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August 13, 2018
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Archives |
Ask Ms. Ps & Qs
No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2
New Study
Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society
- Older Americans’ Rising Bankruptcy Filings
- ‘Too Little Too Late’: Bankruptcy Booms Among Older Americans
- Growing Number of Americans Over 65 Filing for Bankruptcy Just to Get By, and It Could Signal a Larger Problem in US
- Baby Boomers in Bankruptcy
- Retirees Struggle to Locate Billions in Lost Pensions
For Your Blog
Sanctions and Irony and Fraud, Oh My!
Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes
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August 6, 2018
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Archives |
No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 1 of 2
Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes
From the IRS
IRS Offers Guidance on Recent 529 Education Savings Plan Changes
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
Critical Case Comment
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July 30, 2018
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Archives |
Critical Case Comment
From the Courts
Sanctions and Irony and Fraud, Oh My!
Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans
Without any public scrutiny, insurers and data brokers are predicting your health costs based on data about things like race, marital status, how much TV you watch, whether you pay your bills on time or even buy plus-size clothing.
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July 23, 2018
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Archives |
WINNER: Cawthon Custer of Albany and Columbus, Georgia, is the NACTT 2018 conference winner of a one-year free subscription to ConsiderChapter13.org
Congratulations Cawthon Custer!!!
Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans
Rule 3002.1 and the Tangled Web of HOA Assessments
From the IRS
Here’s How the IRS Contacts Taxpayers
Retired Bankruptcy Judge Passes Away
From Our Friends at Credit Slips
Sanctions and Irony and Fraud, Oh My!
Critical Case Comment
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July 16, 2018
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Archives |
Critical Case Comment
From the Ninth Circuit Court of Appeals
From the IRS
Veterans Owed Refunds for Overpayments Attributable to Disability Severance Payments Should File Amended Returns to Claim Tax Refunds
- $1,750 for tax years 1991 – 2005
- $2,400 for tax years 2006 – 2010
- $3,200 for tax years 2011 – 2016
District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?
On the CFPB
- CFPB Acting Director Mulvaney announced he has selected Brian Johnson, who currently serves as Principal Policy Director at the Bureau, to assume the responsibilities of Acting Deputy Director. “Brian Johnson is the first person I hired at the Bureau and has been an indispensable advisor,” said Acting Director Mulvaney. “Brian knows the Bureau like the back of his hand. He approaches his role as a public servant with humility and unsurpassed dedication. His steady character, work ethic, and commitment to free markets and consumer choice make him exactly what our country needs at this agency.”
NACTT Miami – Evaluation Time
From Our Friends at Credit Slips
In Case You Missed It . . .
Permitted Changes to Official Bankruptcy Forms
MORTGAGE MATTERS (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
CONSUMER WARNING (Not password protected)
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July 9, 2018
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Archives |
The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part IV Bankruptcy Court Interpretations
The conclusion to the Midland v. Johnson ‘epic’. . . “In Midland v. Johnson, the Supreme Court put an end to FDCPA lawsuits over proofs of claims for stale debts, at least where the claimant tells the truth about the date of last payment. Since the Midland ruling in May of 2017, there have been few decisions from bankruptcy courts on complaints under the Fair Debt Collection Practices Act (FDCPA).”
Click here for Part I
Click here for Part II
Click here for Part III
District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?
The Rules of Bankruptcy Procedure were amended last year in ways that significantly affected Chapter 13 Trustees and practitioners in many ways. In a series of articles, Beverly Burden and Larry Ahern explained many of these changes.
This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.
Permitted Changes to Official Bankruptcy Forms
The use of Official Bankruptcy Forms is required with certain exceptions, and the ability to modify Official Forms is limited. However, there are exceptions. Click here for an analysis done by the AO of permitted changes to official bankruptcy forms
See also: Director’s Forms and Their Use by Phil Lamos
NACTT Miami – Evaluation Time
IF YOU ATTENDED THE SEMINAR, we value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2019 Indianapolis Seminar. We look forward to seeing you there.
Mark Your Calendar NOW – NACTT 2019 Indianapolis – July 17-19 – Yep, WEDNESDAY – FRIDAY (Pre-mtgs will be on Tuesday the 16th)
From the Courts – Retirements
For Your Blog
- The 130 Best Military Discounts in 2018 – Active-duty service members, veterans, and retirees can save big by asking about deals and freebies.
From Our Friends at Credit Clips
Student Loan Chronicles
- Sixth Circuit Opinion: Follow Brunner until the Circuit Court decides to use a different standard
- Off the Salary Battlefield, Public Sector Struggles with Retention, Student Debt – As Big Law races to pay young lawyers ever-higher starting salaries, the public sector is struggling to pay enough to lawyers burdened by student debt.
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
JUST FOR FUN (Not password protected)
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July 2, 2018
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Archives |
Due to the NACTT Annual Conference, this week’s update will be brief and primarily a ‘Greatest Hits’ edition.
Impact of Supreme Court’s Decision on § 523(a)(2)(B)
Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons
Sanctions and Irony and Fraud, Oh My!
From Our Friends at Credit Slips
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 25, 2018
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Archives |
The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part III Does the Bankruptcy Code Implicitly Repeal the FDCPA?
Click here
for Part I
Click here for Part II
Impact of Supreme Court’s Decision on § 523(a)(2)(B)
The Real Truth About Communication Between Bankruptcy Lawyers & Clients
Sanctions and Irony and Fraud, Oh My!
Student Loan Chronicles
In Case You Missed It . . .
The Death of MFDRA
“IRS’s Publication 4681 is a very helpful tool to explore the different ways taxpayers can exclude mortgage indebtedness and other types of 1099 forgiveness.”MORTGAGE MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 18, 2018
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FDCPA and Bankruptcy: One Year After Midland v. Johnson Part II
“Now, one year after Midland v. Johnson, this multi-part article will seek an understanding of what that decision tells us about the future of FDCPA litigation in bankruptcy cases.”Click here for Part I
* * * * * *
IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.
Attorney Leffler, along with an esteemed panel will discuss Remedies When Proof of Claim Compliance Fails.
And here’s another Miami “Of Interest” article:
The Death of MFDRA
“IRS’s Publication 4681 is a very helpful tool to explore the different ways taxpayers can exclude mortgage indebtedness and other types of 1099 forgiveness.”
Credit Cards in the News
- Americans Just Paid Off a Ton of Credit-Card Debt – But here’s the bad news
Sanctions and Irony and Fraud, Oh My!
- Paralegal Embezzled $900,000 From Connecticut Firm and Attorney, According to Prosecutors
- See also: Ask Ms. Ps & Qs May 13th, 2018
- $280M Settlement Reached with Ezra Merkin in Madoff Case – Nearly $13 billion, or 74 percent of the estimated $17.5 billion invested in Bernard Madoff’s Ponzi scheme, has been recovered, one official said.
- Debt Collector Accused of Scamming Credit Unions Loses Appeal – Charles V. Stanley remains in jail after allegedly committing more debt collection crimes while out on bail.
For Your Blog
- Worried About Cuts to Social Security? Here’s the bible on navigating this retirement benefit.
Student Loan Chronicles
From Our Friends at Credit Slips on the CFPB
On the CFPB
DannLaw Launches “Scoundrels, Scams and Cheats” Database to Ensure Public Access to CFPB Consumer Complaint Reports“ . . . , the head of the Consumer Financial Protection Bureau told a group . . . that he would soon hide the Bureau’s consumer complaint database from the American people and the media. . . . Marc Dann outlined his law firm’s plan . . . . “I am pleased to announce that DannLaw has downloaded all the information in the CFPB database and uploaded it into one that will remain accessible to the public and the media once Mulvaney carries out his threat,”
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IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.
Experts Ryan Williams, John Rao, and Micheal Freeman will discuss What’s Left of Consumer Protection
In Case You Missed It . . .
Social Security and Chapter 13 – Can’t We All Just Get Along?
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 11, 2018
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Welcome New Members: Clifford Gramer, Albuquerque, NM
FDCPA and Bankruptcy: One Year After Midland v. Johnson
“Now, one year after Midland v. Johnson, this multi-part article will seek an understanding of what that decision tells us about the future of FDCPA litigation in bankruptcy cases.”
* * * * * *
IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.
Attorney Leffler, along with an esteemed panel, will discuss Remedies When Proof of Claim Compliance Fails.
Social Security and Chapter 13 – Can’t We All Just Get Along?
When Does the Statute of Limitations Commence
Sanctions and Irony and Fraud, Oh My!
- SoCal Lawyer Facing Fraud Case Sentencing Files for Bankruptcy – Bruce Haglund, awaiting sentencing on charges that he helped perpetrate a $5 million Ponzi scheme, filed for Chapter 7
Student Loan Chronicles
- Court Considers Questions on Loan Forgiveness for Defrauded Students – Student borrowers argue the education secretary must follow previous policy to grant full loan relief to former Corinthian Colleges students.
- Student Loan Debt Just Hit $1.5 Trillion – Women hold most of it
- Financial Aid Letters Often Hide Real Cost of College – See if you can decipher these actual letters.
- Women Have $890 Billion in Student Loan Debt – Country’s Biggest Share
From SCOTUS
On the CFPB
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IT’S NOT TOO LATE TO MAKE YOUR PLANS TO ATTEND THE NACTT ANNUAL CONFERENCE IN MIAMI.
Experts Ryan Williams, John Rao, and Micheal Freeman will discuss What’s Left of Consumer Protection
In Case You Missed It . . .
The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections, Revisited: Lee v. Field
Recent decisions of the Eleventh and Ninth Circuits have prompted us to ask the meaning of the word “objections” as they may be required by the Code or Rules.In an earlier, two-part comment, Larry Ahern reviewed the opinion of the Eleventh Circuit in Title Max v. Northington, and some consequences of that decision, which may not have been intended by the majority.This week, he joins Judge Brown in a look at the more recent Ninth Circuit opinion in Lee v. Field.This is part of a series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved. If you have suggestions for future analyses, please send them to Mr. Ahern.Click here for We Don’t Need No Stinkin’ Objections Part 1Click here for We Don’t Need No Stinkin’ Objections Part 2
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
BY THE NUMBERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 4, 2018
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Archives |
Welcome New Members: Sheldon Singer, Kansas City, MO; Michael M. Custer, Albany, GA; and Carol Cross Stone, Longview, TX
The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections, Revisited: Lee v. Field
Recent decisions of the Eleventh and Ninth Circuits have prompted us to ask the meaning of the word “objections” as they may be required by the Code or Rules.In an earlier, two-part comment, Larry Ahern reviewed the opinion of the Eleventh Circuit in Title Max v. Northington, and some consequences of that decision, which may not have been intended by the majority.This week, he joins Judge Brown in a look at the more recent Ninth Circuit opinion in Lee v. Field.This is part of a series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved. If you have suggestions for future analyses, please send them to Mr. Ahern.Click here for We Don’t Need No Stinkin’ Objections Part 1Click here for We Don’t Need No Stinkin’ Objections Part 2
Warning: The “Grant Scam” Is Real
From the IRS
Law Change Affects Moving, Mileage and Travel Expenses; Higher Depreciation Limits
- No deduction for moving expenses
- No miscellaneous deductions for un-reimbursed employee expenses (uniforms, union dues and the deduction for business-related meals, entertainment and travel)
- 54.5 cents for every mile of business travel driven, a 1 cent increase from 2017
- 18 cents per mile driven for medical purposes, a 1 cent increase from 2017
- 14 cents per mile driven in service of charitable organizations, which is set by statute and remains unchanged
- Depreciation maximum standard automobile cost may not exceed $50,000 for passenger automobiles, trucks and vans placed in service after Dec. 31, 2017. Previously, the maximum standard automobile cost was $27,300 for passenger automobiles and $31,000 for trucks and vans
From Our Friends at Credit Slips
OCC Payday Lending Bulletin
Student Loan Chronicles
There’s Always a Car
$523 Monthly Payment is New Standard for Car Buyers
Malware is Bad
More Criminalization of Private Debt
In Case You Missed It . . .
Critical Case Comment
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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May 28, 2018
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Archives |
In memory of the men and women who gave their lives for our Country, there will be no weekly update.
If you are looking for something to read, we recommend scrolling back through previous updates (below) and catch up on anything you might have missed.
Some suggestions include:
- The Gig Economy – Classifying Independent Contractors
- IRS Caught Double Dipping
- Crushing Tax Change For Injured Consumers
- We Don’t Need No Stinkin’ Objections
- We Don’t Need No Stinkin’ Objections Part 2 of 2
- Critical Case Comment – An attorney violates § 526(a)(4) if the attorney instructs a client to pay the bankruptcy related legal fees using a credit card.“It is without question that the complexities of the bankruptcy system . . .requires some sophistication and, . . . the assistance of a professional. To preclude any realistic way to pay these fees and costs is ridiculous.”
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May 21, 2018
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Archives |
Critical Case Comment
From the Editor
- Dismissal – Employer’s housing loan was not consumer debt for purposes of § 707b)(1)
- Reopening Closed Case – Cause did not exist to reopen case to allow extension to file certificate of financial management course
- Trustee’s Attorney Fees – Fees properly denied for services not necessary to case administration
From the IRS
Tax Reform: Changes to Depreciation Affect Businesses Now
From Our Friends at Credit Slips
Illegal Repo Practices
Sanctions and Irony and Fraud, Oh My!
- Tom Petters Trustee Alleges Bogus Multimillion Dollar Claim – Bankruptcy judge will decide if the claim of up to $100 million is valid
NCLC Seeks Nominations for Vern Countryman Award 2018
From the National Consumer Bankruptcy Rights Center
In Case You Missed It . . .
Ask Ms. Ps & Qs
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
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May 14, 2018
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Archives |
Ask Ms. Ps & Qs
The Gig Economy – Classifying Independent Contractors
Register NOW for This Friday’s Webinar:
Periodic Mortgage Statements – What You Need to Know
Discussion topics will include, not only the new mortgage statements (rule effective April 19th), but also new RESPA party in interest issues, pointers as to what to do when the statements bear no resemblance to the trustee’s records, and reasons for mortgage coding. This webinar is advanced level and directed specifically toward Trustees and Trustees’ staff; however, mortgage creditors/servicers and debtor attorneys will also benefit from this presentation.
PHH Gives Up Challenge to CFPB Constitutionality – Will not pursue case to Supreme Court
NCLC Seeks Nominations for Vern Countryman Award 2018
Student Loan Chronicles
- Alexandrov & Jiménez Article Finds 2005 Bankruptcy Reforms “Failed Miserably” to Help Students
- Click here for study
- Student Debt Just Hit $1.5 Trillion – It stood at about $600 billion 10 years ago
- Federal Student Loans Are About to Get More Expensive – What you need to know
- The Truth About Student Loan Bankruptcy Discharge – It can be difficult to discharge a student loan by declaring bankruptcy, but it’s not impossible.
From the National Consumer Bankruptcy Rights Center
For Your Blog
- Tips for Taxpayers Who Missed the April Filing Deadline – Great, quick tips to assist your clients who have procrastinated and are now scared to file their return
In Case You Missed It . . .
Should the Stay Stay or Should It Go: Successive Filings and the Termination of the Automatic Stay
“The complexity is multiplied by a split of authority in the case law about what actually happens when the automatic stay is terminated under §362(c)(3).”IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
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May 7, 2018
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Should the Stay Stay or Should It Go: Successive Filings and the Termination of the Automatic Stay
“The complexity is multiplied by a split of authority in the case law about what actually happens when the automatic stay is terminated under §362(c)(3).”Recent Developments in Chapter 12: Summary of December 1, 2017 Rules Changes – Part 2
Meet the New GA Judge
NCLC Seeks Nominations for Vern Countryman Award 2018
Position Openings
Judge: Sage Sigler
United States Bankruptcy Court, Atlanta, GA
Applications Due Date: May 31, 2018U.S. Bankruptcy Judge
Eastern District of Michigan
Application Due Date: May 31, 2018Chapter 7 Trusteeship
Eastern District of Virginia, Norfolk and Newport News Divisions
Application Due Date: May 11, 2018
Disbarment and Back: Attorney James Brewer’s Road From Despair
Sanctions and Irony and Fraud, Oh My!
Retired U.S. Bankruptcy Judge Dies in Little Rock at 80
For Your Blog
From the U.S. Courts
In Case You Missed It . . .
Student Loans and Chapter 13 – Federal Student Loan Debt in Bankruptcy: Recent Movement Towards Income-Driven Repayment Plans in Chapter 13
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
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April 30, 2018
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Archives |
Critical Case Comment
Student Loans and Chapter 13 – Federal Student Loan Debt in Bankruptcy: Recent Movement Towards Income-Driven Repayment Plans in Chapter 13
Sanctions and Irony and Fraud, Oh My! A Feature Article
It’s NOT Your Money
Position Openings
Judge: Sage Sigler
United States Bankruptcy Court, Atlanta, GA
Applications Due Date: May 31, 2018U.S. Bankruptcy Judge
Eastern District of Michigan
Western District of Wisconsin
Application Due Date: May 8, 2018Two Openings for Chapter 7 Trusteeships
Eastern District of Virginia, Norfolk and Newport News Divisions
Application Due Date: May 11, 2018
The road to redemption is long and bumpy but can be accomplished. Congratulations Attorney Brewer
Disbarment and Back: Attorney James Brewer’s Road From Despair
For Your Blog
IRS Warns of New Twist on Phone Scam
In Case You Missed It . . .
Ask Ms. Ps & Qs
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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April 23, 2018
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Archives |
Ask Ms. Ps & Qs
Sanctions and Irony and Fraud, Oh My! A Feature Article
It Makes No Sense to Act Ugly to the People Charged with Your Safety
The Bankruptcy Court for the Eastern District of VA, imposed sanctions against a veteran attorney by barring him from practicing law before that court for six months. He is also banned from even entering the Courthouse.
Click here for Memorandum Opinion
SCOTUS Blog
Argument Analysis: When Neither Baseball Nor Vermeer Analogies Persuade Court
“This case is about whether a debtor’s false statement about a single asset can be a statement ‘respecting the debtor’s … financial condition.’”
From mediatbankry.com
Appeal Deadline in Consolidated Bankruptcy Cases: Supreme Court Adopts Minority View (Hall v. Hall)
From Our Friends at NCBRC
Credit Cards and Signatures
A continuation of last week’s links regarding signatures . . . From our friends at Credit Slips . . .
There’s Always a Car
Senate Repeals Auto-Loan Guidance in Precedent-Shattering Vote
In Case You Missed It . . .
Critical Case Comment
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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April 16, 2018
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Archives |
Welcome New Members: Bradley Tamm, Honolulu, HI, and Pamela Stewart, Houston, TX
Critical Case Comment
Recent Developments in Chapter 12: Summary of December 1, 2017 Rules Changes – Part I
From the IRS
Combat Zone Tax Benefits Now Available to Armed Forces Members Who Served in the Sinai Peninsula; IRS Accepting Retroactive Tax Refund Claims Back to 2015
Eastern District of MichiganChapter 13 Trusteeship Opening
Southern District of Texas, Corpus Christi
Application Due Date: April 23, 2018Systems Engineer/Courtroom Technology Administrator
Bankruptcy Court, Western District of Virginia
Application Due Date: April 19, 2018Term Law Clerk
United States Bankruptcy Court, McAllen, TX
Application Due Date: Sep 1, 2018Term Law Clerk
U.S. Bankruptcy Judge Joseph Meier
Boise, ID
Application Due Date: May, 27, 2018
From the Supreme Court
Sanctions and Irony and Fraud, Oh My!
- Bernie Madoff’s Beachfront Mansion Is Selling for $21 Million– Currently owned by Vornado chairman Steven Roth
From Our Friends at NCBRC
Credit Cards and Signatures
For Your Blog
Just For Fun
In Case You Missed It . . .
Don’t Skimp on Service When Your Client’s House Is on the Line
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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April 9, 2018
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Archives |
Welcome New Members: Michael Graml of Erie, PA, and Lawrence Young of York, PA.
Don’t Skimp on Service When Your Client’s House Is on the Line
Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 3 of 3
Click here for Part 2 of 3New This Week: ProPublica’s ‘Too Broke for Bankruptcy’ Wins ASNE Award – The series showed that the bankruptcy system routinely fails those it is meant to aid.
Eastern District of MichiganChapter 13 Trusteeship Opening
Southern District of Texas, Corpus Christi
Application Due Date: April 23, 2018Systems Engineer/Courtroom Technology Administrator
Bankruptcy Court, Western District of Virginia
Application Due Date: April 19, 2018Term Law Clerk
United States Bankruptcy Court, McAllen, TX
Application Due Date: Sep 1, 2018Term Law Clerk
U.S. Bankruptcy Judge Joseph Meier
Boise, ID
Application Due Date: May, 27, 2018Chapter 7 Trusteeship Opening
Middle District of Georgia, Albany Division
Application Due Date: April 16, 2018
There’s Always a Car
- The 0% Auto Loan Era Is Fading into America’s Rearview Mirror – Average rate has risen to highest since 2009, Edmunds says
Sanctions and Irony and Fraud, Oh My!
From Our Friends at NCBRC
From the CFPB
- Mortgage Servicing FAQs – The questions and answers pertain to compliance with Regulation X and Regulation Z, effective April 19, 2018.
Student Loan Chronicles
- How You Can Requalify for Public Service Loan Forgiveness – Student loan borrowers may have another shot at loan forgiveness thanks to a new law.
For Your Blog
- Midlife ‘Wealth Shock’ May Lead To Death, Study Suggests – Big financial loss may shorten your life, study suggests
In Case You Missed It . . .
IRS Claims in Cases Converted from Chapter 7 to Chapter 13 – Technically Not Allowed? (Spoiler: They Are Allowed)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
Debt And The Economy (Not password protected)
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April 2, 2018
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If you haven’t registered for NACTT Miami yet, why not?
Think it’s too hot? After the winter we’ve had, SUNSHINE sounds awesome.
Think the discounted deadline has passed? Think again . . . DISCOUNTED REGISTRATION EXTENDED THROUGH THIS FRIDAY (April 6th)
Think it’s too expensive? Think again . . .
Miami Cheap – Suggestions for Your Per Diem Dining Pleasure
IRS Claims in Cases Converted from Chapter 7 to Chapter 13 – Technically Not Allowed? (Spoiler: They Are Allowed)
Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 2 of 3
Position Openings
Southern District of Texas, Corpus Christi
Application Due Date: April 23, 2018
Bankruptcy Court, Western District of Virginia
Application Due Date: April 19, 2018
Term Law Clerk
United States Bankruptcy Court, McAllen, TX
Application Due Date: Sep 1, 2018
Chapter 7 Trusteeship Opening
Middle District of Georgia, Albany Division
Application Due Date: April 16, 2018
Sanctions and Irony and Fraud, Oh My!
- Portland-Area Man Wins Reported Seven-Figure Whistleblower Settlement from Wells Fargo Formerly enslaved by the Khmer Rouge, Duke Tran lived the American dream until a big bank fired him.
- Personal Injury Attorney Reprimanded for Punching Man in Face (not bankruptcy related but a great headline)
- Lawyer Sanctioned $50K For Alleged ‘Inappropriate Diatribes’ And ‘Unhinged Attack’ On Expert (not bankruptcy related)
From the CFPB
- Mortgage Servicing FAQs – The questions and answers pertain to compliance with Regulation X and Regulation Z, effective April 19, 2018.
- RFIs – Each week since the end of January, the CFPB has (and will continue to) issued RFIs (Request for Information). ConsiderChapter13.org has not spotlighted these RFIs; however, if you are interested click here and scroll down for a listing of the RFI’s.
Student Loan Chronicles
- (This one is important) Consumer Bankruptcy Committee Issues Observations and Recommendations Re: Student Loans
For Your Blog
- Step-by-Step Instructions for Using the IRS Withholding Calculator – The IRS encourages everyone to use the Withholding Calculator to perform a quick “paycheck checkup.” This is even more important this year because of recent tax law changes.
In Case You Missed It . . .
ABI Commission on Student Loans
MORTGAGE MATTERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 26, 2018
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Archives |
Shout Out to the folks in Hot’lanta. The Academy is just back from the Southeastern Bankruptcy Law Institute. SBLI is a great regional conference with super fun attendees. ALEXA MARTINI from the Sellers Law Firm, LLC is the winner of a free subscription to ConsiderChapter13.org.
The Academy welcomes new members Vance Truman of Medina, OH; Dean Sutton of New Jersey; and Louise Harrell of Jackson, MS.
Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 1 of 3
Back in September, ProPublica published two articles discussing racial patterns in bankruptcy filings. Their analysis considered statistics from across the country, but they focused on one judicial district in particular: the Western District of Tennessee. In this three part series, Law Clerk Ricky Hutchens examines, point by point, the reporters conclusions.
“Beyond all the legal and strategic reasons to choose Chapter 13 over Chapter 7, there is the debtor himself. Debtors are, after all, people.”
Crushing Tax Change For Injured Consumers
(Used with permission, originally published by BankruptcyMastery.com 2018)
“ . . . the vast bulk of all other legal recoveries ARE taxable under IRS Section 104. However, in the past, one could deduct the costs to obtain the award under the miscellaneous expense deduction.” But no more.
From Our Friends at Credit Slips
- Stormy Daniel’s Three-Way (Contract) & Donald Trump’s Performance Problem (Sorry folks, couldn’t resist this title)
Morgan King Live Event – San Francisco – May 4-6
Discharging IRS & State Taxes in Consumer & Small Business Cases
REGISTER NOW
In partnership with The Academy, Morgan King is offering a $200 discount to Academy members.
Please email Regina for the discount code. Register now to receive the conference hotel rate at the Marriott at Fisherman’s Wharf.
Varying Views of the Same Issue
- How Often Do Medical Problems Lead to Bankruptcy? Poor health is a less common cause of bankruptcy than commonly thought, but it brings other economic woes, study finds.
- Getting Sick Can Be Really Expensive, Even for the Insured – Beyond medical costs, a trip to the hospital can mean a permanent reduction in income for many Americans, new research shows
- February 2018 Study: American Economic Association: The Economic Consequences of Hospital Admissions
- June 2017 Study: The Economic Consequences of Hospital Admissions
Student Loan Chronicles
- (This one is important) Consumer Bankruptcy Committee Issues Observations and Recommendations Re: Student Loans
For Your Blog
In Case You Missed It . . .
CFPB Issues Final Rule Amendment Regarding Timing for Transition to Modified or Unmodified Periodic Statements
MORTGAGE MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 19, 2018
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Archives |
Section 105 and Lack of Good Faith
CFPB Issues Final Rule Amendment Regarding Timing for Transition to Modified or Unmodified Periodic Statements
We are pleased to provide of synopsis of this final rule.
Click here for Press Release (Not password protected)
Click here for Final Rule Effective Date April 19, 2018 (Not password protected)
Morgan King Live Event – San Francisco – May 4-6
Discharging IRS & State Taxes in Consumer & Small Business Cases
Some of What You Will Learn:
- Which transcripts to get, understanding tax transcripts, transcript red flags
- What is a “tax return”?
- Tax evasion & fraud
- How to interview the clientand communicate with the IRS
- The problems of using automated online tax discharge analysis
- Marketing & building your tax solution practice
- Stripping tax liens
- Litigating tax issues in bankruptcy court
- Non-bankruptcy solutions (OIC, CDPA)
In partnership with The Academy, Morgan King is offering a $200 discount to Academy members.
Please email Regina for the discount code. Register now to receive the conference hotel rate at the Marriott at Fisherman’s Wharf.
From the Academy Archives
Planning for Attorney Disability or Death
Back in ‘09, now retired Judge Pat E. Morgenstern-Clarren (N.D. Ohio) brought Academy members a great reminder that the only certainty in life is that there are no certainties.This article on planning for your future is still just as relevant today.
Do you have a plan for your practice if you become disabled? What will happen to your clients if you suddenly pass away?
TAKE THE TIME NOW – MAKE A PLAN.
From the U.S. Courts
U.S. Bankruptcy Courts – Judicial Business 2017
Women’s History Month
Senior Judge Carolyn Dimmick (U.S. District Court, W.D. of WA) earned her law degree in 1957 when female lawyers and their opportunities were rare.In honor of Women’s History Month, a new video profile explores the highlights and challenges of Judge Dimmick’s groundbreaking and highly distinguished career.
From the U.S. Courts
Academy Members Inducted into American College of Bankruptcy – Congratulations to Judges Flatley and Waites
From the IRS
Student Loan Chronicles
- ‘Morally Suspect’ Way the Government Collects Student Loans – A tax credit aimed at helping working low and moderate-income Americans can be seized to repay defaulted student loans
Sanctions and Irony and Fraud, Oh My!
- Dance Moms Star Abby Lee Miller Set for Early Release from Prison… After Being Sentenced to a Year Behind Bars for Bankruptcy Fraud
For Your Blog
If you haven’t warned your readers about IRS/tax scams, please do so. This is happening in every community. Below are a few links you may be interested in sharing.
In Case You Missed It . . .
The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections Part 2 of 2
MORTGAGE MATTERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
JUST INTERESTING (Not password protected)
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March 12, 2018
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The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections Part 2 of 2
A recent decision struggles with the effect on Chapter 13 on the special protections given to “title pawn” creditors by state law. The purpose of this commentary is to analyze the case and identify some unintended consequences of the decision. In Part I, Larry Ahern reviewed the majority’s opinion. This week, in Part II, he discusses some consequences of the decision, which may not have been intended by the majority. Click here for Part 1
IRS Caught Double Dipping
Apparently, Attorney Moran’s article was an eye opener. This article has broken all previous ConsiderChapter13.org unique open records.YOU NEED TO SEE THIS ONE . . .Not an Academy member, JOIN NOW – Use the form attached and receive THREE months completely free.
If you read the article last week, be sure to check out the comments at the bottom of the page. Ms. Moran has added information regarding a related case.The Academy has also heard from Academy member Jeanne E. Hovenden of Chesterfield, Virginia, who reports catching the same issue in a case!
Let us know if you have seen this same issue.
From the CFPB
CFPB Giving Servicers “More Latitude” in Dealing with Borrowers in Bankruptcy – Issues Final Rule on Communication with Certain Borrowers
Click here for Press Release
Click here for Final Rule
Effective Date April 19, 2018
Credit Cards in the News
From the U.S. Courts
Just the Facts: Consumer Bankruptcy Filings, 2006-2017
Life in the Sweatbox
From the NCLC
The National Consumer Law Center has made some really cool info available . . . free: Consumer Protection in the States: A 50-State Evaluation of Unfair and Deceptive Practices Laws
Appendix C is a State-By-State Summary of State Unfair and Deceptive Practices Statutes
How Chicago Ticket Debt Sends Black Motorists into Bankruptcy
NEW ON THIS ISSUE THIS WEEK
- She Owed $102,158.40 in Unpaid Tickets, but She’s Not in the Story – Still, we want to tell you a little bit about her, and about some of the other people we interviewed, because they helped inform our ticket debt investigation.
- Florida Legislature Votes to Ease Payday Loan Restrictions – Florida may ease some of the restrictions now in place for so-called payday loans.
From the Supreme Court
From the IRS
Updated Withholding Calculator, Form W-4 Released; Calculator Helps Taxpayers Review Withholding Following New Tax Law
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- Wife of Mamtek’s Cole Shut Down by Judge Dow* During Court Hearing (*Judge Dow will be joining the esteemed list of speakers at the NACTT 2018 seminar in Miami!) REGISTER NOW
MORTGAGE MATTERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
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March 5, 2018
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IRS Caught Double Dipping
Special Counsel and Chapter 13 Bankruptcy
“So, you think the Bankruptcy Code does not impact your practice.”NOT PASSWORD PROTECTED. This a great resource to share with your non-bankruptcy colleagues about how the Bankruptcy Code intertwines with their area of the law.
Mullins Retires
Life in the Sweatbox
Vacant Judgeship
Big News from the Department of Education on Student Loans
Responses must be received by May 22, 2018
Click here for Comment Portal
In Case You Missed It . . .
How Different Are Millennials from Their Parents and Grandparents? TransUnion Report Decodes Millennials’ Financial Health
MORTGAGE MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 26, 2018
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The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections
How Different Are Millennials from Their Parents and Grandparents? TransUnion Report Decodes Millennials’ Financial Health
Register NOW FOR WEBINAR THIS WEDNESDAY
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
Welcome New Judge
Vacant Judgeship
Big News from the Department of Education on Student Loans
Responses must be received by May 22, 2018
Click here for Comment Portal
For Your Blog
Do your clients know about this???
- New Budget Law Includes Last-Minute Tax Relief for Millions of Homeowners. . . on their 2017 tax returns.
“Potentially the most popular one is aimed at millions of people who pay mortgage-insurance premiums on conventional, FHA and VA loans. Roughly 4.1 million owners took write-offs averaging more than $1,500 during 2015 . . . Mortgage-insurance industry officials predict that at least that many will be able claim the benefit on their 2017 tax returns — provided they learn that the deduction has been revived for the year.” [emphasis added]
Debtors’ Prison is Back
- ACLU Just Proved Courts Are Being Manipulated by Private Debt Collectors – A damning new ACLU report uncovers how the private debt collection industry uses courts to do their dirty work (very good, concise summary)
- Some U.S. Borrowers Jailed Over Civil Debts, ACLU Report Shows (same issue as above, more detail)
- Click here to see the whole study: The Criminalization of Private Debt
In Case You Missed It . . .
Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances
MORTGAGE MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
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February 19, 2018
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Archives |
Website Upgrade
The Academy has been hard at work making much needed upgrades to the infrastructure of ConsiderChapter13.orgEven if you don’t normally have to log into your account, you may have to log in today. Be sure to click the ‘Remember Me’ button and in most* circumstances you should only have to log in when your cookies are cleared or when you click the log out feature.
*Some of you have very strict firewalls which do not allow individual computers to remember logins.
If you experience problems accessing the site or in viewing individual posts, please let us know.
Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances
From the Editor
- Dismissal of Case – Debtor’s attorney’s failure to file timely appeal of dismissal was not excusable neglect
- Executory Contracts – Buy-sell agreement for stock was not executory contract
- Pawn and Tax Sale Redemption – Expiration of time for redemption did not prevent treatment of taxes in plan
Register NOW for the Academy’s Next Free Webinar
Title: In re Crawford – How Far Can a Court Go in Placing Conditions on Confirmation of a Plan?
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
Webinar Recording Now Available
The Current Loan Modification Arena
On 1/31/18 Attorney Brent Meyer moderated an excellent one-hour discussion on new and existing loan modification programs throughout the country. Experts Robert Branson and Tammy Branson updated attendees on options available to clients right now and how to navigate the loan modification application process and how to get paid! This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors. Access to webinar recordings is part of your Academy subscription. Not a member? Join NOW!
Need Help With Loan Modifications?
During The Current Loan Modification Arena webinar, the Bransons mentioned their proprietary software which makes loan modification calculations a breeze. Click here to check out how you can purchase this software. Additionally, the Bransons offer educational programs and materials to help you set up your own loan medication program. Click here for more information.
For Your Blog
Sanctions and Irony and Fraud, Oh My!
- (Same case as above) Upright Law, ‘Partners’ Sanctioned for Unauthorized Law Practice
Student Loan Chronicles
- Inside One State’s Effort to Help Borrowers Erase Student Debt in Bankruptcy – Through a program championed by the AG, the Massachusetts Bar Association is matching borrowers with pro bono lawyers
In Case You Missed It . . .
Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?
MORTGAGE MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
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February 12, 2018
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Archives |
Critical Case Comment
Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?
Register NOW for the Academy’s Next Free Webinar
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
Bitcoins . . . STILL
- Bitcoin Above $8,000 After Regulators Spare Toughest Reprisals
- See also Bitcoins and Bankruptcy By Phil Lamosfor the definition of bitcoin
Webinar Recording Now Available
The Current Loan Modification Arena
Need Help With Loan Modifications?
During The Current Loan Modification Arena webinar, the Bransons mentioned their proprietary software which makes loan modification calculations a breeze. Click here to check out how you can purchase this software. Additionally, the Bransons offer educational programs and materials to help you set up your own loan medication program. Click here for more information.
Did You Know?
- Here’s Exactly How Much Credit-Card and Student Debt Makes You Undateable – There appears to be a tipping point where debt and singledom go hand-in-hand
For Your Blog
- Ask Brianna: What If I Really, Really Need My Tax Refund? (Excellent article reiterating everything you want your clients to do!)
Sanctions and Irony and Fraud, Oh My!
In Case You Missed It . . .
Forced Vesting – Take It. Please.
“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:
- No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts (Sagendorph from 2/2017)
- From the Editor – Surrender and Vesting (Zair from 10/2016)
- Vesting Property in Disinclined Creditors (Sagendorph from 8/2015)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
CONSUMER NEWS FOR YOU (Not password protected)
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February 5, 2018
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Archives |
Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?
Forced Vesting – Take It. Please.
“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:
- No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts (Sagendorph from 2/2017)
- From the Editor – Surrender and Vesting (Zair from 10/2016)
- Vesting Property in Disinclined Creditors (Sagendorph from 8/2015)
Register NOW for the Academy’s Next Free Webinar
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.
From the IRS
How Taxpayers Across the Country Can Have their Taxes Prepared for Free
Millions get their taxes done free through two programs sponsored by the IRS. These help people with lower and moderate incomes:
- The Volunteer Income Tax Assistance: This program is also known as VITA. It offers free tax return preparation to eligible taxpayers who generally earn $54,000 or less.
- Tax Counseling for the Elderly: TCE is mainly for people age 60 or older, but offers service to all taxpayers. The program focuses on tax issues unique to seniors. AARP participates in the TCE program through AARP Tax-Aide.
From the NCLC on the CFPB
A Letter from Rich Dubois, Executive Director, NCLC
Webinar Recording Now Available
The Current Loan Modification Arena
From the IRS
Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February
Did You Know?
(Now available (on various terms) in about half of the courts.)
For Your Blog
Student Loan Chronicles
- Understand Discharge Rates for Defrauded Borrowers – Thousands are submitting borrower defense discharge claims, but only a fraction are seeing any relief.
In Case You Missed It . . .
Separate Classification and Unfair Discrimination – Co-obligors Debts
FROM THE LEGISLATURE (Not password protected)
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
MIAMI! (Not password protected)
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January 29, 2018
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Archives |
Separate Classification and Unfair Discrimination – Co-obligors Debts
From the Editor – Claims
Register NOW for the First Free Academy Webinar of 2018
When: Wednesday, January 31, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Attorney Brent Meyer will moderate a one-hour discussion on new and existing loan modification programs. Experts Robert Branson and Tammy Branson will update attendees on options available to clients . . . and there ARE options. This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.
Farmers in Crisis
- Western Wisconsin Led Nation In Farm Bankruptcies In 2017 – Ag Experts Say Low Commodity Prices, High Land Costs Have Farmers Feeling More Financial Stress
From the IRS
Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February
Sanctions and Irony and Fraud, Oh My!
In Case You Missed It . . .
“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!
MELTDOWN AND SPECTRE (Not password protected)
MORTGAGE MATTERS (Not password protected)
OF INTEREST (Not password protected)
CAR MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 22, 2018
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Archives |
Was It a Return?
“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!
From the CFPB
- Three Things Companies Hate About the CFPB’s Investigative Demands – CFPB will start soliciting comments on a host of matters—including enforcement, supervision and rule-making.
From the IRS
Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February
Finally, Some Good News. Well, for the Consumer Bankruptcy Industry
Sanctions and Irony and Fraud, Oh My!
- British Bankruptcy Kerfuffle . . .BBC Investigation Exposes High-Living Debtors Exploiting Weaknesses in Bankruptcy System
FAR BEYOND Sanctions and Irony and Fraud, Oh My!
Creepy parents who chained up kids had previously filed a Chapter 7:
In Case You Missed It . . .
Critical Case Comment
MELTDOWN AND SPECTRE (Not password protected)
MORTGAGE MATTERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
BY THE NUMBERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 15, 2018
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Critical Case Comment
From the Editor – Automatic Stay
Back by popular demand, Judge Brown is at it again. This week he brings Academy subscribers three cases, all regarding the automatic stay.
CLOSE TO HOME Sanctions and Irony and Fraud, Oh My!
Counterfeit Check Cashing Scheme Lands Newark Man in Jail for 6 Years
From the Supreme Court
A Stern Warning from the Supreme Court . . .
From the IRS EXTRA
New Mailing Address for Forms 8809 — Faxes No Longer Accepted
All Forms 8809, Application for Extension of Time to File Information Returns,filed on paper are now processed by the Internal Revenue Service Center in Ogden, Utah. These paper forms must be mailed. Faxes will not be accepted.The mailing address is:
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0209
The IRS will only grant extensions for very specific reasons. For example, records were lost in a disaster or someone responsible for filing the company’s returns has an unavoidable absence.
From the National Consumer Law Center
Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families
Finally, Some Good News. Well, for the Consumer Bankruptcy Industry
Student Loan Chronicles
- Student Loan Crisis Could Be Worse Than Originally Thought – Nearly 40% of those who entered in 2004 could default by 2023 (2023 sounds like a LONG time off . . . um, it’s only FIVE years)
Sanctions and Irony and Fraud, Oh My!
- Aspen Homeowner Sentenced to 16-Yr Prison Sentence for Predatory Lending Scheme – U.S. District Judge Kevin Castel also sentenced co-defendant Timothy Muir, an attorney, to 7 years in prison
In Case You Missed It . . .
A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints
MORTGAGE MATTERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
Get Ready, Some Medical Experts Are Predicting Worst Flu Season in History
- Medical experts are bracing for one of the worst flu seasons in history.
- The main flu strain for 2017-18 is known as the H3N2 virus, and it is more deadly than the swine flu.
- The flu is now widespread in about 46 states, reports the CDC.
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January 8, 2018
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Archives |
A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints
Why Can’t I Get My Chapter 13 Plan Confirmed? (Or Simple Keys on How I Can Satisfy the Trustee So I Can Get Paid)
In the Tech Department
- How to Protect Your PC Against the Major ‘Meltdown’ CPU Security Flaw – Everything we know so far
Credit Check Shake-Up
- US Considers Mortgage Credit Check Shake-Up – Critics complain current system is outdated and locks millions out of home ownership
For Your Blog
- Downside of Automatic 401(k) Savings: More Debt – New research finds employees auto-enrolled in retirement plans borrow more than they otherwise would have, offsetting savingsMessage to Clients: DON’T BORROW FROM YOUR 401(k)!
Student Loan Chronicles
- These Towns Will Help Pay Off Your Student Loan Debt If You Move There (May also be a good topic for your blog.)
- DeVos May Make It Harder for Students to Prove They Were Defrauded – Potential rule revisions from the Education Department would force students to meet a higher standard of evidence when seeking loan relief.
Sanctions and Irony and Fraud, Oh My!
- $119,000 Sanctions for Discharge Injunction Violations (Chapter 7 case)
In Case You Missed It . . .
Ask Ms. Ps & Qs
MORTGAGE MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
FOR YOUR HEALTH EXTRA (Not password protected)
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January 1, 2018
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Archives |
Ask Ms. Ps & Qs
Sorry Folks, There is No “Riding Through” This Town!
“ . . . Faced with these equally undesirable alternatives, clever attorneys came up with a fourth option – the ‘ride through’. This alternative, not found anywhere in the Code, could be used where Debtor was not in default under the loan agreement.”
This is one you definitely want to read!
CFPB Releases Report on State of Credit Card Market
Regarding the Supreme Court
From Our Friends at Credit Slips
For Your Blog
Sanctions and Irony and Fraud, Oh My!
- How to Get Away with Bankruptcy Fraud – Los Angeles is the nation’s hub for bankruptcy crime. Scammers prey on struggling homeowners with little fear of getting caught, because criminal enforcement of bankruptcy laws is rare.
MORTGAGE MATTERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
