendment (S.Amend. 1407).
Passed the House with Amendment 3/26 and is expected to be signed by the President on 3/28.

From the Editor

From the IRS
- Face Masks and Other Personal Protective Equipment to Prevent the Spread of COVID-19 Are Tax Deductible (Nice of the IRS but with current Standard Deductions who does this really help?)
- Tax Day for Individuals Extended to May 17 (From April 15th)


Subchapter V

From the Courts
- Middle District of FL – Proposed Local Rules Available for Comment
- District of KS – Revised Local Rules effective 3/17/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21 – CM/ECF will be shut down from Thursday 4/1 through 8 am Monday 4/4


Student Loan Chronicles
- Student Debt “Feels Like Quicksand” Is loan forgiveness the answer?
- An Extremely Important Statistic About Student Debt That Has Never Been Published – Dept. of Education does not actually publish straightforward figures tracking how much money it collects each year. The data the agency releases annually combines the regular principal and interest collections with the massive number of loan consolidation payments borrowers make each year, which doesn’t really tell us how much of their own money Americans are paying toward loans.

Sanctions and Irony and Fraud, Oh My!

6 Steps to Ethical Unbundling of Bankruptcy Representation
March 22, 2021
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6 Steps to Ethical Unbundling of Bankruptcy Representation

The American Rescue Plan
- CFPB Steps in to Help Shield Consumers from Having Their Stimulus Check Garnished by Creditors – The agency says banks are willing to help consumers who are affected by this issue
- From the Auto Industry: CFPB Wants Stimulus Payments to Go to Consumers, Not Collectors

Legislation to Watch
- H.R. 1651: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed the House 3/17
- S. 473: COVID–19 Bankruptcy Relief Extension Act of 2021 (Bill is only 2 pages long.)

From the Editor

Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

More on Fulton

Chapter 12 Conference Farm Reorganization
July 22, 23 & 29, 30, 2021 – VIRTUAL

From the IRS
- Tax Day for Individuals Extended to May 17 (From April 15th)
- IRS Office of Chief Counsel Unveils National Virtual Settlement Days – IRS Office of Chief Counsel has embarked on its most far-reaching Settlement Days program ever, declaring the month of March 2021 (nice of them to announce this on March 18th) as “National Settlement Month.” If you have clients with IRS issues, this may be of interest to you. BUT if we are reading this properly, they would have to participate without counsel.


Positions Open
- Sixth Circuit announced final 5 candidates for Eastern District of Michigan judgeship. They request comments in order to narrow 5 to 3.
- District of Minnesota – Term Law Clerk
- District of Maryland – Term Law Clerk

Subchapter V

From the Courts
- Middle District of FL – Proposed Local Rules Available for Comment
- District of KS – Revised Local Rules effective 3/17/21
- District of NJ – Zoom Trial Guidelines
- Eastern District of MI – Transitioning to NextGen 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21 – CM/ECF will be shut down from Thursday 4/1 through 8 am Monday 4/4

For Your Blog

Student Loan Chronicles

Sanctions and Irony and Fraud, Oh My!
- Texas Energy Company that Charged Huge Electric Bills During Storm Files for Bankruptcy (This is all kinds of Oh My!)

Critical Case Comment
March 15, 2021
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Critical Case Comment

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

From the Editor

Serendipity, a Tribute to Judge Jack B. Schmetterer

Chapter 13 Practice and Procedure

The Advisory Committee on Bankruptcy Rules Needs Your Help
As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures. The Rules Committee would like to hear from you regarding your current practices. PLEASE take this survey.

Positions Open
- District of Maryland – Term Law Clerk
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21

Subchapter V
- What Qualifies as “Engaged in Business or Commercial Activities” for Subchapter V Eligibility? (In re U Stop)
- Reminder – March 27 is the Current Deadline to decrease the cap back to $2,725,625, although an extension has been proposed.

From the Courts
- District of NJ – New Motion for Discharge Pursuant to § 1328(i)
- Eastern District of TN – New CM/ECF Dictionary Events for Section 1328(i) Discharge
- Middle District of GA – Amendment to LBR 9013-3 Certificate of Service – Motions
- Middle District of NC – New local form Motion for Entry of Discharge Section 1328(i)) and other issues
- Northern District of OK – New policy regarding motions for relief from stay
- District of SC – Revised Conduit Orders (Judges Duncan and Waites)
- Northern District of GA – Transitioning to NextGen 8/9/21
- District of AZ – Transitioning to NextGen 6/28/21
- Eastern District of MI – Transitioning to NextGen 6/1/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21



Sanctions and Irony and Fraud, Oh My!

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

March 8, 2021
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Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

More on Fulton
- Turnover by Motion? How About Under Rule 6008?
By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
- City of Chicago v. Fulton: What SCOTUS Did Not Say Webinar Recording – Without a doubt, one of the best webinars we have ever produced
Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

From the Advisory Committee on Bankruptcy Rules
Chapter 13 Standing Trustee for the Northern District of Indiana

Of Interest to, Well, Everyone

From the United States Courts

Farmers in the News

New Judge Appointed

Positions Open
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Northern District of Mississippi – Term Law Clerk to Judge Selene D. Maddox – Application due date 3/12/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21

Subchapter V
- Reminder – March 27 is the Current Deadline to decrease the cap back to $2,725,625, although an extension has been proposed.

From the Courts
- Eastern District of TN – New CM/ECF Dictionary Events for Section 1328(i) Discharge
- Middle District of GA – Amendment to LBR 9013-3 Certificate of Service – Motions
- Middle District of NC – New local form Motion for Entry of Discharge Section 1328(i)) and other issues
- Northern District of OK – New policy regarding motions for relief from stay
- District of OR – Kirsten Wilkinson Selected as Next Clerk of Court
- Northern District of IL – Revised Court-Approved Retention Agreement for cases filed on or after March 15, 2021
- District of SC – Changed Till rate
- District of SC – Revised Conduit Orders (Judges Duncan and Waites)
- Eastern District of OK – Transitioning to NextGen 4/1/21


For Your Blog
- HUD.gov has a good all-in-one-place resource for homeowners – Special COVID-19 Mortgage Relief for Homeowners with FHA-Insured Single Family Mortgages
- New Rules for Self-Employed and Gig Workers Applying for PPP Loans Are Out. Here’s What You Need to Know


Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

March 1, 2021
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Turnover by Motion? How About Under Rule 6008?

Webinar Recording Now Available
- I think you guys have the most quality programming in bankruptcy-centric circles
- Very interesting webinar
- Webinar had some very practical suggestions for dealing with the complications/extra work created by The Supremes
- Excellent
Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.
Or click here for a discounted offer.

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

Farmers in the News
Farm Bankruptcies During 2020 – Filings Drop 7% During 2020, Not Out of the Woods Yet

Legislation to Watch
Durbin, Grassley Introduce Bipartisan Legislation to Extend CARES Act Bankruptcy Relief Provisions ( . . . ‘til March 2022. Oy vey)

Credit Scores in the News

Positions Open
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Northern District of Mississippi – Term Law Clerk to Judge Selene D. Maddox – Application due date 3/12/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
- District of Puerto Rico – Judgeship – Application due date 3/3/21

New Supplemental Proof of Claim Form

Subchapter V Reminder – March 27, 2021 Current Deadline

From the Courts
- Southern District of Ohio – Increased No Look Fee
- Western District of Michigan – Attn: Debtor Attorneys – To be considered for increased Fee Memorandum rates, you must certify your attendance at 2020 bankruptcy legal education by completing and submitting Exhibit 6.
- Northern District of Illinois – Revised Court-Approved Retention Agreement for cases filed on or after March 15, 2021
- District of South Carolina – Changed Till rate
- District of South Carolina – Revised Conduit Orders (Judges Duncan and Waites)
- Western District of Pennsylvania – Increase in Loss Mitigation Program Fee Limits
- District of Nevada – Mortgage Modification Program Fee Updates
- Middle District of Florida – Judge Colton Only Chpt 13 Hearing Procedures effect 3/1/21 – IMPORTANT
- District of Minnesota – Proposed Abrogation of Local Rule 1007-4(b) and Proposed New Local Rule and Form 2016-2 regarding disclosure of atty fees in adversaries.
- Northern District of New York – Loss Mitigation Procedures revised to clarify the process for participation when a motion to terminate the automatic stay has been granted as to real property. The revisions to Part V (A) and (B) provide for uniformity in practice across the divisions. Click here for a redline of the revisions.
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Middle District of Alabama – Transitioning to NextGen 3/8/21 – ECF will be unavailable from noon on Friday the 5th through 7am Monday
- District of Maryland – Transitioning to NextGen 5/10/21
- Eastern District of Michigan – Transitioning to NextGen 6/1/21


Student Loan Chronicles

Sanctions and Irony and Fraud, Oh My!
- Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance This is not a typical debt collector story. It reveals an atypical scam, the depths of which you need to have a passing knowledge of.

Chapter 13 – It’s Good To Have A Plan

February 22, 2021
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SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021

Form 1099G – How to Fight Back Against Scams

Chapter 13 – It’s Good To Have A Plan
The Chapter 13 Business Model

Foreclosures: The New Date is July 1

New Judge Appointed in the Eastern District of Wisconsin

From the Supreme Court: Case to Watch
- Amicus Brief: McCoy Student Debt Bankruptcy Discharge

On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State
New Proof of Claim Form

Passing of Judge Shapiro

Subchapter V Reminder – March 27, 2021 Deadline

Bitcoin
- See also this ConsiderChapter13.org resource from 2016: Bitcoins and Bankruptcy By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee (Cleveland, OH)

From the Courts
- Middle District of Florida – Judge Colton Only Chpt 13 Hearing Procedures effect 3/1/21 – IMPORTANT
- District of Minnesota – Proposed Abrogation of Local Rule 1007-4(b) and Proposed New Local Rule and Form 2016-2 regarding disclosure of atty fees in adversaries.
- Northern District of New York – Loss Mitigation Procedures revised to clarify the process for participation when a motion to terminate the automatic stay has been granted as to real property. The revisions to Part V (A) and (B) provide for uniformity in practice across the divisions. Click here for a redline of the revisions.
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Middle District of Alabama – Transitioning to NextGen 3/8/21
- District of Maryland – Transitioning to NextGen 5/10/21
- Eastern District of Kentucky – NextGen went into effect over the weekend

For Your Blog
- Your clients need to know this . . . Lost a Job or Income? Don’t lose access to key tax credits – Earned Income Tax Credit and the Child Tax Credit.

Student Loan Chronicles
- Student Debt Crisis Hits Black Borrowers Hardest – These debtors say Biden’s plan to tackle it isn’t enough

Sanctions and Irony and Fraud, Oh My!

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 2 of 2: Thomas v. Midland Funding, LLC

February 15, 2021
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2020 Vision

Judges on Race: Reducing Implicit Bias in Courtrooms

Autherine Lucy: Failed Integration Bid Left Lasting Legacy

On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State

Still Time to Register for Free Webinar
City of Chicago v. Fulton: What SCOTUS Did Not Say
This Friday, February 19th – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Join Chapter 13 Trustee Jody Bledsoe along with noted attorneys Rich Parker and Tony Sottile in a one-hour presentation on the recent Fulton decision. Our expert panel will dig into what the Supreme Court did not rule on in this case. They will also drill down into Sections 362 and 542.
Can’t attend on Friday? It is ConsiderChapter13.org’s practice to record all webinars. Although we offer live webinars FREE, access to the recordings is a benefit of subscription. Only $275/year for access to ALL of the resources! Click her to subscribe.
(If you are a solo practitioner and have been impacted by the pandemic, contact us for a discount.)

Forbearance Period Extended
FHFA Extends Foreclosure and REO Eviction Moratoriums and COVID Forbearance Period

Subchapter V Reminder – March 27, 2021 Deadline

Webinar Recording Now Available

From the National Consumer Law Center

From the Courts
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Northern and Southern Districts of Mississippi – ChapMobile app now available – To download the app, go to the Apple App Store or Google Play App Store and search for “chapmobile”
- Northern District of Georgia – Northern District of Georgia Bankruptcy Court is interested in your input in planning how to conduct hearings when it returns to normal operations post-pandemic. Please complete survey by 2/16/21.
- Eastern District of Michigan – Notice Regarding Updated System Banner – Although we only saw this notice on one court’s website, it is probably the policy for all CM/ECF users – the message: You Are Being Recorded
- Middle District of Alabama – Transitioning to NextGen 3/8/21
- Eastern District of Kentucky – Transitioning to NextGen 2/22/21
- District of Maryland – Transitioning to NextGen 5/10/21

Positions Open
- Western District of Texas – San Antonio – Application due date 2/26/21
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21

From Fannie Mae
Worth repeating: You Don’t Have to Repay the Forbearance Amount All at Once Upon Completion of Your Forbearance Plan: Get the Facts


Is 1328(i) Ultimately Terrible for Debtors?
February 8, 2021
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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 2 of 2: Thomas v. Midland Funding, LLC

Is 1328(i) Ultimately Terrible for Debtors?
Attorney Siomos focuses on how 1328(i) can hurt debtors.“The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i).”
See also:

WEBINAR RECORDING NOW AVAILABLE
On 1/29/21 ConsiderChapter13.org hosted its first webinar of the year with many to come. All webinars are free if viewed live; however, access to the webinar recordings are a benefit of subscription to ConsiderChapter13.org. Not a subscriber? Click here to join now.
The Recording of “Recent Legislation January 2021” is now available.
Join The Honorable William H. Brown (retired), and Chapter 13 Trustees Henry Hildebrand and Debra Miller in a one hour discussion regarding consumer bankruptcy implications of the Bankruptcy Administration Improvement and Consolidated Appropriations Acts, along with some thoughts on pending legislation.

Farmers In The News

New NY Judges Appointed

From the IRS
- Business Aid: For eligible employers, paid sick and family leave credits have been extended for leave taken through March 31- IRS Updates FAQs on Paid Sick Leave Credit and Family Leave Credit

From the Courts
- Northern District of Georgia – Bankruptcy Court interested in input in planning how to conduct hearings when it returns to normal operations post-pandemic. Please complete survey by 2/16/21.
- District of Maryland – Transitioning to NextGen 5/10/21
- District of Oregon – On February 1, the court will implement a new calendar program (CHAP) that will affect how hearings are scheduled
- Eastern District of Michigan – Notice Regarding Updated System Banner – Although we only saw this notice on one court’s website, it is probably the policy for all CM/ECF users – the message: You Are Being Recorded
- Middle District of North Carolina – Standing Order re Ch 13 Notices Rule 2002(h)
- District of Nevada – Administrative Order 2021-01 – Order Adopting Chapter 13 Presumptive Attorney’s Fees Guidelines
- Middle District of Alabama – Transitioning to NextGen 3/8/21
- Eastern District of Kentucky – Transitioning to NextGen 2/22/21

Positions Open
Judgeship Positions
- Western District of Texas – San Antonio – Application due date 2/26/21
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
Chapter 13 Standing Trustee
- District of South Carolina, Columbia Division – Application due date 2/19/21

On the CFPB
- Struggling During the Pandemic? COVID-19 Financial Relief and Protections Extended (Not a great title – this article spells out all the deadlines as of 2/1/21 – i.e. no payment on federally backed student loans until 10/1/21; evictions for renters stayed until 4/1/21; FHA or USDA backed loans 4/1/21; etc.
- Acting Director David Uejio Issues Warning: CFPB Will Take Aggressive Action with Regard to COVID-19



Student Loan Chronicles
- Biden Supports Cancelling Student Debt, Expresses Openness to Executive Action
(There are lots of articles out there on this topic – bottom line seems to be two proposals: (1) $10k per borrower forgiven if via executive order; (2) $50k per borrower forgiven if via law (a/ka/ the ever looming “Act of Congress”).)

Sanctions and Irony and Fraud, Oh My!
- WA Launches Investigation Into 200,000 Missing Cows at Center of Easterday Bankruptcy, Legal Fight (headline pretty much says it all – couldn’t resist running a story on 200,000 missing cows!!!)

Legal Aid and Who Are Our Chapter 13 “Customers”
February 1, 2021
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Paying the Car Loan Directly vs. Through the Plan: Till Debt Us Do Part?

Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

City of Chicago v. Fulton And the Turnover Conundrum
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)Click here for the Opinion

Legal Aid and Who Are Our Chapter 13 “Customers”
DON’T SKIP THIS ONE JUST BECAUSE YOU THINK YOU KNOW WHO OUR CLIENTELE IS!“I would argue that for the Debtors living in poverty, Trustees need to take a more panoramic approach and be mindful of the issues impacting individuals in extreme poverty. On the face of the petition and schedules, it may certainly appear some Debtors are making bad choices.”Additional recommended reading:

From the Courts
- District of Oregon – On February 1, the court will implement a new calendar program (CHAP) that will affect how hearings are scheduled
- Eastern District of Michigan – Notice Regarding Updated System Banner – Although we only saw this notice on one court’s website, it is probably the policy for all CM/ECF users – the message: You Are Being Recorded
- Middle District of North Carolina – Standing Order re Ch 13 Notices Rule 2002(h)
- Northern District of Georgia – Public Notice Regarding Reassignment of Judge Homer Drake Cases
- Middle District of North Carolina – Sandy Davis is Judge Aron’s new Courtroom Contact – her number is 336-358-4028
- District of Nevada – Administrative Order 2021-01 – Order Adopting Chapter 13
Middle District of Alabama – Transitioning to NexGen 3/8/21 - Eastern District of Kentucky – Transitioning to NextGen 2/22/21

Positions Open
Judgeship Positions
- Western District of Texas – San Antonio – Application due date 2/26/21
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
Chapter 13 Standing Trustee
- District of South Carolina, Columbia Division – Application due date 2/19/21
- Northern District of Illinois, Eastern Division – Application due date 2/5/21

On the CFPB
- Supervisory Highlights COVID-19 Prioritized Assessments Special Edition – This 28-paged Special Edition inform of observations in its prioritized assessment supervisory work conducted last year after the sudden onset of the COVID-19 pandemic – focused on assessing risks to consumers resulting from the pandemic.


Sanctions and Irony and Fraud, Oh My!
- Calabasas Real Estate Developer Indicted for Bankruptcy Fraud – Mark Handel was indicted for fraud, money laundering, and falsely testifying under oath.
- Judge Wants Payday Loan Firm to Pay $132.5M to Victims (same case as above)

Delinquent Utilities and Disconnection Under New Bankruptcy Provision
January 25, 2021
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“If the creditor is likely to lose the turnover action, it would make more sense from a cost-benefit analysis simply to turn over the property as soon as possible, without requiring a formal turnover action.”

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

In The Staff Department
I Feel A Change Coming On (Song by Bob Dylan, 1964)
This week we launch the first in a new, ongoing series of articles directed to staff – particularly staff of trustees’ offices but many of the lessons conveyed will transfer to support staff of any office type.
“Every Trusteeship has encountered unexpected change during the past year.”

Meet a Newish Trustee

From the Courts
- District of Nevada – Administrative Order 2021-01 – Order Adopting Chapter 13 Presumptive Attorney’s Fees Guidelines
Middle District of Alabama – Transitioning to NexGen 3/8/21 - Eastern District of Kentucky – Transitioning to NextGen 2/22/21
- Middle District of Alabama – New 11 U.S.C. 1328(i) Discharges new local form, not a 9007 motion.
- District of Minnesota – Congratulations to recipients of the Judge Nancy C. Dreher Pro Bono Distinguished Service Award: Attorneys Peter Greenlee, Yvonne Michaud Novak and Dennis Ryan
- Southern District of Mississippi – Bankruptcy filings for 2020 down 31.5% over prior year

Positions Open
Judgeship Positions
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Eastern District of Tennessee – Application deadline extended to 1/29/21
Chapter 13 Standing Trustee
- District of South Carolina, Columbia Division – Application due date 2/19/21
- Northern District of Illinois, Eastern Division – Application due date 2/5/21

On the CFPB
- FTC Commissioner Rohit Chopra to be Named CFPB Director – A Strong Consumer Advocate and Aggressive Law Enforcer

For Your Blog
Congress Approves $25 Billion in Rental Assistance. Here’s How to Apply

Sanctions and Irony and Fraud, Oh My!

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis
January 18, 2021
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SCOTUS Decision: Section 362(a)(3) Is Not Violated by Retention of Repossessed Propert

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part VII
Click here for Part II
Click here for Part III
Click here for Part IV
Click here for Part V
Click here for Part VI

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

1/12/21 – Bankruptcy Administration Improvement Act Signed Into Law
Bill modifies administrative provisions related to the bankruptcy trustee system. Specifically: (1) provides for the distribution of bankruptcy fees made to the U.S. Trustee System Fund for the costs of administering payments and trustee compensation, (2) establishes the Chapter 7 Trustee Fund and associated fees, and (3) extends the temporary office of bankruptcy judges in specified judicial districts.

From the Courts
- Eastern District of Kentucky – Transitioning to NextGen 2/22/21
- Western District of Kentucky – Welcome new judge – Honorable Charles R. Merrill
- Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis

From the IRS
- Recovery Rebate Credit – No Double Dipping – this credit is ONLY for folks who did NOT receive their stimulus payments ($1,200 and $600)

Positions Open
Judgeship Positions
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Eastern District of Tennessee – Application deadline extended to 1/29/21
Chapter 13 Standing Trustee
- Northern District of Illinois, Eastern Division – Application due date 2/5/21

Student Loan Chronicles
Biden to Extend Pause on Federal Student Loan Payments

For Your Blog
- Congress Approves $25 Billion in Rental Assistance. Here’s How to Apply
- Notice: If You Are a Former Member of Members 1st Federal Credit Union Who Was Charged Overdraft Fees between March 29, 2015 and January 14, 2019, and who had closed their accounts prior to January 14, 2019, You May Be Eligible For Benefits Under a Class Action Settlement.

From the Judiciary
ChapMobile App Not Working as of 1/15/21

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020
January 11, 2021
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Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020
Judge Brown looks at the “Stimulus Bill”
“Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under section 6428 of the Internal Revenue Code.” . . . Section 1001 also amends Bankruptcy Code § 1328 to add subsection (i)(1), . . .”

Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021


Legal Aid and Who Are Our Chapter 13 “Customers”

Passing of Judge Bernstein
“Intellectually curious and committed to helping develop a generation of excellent attorneys, Bernstein continued to teach while building his own career, including courses at the University of Toledo, Wayne State and the University of Detroit law schools.”

From the Courts
- Western District of Kentucky – Welcome new judge – Honorable Charles R. Merrill
- Northern District of Georgia – Public Notice Regarding Virtual Celebration for the Retiring Hon. W. Homer Drake, Jr.
- Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
- District of Arizona – Changes to Courtroom Deputy Assignments
- District of Nevada – Effective 1/1/21, updated Mortgage Modification Program is in effect.


Positions Open
Judgeship Positions
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
Chapter 13 Standing Trustee
- Northern District of Illinois, Eastern Division – Application due date 2/5/21

From the CFPB
- CFPB/Santander Consent Order (previously reported agreement)


Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases
January 4, 2021
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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

Chapter 13 Discharge Expanded by COVID Relief Legislation

From the Courts
- Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
- District of Arizona – Changes to Courtroom Deputy Assignments
- Northern District of Illinois – Congratulations to Elizabeth Peterson, the David S. Yen Bankruptcy Help Desk Volunteer of the Year
- Middle District of Florida, Fort Myers Division – In order to align the Court’s case numbering system with that of the District Court, effective January 1, 2021, the “location code” for cases filed in the Fort Myers Division will be changed from “9” to “2” – attorneys should use the “2” location code in all filings in Fort Myers Division cases.
- District of Nevada – Effective 1/1/21, updated Mortgage Modification Program is in effect.
- District of Nevada – Chapter 13 Presumptive Fees – Request for Public Comment
- District of South Carolina – 2020 South Carolina Bankruptcy Law Association Awards

Consumer Attorneys Work and Fee Survey
Your assistance is requested.This is the 21st year that Ron Burdge has undertaken the herculean task of surveying consumer attorneys about their work and fees. The last published Consumer Bankruptcy Survey Report was 371 pages of detailed city and state data, that breaks down the fees that different courts allow and that attorneys charge for the various aspects of consumer rights and bankruptcy cases. There has never been any charge for the survey reports that are published and generously posted online for everyone’s use.Previous reports have been used in Courts nationwide to award more than thirty million dollars in attorney fees to consumer advocates all over the country, including consumer bankruptcy attorneys. State and Federal Courts routinely rely on this report in awarding hourly fees in consumer cases. (If they aren’t using this report in your cases, you should be using it as evidence!) It is one of the primary resources that has been used to increase presumptive fees set by bankruptcy courts in Chapter 13 cases and also invaluable for attorneys in setting their fees for Chapter 7 cases.
The more people that participate the more accurate and useful the data becomes, so please feel free to share this with your local listservs and Google groups.
Go to www.AttorneyFeeStudy.com to fill out the online questionnaire. The survey does not obtain any personal information and there is no charge to participate and no charge for obtaining the published survey results.

CARES Act FFCRA Tax Credit Extended
Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

State-By-State Guide to Litigation Financing Disclosure

Positions Open
Judgeship Positions
- Eastern District of Michigan – Application due date 1/8/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21

On the CFPB
- You need to glance at this one. Our guess is that Debtor Attys will see debts from these cards in the future. . . . CFPB Issues Approval Order to Facilitate the Use of Dual Usage Credit Cards “The card is designed for consumers with a limited or damaged credit history as a tool that can be used to establish or reestablish a favorable credit history. Synchrony intends to offer a lower rate on secured use with the opportunity for eligible accountholders to graduate to unsecured use after 12 months.”
