September 25, 2017
Archives
burden

December 1, 2017 Rules Changes – Part I

Claims: New Bar Dates and Other Requirements

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
ahern_larryAs you know, the Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes individually.

Part 1 of the series describes the new rules related to claims bar dates and related issues.

tangledwebs

Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Webs We Weave

By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
parrish

Loss of Purchase-Money Protection in 1325 Cramdowns – Follow-Up

By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
ahern_larryClick here for Part I

Click here for Part II

Click here for Part III

The Academy received a follow-up question regarding this series and we are pleased to post the Q & A:

Q: What is your opinion on a subsequent loan that is cross-collateralized with a 910 loan?

A: While ‘opinion’ is a strong word, here’s the response: “The drafters of Article 9 in 2001 left the question open for courts to follow existing law, or not. See Part 1 of the series. So, if there has not been a decisive ruling in the jurisdiction since 2001, you should be free to argue either way.”

community

Conduit Trusteeships

Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit

Changes have been made to South Carolina and the Western District of Texas.

irs

Disaster Related

(Not password protected)

All of Georgia Now Eligible for Disaster Tax Relief

Hurricane Irma victims in the entire state of Georgia now have until Jan. 31, 2018, to file certain individual and business tax returns and make certain tax payments.
creditblocks

From Our Friends at Credit Slips

(Not password protected)
cfpb

From the CFPB

(Not password protected)
CFPB Amends Rules to Provide Flexibility and Clarity to Certain Mortgage Lenders in Collecting Information – Bureau Also Seeks Public Comment on Proposal for Disclosure of Mortgage Data

The CFPB modified Equal Credit Opportunity Act (ECOA) regulations to provide additional flexibility for mortgage lenders in the collection of consumer ethnicity and race information.

Click here for the final rule on ECOA issued 9/20/17.

detective
IN CASE YOU MISSED IT . . . The Academy has an excellent resource . . .

Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy

Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
September 18, 2017
Archives
parrish

Loss of Purchase-Money Protection in 1325 Cramdowns – Part III

By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA)
“Prompted by recent bankruptcy court decisions, the purpose of this multi-part article is to review the rules under § 1325 and the UCC and help practitioners understand this arcane area.”
In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.
In Part II, he discusses two recent cases that favored the debtor (one in a surprising way).
community

Conduit Trusteeships

Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
Changes have been made to South Carolina and the Western District of Texas.
disasterrelated

Disaster Related

(Not password protected)

Harvey’s Hit to Mortgages Could Be Four Times Worse Than Predicted—and Then There’s Irma

  • As many as 300,000 borrowers could become delinquent on their loans after Hurricane Harvey, Black Knight Financial Services says.
  • That is four times the original prediction because new disaster zones were designated and more homes flooded.
  • The sheer volume of homes hit by Hurricane Irma will likely cause an increase in mortgage delinquencies as well, though the storms are difficult to compare.
doj

From the UST

Trusteeship Opening

(Not password protected)
Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017
uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Toledo, Ohio
Application Deadline: September 29, 2017

Career Law Clerk Opening – Columbus, Ohio
Application Deadline: September 22, 2017

blog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
purdy-bill

IN CASE YOU MISSED IT . . .

When Mortgage Lenders Monkey With Your Client’s Loan

By William J. Purdy, III, Simmons & Purdy (Soquel, CA) (Used with permission, originally published by BankruptcySoapbox.com 2017)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
September 11, 2017
Archives
hurricaneirma Florida, Georgia, Alabama, Texas, Louisiana, and Puerto Rico:  Our thoughts and prayers are with you. Our hearts go out to all those touched by this series of hurricanes – both directly or indirectly.

Disaster Related

(Not password protected)
  • IRS Urges Taxpayers to Prepare for Hurricanes, Floods and Other Disasters
    For September’s National Preparedness Month, the IRS offers advice to taxpayers who may be affected by storms, fires, floods or other disasters reminding them that the agency is here to help, including offering a special toll-free number (866-562-5227) to taxpayers in federally-declared disaster areas that’s staffed with IRS specialists trained to handle disaster-related issues.
ahern_larry

Loss of Purchase-Money Protection in 1325 Cramdowns – Part II

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.In this Part II, he will discuss two recent cases that favored the debtor (one in a surprising way).Next week, in Part III, Christina Parrish will set up a complex fact situation and provide a roadmap for the debtor to show that a PMSI no longer exists, when a subsequent transaction operates to extinguish the PMSI, thereby allowing a “cram-down.”
doj

From the UST

Trusteeship Opening

(Not password protected)
Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017
uscourts

From the Bankruptcy Courts

(Not password protected)

Term Law Clerk Opening – Toledo, Ohio
Application Deadline: September 29, 2017

Career Law Clerk Opening – Columbus, Ohio
Application Deadline: September 22, 2017

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
blog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
September 4, 2017
Archives

happylaborday

hurricaneharvey Corpus Christi, Houston, Orange, Rockport, San Antonio, Beaumont, Spring, Refugio, Clodine, Aransas Pass, Dickinson, Rosenberg, Pearland, Fulton, Katy, Alvin, Friendswood, League City, Pasadena, Seabrook, Lumberton, Webster, Port Arthur, and all the towns and cities in between, our thoughts and prayers are with you. Our hearts go out to all those touched by Harvey – directly or indirectly.
doj

From the UST

Trusteeship Opening

(Not password protected)
Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017
community

Conduit Trusteeships

Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
burden

In the “Greatest Hits” Category

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
blog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Loss of Purchase-Money Protection in 1325 Cramdowns – Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
August 28, 2017
Archives
ahern_larry

Loss of Purchase-Money Protection in 1325 Cramdowns –

Part I

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
morgan-king

From Morgan King’s Guide to Abusive Debt Collection Practice

¶ 3.1(b) The TelephoneIn Abrams v. MiraMed Revenue Grp., LLC (S.D. Ind., 2013) the debtor claimed the debt collector contacted her notwithstanding the collector knew or should have known that the debtor was represented by counsel and violated 15 U.S.C. § 1692c(a)(2).
community

Conduit Trusteeships

Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
new

PLANS ANYONE?

(Not password protected)
blog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor.
August 21, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor.
heatherheyer

Heather Heyer, Charlottesville Victim, Is Recalled as ‘a Strong Woman’

The Academy extends our deepest sympathy to our friends in the consumer bankruptcy community at Miller Law Group in Charlottesville, VA, where Ms. Heyer was a paralegal.Click here for follow-up Washington Post article
bankruptcycourt

From the Courts

(Not password protected)
Preliminary Draft of Proposed Amendments to the Federal Rules of Appellate, Bankruptcy (page 29-53), and Criminal Procedure, the Federal Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
blackcar

There’s Always a Car

(Not password protected)
irs

From the IRS

(Not password protected)
playbook

For Your Blog

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

IN CASE YOU MISSED IT . . .

When Mortgage Lenders Monkey With Your Client’s Loan

(Used with permission, originally published by BankruptcySoapbox.com 2017)

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
August 14, 2017
Archives
purdy-bill

When Mortgage Lenders Monkey With Your Client’s Loan

(Used with permission, originally published by BankruptcySoapbox.com 2017)

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)
Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
hildebrand

Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Bankruptcy courts have the discretion to permit debtors to cure deficiencies in their Chapter 13 plans even if in doing so, the Chapter 13 plan exceeds 60 months from the date of first payment.
bankruptcycourt

From the Courts – Position Announcement

(Not password protected)
Clerk of Court Roanoke, VA
Application Deadline: August 18, 2017
doj

From the UST – Trusteeship Opening

(Not password protected)
Standing Trustee for the District of New Mexico – Albuquerque
Application Deadline: August 18, 2017
alligator

From Our Friends at Credit Slips

(Not password protected)
tvantenna

Millennials Find Gold . . . Well Sort Of

(Not password protected)
piggybank

For Your Blog

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

IN CASE YOU MISSED IT . . .

Replacement Value or Foreclosure Value – Does Use of Collateral Matter?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“This case involved a Chapter 11 plan. However, debtors can use this case involving Chapter 13 plans when using the cram down provision under §506(a) and argue the secured value of collateral should be based on the proposed use in the plan.”This case may also be of interest to creditors.
August 7, 2017
Archives
hollydavala

Replacement Value or Foreclosure Value – Does Use of Collateral Matter?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“This case involved a Chapter 11 plan. However, debtors can use this case involving Chapter 13 plans when using the cram down provision under §506(a) and argue the secured value of collateral should be based on the proposed use in the plan.”This case may also be of interest to creditors.
ahern_larry

Can a Chapter 13 Debtor Have Standing to Pursue Avoidance Actions? A Path May Remain Open for Debtor’s Counsel

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
“What if the debtor wants to avoid a transfer and does not believe his or her concerns are being adequately addressed by the trustee? Can the debtor pursue an avoidance action?”
bankruptcycourt

From the Courts – Position Announcement

(Not password protected)
Clerk of Court Roanoke, VA
Application Deadline: August 18, 2017
doj

From the UST – Trusteeship Opening

(Not password protected)
Standing Trustee for the District of New Mexico – Albuquerque
Application Deadline: August 18, 2017
eyes

Take a Look at This

(Not password protected)
Ever heard of the McKinney–Vento Homeless Assistance Act?“. . . the McKinney-Vento Act also ensures homeless children transportation to and from school free of charge, allowing children to attend their school of origin (last school enrolled or the school they attended when they first became homeless) regardless of what district the family resides in.”It appears that this provision could apply to families who have recently been forced to move due to foreclosure.“Subtitle B: Education for Homeless Children and Youth – States that it is the policy of the Congress that State educational agencies shall assure that homeless children have access to free public education, by revising residency requirements as appropriate.”
cfpb

From the CFPB

(Not password protected)

CFPB Warns Companies Against Tricking Consumers Into Expensive Pay-By-Phone Fees

Bureau Concerned About Companies Misleading Consumers About Pay-By-Phone Fees, Keeping Them in the Dark About Much Cheaper Options
irs

From the IRS

(Not password protected)

Tips to Keep in Mind for Taxpayers Traveling for Charity

During the summer, some taxpayers may travel because of their involvement with a qualified charity. These traveling taxpayers may be able to lower their taxes.
changesahead

New Plans Anyone?

(Not password protected)
burden

IN CASE YOU MISSED IT . . .

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Check this out . . . Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
July 31, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Section 522(f) is effective immediately to treat as unsecured a judgment lien held by a creditor, but the full effect of that lien release is not available until the Chapter 13 case completes.”
burden

Quick Reference Guide to 2017 Changes to the Federal Rules of Bankruptcy Procedure Affecting Chapter 13 Cases

By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Check this out . . . Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
coldcase

Cold Case: Bankruptcy Reopened More Than 80 Years Later

(Not password protected)
(Not a Chapter 13 but still an interesting story)
graphdown

By the Numbers

(Not password protected)
irs

From the IRS

(Not password protected)
A possible item for debtor’s attorneys blog or social media

Taxpayers Should Review Their Withholding; Avoid Having Too Much or Too Little Federal Income Tax Withheld

community

Conduit TrusteeshipsNEW REVISIONS as of 7/20/17

Click here for the recently updated list of Trusteeships which are (and are not) primarily pay mortgage payments through the trustee’s office – i.e. Conduit – The Northern District of Texas is now conduit.
nytaxicab
A popular link worth repeating . . .

Uber, Lyft Take Down Not Just Cab Drivers, But Also Lenders

(Not password protected)
“Many of them now owe more on their medallion loans than they originally paid for the medallions because they used their equity in the medallion for a home, a child’s education or other expenses.”Are you seeing this in your region? Tell us about it.
debt

Student Loan Chronicles

(Not password protected)
ahern_larry

IN CASE YOU MISSED IT . . .

What’s in a Name? Determining the “Correct” Name for Non-UCC Filings Securing Bankruptcy Claims

Lawrence R. Ahern III, Brown & Ahern (Nashville, Tennessee)
A recent case reminds us that courts continue to wrestle with the “correct” name in which filings should be made to perfect liens on personal property.
July 24, 2017
Archives
ahern_larry

What’s in a Name? Determining the “Correct” Name for Non-UCC Filings Securing Bankruptcy Claims

Lawrence R. Ahern III, Brown & Ahern (Nashville, Tennessee)
A recent case reminds us that courts continue to wrestle with the “correct” name in which filings should be made to perfect liens on personal property.
cmoran

The Hazards of Self Employment in Chapter 7

Why would a Chapter 7 trustee shut down a proprietorship business with no value? – That question comes up again and again . . . who can’t imagine that a trustee would demand the closing of the debtor’s business. After all … the debtor needs to make a living . . . – The trustee’s insistence on closing the business is more understandable when you hear this nightmare. . . .
hayes

US Bank NA v. The Village at Lakeridge, LLC

By M. Jonathan Hayes, Simon Resnik Hayes LLP (Sherman Oaks, CA)
Issue: When an insider sells its claim, is the buyer treated as an insider for chapter 11 voting purposes? Was the transfer of the claim here in bad faith? Supreme Court to hear case this Fall. Petitioner’s brief filed.
community

Conduit TrusteeshipsNEW REVISIONS as of 7/20/17

Click here for the recently updated list of Trusteeships which primarily pay mortgage payments through the trustee’s office – i.e. Conduit – The Northern District of Texas is now conduit.
nytaxicab

Uber, Lyft Take Down Not Just Cab Drivers, But Also Lenders

(Not password protected)
“Many of them now owe more on their medallion loans than they originally paid for the medallions because they used their equity in the medallion for a home, a child’s education or other expenses.”Are you seeing this in your region? Tell us about it.
debt

Student Loan Chronicles

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Information gleaned from questions included on a debtor’s counsel’s questionnaire for a potential client can be protected by the attorney-client privilege and not subject to discovery by an opposing party.
July 17, 2017
Archives

SeattlePic

Shout Out to All NACTT Attendees and Speakers

A very special thank you to our esteemed guests Professors Yochum, Dowling, and
Porter. A great educational opportunity but additionally a lot of fun!!! Example above – Mike Meyer, Lon Jenkins, Rick Yarnall & our very own Naliko (like Cher & Madonna, he needs no last name!).

Make plans NOW to attend NACTT 2018 in Miami, Florida – note the early date: JUNE 27-30.

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Information gleaned from questions included on a debtor’s counsel’s questionnaire for a potential client can be protected by the attorney-client privilege and not subject to discovery by an opposing party.
irs

From the IRS

(Not password protected)

Members of the Armed Forces Get Special Tax Benefits

Members of the military may qualify for tax breaks and benefits. Special rules could lower the tax they owe or give them more time to file and pay taxes. In addition, some types of military pay are tax-free.
community

Conduit Trusteeships

Exclusive and recently updated list of Trusteeships which do (and do not) primarily pay mortgage payments through the trustee’s office – i.e. Conduit
reidy

IN CASE YOU MISSED IT . . .

What Is ‘Under the Plan’ Anyway?

By Maggie Reidy, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
. . . Court considered whether the debtors were eligible for a Chapter 13 discharge despite their failure to remain current on their postpetition mortgage payments. . .
July 10, 2017
Archives
burden

Take Note: Tools for Annotating PDF Seminar Materials

By Beverly M. Burden, Chapter 13 Trustee for the Eastern District of Kentucky
As many of us will be attending the NACTT annual seminar next week in Seattle, a timely article.Taking notes during seminar presentations is not as easy as jotting something in the margin or highlighting a case on a paper handout, unless you learn the tools available to annotate PDF handouts.
reidy

What Is ‘Under the Plan’ Anyway?

By Maggie Reidy, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
. . . Court considered whether the debtors were eligible for a Chapter 13 discharge despite their failure to remain current on their postpetition mortgage payments. . .
community

Conduit Trusteeships

Click here for the recently updated list of Trusteeships which do (and do not) primarily pay mortgage payments through the trustee’s office – i.e. Conduit
wisdomoffinance

The Wisdom of Finance

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
creditblocks

For Your Blog

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
ahern_larry

IN CASE YOU MISSED IT . . .

Henson v. Santander Consumer USA

By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
What’s left for debtors and trustees to say to a repo man under the FDCPA?
July 3, 2017
Archives

july2-2

ahern_larry

Henson v. Santander Consumer USA

By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
What’s left for debtors and trustees to say to a repo man under the FDCPA?
boltz

Income Driven Repayment Plans in Chapter 13

By Ed Boltz, The Law Offices of John T. Orcutt (Durham, NC)
“After fears of discharge through a Confirmation Order, the second greatest concern of the Department of Education appears to be that this plan is a devious attempt to trick student loan servicers into violating the automatic stay.”
nactt2017

ABI Commission on Chapter 13 Invites Participation

ABI has announced the formation of a Commission on Consumer Bankruptcy. Click here for a list of topics to be examined by the Commission. ABI has also extended an invitation to participate in a Public Meeting to be held July 15 from 4:00 – 5:30 PM during the 2017 NACTT Annual Seminar at the Sheraton Seattle Hotel, Seattle, Washington.To request a time for a public statement or to submit a written statement, email the Commission at ConsumerCommission@abiworld.org.Click here for Notice to ParticipateClick here to register for the conference.
community
CONSUMER BANKRUPTCY COMMUNITY NEEDS YOUR HELP
Thank you to everyone we heard from – Please re-check new draft

Conduit or Not

Attached is a chart prepared in 2012 showing which trustees are and are not conduit trusteeships. Please review the attached list and send The Academy any corrections. Thank you for your assistance.
supremecourt

From the Supreme Court

(Not password protected)
kim

From the Courts

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Welcome back Ms. Ps & Qs . . . she brings us a doozy!You know you’re about to read an in-depth sanctions opinion when it begins like this: Frustration and disappointment.
June 26, 2017
Archives
leffler

When Things Don’t Go According to the Plan

The Shifting Sands of Res Judicata in the Fourth Circuit Part 2 of 2

By Mark C. Leffler and Emily Connor Kennedy
emily-connor-kennedy“Recently, debt collectors have had reasons to celebrate.”Click here for Part 1
nactt2017

ABI Commission on Chapter 13 Invites Participation

ABI has announced the formation of a Commission on Consumer Bankruptcy. Click here for a list of topics to be examined by the Commission. ABI has also extended an invitation to participate in a Public Meeting to be held July 15 from 4:00 – 5:30 PM during the 2017 NACTT Annual Seminar at the Sheraton Seattle Hotel, Seattle, Washington.To request a time for a public statement or to submit a written statement, email the Commission at ConsumerCommission@abiworld.org.Click here for Notice to ParticipateClick here to register for the conference.
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Welcome back Ms. Ps & Qs . . . she brings us a doozy!You know you’re about to read an in-depth sanctions opinion when it begins like this: Frustration and disappointment.
community

CONSUMER BANKRUPTCY COMMUNITY NEEDS YOUR HELP

Conduit or Not

Attached is a chart prepared in 2012 showing which trustees are and are not conduit trusteeships. Please review the attached list and send The Academy any corrections. Thank you for your assistance.
upgraph

By the Numbers

(Not password protected)
ahern_larry

IN CASE YOU MISSED IT . . .

Claims in Chapter 13 Revisited: What’s a creditor to do? What’s a debtor (or trustee) to watch for? Part 2 of 2

By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
Last month, the Academy presented a discussion by Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway, entitled “Withdrawal of Timely Filed Claims…What’s a Trustee to Do?” Now, in two more parts, we back up to ask some related questions.In Part 2, we ask: Why would a debtor or trustee object? Then, to bring the discussion full circle, why would the creditor not want to file a claim or want to withdraw a previously-filed claim? Finally, how is a claim withdrawn?Click here for Part 1 of 2 – Part 1: Why would a creditor file a claim and how? We also will consider how the debtor or trustee would object.
June 19, 2017
Archives
nactt2017

ABI Commission on Chapter 13 Invites Participation

The American Bankruptcy Institute has announced the formation of a Commission on Consumer Bankruptcy. Click here for a list of topics to be examined by the Commission. The ABI has also extended an invitation to participate in a Public Meeting to be held during the 2017 NACTT Annual Seminar on July 15 from 4:00 – 5:30 PM in the Sheraton Seattle Hotel, Seattle, Washington.Click here for Notice to ParticipateClick here to register for the conference.
leffler

When Things Don’t Go According to the Plan

The Shifting Sands of Res Judicata in the Fourth Circuit Part 1 of 2

By Mark C. Leffler and Emily Connor Kennedy
fortIn our reoccurring topic “When things Don’t Go According to the Plan,” attorneys Mark Leffler and Emily Connor Kennedy bring us Part 1 of a 2 part article . . .“. . . This expansive language sent shock waves through Chapter 13 practice in the Fourth Circuit. The holding appeared to bar not just the affirmative claims for damages under Rule 7001(1) but any “statutory objection” after confirmation. . . .”
ahern_larry

Claims in Chapter 13 Revisited: What’s a creditor to do? What’s a debtor (or trustee) to watch for? Part 2 of 2

By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
Last month, the Academy presented a discussion by Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway, entitled “Withdrawal of Timely Filed Claims…What’s a Trustee to Do?” Now, in two more parts, we back up to ask some related questions.In Part 2, we ask: Why would a debtor or trustee object? Then, to bring the discussion full circle, why would the creditor not want to file a claim or want to withdraw a previously-filed claim? Finally, how is a claim withdrawn?Click here for Part 1 of 2 – Part 1: Why would a creditor file a claim and how? We also will consider how the debtor or trustee would object.
blog

For Your Blog

(Not password protected)

Either may be a good topic for your blog or other social media communications:

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A confirmed Chapter 13 plan can substitute for a filed proof of claim and can bind the trustee to making distributions in accordance with that plan when the order recognizes a claim as “allowed.”“ . . . The rules will change on December 1, 2017, specifically recognizing that both secured and unsecured creditors must file proofs of claim in order to ensure that they hold an allowed claim. . . .”
June 12, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A confirmed Chapter 13 plan can substitute for a filed proof of claim and can bind the trustee to making distributions in accordance with that plan when the order recognizes a claim as “allowed.”“ . . . The rules will change on December 1, 2017, specifically recognizing that both secured and unsecured creditors must file proofs of claim in order to ensure that they hold an allowed claim. . . .”
ahern_larry

Claims in Chapter 13 Revisited: What’s a creditor to do? What’s a debtor (or trustee) to watch for? Part 1 of 2

By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
Last month, the Academy presented a discussion by Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway, entitled “Withdrawal of Timely Filed Claims…What’s a Trustee to Do?” Now, in two more parts, we back up to ask some related questions.Here, in Part 1, we ask: Why would a creditor file a claim and how? We also will consider how the debtor or trustee would object.In Part 2, we will ask: Why would a debtor or trustee object? Then, to bring the discussion full circle, why would the creditor not want to file a claim or want to withdraw a previously-filed claim? Finally, how is a claim withdrawn?
cmoran

Proofs of Claim, Res Judicata, and a Good Night’s Sleep

By Cathy Moran, Esq. Moran Law Group, Mountain View, CA
“One of the things that keeps me troubled at night is the preclusive effect of a filed proof of claim.”See Also:Speaking of sleepless nights, if you ever think you’re having a bad day as an attorney – imagine getting the phone call about this little slip up!:GM Creditors’ $1 Billion Fight Hangs on Fixture Definition – Lawyer Filed Wrong Form in 2008, Leading to $1 Billion Dispute
creditscores

Follow-Up on Credit Scores

(Not password protected)
detective

FREE Webinar Viewing: Reviewing an Escrow Analysis the Second Year of Bankruptcy

When this webinar was originally presented, the Academy had technical difficulties and several people who had registered were not able to log in.As promised, Reviewing an Escrow Analysis the Second Year of Bankruptcy is now available for viewing with NO PASSWORD through June 12th. Enjoy.
crawford

From the Courts

(Not password protected)
Historic Changes on the Bankruptcy Bench in Alabama Check out article beginning on page 13 . . . specifically page 19 . . .
gindin

Passing of Judge

(Not password protected)
car

There’s Always a Car

(Not password protected)
siomos

IN CASE YOU MISSED IT . . .

Breaking Down the Flaws in the Arguments Against Interest to Unsecured Creditors Under § 1325(b)

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
“While recognizing the apparent absurdity of the debate, it must be acknowledged that there is a legitimate question of how the structuring of the phrase impacts its meaning within § 1325.”
June 5, 2017
Archives
siomos

Breaking Down the Flaws in the Arguments Against Interest to Unsecured Creditors Under § 1325(b)

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
“While recognizing the apparent absurdity of the debate, it must be acknowledged that there is a legitimate question of how the structuring of the phrase impacts its meaning within § 1325.”
boltz

Student Loan Chronicles EXTRA

Income Driven Repayment Plans in Chapter 13

By Ed Boltz, The Law Offices of John T. Orcutt (Durham, NC)
“After fears of discharge through a Confirmation Order, the second greatest concern of the Department of Education appears to be that this plan is a devious attempt to trick student loan servicers into violating the automatic stay.”
detective

FREE Webinar Viewing: Reviewing an Escrow Analysis the Second Year of Bankruptcy

When this webinar was originally presented, the Academy had technical difficulties and several people who had registered were not able to log in.As promised, Reviewing an Escrow Analysis the Second Year of Bankruptcy is now available for viewing with NO PASSWORD until June 12th. Enjoy.It is definitely worth the watch.
creditscores

Recovery of Credit Scores

(Not password protected)
law

There’s Gotta Be a Law . . .

(Not password protected)
May 29, 2017
Archives

LAST CHANCE AT DISCOUNTED PRICE

nactt2017-banner

REGISTER NOW

May 1st Discounted Pricing Extended Through May 31st

thankyouservice

HEADQUARTERS GRAND ARMY OF THE REPUBLIC – General Orders No.11, WASHINGTON, D.C., May 5, 1868

“The 30th day of May, 1868, is designated for the purpose of strewing with flowers or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet church-yard in the land. . . .”

“If other eyes grow dull, other hands slack, and other hearts cold in the solemn trust, ours shall keep it well as long as the light and warmth of life remain to us.”

Originally called Decoration Day designated to honor those who served in the Civil War, our modern Memorial Day honors all American soldiers who have died in service to their country.

We must NEVER forget.

detective

Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy

On Friday April 14th when this webinar was originally presented, the Academy had technical difficulties and several people who had registered were not able to log into the software. As promised, Reviewing an Escrow Analysis the Second Year of Bankruptcy is now available for viewing with NO PASSWORD until June 12th. Enjoy. It is definitely worth the watch.
americanflag

The ACA and Bankruptcy

(Not password protected)
cmoran

Bankruptcy: A Disruption in the Force Part 1

By Cathleen Cooper Moran, Moran Law Group, Mountain View, CA

In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.

“The intersection of Bankruptcy and Family Law can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. There are an almost infinite number of combinations of timing and facts when these two areas of law collide . . .”

Click here for Part II

briefbank

Brief Bank Additions

  • Peake v. Ayobami – Appellant’s brief seeking reversal of Bankruptcy Court decision regarding misapplication of Form 106C.
  • Peake v. Ayobami – Reply brief
irs

From the IRS

(Not password protected)

A note to all taxpayers – Taxpayers should keep a copy of their tax return. Beginning in 2017, taxpayers using a software product may need their Adjusted Gross Income (AGI) amount from their prior-year tax return to verify their identity.

What to Do When an IRS Letter Arrives in the Mail

uscourts

From the Courts

(Not password protected)

Jasper County Judge Moving to Federal Bench

A Jasper County judge has been appointed to the bench in the United States Bankruptcy Court for the Northern District of Indiana.
May 22, 2017
Archives

nactt2017-banner

NACTT Extends Special Offer for Seattle Conference Registration
May 1st Discounted Pricing Extended Through May 31st

REGISTER NOW

Bill-Brown

From the Editor – Co-Debtor Stay and Standing

By The Honorable William Houston Brown (Retired)

Judge Brown brings two cases to our attention this week – one on co-debtor stay and one on standing:

briefbank

Brief Bank

  • Peake v. Ayobami – Appellant’s brief seeking reversal of Bankruptcy Court decision regarding misapplication of Form 106C.
  • Peake v. Ayobami – Reply brief
mortgagematters

Mortgage Matters Feature

(Not password protected)
socialsecurity

For Your Blog

(Not password protected)

For Your Blog contains articles, particularly debtor attorneys, might want to use as filler content for website or blog.

imabill

Student Loan Chronicles Supplement

(Not password protected)

H.R.2366 – Discharge Student Loans in Bankruptcy Act of 2017On 5/4/17 Rep. John Delaney of Maryland cosponsored a short but sweet bill, which if enacted, will do just what the title says.Click here for the text of the bill

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Where the debtors’ proof of loss to an insurance company significantly exceeds the amounts and list of property included on the debtors’ Chapter 13 petition, it was appropriate to cancel the entire insurance policy.”
May 15, 2017
Archives

nactt2017-banner

NACTT Extends Special Offer for Seattle Conference Registration
May 1st Discounted Pricing Extended Through May 31st

REGISTER NOW

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Where the debtors’ proof of loss to an insurance company significantly exceeds the amounts and list of property included on the debtors’ Chapter 13 petition, it was appropriate to cancel the entire insurance policy.”
dancemoms

In a continuation of the theme above in which cheaters never win . . .

(Not password protected)
newrule

Worth Repeating . . .

New Rule Changes

(Not password protected)
Finally, the changes are final: EC-1497. A communication from the Chief Justice of the Supreme Court of the United States, transmitting, pursuant to law, the amendments to the Federal Rules of Bankruptcy Procedure (rules begin on page 4) that have been adopted by the Supreme Court of the United States; to the Committee on the Judiciary. Page S2773From Lexology: New Bankruptcy Rules to Take Effect December 1, 2017
uscourt

More Trustee Openings From the U.S. Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

  • District of Connecticut – Application Due Date May 31st
farmimg

Family Farmers

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
marshabrown

IN CASE YOU MISSED IT . . .

Withdrawal of Timely Filed Claims…What’s a Trustee to Do?

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“What happens when a creditor files a timely, allowed claim, the Trustee commences disbursement on the claim, but the creditor has a change of heart and subsequently withdraws its claim?!?”
May 8, 2017
Archives
marshabrown

Withdrawal of Timely Filed Claims…What’s a Trustee to Do?

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“What happens when a creditor files a timely, allowed claim, the Trustee commences disbursement on the claim, but the creditor has a change of heart and subsequently withdraws its claim?!?”
newrule

New Rule Changes

(Not password protected)
Finally, the changes are final: EC-1497. A communication from the Chief Justice of the Supreme Court of the United States, transmitting, pursuant to law, the amendments to the Federal Rules of Bankruptcy Procedure (rules begin on page 4) that have been adopted by the Supreme Court of the United States; to the Committee on the Judiciary. Page S2773From Lexology: New Bankruptcy Rules to Take Effect December 1, 2017
emoji

Interesting New Study

(Not password protected)
Surveying the Law of EmojisWhile not specific to bankruptcy, this paper is forward looking regarding an issue we will no doubt see in the future even in bankruptcy cases – emojis of all things!
uscourt

More Trustee Openings From the U.S. Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

  • District of Connecticut – Application Due Date May 31st

Chapter 7 Panel Trustee Advertisements

  • Northern District of Ohio, Eastern Division (Cleveland) – Application Due Date May 19th
  • Southern District of Georgia, Savannah and Statesboro Divisions – Application Due Date May 12th
Robert Thomas

Meet the New Trustee

(Not password protected)
By Academy Staff
On October 1, 2016, Robert S. Thomas, II, was appointed as the Chapter 13 and Chapter 12 Standing Trustee for the District of Maryland, Baltimore Division with offices in Townson.
aca

The ACA and Bankruptcy

(Not password protected)
WebinarGraphic

FREE WEBINAR – This Wednesday 11:30 Eastern/10:30 Central/9:30 Mtn/8:30 PacificRegister NOW

Ethical Attorney Practices in Social Media

bsummerplamosThe Academy is pleased to present Professor B. Summer Chandler of Georgia State University College of Law and Attorney Phil Lamos, Chief Legal Counsel to Chapter 13 Trustee Craig Shopneck, in an ethics program on how to navigate social media. They will answer questions such as:

  • Do attorneys/trustees have a duty to investigate the online presence of debtors?
  • How should/must an attorney respond to statements made by clients online?
  • Should attorneys give advice regarding online presence to try to avoid future issues?
  • And more.
May 1, 2017
Archives
leo-spanos

To Participate or Not, That Is the Question – Dealing With Pro-Per Bankruptcy Filers: When Should The Chapter 13 Trustee Participate In An Appeal Even If The Outcome Is A Foregone Conclusion

By Leo G. Spanos, Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee (Oakland Division, CA)
Although the facts of the case (not to mention Spanos’ portrayal of same) are somewhat humorous, Attorney Spanos brings a great reminder that even the most ludicrous case demands professional attention.
ahern_larry

Based on Limited Jurisdiction, the Second Circuit Limits Claims of Tronox Mass Tort Victims to a Trust

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Although a business case, “Its decision is a primer on bankruptcy jurisdiction at the circuit level, . . .”
uscourt

More Trustee Openings From the U.S. Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

  • District of Connecticut – Application Due Date May 31st

Chapter 7 Panel Trustee Advertisements

  • Northern District of Ohio, Eastern Division (Cleveland) – Application Due Date May 19th
  • Southern District of Georgia, Savannah and Statesboro Divisions – Application Due Date May 12th
nclc

From NCLC

(Not password protected)
The National Consumer Law Center invites you to submit a nomination for the 3rd annual NCLC Rising Star Award
debt

Student Loan Chronicles

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It is appropriate for the court to extend the scope of the automatic stay to protect wholly owned, nondebtor business entities controlled by the debtor to assist the debtor’s Chapter 13 reorganization by halting the “alter ego” litigation against them.
April 24, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It is appropriate for the court to extend the scope of the automatic stay to protect wholly owned, nondebtor business entities controlled by the debtor to assist the debtor’s Chapter 13 reorganization by halting the “alter ego” litigation against them.
gustafson

Snappy Answers to Questionable Arguments

By John P. Gustafson, Judge, United States Bankruptcy Court, Northern District of Ohio, Western Division of Ohio (Toledo)
“Chapter 13 Staff Attorney or Trustee: Your Honor, the trustee moves to deny confirmation based upon the Debtor’s failing to put all of her disposable income into the Plan.”We are pleased to have a short piece from an Academy favorite author, Judge Gustafson. Additionally, just for fun, take a glimpse at another side of Judge Gustafson:Bankruptcy and Naturalization – Two Uniform National Laws With a Fresh Start
purdy-bill

Loan Modification Struggle Continues After Acceptance

By William J. “Bill” Purdy, III, Law Office of Simmons & Purdy (Soquel, CA)
“For all of you who stressed, strained, fretted, wheedled, worried, fought, kicked, and even gouged to finally wrest a loan modification from the lender/servicer that controls your client’s home loan, I have a message.The fight may not be over.”Although originally written directed to consumers, this piece is a must-read for all attorneys/staff who work with loan modifications. (Used with permission, originally published by BankruptcySoapbox.com 2017)
writingcontest

NACTT Law Student Writing Contest Deadline APRIL 30th

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student with whom you come in contact.
supremecour

Supreme Court Corner

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
uscourt

From the United States Courts

(Not password protected)
HollyDavala

From the Archives

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

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

IN CASE YOU MISSED IT . . .

Dead Debtors and Other Consequences of Czyzewski v. Jevic Holding Corp. in Consumer Cases

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, Tennessee)
“The Supreme Court has now clarified the boundaries of this shortcut to reorganization . . .”NEW THIS WEEK:Jevic: Law Firm Perspectives (Not password protected)Supreme Court Ruling Draws a Vague Line in Bankruptcy Cases
April 17, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part IV of IV

By M. Jonathan Hayes, Simon Resnik Hayes, LLP (Sherman Oaks, CA)
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”The conclusion of this series begins with Butner v. US and concludes with Stern v. Marshal.Click here for Part IClick here for Part IIClick here for Part III
Diana Daugherty

Meet the New Trustee

(Not password protected)

Due to the retirement of Jack LaBarge, the Eastern District of Missouri has a new Trustee. Meet Diana Daugherty.
writingcontest

NACTT Law Student Writing Contest Deadline Approaches

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student with whom you come in contact.
helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 12 Standing Trustee AdvertisementsDue Date: April 21, 2017
Location: District of KansasChapter 7 Panel Trustee AdvertisementsLocation: Eastern District of Tennessee, primarily in the Southern Division at Chattanooga
Due Date: April 30, 2017Location: Northern District of Mississippi, primarily Greenville and Oxford Divisions
Due Date: April 30, 2017
April 10, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part III of IV

By M. Jonathan Hayes, Simon Resnik Hayes, LLP (Sherman Oaks, CA)
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”Part three of this four-part series looks at the next six cases in Attorney Hayes article beginning with Shapiro v. Wilgus.Click here for Part IClick here for Part II
Sabrina McKinney

Meet the New Trustee

(Not password protected)

Sabrina McKinney, Middle District of Alabama (Montgomery)

McKinney is not your typical trustee. In half of her life she is in suits complete with hose and heels and in the other half she is in jeans, t-shirts, and cowgirl boots – and not the cute shiny ones – the ones complete with a little manure!
shoppingmall

Retail Woes

(Not password protected)
mortgagewebinar

Academy Webinars

Register now . . .

Reviewing An Escrow Analysis the Second Year of Bankruptcy

This Friday-April 14th beginning at 2:00 Eastern/1:00 Central/12:00 Mtn/11:00 Pacific

And from the archives:

Demystifying Mortgage Escrow

Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff, but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation. Not an Academy member . . . this is only one of the many resources you are missing. JOIN NOW!
helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 12 Standing Trustee AdvertisementsDue Date: April 21, 2017
Location: District of KansasChapter 7 Panel Trustee AdvertisementsLocation: Eastern District of Tennessee, primarily in the Southern Division at Chattanooga
Due Date: April 30, 2017Location: Northern District of Mississippi, primarily Greenville and Oxford Divisions
Due Date: April 30, 2017

From the United States Courts

(Not password protected)
Clerk of Court for the District and Bankruptcy CourtsLocation: Boise, ID
Due Date: April 21, 2017Clerk of CourtLocation: Albuquerque, NM
Due Date: May 1, 2017
irs

Basic Tax Tips for the Sharing Economy

(Not password protected)
Vocabulary Phrase of the Week“Sharing Economy” what the heck is that?Although the IRS notice doesn’t say so, the Sharing Economy is Airbnb, Uber, Uber Eats, Lyft, Etsy, and Rentcharlie to name a few.Google defines Sharing Economy as an economic system in which assets or services are shared between private individuals, either free or for a fee, typically by means of the Internet.Now you know.
ahern_larry

IN CASE YOU MISSED IT . . .

The Law of Unintended Consequences

This is the first of what we expect will become a regular series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved.If you have suggestions for future comments, please send them to the author at LAhern@BrownAhern.com.

Dead Debtors and Other Consequences of Czyzewski v. Jevic Holding Corp. in Consumer Cases

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, Tennessee)
“The Supreme Court has now clarified the boundaries of this shortcut to reorganization . . .”See also:No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences
April 3, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part II of IV

By M. Jonathan Hayes

“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”

Part two of this four-part series looks at Dean v. Davis, Chicago Board of Trade v. Johnson, and Cunningham v. Brown.

ahern_larry

The Law of Unintended Consequences

This is the first of what we expect will become a regular series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved.

If you have suggestions for future comments, please send them to the author at LAhern@BrownAhern.com.

Dead Debtors and Other Consequences of Czyzewski v. Jevic Holding Corp. in Consumer Cases

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

“The Supreme Court has now clarified the boundaries of this shortcut to reorganization . . .”

See also:

No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences

helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 12 Standing Trustee AdvertisementsDue Date: April 21, 2017
Location: District of KansasChapter 7 Panel Trustee AdvertisementsLocation: Eastern District of Tennessee, primarily in the Southern Division at Chattanooga
Application Due Date: April 30, 2017Location: Northern District of Mississippi, primarily Greenville and Oxford Divisions
Application Due Date: April 30, 2017
nomoney

IN CASE YOU MISSED IT . . .

‘No Money Down’ Bankruptcy

(Not password protected)

Take a look at this new empirical study by Professors Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne

“This Article exposes the increasingly prevalent phenomenon of debtors paying nothing in attorneys’ fees to file chapter 13.”

March 27, 2017
Archives
hayes

Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part I of IV

By M. Jonathan Hayes

“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”

We begin this four-part series by looking at the common themes which naturally effervesced while looking at the cases; along with an examination of Sturges v. Crowninshield and Hanover Nat. Bank v. Moyses.

nomoney

‘No Money Down’ Bankruptcy

(Not password protected)

Take a look at this new empirical study by Professors Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne

“This Article exposes the increasingly prevalent phenomenon of debtors paying nothing in attorneys’ fees to file chapter 13.”

howmuch

From Our Friends at Credit Slips

(Not password protected)

Bankruptcy Fees in the Trump Budget

turtleshell

The Avoidance of Pre-Bankruptcy Transactions

(Not password protected)
A Comparative and Economic Approach
goldmansachs

Goldman Sachs and Fannie Mae

(Not password protected)
helpwantedbird

From the United States Trustee

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: District of Maine, Portland
Application Due Date: April 28, 2017Chapter 7 Panel Trustee AdvertisementsLocation: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017
irs

It’s Tax Time

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Tony

IN CASE YOU MISSED IT . . .

Substitution of Collateral: It Don’t have to be so Difficult!

By Tony Sottile, Esq., Sottile & Barile, LLC (Cincinnati, OH)
“Like many matters we all handle in a bankruptcy context, some we enjoy and some we enjoy… well, a little less. Regardless of the position you have in this area of law – whether you are Debtors’ Counsel, Creditors’ Counsel, a Trustee or a Judge, you likely cringe a little when a Motion to Substitute Collateral comes up.”
March 20, 2017
Archives
Tony

Substitution of Collateral: It Don’t have to be so Difficult!

By Tony Sottile, Esq., Sottile & Barile, LLC (Cincinnati, OH)
“Like many matters we all handle in a bankruptcy context, some we enjoy and some we enjoy… well, a little less. Regardless of the position you have in this area of law – whether you are Debtors’ Counsel, Creditors’ Counsel, a Trustee or a Judge, you likely cringe a little when a Motion to Substitute Collateral comes up.”
Vaughan

How Do You Write a Book?

By Elizabeth Vaughan, Chapter 13 Standing Trustee for the Northern District of Ohio (Toledo)

In a complete departure from The Academy norm, Trustee Beth Vaughan shares with us the answer to a question she is often asked, “How do you write a book?”

See also:

Former Staff Attorney Appointed Standing Chapter 13 Trustee

A Celebrity Among Us

doj

Trustee Appointment

The US Trustee Program has announced that Scott Lieske has been appointed as the new Chapter 13 Standing Trustee in Milwaukee, Wisconsin, effective May 1, 2017. Lieske replaces Mary Grossman who is resigning.

Prior to his appointment as Trustee, Mr. Lieske was the Senior Staff Attorney for Russell A. Brown, Chapter 13 Standing Trustee for the District of Arizona, and served in that position for 14 years. Mr. Lieske has been a member of the State Bar of Arizona since 1995. He received his undergraduate degree from Trinity University and his J.D. from Arizona State University School of Law. Prior to joining the Trustee’s office, Mr. Lieske was in private practice handling consumer bankruptcy cases for Doney and Associates. Mr. Lieske is a Master in the Arizona Bankruptcy American Inn of Court and has served as Chairman of the Arizona State Bar’s Unauthorized Practice of Law Advisory Committee.

Coons, Stabenow, Rubio, Nelson Introduce Bipartisan Bill to Improve Bankruptcy Court System

(Not password protected)
bankruptcycourBill would implement recommendations from Judicial Conference
trusteeresume

From the United States Trustee/Administrative Office

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: Northern District of Ohio, Cleveland division
Application Due Date: March 24, 2017Chapter 7 Panel Trustee AdvertisementsLocation: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017
uscourts

From the Courts

(Not password protected)
U.S. Bankruptcy Courts – Judicial Business 2016Nationwide, debtors filed 805,580 bankruptcy petitions in 2016, 6% fewer than in 2015. The lowest total since 2007, which was the first full fiscal year after BAPCPA was enacted in 2005.
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

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

A win for creditors . . .

An above-median income Chapter 13 debtor is not permitted to take a mortgage/rent expense deduction when the debtor’s non-filing spouse is the owner of the property and the debtor has no obligation on a mortgage.

March 13, 2017
Archives
hildebrand

Critical Case Comment

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

A win for creditors . . .

An above-median income Chapter 13 debtor is not permitted to take a mortgage/rent expense deduction when the debtor’s non-filing spouse is the owner of the property and the debtor has no obligation on a mortgage.

cmoran

Bankruptcy: A Disruption in the Force – Part II of II

By Cathleen Cooper Moran, Moran Law Group, Mountain View, CA

In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.

“The intersection of Bankruptcy and Family Law can be liberating or disruptive. . .” Part 2 picks up with a discussion of exemptions, continues into avoidance powers, and concludes with discharge issues.

Click here for Part 1

Koval-Alexander

Hank Wins One at the 6th Circuit Court of Appeals

Attorney Profile

(Not password protected)

Appellee’s counsel in Metro Government v. Hildebrand and Corrine is Nashville, Tennessee, attorney, Alex Koval of Rothschild & Ausbrooks, PLLC.

New this week:

State Law Applicable Solely to Bankruptcy Is Not Non-Bankruptcy Law

trusteeresume

From the United States Trustee/Administrative Office

(Not password protected)
Chapter 13 Standing Trustee AdvertisementsLocation: Northern District of Ohio, Cleveland division
Application Due Date: March 24, 2017Chapter 7 Panel Trustee AdvertisementsLocation: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017
irs

It’s Tax Time

(Not password protected)
changeofaddress

Change of Email Address

(Not password protected)
Be sure to inform the Academy if you change your email address.
spokeowebinar

REGISTER NOW

Spokeo and Its Impact on Standing: What’s Next?

(Not password protected)
Join experts Craig Shapiro and Jon Taylor, with moderator, Larry Ahern, as they examine the Spokeo decision, elements of constitutional standing, issues the decision addresses and what it does not address. This Thursday – March 16th at 1:30 Eastern/12:30 Central/11:30 Mtn/ 10:30 Pacific.
Rebecca-Connely

IN CASE YOU MISSED IT . . .

One of our most popular articles . . . ever . . .

A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery

“. . . examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13.”

March 6, 2017
Archives
Rebecca-Connely

A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery
“. . . examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13.”
cmoran

Bankruptcy: A Disruption in the Force – Part I of II

By Cathleen Cooper Moran, Moran Law Group, Mountain View, CA

In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.

“The intersection of Bankruptcy and Family Law can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. There are an almost infinite number of combinations of timing and facts when these two areas of law collide . . .”

uscourts

From the Courts

(Not password protected)
trusteeresume

From the United States Trustee/Administrative Office

(Not password protected)

Bankruptcy Administrator/Western District of North Carolina

Location: Charlotte, North Carolina
Application Due Date: March 10, 2017

Chapter 13 Standing Trustee Advertisements

Location: Northern District of Ohio, Cleveland division
Application Due Date: March 24, 2017Location: Denver, Colorado
Application Due Date: March 10, 2017

Chapter 7 Panel Trustee Advertisements

Location: Western District of Kentucky, primarily in the Owensboro Division
Application Due Date: March 31, 2017

Location: Middle District of Tennessee, primarily in the Nashville, Cookeville and Columbia divisions
Application Due Date: April 1, 2017

Location: Southern District of Texas, primarily in the Brownsville, Corpus Christi, McAllen, Laredo, and Victoria Division
Application Due Date: March 8, 2017

Location: Central District of Illinois, primarily in the Peoria Division
Application Due Date: March 10, 2017

changeofaddress

Change of Email Address

(Not password protected)
Be sure to inform the Academy if you change your email address.
PhilLamos

IN CASE YOU MISSED IT . . .

Service by Mail on an Insured Depository Institution in an Adversary Proceeding

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
“Service by mail is a cheaper and more efficient method of service than personal service or service by publication, but it requires attention to detail.”Attorney Lamos brings Academy members another tangible resource. Whether or not you believe you are properly serving “insured depository institutions,” you need to read this article and circulate it to applicable staff members.
February 27, 2017
Archives
PhilLamos

Service by Mail on an Insured Depository Institution in an Adversary Proceeding

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
“Service by mail is a cheaper and more efficient method of service than personal service or service by publication, but it requires attention to detail.”Attorney Lamos brings Academy members another tangible resource. Whether or not you believe you are properly serving “insured depository institutions,” you need to read this article and circulate it to applicable staff members.
hildebrand

Hank Wins One at the BAP (from May 2016)

And now . . .

Hot off the press: Hank Wins One at the 6th Circuit Court of Appeals

“This bankruptcy case raises questions of statutory interpretation, federal preemption, and equal protection. Mildred Bratt filed a Chapter 13 plan providing for 12% interest on overdue property taxes to which Metro Nashville objected, arguing that Tennessee law specifies 18% interest. The bankruptcy court decided that the state law violated the Supremacy Clause. The State of Tennessee intervened and the parties appealed. The bankruptcy appellate panel (BAP) affirmed use of the 12% interest rate on different grounds, relying instead on interpretation of federal and state statutes and declining to address the constitutional arguments. Likewise, we AFFIRM the bankruptcy court’s approval of a plan using the 12% interest rate based on the language of the statutes at issue.”

helpwanted

From the United States Trustee/Administrative Office

(Not password protected)

Bankruptcy Administrator/Western District of North Carolina

Location: Charlotte, North Carolina
Application Due Date: March 10, 2017

Chapter 13 Standing Trustee Advertisements

Location: Denver, Colorado
Application Due Date: March 10, 2017

Chapter 7 Panel Trustee Advertisements

Location: Southern District of Texas, primarily in the Brownsville, Corpus Christi, McAllen, Laredo, and Victoria Division
Application Due Date: March 8, 2017

Location: Central District of Illinois, primarily in the Peoria Division
Application Due Date: March 10, 2017

debt

Student Loan Chronicles

(Not password protected)
irs

It’s Tax Time . . . Again

(Not password protected)

For Your Clients: Use the “Where’s My Refund?” Tool – Taxpayers can use “Where’s My Refund?” app to check the status. Find it on IRS.gov or the free IRS mobile app IRS2Go.

academywebinar

Academy Webinars

(Not password protected)
  1. Spokeo rescheduled for March 16th – save the date
  2. Words for the Web – Content Creation for Lawyers – March 3rd 2:00 eastern – REGISTER NOW

Not an Academy member . . . webinars are only part of the many resources you are missing. JOIN NOW!

writingcontest

NACTT Law Student Writing Contest

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student you come in contact with.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
JamesDavis

IN CASE YOU MISSED IT . . .

Limits of Bankruptcy Court Authority: A Reminder from the Eleventh Circuit

By James Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)

How often do you hear the word “salacious” in reference to a bankruptcy case? Ohh la la!!! But, alas, the case is actually pretty esoteric.

“The Eleventh Circuit . . . recently offered a reminder of the potential inconvenience of bankruptcy courts’ limited adjudicatory powers. The allegations in the case were salacious—that a law firm hired a bankruptcy judge’s fiancé in a scheme to improperly influence court rulings. But the Eleventh Circuit did not end up expressing any view of these doings because the appeal foundered on procedural grounds.”

February 20, 2017
Archives

presidentsday

Happy Presidents’ Day

JamesDavis

Limits of Bankruptcy Court Authority: A Reminder from the Eleventh Circuit

By James Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)

How often do you hear the word “salacious” in reference to a bankruptcy case? Ohh la la!!! But, alas, the case is actually pretty esoteric.

“The Eleventh Circuit . . . recently offered a reminder of the potential inconvenience of bankruptcy courts’ limited adjudicatory powers. The allegations in the case were salacious—that a law firm hired a bankruptcy judge’s fiancé in a scheme to improperly influence court rulings. But the Eleventh Circuit did not end up expressing any view of these doings because the appeal foundered on procedural grounds.”

From the United States Trustee

(Not password protected)

Chapter 13 Standing Trustee Advertisements

Location: Denver Colorado
Application Due Date: March 10, 2017

Chapter 7 Panel Trustee Advertisements

Location: Southern District of Texas, primarily in the Brownsville, Corpus Christi, McAllen, Laredo, and Victoria Division
Application Due Date: March 8, 2017

Location: Central District of Illinois, primarily in the Peoria Division
Application Due Date: March 10, 2017

harvard

From Harvard Law

(Not password protected)
Bankruptcy and the U.S. Supreme Court
gorsuch

From Our Friends at CreditSlips

(Not password protected)
bignews

The New Plan Form is Out

(Not password protected)
The proposed plan form has been newly revised and can be accessed by clicking here. Committee notes are included.
writingcontest

NACTT Law Student Writing Contest

(Not password protected)

The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.

Please feel free to share this information with any law professor or law student you come in contact with.

gander-mountain

Retail Bankruptcies/Downsizing Rising . . . a very long list

(Not password protected)
PatriciaMayer

IN CASE YOU MISSED IT . . .

No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts

By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP

“The District Court began its analysis of the issue by examining the plain meaning of the terms ‘surrender’ and ‘vest’ in the context of §§ 1325 and 1322.”

See also: Forced Vesting Does Not Satisfy Confirmation Requirements

February 13, 2017
Archives
PatriciaMayer

No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts

By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP
“The District Court began its analysis of the issue by examining the plain meaning of the terms ‘surrender’ and ‘vest’ in the context of §§ 1325 and 1322.”
morgan-king

Nine Factors to Consider in a “Bad Faith” Analysis

By Morgan D. King, Esq., Dublin, CA
“The Mitchell court set forth the following nonexclusive factors to be considered in determining whether to dismiss a chapter 7 case for bad faith under § 707(b)(3)(A) . . .”

Icons of the Bankruptcy World Retire

(Not password protected)

IMG_0340John V. “Jack” LaBarge, Jr., was appointed the Standing Chapter 13 Trustee serving the Eastern District of Missouri in October of 1987. Prior to that, he had been a Chapter 7 Panel Trustee since 1971 – 46 years – WOW. Jack served two terms on the NACTT Board of Directors as an at-large Director. He also served for many years on the Peer Review Committee. Additionally, Jack has mentored multiple new trustees. Jack is a long-time member and supporter of both NACTT and The Academy. He is an institution of service to others and will be leave a gaping hole in these organizations.IMG_0315It is often said that behind every successful man is an equally successful woman. No exception here. Mary LaBarge has served the trusteeship and the consumer bankruptcy community right alongside Jack. She was on the initial Staff Symposia Committee led by Robin Weiner. This Committee developed the concept of nationwide employee training. She developed curriculum and served as facilitator for many years at the beginning of this project and helped set the standard for this valuable training. Even after her retirement from the Staff Symposia Committee she was always willing to step up and fill in any gap when needed.

Mary participated as a panelist multiple times at NACTT annual summer meetings. She developed materials and spoke to upper level trustee staff on such topics as ethics with The Honorable Barry S. Schermer. In addition, Mary served with Alice Whitten and Debbie Langehennig on an NACTT/Academy joint Educational Webinar Training Committee for three years. She participated in the development and/or delivery of at least a half dozen training webinars for which The Academy is eternally grateful.

Hallowell_MarthaNot only are we losing the LaBarges this month, but Martha K. “Marty” Hallowell, Deputy Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice left us at the end of January. When asked what is next, Ms. Hallowell responded, “play and travel.” Marty, you will be tremendously missed – thank you, Marty, for your hard work and for always being so pleasant.

In discussing future plans with each of these icons, the common theme seemed to be to NOT answer to an alarm clock!

We wish you all the best in a happy and fulfilling retirement.

bignews

The New Plan Form is Out

(Not password protected)
The proposed plan form has been newly revised and can be accessed by clicking here. Committee notes are included.
mortgagewebinar

More Academy Webinar Resources

Demystifying Mortgage Escrow

Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff, but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation.Not an Academy member . . . this is only one of the many resources you are missing.JOIN NOW!
writingcontest

NACTT Announces Law Student Writing Contest

(Not password protected)
The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student you come in contact with.
floridabar

From the Florida Bar Association

(Not password protected)

Bankruptcy Attorney Considers Pro Bono Work a Calling

Thank you Samuel Pennington for making bankruptcy attorneys look good!

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)
“Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect.”
February 6, 2017
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect.”
bignews

The New Plan Form is Out

(Not password protected)
The proposed plan form has been newly revised and can be accessed by clicking here. Committee notes are included.
selwyn

When Estates Collide, Part Two: A Continuing Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq.
As promised back in January, Attorney Whitehead delivers an update including her observations of oral arguments before the California Supreme Court. The Court’s decision will be an interesting one.
writingcontest

NACTT Announces Law Student Writing Contest

(Not password protected)

The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.

Please feel free to share this information with any law professor or law student you come in contact with.

phonescam

For Your Blog

(Not password protected)

Spread the Word: IRS Phone Scams are a serious threat and on the rise

Please share this with your clients and include on your law firm’s blog or advertising emails.

Real people are being taken advantage of. Since October 2013, over 10,000 victims who have collectively paid over $54 million as a result of phone scams and these are just the reported cases!

uscourts

From the Courts

(Not password protected)
sheriff

There’s a New Sheriff in Town

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“To continue the new year off right, here’s a discussion about a question that I received:

I get a telephone msg (or email or text) from a client with a legitimate legal question. How long do I, ethically, have to respond? A day, a week? What if I never respond?”

January 30, 2017
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“To continue the new year off right, here’s a discussion about a question that I received:I get a telephone msg (or email or text) from a client with a legitimate legal question. How long do I, ethically, have to respond? A day, a week? What if I never respond?”

writingcontest

NACTT Announces Law Student Writing Contest

(Not password protected)

The National Association of Chapter 13 Trustees has announced their annual law student writing contest. Entries must be received by April 30th. Click here for details.Please feel free to share this information with any law professor or law student you come in contact with.

Bill-Brown

From the Editor – Dismissal

By The Honorable William Houston Brown (Retired)
Anne-Marie-Bowen

IN CASE YOU MISSED IT . . .

Foreclosure & Bankruptcy Filings Expected to Rise after Recent Florida Supreme Court Decision

By Anne-Marie L. Bowen, Esq. and Alexander H. Bowen
Alex photo 2017“The Florida Supreme Court recently ruled on a monumental case that will allow lenders to refile foreclosure actions that were previously involuntarily dismissed, even though the five-year statute of limitations has run on the prior default.”
January 23, 2017
Archives
Anne-Marie-Bowen

Foreclosure & Bankruptcy Filings Expected to Rise after Recent Florida Supreme Court Decision

By Anne-Marie L. Bowen, Esq. and Alexander H. Bowen
Alex photo 2017“The Florida Supreme Court recently ruled on a monumental case that will allow lenders to refile foreclosure actions that were previously involuntarily dismissed, even though the five-year statute of limitations has run on the prior default.”
Bill-Brown

From the Editor – Appeals

By The Honorable William Houston Brown (Retired)

This week, Judge Brown takes a look at 2 cases pertaining to appellate procedure:

tennessee

Winner Winner Chicken Dinner

(Not password protected)
lawless

IN CASE YOU MISSED IT . . .

From Credit Slips

(Not password protected)
January 16, 2017
Archives
Bill-Brown

From the Editor – Debtor’s Attorney

By The Honorable William Houston Brown (Retired)
lawless

From Credit Slips

(Not password protected)
nclc

From the National Consumer Law Center

(Not password protected)

In a letter dated 1/10/17, Lauren Saunders, Associate Director of the NCLC, strongly urges readers to oppose H.R. 5 the Regulatory Accountability Act of 2017Click here for Saunders’ LetterOn 1/11 the Bill passed the House

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cfpb

CFPB Takes Action Against Works and Lentz

(Not password protected)
Bureau Orders Medical Debt Collection Law Firms and their President to Refund $577,135 to Consumers
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

The IRS Newsletter entitled Who Will Prepare Your Tax Return is typical with a few exceptions:

For YOU – If you are in search of a tax preparer, two links may be of interest:

For YOUR CLIENTS

  • IRS Free File lets taxpayers who earned less than $64k prepare and e-file a return for free.
  • For those earning less than $54k, VITA offers in person help filing (although a search by the Academy did not yield very many locations – a few examples: Adrian, MI; Houston, TX; York, PA; Long Island City, NY). Enter your zip code to see if there is a location near you.
  • The Newsletter mentions help for those over age 60 through AARP; however, the website was less than helpful – you will need to call the number listed.

For YOU OR YOUR CLIENT – Problems with a tax preparer?

January 9, 2017
Archives
epiq

From Our Friends at Epiq

(Not password protected)

What Loan Servicers Need to Know Now about the CFPB’s New Rule

A must-read for loan servicers and those who work with loan servicers on a daily basis.

Click here for the 901-paged CFPB Amendments to the 2013 Mortgage Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z)

selwyn

When Estates Collide: A Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq., San Francisco Bay Area Bankruptcy and Tax Attorney
In this piece, Attorney Whitehead delivers an exhaustive look at cases in which the debtor’s income is derived from a spendthrift trust. This issue went before the California Supreme Court 1/4/17.
ncbrc

From Our Friends at the National Consumer Bankruptcy Rights Center

(Not password protected)

Nice Win for Debtors on Means Test Expense Issue

Section 707(b)(2) permits a debtor to take the full National and Local Standard amounts for expenses even though the debtor’s actual expenses are less. Lynch v. Jackson, No. 16-1358 (4th Cir. Jan. 4, 2017).Click here for opinion
cfpb

CFPB Files Amicus Brief with SCOTUS

(Not password protected)

Issue: FDCPA Case on Filing Bankruptcy Proof of Claim on Out of Statute DebtMore on this issue:

debt

Student Loan Chronicles

(Not password protected)
irs

From the IRS

(Not password protected)

What to Know About Health Coverage Information Statements You May Receive in 2017

Many individuals will receive ACA information statements from their employer or insurance coverage provider by early March/2017 about their 2016 health insurance coverage. This article tells you what to do with this form.
January 2, 2017
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

We start the year off right with an always needed dose of ethics. We know you have a small margins but what do you, as an attorney, HAVE to do for and with your clients and what can you delegate to non-legal staff? As always, Ms. Ps & Qs not only answers our questions but does so in the most entertaining of ways!

Click here for the answer

selwyn

When Estates Collide: A Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq., San Francisco Bay Area Bankruptcy and Tax Attorney
In this piece, Attorney Whitehead delivers an exhaustive look at cases in which the debtor’s income is derived from a spendthrift trust. This issue goes before the California Supreme Court this week.

Chapter 13 Debtors Engaged in Business

This 37-minute training is specifically designed for attorneys who represent Trustees. Chapter 13 Trustees Laurie Williams and Krispen Carroll, along with Staff Attorney to Kathleen Leavitt, Daniele Gueck-Townsend, outline procedures for ascertaining what is a business case, as well as, guidelines for maintaining business cases.

JOIN NOW

Click here to join via PayPal
Click here to pay by check

2017 Webinar Topics include:

  • Spokeo and Its Impact on Standing: What’s Next? – January 27th (Save the Date)
  • Words for the Web – Content Creation for Lawyers – March 3rd (Save the Date)
  • Facebook Ethics
  • Attorney Obligations regarding Intake & Client Meetings
  • And more . . .
  • Click here to send your suggestions
irs

From the IRS

(Not password protected)

What to Know About Health Coverage Information Statements You May Receive in 2017

Many individuals will receive ACA information statements from their employer or insurance coverage provider by early March/2017 about their 2016 health insurance coverage. This article tells you what to do with this form.