July 6, 2020
Archives
sandiego2020

IT’S NACTT NATIONAL SEMINAR TIME

Same GREAT Conference – Online Format

There is still time to register!

Sessions will begin being released (via email from The Academy) THIS Thursday. All sessions will be available to watch until August 10th.

Last week we told you about Bill Rochelle’s outstanding Judges’ Roundtable.

A benefit of pre-recording is that the sessions have already been vetted – ALL are EXCELLENT.

  • Fallout of Taggart’s Test offers you almost 90 minutes of comprehensive discussion of this current issue.
  • Nancy Whaley, Russell Simon, Ed Boltz and Kristina Stanger did a fantastic job of parlaying the HAVEN Act into a session on all Recent Legislation. There is much here to learn and this panel delivers!
  • Brad Caraway and Prof. Anne Fleming’s Creating Chapter 13: Debt Relief in Birmingham, Alabama in the 1930’s was surprisingly contemporary and utterly fascinating. Prof. Fleming brings to life a typical debtor in 1930. That debtor profile is not so different from today
  • How to Evaluate Tax Returns is another session you won’t want to miss. Practical and detailed. Looks at the plethora of reasons all parties should be evaluating tax returns.

NO LATE REGISTRATION FEE SO REGISTER NOW!!

gomez

The Hanging Paragraph – Hanging on Every Word Part 4 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)
The conclusion and perhaps the most interesting section of an excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B).

Part 4 looks at the hanging paragraph’s effect on interest rates.

Click here for Part 1
Click here for Part 2
Click here for Part 3

marionalolson

Passing of an Icon

(Not password protected)
Some of you may remember Al’s poignant speech at the 2010 NACTT annual conference in Grapevine, Texas, just prior to his retirement as a Standing Chapter 13 Trustee after receiving the diagnosis of Alzheimer’s. Al was an all-around class act and gentleman. Al passed away June 26th.
courtscales

From the Courts

(Not password protected)
  • As we are seeing in most federal courthouses, the Northern District of Georgia has issued an order regarding entrance screening and face masks.
  • Flattening More Than the Curve. Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
lawbook

From Credit Slips

(Not password protected)

Seila Law v CFPB: Winners and Losers

The Supreme Court’s long-awaited decision about the CFPB’s constitutionality is out. It’s a tricky opinion to parse politically.
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Bankruptcy Court May Not Limit Debtor’s Right to Modify as Condition of Confirmation

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
irs

From the IRS

(Not password protected)

IRS Unclaimed Refunds of $1.5 Billion Waiting for Tax Year 2016 – Taxpayers face July 15 deadline

openposition

Job Posting

(Not password protected)
Judicial Vacancy – Eastern District of Wisconsin – Application deadline July 17th
ahern
IN CASE YOU MISSED IT . . .

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Serial filers are subject to § 362(c)(3), which terminates the automatic stay “with respect to the debtor.” Circuits are split over whether this also terminates the stay regarding property of the estate. SCOTUS may consider the issue.

However a new decision added another argument for limiting the scope of termination, and the opinion may have implications on whether the Supreme Court grants cert.

June 29, 2020
Archives
ahern

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Chapter 13 debtors are often frustrated by mortgage lenders who file claims and then go radio silent. One avenue of attack on such creditors is to object to the claim, alleging deficiencies in the underlying transaction. This week, Ahern analyzes recent caselaw on such tactics, especially a June 1 Ninth Circuit opinion, in which the Court of Appeals retreated from a 2015 decision that provided encouragement to such debtors.
gomez

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)
An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.This week’s section looks specifically at the hanging paragraph’s effect on interest rates.

Click here for Part 1
Click here for Part 2

cmoran

Assessing the Ailing Business Post Pandemic

By Cathy Moran, Esq. (Redwood City, CA)
Long after the human patients recover . . . , small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next.
sandiego2020

From the NACTT

(Not password protected)

NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE

Same GREAT Conference – Online Format

Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.

One of the SEVEN general attendee sessions that will be released on July 9th IS OUTSTANDING – Did The Courts Get It Right? ABI’s Bill Rochelle hosts a Judges’ Roundtable during which the Judges speak candidly about the top decisions affecting cases filed in 2020. Two hours of CLE and GREAT discussion.

REGISTER NOW!!

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Arbitration Clause Not Enforced in Discharge Violation Case

utilityshutoffs

Eviction In the News

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Agencies Are Looking for Temporary Feds to Respond to the Pandemic

irs
openposition

Job Posting

(Not password protected)
Judicial Vacancy – Eastern District of Wisconsin – Application deadline July 17th
automaticstay
IN CASE YOU MISSED IT . . .A very popular item from last week.

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

By Academy Staff
“The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, . . . Many Courts have recognized that this can create an opportunity for mischief by debtors and a hardship for creditors.”
June 22, 2020
Archives
automaticstay

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

By Academy Staff
“The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, . . . Many Courts have recognized that this can create an opportunity for mischief by debtors and a hardship for creditors.”
gomez

The Hanging Paragraph – Hanging on Every Word Part 2 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)

An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.

This week’s section looks specifically at applying the hanging paragraph.

williambrown

From the Editor – Claims

By The Honorable William Houston Brown (Retired)
sandiego2020

From the NACTT

(Not password protected)

NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE

Same GREAT Conference – Online Format

Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.

All late registration fees have been waived so REGISTER NOW!!

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
irs
openposition

Job Posting

(Not password protected)

Chapter 7 Panel Trustee Advertisements

  • Northern District of Illinois, Eastern Division – June 26 is deadline to apply

Clerk of Court

Judicial Assistant

Term Law Clerks

  • Southern District of Ohio – Term Law Clerk – August 18 closing date
utilityshutoffs

Eviction In the News

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Another Hot Off the Press Case Analysis. . . Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account.
June 15, 2020
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Another Hot Off the Press Case Analysis. . . Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account.
gomez

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)

An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.

This week’s sections include: Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) and BAPCPA Limitations on the Cramdown Provision

williambrown

From the Editor – Sanctioned Attorney

By The Honorable William Houston Brown (Retired)
Judge Brown looks at one February ruling in which an attorney was sanctioned for filing identical schedules in two cases without updating financial information.
ruark

New Judge Appointed

(Not password protected)
The United States Bankruptcy Court for the District of Maryland announced that the United States Court of Appeals for the Fourth Circuit has selected Maria Ellena Chavez-Ruark, of Marriottsville, Maryland, to fill a vacancy for United States Bankruptcy Judge in the District of Maryland. The vacancy was created by the untimely passing of Judge Wendelin I. Lipp.
uscongress

Need for Additional Judges

(Not password protected)
According to a 25-paged, June 10th letter to Congress from the Bankruptcy and COVID-19 Working Group a minimum of FIFTY additional bankruptcy judges are needed to handle the expected flood of bankruptcies.
sandiego2020

From the NACTT

(Not password protected)

NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE

Same GREAT Conference – Online Format

“This decision was disappointing for all as we were all looking forward to being in San Diego.” Mary Viegelahn, NACTT Program Chair

Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.

All late registration fees have been waived so REGISTER NOW!!

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

How to Pay for Bankruptcy When You’re Flat Broke

By Cathy Moran, Esq. (Redwood City, CA)

foryourblog“One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file.”

This piece from one of our favorite authors can be used on your blog or to educate non-bankruptcy attorneys on the benefits of Chapter 13 bankruptcy.

irs

Zoom Meetings – Part of the New Normal

(Not password protected)

Other helpful hints:

  • Use a good ol’ ethernet cable instead of wi-fi whenever possible
  • Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
  • Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
  • Make sure you client is awake before your case is called
  • Mute the ringer on your phones – cell and landline
irs

From the IRS

(Not password protected)

IRS Reminder: Deadline postponed to July 15 for those who pay estimated taxes

openposition

Job Posting

(Not password protected)

Chapter 7 Panel Trustee Advertisements

  • Southern District of Ohio, Eastern Division – June 19 is deadline to apply
  • Northern District of Illinois, Eastern Division – June 26 is deadline to apply

Clerk of Court

Judicial Assistant

Term Law Clerks

  • Western District of Pennsylvania – Term Law Clerk – July 15 closing date
  • District of Rhode Island – Term Law Clerk
  • Southern District of Ohio – Term Law Clerk – August 18 closing date
  • Western District of Louisiana – Term Law Clerk – June 30 closing date

IT Manager

debt

Farmers in the News

(Not password protected)

A Second Chance: More farms file for bankruptcy protection

ahern

IN CASE YOU MISSED IT . . .

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Chapter 13 debtors are often frustrated by mortgage lenders who file claims and then go radio silent. One avenue of attack on such creditors is to object to the claim, alleging deficiencies in the underlying transaction. This week, Ahern analyzes recent caselaw on such tactics, especially a June 1 Ninth Circuit opinion, in which the Court of Appeals retreated from a 2015 decision that provided encouragement to such debtors.
June 8, 2020
Archives
ahern

HOT OFF THE PRESS

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Chapter 13 debtors are often frustrated by mortgage lenders who file claims and then go radio silent. One avenue of attack on such creditors is to object to the claim, alleging deficiencies in the underlying transaction. This week, Ahern analyzes recent caselaw on such tactics, especially a June 1 Ninth Circuit opinion, in which the Court of Appeals retreated from a 2015 decision that provided encouragement to such debtors.
williambrown

From the Editor – Plan Modification and Discharge

By The Honorable William Houston Brown (Retired)

Judge Brown looks at two cases – one on plan modification; the other regarding discharge:

stevewalker

Who Files the Tax Returns Under SBRA

By Steven L. Walker, Esq. (San Jose, CA)
Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S.
paulbonapfel

SBRA

(Not password protected)

Update to “A Guide to the Small Business Reorganization Act of 2019″

In February, Judge Paul W. Bonapfel of the Georgia Northern Bankruptcy Court published “A Guide to the Small Business Reorganization Act of 2019.” Since then, Judge Bonapfel has updated the document and it is provided here for your review.
sandiego2020

From the NACTT

(Not password protected)

NACTT ANNUAL CONFERENCE – SAN DIEGO July 8-11, 2020

Taking into consideration our new reality, the Executive Board of the NACTT has made the decision to record all sessions planned for the onsite event. Each session will be released online on the day it is scheduled to be presented in San Diego. All sessions will be available to watch until August 10th. If you watch all sessions it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.HOWEVER, it has not yet been decided whether or not there will be an onsite seminar. The possibility remains that there may be an onsite event with a limited number of attendees.

SO, the registration form attached requires that you mark whether or not you would likely attend in person or only participate online.

All late registration fees have been waived so REGISTER NOW!!

Zoom, Zoom and More Zoom

(Not password protected)

Other helpful hints:

  • Use a good ol’ ethernet cable instead of wi-fi whenever possible
  • Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
  • Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
  • Make sure you client is awake before your case is called
  • Mute the ringer on your phones – cell and landline
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
nclc

From the National Consumer Law Center

(Not password protected)
“The National Consumer Law Center’s pursuit of economic justice is a vital part of the struggle for justice and equality. We have established a Racial Justice and Equal Economic Opportunity Initiative to ensure that issues of racial equity are front and center in our work. The Initiative addresses the profound injustices present in every type of consumer transaction: mortgages and foreclosures, auto finance, debt collection, toxic land installment contracts, student loans and for-profit schools, criminal justice debt, credit reporting and scoring, access to broadband internet, and more. To make matters worse, people, families, and communities of color are suffering the most widespread consequences of the COVID-19 pandemic and the resulting economic crisis.”
openposition

Job Posting

(Not password protected)
cfpb

From the CFPB

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
mjonathanhayes

IN CASE YOU MISSED IT . . .

Congress, It’s Time to Get Rid of That Stupid Means Test

(Reprinted with permission: https://www.dailyjournal.com/)
By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles)
“. . . I told him he could borrow my Elder Wand and use it to get Congress to make some changes in the Bankruptcy Code. He said, ‘well, the first thing is to get rid of that stupid means test.’”
June 1, 2020
Archives
sandiego2020

From the NACTT

(Not password protected)

NACTT ANNUAL CONFERENCE – SAN DIEGO July 8-11, 2020

Taking into consideration our new reality, the Executive Board of the NACTT has made the decision to record all sessions planned for the onsite event. Each session will be released online on the day it is scheduled to be presented in San Diego. All sessions will be available to watch until August 10th. If you watch all sessions it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.HOWEVER, it has not yet been decided whether or not there will be an onsite seminar. The possibility remains that there may be an onsite event with a limited number of attendees.SO, the registration form attached requires that you mark whether or not you would likely attend in person or only participate online.

All late registration fees have been waived so REGISTER NOW!!

Zoom, Zoom and More Zoom

(Not password protected)

Other helpful hints:

  • Use a good ol’ ethernet cable instead of wi-fi whenever possible
  • Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
  • Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
  • Make sure your client is awake before your case is called
mjonathanhayes

Congress, It’s Time to Get Rid of That Stupid Means Test

(Reprinted with permission: https://www.dailyjournal.com/)
By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles)
“. . . I told him he could borrow my Elder Wand and use it to get Congress to make some changes in the Bankruptcy Code. He said, ‘well, the first thing is to get rid of that stupid means test.’”
williambrown

From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)
judgeparsons
irs
nclc

From the National Consumer Law Center

(Not password protected)
openposition

Job Posting

(Not password protected)
courtscales

From the Courts

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
May 25, 2020
Archives
happymemorialday

NATIONWIDE DAY OF COMMEMORATION
MARTYRS OF THE RACE COURSE
DECORATION DAY
MEMORIAL DAY

Far More Than Cookouts and Mattress Sales

In order to give the staff of ConsiderChapter13.org the weekend off, we bring you a ‘catch up’ edition.

bledsoe

One of the most popular resources in the past few months.

The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
“Why a debtor would want to extend the plan to 7 years is understandable. . . . What may be less obvious, at least to debtors, are the potential pitfalls.”
marshabrown

Apparently, many of you were ready for a non-COVID, non-CARES Act article because Attorney Brown’s article was very popular!

Reasonable Fees and/or Questionable Attorney

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
Tired of COVID . . . so is Ms. Brown . . . so she offers us a look at a simple, yet interesting, case in which $300 became a HUGE deal.“Not only do the debtor’s attorneys have the right to seek additional compensation, the debtor, the trustee and/or the court itself has the right to question that additional compensation.”
ahern

Is a CARES Act Stimulus Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern addresses a narrow but complicated issue under the CARES Act: whether individuals’ federal stimulus payments, under the CARES Act or similar legislation, are exempt in bankruptcy.

Is an Unemployment Compensation Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Following his earlier examination of whether individuals’ federal stimulus payments are exempt, this week Larry Ahern reviews the status of unemployment compensation payments. This analysis is accompanied by an extensive survey of selected states’ rules on such payments in an Appendix.
cmoran

The Hunt for Deductible Interest – Money Too Often Left on the Table

By Cathy Moran, Esq. (Redwood City, CA)
One of the mysteries of Chapter 13 is why mortgage lenders don’t send an IRS 1098 for mortgage payments made through a plan. . . . Miss that deduction and clients leave tax money on the table.
harvard

From Harvard Law School – Bankruptcy Roundtable

By The Honorable William Houston Brown (Retired)
videotaping

From the U.S. Bankruptcy Court District of Nevada

(Not password protected)

No Recording Hearings

We are beginning to see similar orders from other courts.“Persons participating in video proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual or audio copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.”See also: Ask Ms. Ps & Qs (password protected)
forbearance

Forbearance Guidelines

(Not password protected)

Fees for Bankruptcy Notices of Forbearance – May 6, 2020 – Fannie Mae will pay services $100 per Notice of ForbearanceFANNIE LETTER – May 13, 2020

While COVID-19 payment deferral is similar to the recently announced payment deferral, we have made several enhancements to assist borrowers who have a COVID-19 related hardship.

Key differences include:

  • The borrower has experienced a financial hardship resulting from COVID-19 that impacted their ability to make their monthly mortgage loan payment, which has been resolved.
  • The mortgage loan must have been current or less than 31 days delinquent as of Mar. 1, 2020, the effective date of the National Emergency declaration related to COVID-19.
  • The mortgage loan must be 31 or more days delinquent but less than or equal to 360 days delinquent as of the date of evaluation.
  • Certain eligibility criteria are not applicable, such as time from mortgage loan origination and rolling delinquency parameters.
openposition

Job Posting

(Not password protected)
Columbus, Ohio – Chapter 13 Trustee VacancyDistrict of South Carolina – Law Clerk to United States Bankruptcy Judge
farmfield

Farmers in the News

(Not password protected)
covid

CARES Act/COVID Webinar Series – AVAILABLE

courtscales

From the Courts

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
May 18, 2020
Archives
marshabrown

Reasonable Fees and/or Questionable Attorney

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
Tired of COVID . . . so is Ms. Brown . . . so she offers us a look at a simple, yet interesting, case in which $300 became a HUGE deal.
 “Not only do the debtor’s attorneys have the right to seek additional compensation, the debtor, the trustee and/or the court itself has the right to question that additional compensation.”
ahern

Is an Unemployment Compensation Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Following his earlier examination of whether individuals’ federal stimulus payments are exempt, this week Larry Ahern reviews the status of unemployment compensation payments. This analysis is accompanied by an extensive survey of selected states’ rules on such payments in an Appendix.
williambrown

From the Editor – Debtor’s Attorney

By The Honorable William Houston Brown (Retired)
videotaping

From the U.S. Bankruptcy Court District of Nevada

(Not password protected)
Well, here’s a hard and fast answer regarding videotaping . . . Our guess is that other courts have or will follow this rule.“Persons participating in video proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual or audio copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.”See also:Ask Ms. Ps & Qs (password protected)
forbearance

Forbearance Guidelines

(Not password protected)

All in one place! Thank you, Max Gardner.NEW Fees for Bankruptcy Notices of Forbearance – May 6, 2020 – Fannie Mae will pay services $100 per Notice of ForbearanceNEW Fannie Letter – May 13, 2020

While COVID-19 payment deferral is similar to the recently announced payment deferral, we have made several enhancements to assist borrowers who have a COVID-19 related hardship.

Key differences include:

  • The borrower has experienced a financial hardship resulting from COVID-19 that impacted their ability to make their monthly mortgage loan payment, which has been resolved.
  • The mortgage loan must have been current or less than 31 days delinquent as of Mar. 1, 2020, the effective date of the National Emergency declaration related to COVID-19.
  • The mortgage loan must be 31 or more days delinquent but less than or equal to 360 days delinquent as of the date of evaluation.
  • Certain eligibility criteria are not applicable, such as time from mortgage loan origination and rolling delinquency parameters.
judgesnow

Passing of Judge David F. Snow

(Not password protected)
openposition

Job Posting

(Not password protected)
Columbus, Ohio – Chapter 13 Trustee Vacancy
District of South Carolina – Law Clerk to United States Bankruptcy Judge
farmfield

Farmers in the News

(Not password protected)

Farm Bankruptcies on the Rise Amid COVID-19 Pandemic

covid

CARES Act/COVID Webinar Series – AVAILABLE

courtscales

From the Courts

(Not password protected)
postoffice
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
Gunn

In case you missed it…

CARES Act Rebates and Domestic Support Arrears

By Elizabeth Gunn, Assistant Attorney General, Virginia Division of Child Support Enforcement, Bankruptcy Specialist
“. . . the CARES Act did not exempt offset for unpaid domestic support obligations. Further, because of how the rebate payments are issued and processed by the IRS, the CARES Act did not provide Title I-VD support agencies with an option to choose not to implement the offsets.”
May 11, 2020
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport, University of Nevada
This week’s question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state?We are living in a new normal, and video conferencing will continue to be part of our lives even after social distancing guidelines have relaxed. What should we do in terms of ground rules for holding video conferences on Zoom or similar software?
Gunn

CARES Act Rebates and Domestic Support Arrears

By Elizabeth Gunn, Assistant Attorney General, Virginia Division of Child Support Enforcement, Bankruptcy Specialist
“. . . the CARES Act did not exempt offset for unpaid domestic support obligations. Further, because of how the rebate payments are issued and processed by the IRS, the CARES Act did not provide Title I-VD support agencies with an option to choose not to implement the offsets.”
cmoran

Bankruptcy’s Eternal Struggle

By Cathy Moran, Esq. (Redwood City, CA)
A must-read from one of our favorite authors.Which controls, b-22 or I and J . . . You are not limited to the expense categories on the form. Add ones that reflect your client’s budget. And don’t file those schedules until you have squared them up with reality!
covid

CARES Act/COVID Webinar Series – AVAILABLE

Above the Law Free Webinar

(Not password protected)
Join Above the Law for a complimentary CLE-eligible webinar, Reopening During Coronavirus: What Employers Need to Know, where our panel will provide guidance to develop your strategy and avoid costly pitfalls.
irs

From the IRS

(Not password protected)

Three New Credits Are Available to Many Businesses Hit by COVID-19

(These MAY apply to your law practice.)
courtscales

From the Courts

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Did You Know? Bankruptcy Video Series

Did you know that the United States Courts has produced an EXCELLENT educational tool for consumers/potential clients regarding consumer bankruptcy? We found them all in one place on the website for the Bankruptcy Court for the Southern District of Alabama but they are on YouTube. Approx. 5 minutes each – What is Bankruptcy, Difference in Chapters of Bankruptcy, etc.
lynch

In case you missed it…

United Student Aid Funds, Inc. v. Espinosa Ten Years After

By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division
Having handed student loan debtors an unexpected win, the Court then walked back much of the effect of that holding, when it ruled that a bankruptcy court must make its own independent analysis of whether the debtor can prove undue hardship.
May 4, 2020
Archives
lynch

United Student Aid Funds, Inc. v. Espinosa Ten Years After

By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division
Having handed student loan debtors an unexpected win, the Court then walked back much of the effect of that holding, when it ruled that a bankruptcy court must make its own independent analysis of whether the debtor can prove undue hardship.
cmoran

Analyzing Troubled Chapter 13s During COVID19

By Cathy Moran, Esq. (Redwood City, CA)

After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another.

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

Register NOW

FREE WEBINAR – Analyzing the Troubled Chapter 13 During COVID19

Attorney Moran’s article is a prelude to this week’s webinar. With a combined 79 years of experience representing individual and small business debtors, Certified Specialists Cathy Moran and Jill Michaux will review questions you will need to answer in order to provide the sharpest analysis for your clients.

This webinar is Part 2 and will focus on conversion and hardship discharge. Click here for Part 1 which looked primarily at plan modification.

Click here to registerWednesday May 6th – 1:00 eastern/12:00 central/11:00 mtn/10:00 pacific

pees

A Fond Farewell to 007 – Frank M. Pees

“He always makes me laugh. No, guffaw!” . . . On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. A position he has held since 1978.
newsflash

Federal Housing Finance Agency 4/27/20 Press Release

(Not password protected)
gavel

Eastern District of Michigan

(Not password protected)

Daniel S. Opperman New Chief Judge

forbearance

Forbearance Guidelines

(Not password protected)

April 27 Fannie Mae Press Release

zoom

A very popular item from last week . . .

Zoom

(Not password protected)
The Western District of PA Bankruptcy Court on behalf of Standing Trustee Ronda Winnecour issued a notice regarding step by step instructions of Zoom that others – DEBTOR ATTORNEYS, OTHER TRUSTEES, COURTS – may want to use.
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Trustee May Modify Plan to Capture Proceeds from Sale of Employee Stock Options

courtscales

From the Courts

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
bledsoe

In case you missed it…

The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
“Why a debtor would want to extend the plan to 7 years is understandable. . . . What may be less obvious, at least to debtors, are the potential pitfalls.”
April 27, 2020
Archives
bledsoe

The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
“Why a debtor would want to extend the plan to 7 years is understandable. . . . What may be less obvious, at least to debtors, are the potential pitfalls.”
ahern

Is a CARES Act Stimulus Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern addresses a narrow but complicated issue under the CARES Act: whether individuals’ federal stimulus payments, under the CARES Act or similar legislation, are exempt in bankruptcy.
zoom

Zoom

(Not password protected)
The Western District of Pennsylvania Bankruptcy Court on behalf of Standing Trustee Ronda Winnecour issued a notice regarding a really good, step by step, explanation/instruction of the Zoom procedure that others nationally – DEBTOR ATTORNEYS, OTHER TRUSTEES, COURTS – may want to use. As you read it, keep in mind that it was written for ONE District but could easily be adapted for others.
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Court Relies on, then Discusses Problems with, Dewsnup (Chapter 7 case)

ust

From the UST

(Not password protected)
creditslips.jpg

From Credit Slips

(Not password protected)

A Coming Consumer Bankruptcy Tsunami, Wave, or Ripple?

courtscales

From the Courts

(Not password protected)
  • We are seeing more and more Courts offering a CM/ECF event for filing Notices of Forbearance. A few examples:
    • Eastern District of Missouri offers 2 options: i. bankruptcy events – claims actions; or bankruptcy events – notices.
    • Eastern District of Oklahoma: Notice of Mortgage Forbearance – will appear in Claim Actions and Notices categories
    • Middle District of Georgia – Filer should select “Bankruptcy>Notices>Notice of Mortgage Forbearance Under the CARES Act.” Filer will be prompted to attach a .pdf of the forbearance agreement.
  • Per the District of Minnesota Bankruptcy: “The Administrative Office of the U.S. Courts is in the process of developing a national event in CM/ECF for the filing of these notices*, but it is not yet ready. We will advise you as soon as it is available and where to find it.” *Notices of Forbearance
  • Western District of Pennsylvania Bankruptcy – Standing Order 20-211 provides that Visitors to the Court, including vendors, contractors, litigants, attorneys, and other members of the public, shall be required to wear a face mask or face covering when entering, and throughout the duration of their stay at, the Court.
  • Beginning Monday, April 27, 2020, both the Northern and Southern Districts of Mississippi will be live on NextGen
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
smallbusiness
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
notarypublic

Remote Online Notary (RON)

(Not password protected)
MichaelMccormick

In case you missed it.

Impact of COVID-19 and the CARES ACT on Mortgages

By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
“Mortgage servicers are working to adopt the best procedures and options, and to the extent possible, develop streamlined procedures for mortgage forbearances in an active bankruptcy case. Conversations are also taking place between servicers and trustees so that the procedures can be standardized where possible.”
April 20, 2020
Archives
MichaelMccormick

Impact of COVID-19 and the CARES ACT on Mortgages

By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
“Mortgage servicers are working to adopt the best procedures and options, and to the extent possible, develop streamlined procedures for mortgage forbearances in an active bankruptcy case. Conversations are also taking place between servicers and trustees so that the procedures can be standardized where possible.”
cmoran

Will Getting Home Mortgage Forbearance Save Your Client’s Home?

By Cathy Moran, Esq. (Redwood City, CA)
Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment.”Still don’t truly understand forbearance and what the Act says? Attorney Moran explains it as only she can!
readbook

What Section of the Bill Refers to the Definition of Indirectly Impacted?

(Not password protected)
SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE.
free

A Free CARES Act Short

(Not password protected)
What is the Deadline to Ask for Forbearance Under CARES?Well, it isn’t a simple or clear answer because the term “covered period” is used in Section 4022 but not defined. It is defined in other sections but not in the definitions section for the Subtitle of the CARES Act. Arguably, Section 4022(b)(1)(B), with the language that reads a borrower must attest to a financial hardship during the “COVID-19 emergency” (which is defined under (a)(1)), creates an implied covered period that begins March 13, 2020 (the date of President Trump’s declaration of national emergency) and ends the earlier of March 12, 2021, or the date of an action by either the President or Congress to terminate the emergency declaration, unless the President requests an extension under the National Emergency Act.P.S. There is some thought that Congress will fix this potential gap with the next round of legislation.
hughrobinson

COVID-19 Claims Former Bankruptcy Judge

(Not password protected)
creditslips.jpg

From Credit Slips

(Not password protected)

Corona Cash and Refund Anticipation Checks

utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
courtscales

From the Courts

(Not password protected)
  • Non-Covid – Beginning Monday, April 27, 2020, both the Northern and Southern Districts of Mississippi will be live on NextGen
cfpb

From the CFPB on Student Loans

(Not password protected)

What You Need to Know About Student Loans and the Coronavirus Pandemic

smallbusiness
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • One of the most important messages you can share on your blog and/or social media is: “PAY YOUR BILLS.” Make sure the folks within your sphere of influence understand that a forbearance of rent, mortgage payment, car payment, electric bill, etc. does not make the bill go away, it merely pushes it down the road.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • Bankrupt CEO Accused of Fraud Is Selling Massive, $31 Million Collection of Some of the Most Desirable Cars in the World — Take a Tour of the Collection
smith

In case you missed it. A VERY popular article from last week.

The Irony of Filing a Motion to Dismiss with Prejudice

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN)
“Are chapter 13 serial filers abusing the bankruptcy system? . . . Our office has identified a new pattern in debtor behavior after we file motions to dismiss with prejudice.”
April 13, 2020
Archives
smith

The Irony of Filing a Motion to Dismiss with Prejudice

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN)
“Are chapter 13 serial filers abusing the bankruptcy system? . . . Our office has identified a new pattern in debtor behavior after we file motions to dismiss with prejudice.”
ahern

Small Business Reorganization Act Postscript #2 – Technical Amendment of CARES Act Recommended to Repair Flawed Attempt to Increase Small Business Eligibility under SBRA

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits SBRA and the CARES Act, points out a flaw in the new $7,500,000 debt limit and suggests a technical amendment to repair it.
schneider

Passing of Retired Bankruptcy Judge

(Not password protected)
James F. Schneider, retired U.S. Bankruptcy Judge for the District of Maryland, died of osteomyelitis on Monday, April 6.
timetolearn

The CARES Act – Impacts on Chapter 13 Webinar
Recording NOW AVAILABLE
Free to Academy Subscribers or pay per view option

caresact

The CARES Act – Mortgage Issues
Recording NOW AVAILABLE Free to Academy Subscribers

Join experts Chapter 13 Standing Trustee Debra L. Miller, Alice L. Whitten of Wells Fargo, and Attorney Jackson E. Duncan, III of McCalla Raymer (Birmingham), in a detailed discussion looking specifically at the differences between forbearance, deferral, and modification; what is required for each; and how to efficiently modify a confirmed bankruptcy if a forbearance or deferral is granted.
nclc

From the National Consumer Law Center

(Not password protected)

Really good comprehensive information you need on consumer protection in one place:Free access to Appendix G from NCLC’s Collection Actions, a state-by-state summary of protections from judgment creditors

Major Consumer Protections Announced in Response to COVID-19 – Updated on April 9th and regularly thereafter

COVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.

utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)

From Edmunds.com – this information is being updated regularly.Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts

foreclosures

Foreclosure Actions Suspended

(Not password protected)

More “Fine Print”April 3, 2020, the CFPB, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, and the Conference of State Bank Supervisors issued a “Joint Statement on Supervisory and Enforcement Practices Regarding the Mortgage Servicing Rules in Response to the COVID-19 Emergency and the CARES Act”, and the CFPB published corresponding “Mortgage Servicing Rules FAQs related to the COVID-19 Emergency

evictions

Eviction Action Suspended

(Not password protected)
Tenant Protection During the Novel Coronavirus Outbreak – A running list of eviction moratoriums and other tenant protections by state, city/county. (States listed: AL, AK, AZ, CA, CO, CT, DC, DE, FL, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN,MO, MT, NC, NE, NH, NJ, NM, NV, NY, OH, OR, PA, RI, SC, TN, TX, WA, and WI)
irs
courtscales

From the Courts

(Not password protected)
smallbusiness
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Tax Returns Traditionally Due April 15th, Now Due July 15th

hildebrand

In case you missed it. A VERY popular article . . .

CARES Act Financial Hardship ‘Laundry List’

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

The bankruptcy section of the CARES Act does not detail what constitutes a coronavirus related financial hardship. The statute only says: debtor is or has experienced a material financial hardship due, directly or indirectly, to the coronavirus pandemic.So, what is ‘financial hardship’ in this context?

April 6, 2020
Archives
hildebrand

CARES Act Financial Hardship ‘Laundry List’

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

The bankruptcy section of the CARES Act does not detail what constitutes a coronavirus related financial hardship. The statute only says: debtor is or has experienced a material financial hardship due, directly or indirectly, to the coronavirus pandemic.So, what is ‘financial hardship’ in this context?

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

timetolearn

The CARES Act – Impacts on Chapter 13 Webinar
Recording NOW AVAILABLE
Free to Academy Subscribers or we offer
a pay per view option

Comments regarding the webinar:

“It was very informative, presented efficiently, effectively, and clearly. I have downloaded the PowerPoint slides and will refer to them in the future to remain familiar with the Act as I advise clients.”

“I really enjoyed it. Very well done and the topics were concise and understandable.”

“Good program well put together on such short notice.”

Click here to become a subscriber and enjoy free access to all of the resources including the entire webinar library.

robertschuman

Mortgage Matters in Times of COVID-19

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group
“Is it 2008 again? . . . As of March 25, 2020, like everything else, the world of mortgage lending has once again been turned on its head.”
ust

With everything else going on, be sure to not miss the increased means test numbers.

From the UST – Means Test Numbers Change April 1st – No Fooling

(Not password protected)
The United States Trustee has posted an increase, effective for cases filed on or after April 1, 2020, in median family income relevant to Bankruptcy Forms 122A-1 and 122C-1, as based on Consumer Price Index adjustments.
nclc

From the National Consumer Law Center

(Not password protected)

Really good comprehensive information you need on consumer protection in one place:

Major Consumer Protections Announced in Response to COVID-19 – Updated on April 1st and regularly thereafterCOVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.

utilityshutoffs

Where to Find Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions. The directory has several federal policy changes at the top, followed by an alphabetical list by state. The directory contains the type of action and the dates in effect.
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly.Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
foreclosures

Foreclosure Actions Suspended

(Not password protected)

The ‘fine print’ so far (although there are still unanswered questions):Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency – The purpose of this Mortgagee Letter is to inform mortgagees of a foreclosure and eviction moratorium for all FHA-insured Single Family mortgages for a period of 60 days (effective until May 18, 2020)

  • Click here for the Servicer version of the above letter.

Fannie Mae Letter to Servicers – “Servicers must suspend all foreclosure sales for the next 60 days. . . . does not apply to mortgage loans on properties that have been determined to be vacant or abandoned.”

Impact of COVID-19 on Originating & Underwriting – These resources provide policy information for originators related to COVID-19.

Freddie Mac Announces Enhanced Relief for Borrowers Impacted by COVID-19 – “Forbearance plans provide borrowers with payment relief for up to 12-months and suspend borrower late charges and penalties. It also suspends reporting to credit bureaus of past due payments of borrowers who are in a forbearance plan as a result of hardships attributable to this national emergency.”

From the VA and the USDA – VA and USDA ‘strongly encourages’ its servicers . . .

Maryland Court of Appeals – Administrative Order on Foreclosures, Evictions, and Other Ejectments Involving Residences

New York Waives Mortgage Payments for 90 Days Based on Hardship

evictions

Eviction Action Suspended

(Not password protected)
Tenant Protection During the Novel Coronavirus Outbreak – A running list of eviction moratoriums and other tenant protections by state, city/county. (States listed: AL, AK, AZ, CA, CO, CT, DC, DE, FL, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN,MO, MT, NC, NE, NH, NJ, NM, NV, NY, OH, OR, PA, RI, SC, TN, TX, WA, and WI)
irs
courtscales

From the Courts

(Not password protected)
  • District of New Mexico – . . . attorneys may file a scanned original or copy of a document that reflects the client’s actual signature, . . .the Court is not willing to authorize use of digital signature software programs for the purpose of filing documents that require a person’s signature, nor is /s/ or the person’s name in cursive font sufficient.
  • The United States Courts has created this web page which may be a site you check on a regular basis.
smallbusiness

Small Business Matters

(Not password protected)
  • Assistance for Small Businesses – Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Even more so today: Probably the most important thing you can share on your blog is that struggling consumers need to contact their creditors and/or you – sooner rather than later.

kensiomos

In case you missed it. A VERY popular article . . .

Covid-19 and the 7 Year Plan

(Not password protected)
By Ken Siomos, Staff Attorney for Standing Chapter 13 Trustee Marsha L. Combs-Skinner (Newman, IL)
A small part of the “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.(Attention non-Academy subscribers: this is an excellent example of the type of password protected information you will have access to EVERY SINGLE WEEK with your subscription. Click here to subscribe.
March 30, 2020
Archives
userpass In these trying times, this week’s update is offered with NO passwords. Every attempt has been made to provide you with the most accurate, up to date, COVID-19 information regarding consumer bankruptcy.
kensiomos

Covid-19 and the 7 Year Plan

(Not password protected)
By Ken Siomos, Staff Attorney for Standing Chapter 13 Trustee Marsha L. Combs-Skinner (Newman, IL)

A small part of the “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.(Attention non-Academy subscribers: this is an excellent example of the type of password protected information you will have access to EVERY SINGLE WEEK with your subscription. Click here to subscribe.

Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)

(Not password protected)

CARES Act Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 and Other Changes(Another example of a normally password protected item)

ust

From the UST – Means Test Numbers Change April 1st – No Fooling

(Not password protected)
The United States Trustee has posted an increase, effective for cases filed on or after April 1, 2020, in median family income relevant to Bankruptcy Forms 122A-1 and 122C-1, as based on Consumer Price Index adjustments.
nclc

From the National Consumer Law Center

(Not password protected)

Really good comprehensive information you need on consumer protection in one place:

Major Consumer Protections Announced in Response to COVID-19 – NCLC is updating this page on a regular basis.

COVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.

NCLC is also offering free access to the digital edition of Surviving Debt: Expert Advice For Getting Out of Financial Trouble, NCLC’s most comprehensive guide to navigating debt for consumers and consumer advocates. ***When you click the link, look at the Table of Contents on the left – continue to click on the chapter you want and it will open.***

utilityshutoffs

Where to Find Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions. The directory has several federal policy changes at the top, followed by an alphabetical list by state. The directory contains the type of action and the dates in effect.
carpayments

Car Payment Relief

(Not password protected)
This is the same edmunds page as last week (a very popular link) but the information is being updated regularly.
Car Payment Relief During Coronavirus – Links to Resources and Advice from Our Experts
foreclosures

Foreclosure Actions Suspended

(Not password protected)

The ‘fine print’ so far (although there are still unanswered questions):Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency – The purpose of this Mortgagee Letter is to inform mortgagees of a foreclosure and eviction moratorium for all FHA-insured Single Family mortgages for a period of 60 days (effective until May 18, 2020)

  • Click here for the Servicer version of the above letter.

Fannie Mae Letter to Servicers – “Servicers must suspend all foreclosure sales for the next 60 days. . . . does not apply to mortgage loans on properties that have been determined to be vacant or abandoned.”

Freddie Mac Announces Enhanced Relief for Borrowers Impacted by COVID-19 – “Forbearance plans provide borrowers with payment relief for up to 12-months and suspend borrower late charges and penalties. It also suspends reporting to credit bureaus of past due payments of borrowers who are in a forbearance plan as a result of hardships attributable to this national emergency.”

From the VA and the USDA – VA and USDA ‘strongly encourages’ its servicers . . .

Maryland Court of Appeals – Administrative Order on Foreclosures, Evictions, and Other Ejectments Involving Residences

New York Waives Mortgage Payments for 90 Days Based on Hardship

evictions

Eviction Action Suspended

(Not password protected)
Here is a gold nugget: Tenant Protection During the Novel Coronavirus Outbreak – A running list of eviction moratoriums and other tenant protections by state, city/county.
irs

From the IRS

(Not password protected)

IRS Unveils New People First Initiative; COVID-19 Effort Temporarily Adjusts, Suspends Key Compliance Program

The article is fairly long so here are a few highlights:Existing Installment Agreements – Payments due between April 1 and July 15, 2020 are suspended. . . . , the IRS will not default any Installment Agreements during this period. Interest will continue to accrue.

Offers in Compromise (OIC) –

  • Pending OIC applications – Taxpayers have until July 15 to provide requested additional information to support a pending OIC. In addition, the IRS will not close any pending OIC request before July 15, 2020, without the taxpayer’s consent.
  • OIC Payments – Taxpayers have the option of suspending all payments until July 15, 2020 – interest will continue to accrue.
  • Delinquent Return Filings – IRS will not default an OIC for those who are delinquent in filing their tax return for 2018. However, taxpayers should file any delinquent 2018 return (and their 2019 return) on or before July 15, 2020.

Field Collection Activities – Liens and levies (including any seizures of a personal residence) initiated by field revenue officers will be suspended during this period. However, field revenue officers will continue to pursue high-income non-filers….

Automated Liens and Levies – New automatic, systemic liens and levies will be suspended during this period.

Private Debt Collection – New delinquent accounts will not be forwarded to private collection agencies during this period.

Click here for more on: Independent Office of Appeals and Statute of Limitations

Practitioner Priority Service – . . . there may be more significant wait times for the PPS.

courtscales

From the Courts

(Not password protected)
  • The United States Courts has created this web page which may be a site you check on a regular basis.
  • …“TO ENSURE THE QUALITY OF THE RECORD, THE USE OF SPEAKERPHONES, BLUETOOTH DEVICES, AND CELL PHONES ARE PROHIBITEDalthough we only saw this on one Court’s website, it is an excellent best practices guide.
  • Western District of Virginia NON-CORONAVIRUSNextGen – Are you ready? CM/ECF will be unavailable from noon on Friday, March 27th through Sunday, March 29th
sandiego2020

NACTT SAN DIEGO

(Not password protected)
NACTT 55th Annual Seminar
Registration Deadline ExtendedIn light of the current national pandemic the NACTT is extending the early registration deadline for the NACTT Annual Seminar to be held in July in Sunny San Diego to May 1st.While we are hopeful the pandemic will be resolved and life returns to normal soon with the Annual Seminar proceeding, we will continue to monitor the situation and will advise our members, sponsors and exhibitors if there is a change as soon as possible. In the meantime, on behalf of the NACTT please stay safe and healthy.Mary Viegelahn, NACTT Vice President & Program Chair

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

REGISTER NOW to attend the NACTT annual conference in San Diego, CA, July 9-11.
Check out this great program!!!!

Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.

cfpb

From the CFPB

(Not password protected)

5th Cir. Holds CFPB Structure is Constitutional

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Probably the most important thing you can share on your blog is that struggling consumers need to contact their creditors and/or you – sooner rather than later.

March 23, 2020
Archives
AlexSchmidt

Chapter 13 Practice in the Time of COVID-19

By Alex Schmidt, Law Clerk to the Honorable John P. Gustafson., Northern District of Ohio at Toledo
“Though specifics regarding the disease’s impact evolve by the day, one thing that is clear is that bankruptcies will be filed, potentially in large numbers. . . . Leaving aside the questions about the Means Test in normal times, it seems clear that it is poorly suited to its gatekeeping task in the context of a sudden national decline in the economy.”
ahern

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Trustees and debtors’ counsel may often think they cannot win in a contest over the secured status of a creditor. Prompted by recent bankruptcy and district court decisions, Larry Ahern reviewed in Part I and Part II some rules governing the preparation of financing statements (UCC-1s) and explained how a UCC-1 might be fatally deficient under the rules governing naming of debtors on UCC-1s. In this Part III, he turns to the required description of the collateral, including a recent split in the circuits that the Supreme Court declined to resolve.
carpayments

There’s Always A Car

(Not password protected)
This is a really helpful article . . . Car Payment Relief During Coronavirus – Links to Resources and Advice from Our Experts
foreclosures

Foreclosure Actions Suspended

(Not password protected)

(As of “press time” we at the Academy could not locate any official rules or ‘fine print’ regarding the below. We will continue to watch for that information. However, see From the Courts below.)

nclc

From the National Consumer Law Center

(Not password protected)
NCLC has created a new “COVID-19 & Consumer Protections” page to provide updates on current efforts to protect renters and homeowners from eviction and utilities shutoffs; advocate for student loan borrowers whose ability to repay their loans may suffer due to lost income, insufficient paid leave, or lack of access to childcare; encourage financial institutions to offer loan modification and payment accommodations to their clients; and protect all consumers from the financial scams that arise in disaster situations. This page is being updated constantly with new resources for attorneys, advocates, and consumers.
NCLC is also offering free access to the digital edition of Surviving Debt: Expert Advice For Getting Out of Financial Trouble, NCLC’s most comprehensive guide to navigating debt for consumers and consumer advocates. All inquiries related to NCLC’s publications or Digital Library can be directed to publications@nclc.org.
courtscales

From the Courts

(Not password protected)

(We have not attempted to list every notice from every bankruptcy district; however, we have tried to list those that may be of interest to national creditors, any notice that seems ‘out of the norm’ from what most courts are doing, and notices that apply to the entire country.)

  • The United States Courts has created this web page which may be a site you check on a regular basis.
  • We draw your attention to this Notice as a reminder that not all courts are doing things the same way. In the District of South Carolina for hearings you must request to appear by telephone/video conference . . . District of South Carolina Bankruptcy Court
  • Western District of Virginia NON-CORONAVIRUSNextGen – Are you ready? CM/ECF will be unavailable from noon on Friday, March 27th through Sunday, March 29th
sandiego2020

NACTT SAN DIEGO

(Not password protected)

REGISTER NOW (March 30th is the discount deadline) to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.

Check out this great program!!!!

Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Debtor Attorney Sanctioned for Inadequate Investigation Prior to Emergency Filing

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Coronavirus Stockpiling: Don’t waste your money on these items, according to a pandemic planner

rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs addresses how to respond when your client calls you a defamatory name – to a third party.See also: Making the Most of Online Client Reviews
March 16, 2020
Archives
jenlee

In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation

By Jen Grondahl Lee, Jen Lee Law, Inc. (San Ramon, CA)
“When is a collected fee not a collected fee? When the statutes authorizing payment to the standing Chapter 13 trustee do not provide clear guidance on when that fee is paid and/or earned.”
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs looks at the toughest ethical questions we can throw her way. So, don’t be afraid to throw them! At any time, click the Contact Us feature on the homepage and send us any questions you have. You can remain anonymous.So, back by popular demand, this week she addresses how to respond when your client calls you a defamatory name – to a third party.Endnote 3 to Ask Ms. Ps & Qs references an excellent article debtor attorneys won’t want to miss: Making the Most of Online Client Reviews
waterman

Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania

By Scott Waterman, Standing Chapter 13 Trustee Eastern District of Pennsylvania (Reading)
Modifying a first mortgage is one of the most common loss mitigation tools available to bring a loan current to prevent foreclosure. In this case, a second mortgage lender, argued that the Bankruptcy Court should have applied the equitable subordination doctrine to reorder the priority of its mortgage.
nclc

From the National Consumer Law Center

(Not password protected)

NCLC Sues Over Illegal Debt Collection Activity

Last month, NCLC, Justice Catalyst Law, and Flitter Milz, P.C. filed a class action lawsuit against Maximus Federal Services, Inc., alleging it is engaging in illegal collection activity — including wage garnishments, tax refund offsets, and Social Security offsets — against thousands of federal student loan borrowers who submitted Borrower Defense applications to the U.S. Department of Education.For more background on this case, check out the Project on Predatory Student Lending’s overview of Calvillo Manriquez v. DeVos.
doj

From the UST

(Not password protected)

Vacancy Announcement of Chapter 13 Standing Trustee

Middle District of Georgia – Columbus, Albany, and Valdosta Divisions
Application due date: March 27, 2020
sandiego2020

NACTT SAN DIEGO

(Not password protected)

REGISTER NOW (March 30th is the discount deadline) to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.

Check out this great program!!!!

Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.

debt

Student Loan Chronicles

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Taxpayers should be aware that aggressive criminals pose as IRS agents in hopes of stealing money or personal information in phone scams. Here are some tell-tale signs of a tax scam. The IRS will never:
    • Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer.
    • Threaten to immediately bring in local police to have taxpayer arrested for not paying.
    • Demand taxes be paid without giving taxpayers the opportunity to question or appeal the amount owed.
    • Call out of the blue about an unexpected tax refund.
    • Taxpayers who receive these phone calls should: Hang up the phone immediately.
herr

IN CASE YOU MISSED IT . . .

Meet Another New Trustee

Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis.But Ms. Herr is no stranger to the Chapter 13 world.
March 9, 2020
Archives
boltz

Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC)

SBW HeadshotWhenever staff attorneys or other staff members for Chapter 13 trustees learn about the (moderately) affordable Income Driven Repayment plans for student loans the first thing they ask is whether their job qualifies for Public Service Loan Forgiveness. And in general, the answer is no. But could it?

williambrown

From the Editor – Confirmation

By The Honorable William Houston Brown (Retired)
herr

Meet Another New Trustee

Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis.

But Ms. Herr is no stranger to the Chapter 13 world.

ivor

Farewell Reception for Bankruptcy Judge

(Not password protected)

Marci B. McIvor, United States Bankruptcy Judge for the Eastern District of Michigan Retired

doj

From the UST

(Not password protected)

Vacancy Announcement of Chapter 13 Standing Trustee

Region 21 has posted a vacancy announcement for the Chapter 13 Standing Trustee for the Middle District of Georgia in the Columbus, Albany, and Valdosta divisions.

Ms. Kristin Hurst, the current Standing Trustee, has communicated her intention to retire at the end of September, 2020.

bankruptcycourt

Middle District of Florida Has New Judge

(Not password protected)

Judge Lori V. Vaughan Sworn in as Middle District of Florida Bankruptcy Judge

cfpb

From the CFPB

(Not password protected)

Supreme Court Seems Inclined to Curb CFPB’s Independence

sandiego2020

NACTT SAN DIEGO

(Not password protected)

REGISTER NOW (March 30th is the discount deadline) to attend the NACTT annual conference in San Diego, CA, July 9-11.

No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.

ah_rochelle_3647

ABI Editor at Large, Bill Rochelle will host an extra special,
fast paced Judges’ Roundtable to kick off the first day of the conference.

Check out this great program!!!!

Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.

farmerfield

Farmers in the News

(Not password protected)
  • Seeds of Despair – Saddled with near-record debt, unpredictable climate change and a trade war, Midwest farmers find themselves in a pressure cooker. Isolated, and with limited access to mental-health care, hundreds are dying by suicide.
judicialposition

Judicial Position Posting

(Not password protected)
  • U.S. Bankruptcy Court Judgeship Middle District of Pennsylvania (Wilkes-Barre) Notice of Vacancy (App. due by 3/25/20)
debt

Student Loan Chronicles

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
williambrown

IN CASE YOU MISSED IT . . .

Two Supreme Court Decisions with Effects on Bankruptcy Practice

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and
Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN)
ahernIn two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law.
March 2, 2020
Archives
curtisgeraci

Obtaining Credit in Chapter 13 – Did the Amendment to FRBP 4001(c) Eliminate Motions to Incur Additional Credit?

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law LLC (Chicago, IL)
“At first glance, this would appear to mean that debtors in a chapter 13 would not need permission to obtain credit, but as is the norm in consumer bankruptcy practice, things are not quite that simple.”
williambrown

Two Supreme Court Decisions with Effects on Bankruptcy Practice

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and
Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN)
ahernIn two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law.
bankruptcycourt

From the UST

(Not password protected)

Vacancy Announcement of Chapter 13 Standing Trustee

The United States Trustee for Region 21 has published the attached vacancy announcement. The trustee will administer cases filed under Chapter 13 in the Columbus, Albany, and Valdosta divisions of Georgia.Ms. Kristin Hurst, the current Chapter 13 Standing Trustee in Columbus, has communicated her intention to retire at the end of September, 2020, after serving with distinction for 27 years in the Middle District of Georgia.

bankruptcycourt

In the ‘This Is Way Cool’ Department

Not password protected)

The Bankruptcy Court for the Eastern District of Washington now offers an interactive statistics dashboard showing real-time filing/closing data in chapters 7, 11, 13 and adversary proceedings.The statistics webpage has been updated to include judge activity, a 20-year history of case flings to date and a link to U.S. Courts website for national statistics. The new filing statistics page can be found by selecting the Court Information tab on our website.

ahern

Previously published SBRA library:

(Password protected unless otherwise noted)
sandiego2020

NACTT SAN DIEGO

(Not password protected)

REGISTER NOW to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.

Check out this great program!!!!

Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation

farmerfield

Farmers in the News

(Not password protected)

Trump Signals He’s Prepared to Give Farmers More Federal Aid

openposition

Job Posting

(Not password protected)
Northern District of Ohio – Deputy Clerk in Charge

From the Bankruptcy Court for the District of Minnesota

(Not password protected)

Amendments to Local Rules 3015-2 and 9006-1 and Local Forms 2016-1 and 4001-1 will take effect March 1, 2020 and will govern in all bankruptcy cases commenced on or after March 1st.A red-lined copy of the amendments is available here.

May be of interest to National Mortgage Creditors: What may be of most interest is Local Form 4001-1 which is a revised Loan History payment Chart.

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
gustafson

IN CASE YOU MISSED IT . . .

Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

There are two legal battles going on that may end up being dysfunctionally related: (1) what happens if the automatic stay is not extended in a “second case pending within one year”? And (2) what happens if there is no stay and § 542(a) is not self executing?Also from this author:

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

February 24, 2020
Archives
gustafson

Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

There are two legal battles going on that may end up being dysfunctionally related: (1) what happens if the automatic stay is not extended in a “second case pending within one year”? And (2) what happens if there is no stay and § 542(a) is not self executing?Also from this author:

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

ahern

Two Final Observations about the SBRA

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

This final installment from Larry Ahern winds up his review with observations about the challenges for new Chapter 11 counsel and some speculation about the scope of this new law for Chapter 13 practitioners.Easy access to the previously published SBRA library:

motley

Black History Month

(Not password protected)

Constance Baker Motley: Judiciary’s Unsung Rights Hero

“She was the first African American woman to argue a case before the Supreme Court, and the first to serve as a federal judge.”
sandiego2020

NACTT SAN DIEGO

(Not password protected)

REGISTER NOW to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.

Check out this great program!!!!

openposition

Judgeship Position Postings

(Not password protected)

United States Bankruptcy Judgeship Eastern District of Michigan Notice of Vacancy (App. due by 3/10/20)Announcement of Judgeship Openings (App. due by 3/6/20)

  • Southern District of New York in Manhattan
  • Eastern District of New York in Brooklyn
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

First Circuit BAP Applies “Gavel Rule” to Foreclosure Sale

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
cmoran

IN CASE YOU MISSED IT . . .

The Hunt for Deductible Interest – Money Too Often Left on the Table

By Cathy Moran, Esq. (Redwood City, CA)
One of the mysteries of Chapter 13 is why mortgage lenders don’t send an IRS 1098 for mortgage payments made through a plan. . . . Miss that deduction and clients leave tax money on the table.
February 17, 2020
Archives

presidentsday

ahern

Well, it’s here: SBRA goes into effect 2/19. Be sure to check your local court for interim rules implementing SBRA.

Five More Things Debtors Should Know About the SBRA

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

This week, Larry Ahern continues his review of issues of particular interest to small-business debtors and their counsel.

See also:

Click here for SBRA Official Forms

Click here for a 3-paged visual of changes to forms – although this was made available by the US Bankruptcy Court for the Southern District of Mississippi, it would appear to be applicable to all districts.

Easy access to the previously published SBRA library:

cmoran

The Hunt for Deductible Interest – Money Too Often Left on the Table

By Cathy Moran, Esq. (Redwood City, CA)
One of the mysteries of Chapter 13 is why mortgage lenders don’t send an IRS 1098 for mortgage payments made through a plan. . . . Miss that deduction and clients leave tax money on the table.
sandiego2020

NACTT SAN DIEGO

(Not password protected)

Make your plans now to attend the NACTT annual conference in San Diego, CA, July 9-11.

Debtor Attorneys make special note that there are sessions especially for YOU – advanced level talks on getting paid and how to be the best!

phillipi

Meet the Newest Trustee

Julie Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020.
georgewright

SCOTUSblog

(Not password protected)
This is a detailed analysis of the case . . .Justices to Consider Constitutionality of CFPB Structure
georgewright

Passing of a Bankruptcy Pioneer

(Not password protected)

Honorable George S. Wright, 94, died peacefully at home surrounded by his family.

Click here for Notice

Click here for Obituary

update

Updated Consent Order Guidelines – Middle District of Louisiana

(Not password protected)
May be of interest to national creditors: The U.S. Bankruptcy Court, Middle District of LA, has updated its guidelines for consent orders resolving stay relief motions in consumer cases filed on or after March 1, 2020. Attorneys should review the updated guidelines and ensure that all consent orders resolving stay relief motions align with the updated guidelines.
openposition

Judgeship Position Postings

(Not password protected)

New United States Bankruptcy Judgeship Eastern District of Michigan Notice of Vacancy (App. due by 3/10/20)

Announcement of Judgeship Openings (App. due by 3/6/20)

  • Southern District of New York in Manhattan
  • Eastern District of New York in Brooklyn
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Tax Debt from Late-Filed Tax Return Dischargeable

webinar

Epiq Webinar

(Not password protected)
Enabling Bankruptcy Digital Transformation for Secured and Unsecured Portfolios
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • Kansas Farmer Sentenced for Crop Insurance Fraud – Also pleaded guilty to bankruptcy/fraud . . . falsely answered “no” to question about whether he had recently transferred property to anyone in his bankruptcy filing. He actually made two large transfers
gustafson

IN CASE YOU MISSED IT . . .

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

By The Honorable John P. Gustafson
“Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay?”
February 10, 2020
Archives
gustafson

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

By The Honorable John P. Gustafson
“Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay?”
ahern

Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern addresses the Supreme Court’s January 14 opinion in Ritzen Group, Inc. v. Jackson Masonry, LLC, in which the Court declared an order denying stay relief “final.” He also reviews the broader issues implicated by finality in bankruptcy and offers some guidance to practitioners.
williambrown

From the Editor – Claims

bonapfel

Small Business Reorganization Act of 2019 “A Guide to the Small Business Reorganization Act of 2019”

(Not password protected)

Judge Paul W. Bonapfel of the United States Bankruptcy Court for the Northern District of Georgia has published “A Guide to the Small Business Reorganization Act of 2019.”Click here to read the summary.As a reminder, the new Section V of Chapter 11 of the Bankruptcy Code goes into effect on February 19, 2020.

openposition

Judgeship Postings

(Not password protected)

United States Bankruptcy Judge, District of Maryland at Greenbelt (App. due by 2/19/20)Announcement of Judgeship Openings (App. due by 3/6/20)

  • Southern District of New York in Manhattan
  • Eastern District of New York in Brooklyn

Term Law Clerk Posting

Judge Duncan, District of South Carolina is accepting applications for a term law clerk

Magistrate Judge Posting

United States District Court for the Southern District of Mississippi is receiving applications for the position of Magistrate Judge assigned to the District’s Southern Division in Gulfport, Mississippi (App. Due by 2/28/20)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Many Taxpayers Don’t Realize They Could Benefit from the Earned Income Tax Credit

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of TN (Nashville)

Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”

Click here for Opinion

February 3, 2020
Archives
gretchenholland

From the Archives (originally posted 8/25/19)

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina
The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class.
nataliecox

The 2019 Numbers Are Out

(Not password protected)
alanstrust

Chief Judge Announced

(Not password protected)

United States District Court for the Eastern District of New York

openposition

Judgeship Postings

(Not password protected)

United States Bankruptcy Judge, District of Maryland at Greenbelt (App. due by 2/19/20)Announcement of Judgeship Openings (App. due by 3/6/20)

  • Southern District of New York in Manhattan
  • Eastern District of New York in Brooklyn

Term Law Clerk Posting

Judge Duncan, District of South Carolina

Magistrate Judge Posting

New Posting United States District Court for the Southern District of Mississippi is receiving applications for the position of Magistrate Judge assigned to the District’s Southern Division in Gulfport, Mississippi (App. Due by 2/28/20)

bankruptcycourt

From the UST

(Not password protected)

Chapter 7 Trusteeship Openings – Application Due Dates for both – 2/7/20

  • Districts of Guam and Northern Mariana Islands
  • Northern District of Texas (primarily in San Angelo, Abilene, Amarillo and Lubbock Divisions)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
  • As of 1/27/20, the U.S. Bankruptcy Court for the S.D. of NY announced it has adopted the Student Loan Mediation Before Litigation Program. Click here for more information
  • Growing Student Debt Burden for Parents – With federal Parent PLUS loans accounting for a quarter of borrowing for undergraduates, new data reinforce concern about parents’ ability to repay the loans.
cmoran

IN CASE YOU MISSED IT . . .

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

By Cathy Moran, Esq. (Redwood City, CA)
“Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over.”
January 27, 2020
Archives
cmoran

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

By Cathy Moran, Esq. (Redwood City, CA)
“Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over.”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
When a case converts from 13 to 7 prior to confirmation, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney.
farmerfield

Farmers in the News

(Not password protected)
openposition

Judgeship Postings

(Not password protected)

United States Bankruptcy Judge, District of Maryland at GreenbeltAnnouncement of Judgeship Openings

  • Southern District of New York in Manhattan
  • Eastern District of New York in Brooklyn

Solicitations of Applicants for Appointment as United States Bankruptcy Judge Western District of Kentucky

Term Law Clerk Posting

(Not password protected)

New Posting Judge Duncan, District of South Carolina, is accepting applications for a term law clerk

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

These two items are not only applicable “For Your Blog” but are also of interest to all of us.

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of TN (Nashville)

Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”

Click here for Opinion

You may also be interested in the “Now What” section of this article: More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC

BUT . . . Student Loan Servicer Appeals Landmark $220,000 Bankruptcy Ruling

January 20, 2020
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of TN (Nashville)

Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”Click here for Opinion

davidcox

Representing Elderly Clients in Bankruptcy – Part 3 of 3

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)
We continue the detailed guide for representing older clients and the special issues they bring to your office. This, Part 3, looks at the unique challenges faced by older debtors.Click here for Part 1 of 3
Click here for Part 2 of 3
supremecourt

Bulletin: Supreme Court Rules Against Creditor

The Supreme Court unanimously held that an order denying stay relief was final. Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against the debtor. Ritzen Group, Inc. v. Jackson Masonry, LLC, 2020 WL 201023 (U.S. Jan. 14, 2020).Justice Ginsberg added to bankruptcy terminology by declaring that a final order is one in which the bankruptcy court “unreservedly grants or denies relief” in “a discrete procedural unit within the embracive bankruptcy case.” A motion for stay relief is such a “unit.”Ritzen was reportedly Judge Keith Lundin’s last order before retirement. The Court found that in denying stay relief Judge Lundin was unreserved, so his order was final. In so holding, the Court handed a win to a friend of The Academy, Ned Hildebrand, co-counsel for Jackson Masonry.

The Academy will publish a more detailed analysis and survey of the law of finality in an upcoming article by Larry Ahern, a frequent contributor here and co-author of West’s Bankruptcy Procedure Manual.

Click here for Ahern’s comment on the case after cert was granted.

In the meantime, file those notices of appeal early and often.

shopneck

From the Other Side

By Craig Shopneck, Chapter 13 Standing Trustee for the Northern District of Ohio Retired
Next in our series “Senior Moments” is an EXCELLENT piece on retirement from Cleveland, Ohio, retired Trustee Craig Shopneck who beautifully expounds on how much money is enough vs. time with the obvious love of his life, Bonnie.
nclc

From the National Consumer Law Center

(Not password protected)

FDIC and OCC Proposals Threaten Expansion of Predatory Lending

openposition

Judgeship Postings

(Not password protected)

New Posting United States Bankruptcy Judge, District of Maryland at GreenbeltAnnouncement of Judgeship Openings

  • Southern District of New York in Manhattan
  • Eastern District of New York in Brooklyn

Solicitations of Applicants for Appointment as United States Bankruptcy Judge Western District of Kentucky

Term Law Clerk Posting

(Not password protected)

New Posting Judge Peter C. McKittrick – United States Bankruptcy Court for the District of Oregon

foryourblog
cmoran

IN CASE YOU MISSED IT . . .

How Guarantors Can Escape Tax on Soured Debt

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA)
purdy bill picTax lawyer Bill Purdy and Cathy Moran shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of debt income? Here’s the marvelous result that Bill’s caper through the IRS regs returned.See also: Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong
January 13, 2020
Archives
beskin

Cars, Fines, and Chapter 13 in the Windy City

By Herb Beskin, Chapter 13 Trustee and Edward M. Wayland, Esq. (Charlottesville, VA)
“The Court noted that it was joining the 1st, 5th, and 11th Circuits in holding that fines for civil offenses committed after a bankruptcy case has been filed must be treated as administrative expenses, and that it had not found any decisions to the contrary.”
davidcox

Representing Elderly Clients in Bankruptcy – Part 2 of 3

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)
We continue the detailed guide for representing older clients and the special issues they bring to your office. This, Part 2, looks at filing considerations.Click here for Part 1 of 3
pro-se

Pro Se Wins Motion for Summary Judgement

(Not password protected)
And winning means his over $200,000 in student loan debt is discharged.
puertoricoseal

Puerto Rico

(Not password protected)
Our thoughts and prayers to the Bankruptcy Community in Puerto Rico – Bankruptcy Courts have been closed due to earthquakes in the region

Judgeship Posting

(Not password protected)
smallbusiness

Easy access to the previously published SBRA library.

irs

From the IRS

(Not password protected)

IRS Sets Up Online Gig Economy Tax Center

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
January 6, 2020
Archives
davidcox

Representing Elderly Clients in Bankruptcy – Part 1 of 3

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)
We kick off 2020 with a detailed guide for representing older clients and the special issues they bring to your office. This, Part 1, is an overview and ethical considerations. Part 2 looks at filing considerations and Part 3 explores the unique issues.

image002

NACTT 55th Annual Educational Program
– San Diego, California

BE THERE!!

Click here for details of the Educational Program. Mark your calendar now for July 8-11.Trustees (and others) should note that pre-meetings are on the 8th so you will want to arrive by the 7th.
cynthianorton

Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint

By Honorable Cynthia Norton & Honorable Kevin R. Anderson
kevinandersonA great, short resource garnered from the written materials of the NACTT Indianapolis conference. A sample of the great information you miss if you don’t attend the NACTT annual conference.
changeahead

Two Districts Revise Plans

(Not password protected)
smallbusiness

Easy access to the previously published SBRA library.

change

Unclaimed Funds Reminder

(Not password protected)

Click below for the new Director’s Form and/or instructions or check your local rules for new forms. This is effective NOW.

irs

From the IRS

(Not password protected)

2020 Standard Mileage Rates – Note that this is a decrease in business and medical/moving.

  • 57.5 cents per mile driven for business use, down one half of a cent from the rate for 2019,
  • 17 cents per mile driven for medical or moving purposes, down three cents from the rate for 2019, and
  • 14 cents per mile driven in service of charitable organizations
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)