September 26, 2016
 Archives
hildebrand

Critical Case Comment

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

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

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

yahoo

Yahoo Confirms Major Breach — and it could be the largest hack of all time*

(Not password protected)

*Hack actually took place in 2014.

usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

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

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
KarinAmyx
IN CASE YOU MISSED IT . . .

Fee Only Chapter 13 Plans Get a Boost in Kansas

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

MORTGAGE MATTERS (Not password protected)

MILITARY MATTERS (Not password protected)flagsoldier

 

OF INTEREST (Not password protected)

Everybody Thinks They’re Middle-Class – People think they are middle-class, whether they make $22k or $200k
September 19, 2016
 Archives
KarinAmyx

Fee Only Chapter 13 Plans Get a Boost in Kansas

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

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

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

Chapter 13 Keeps Debtor/Client In Control

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

High Risk of Bankruptcy for One-Third of Oil Firms

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

thomsonreuters

Thomson Reuters Offers Academy Member Discount

(Not password protected)
Exclusive savings on Chapter 13: Practice And Procedure, 2d – Enter Promo Code NACTT at Checkout to Redeem25% off when ordered with monthly pricing
20% off when ordered without

Offer expires 12/31/2016 at 11:59PM (CST)

usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

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

Student Loan Chronicles

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Harry-Cash
IN CASE YOU MISSED IT . . .

Property Flippers Beware!

By Harry R. Cash, Grant Konvalinka & Harrison (Chattanooga, TN)
“The one-year redemption period just got extended by 60-days for a debtor filing Chapter 13. . . . determined that the 60-day tolling provision in 11 U.S.C. § 108(b) is available to Chapter 13 debtors exercising the rights and powers of a trustee, just as it applies in Chapter 11 . . .”
IN THE NEWS (Not password protected)

Attention New York Practitioners: Workers Paid by Card Will Gain Protections
MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

BY THE NUMBERS (Not password protected)

FOR YOUR HEALTH (Not password protected)death

September 12, 2016
 Archives
trevorbond

Bullard: Back to the Basics – Part II of II

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

Harry-Cash

Property Flippers Beware!

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

New Bankruptcy Judge Appointment

(Not password protected)
Congratulations to The Honorable D. Sims Crawford
nclc

NACBA and the NCLC Seek Rejection of Brunner Test

(Not password protected)
thomsonreuters

Thomson Reuters Offers Academy Member Discount

(Not password protected)
Exclusive savings on Chapter 13: Practice And Procedure, 2d – Enter Promo Code NACTT at Checkout to Redeem25% off when ordered with monthly pricing
20% off when ordered without

Offer expires 12/31/2016 at 11:59PM (CST)

usbankruptcy

United States Bankruptcy Administrator Announces Trustee Opening

(Not password protected)
Click here for full details
debt

Student Loan Chronicles

(Not password protected)
Robert-Martin

Longtime Bankruptcy Judge Robert Martin Retiring

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

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

Critical Case Comment

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

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

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

IN THE NEWS (Not password protected)

Do Debt Management Plans Work? – Nonprofit credit counselors are the good guys . . . otherwise full to bursting with lies, scams and sketchy players.
MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

September 5, 2016
 Archives

madeintheusa

Happy Labor Day

 madeintheusa

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

LaceyBryan

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

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

Hank Wins One at the BAP

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

trevorbond

Bullard: Back to the Basics – Part I of II

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

Student Loan Chronicles BONUS ITEM

(Not password protected)

Taking Bankruptcy Rights Seriously

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

debt

Student Loan Chronicles

(Not password protected)
tancredi

Law Firm Partner Named Bankruptcy Judge

(Not password protected)
Day Pitney Partner Tancredi Appointed as U.S. Bankruptcy Judge
genderbias

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
suicide

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

If your state is not listed below, please, let us hear from you. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy is creating a database for all states. Click here to send us the information or email Ms. Logsdon.We have received program information from the following states:

Hawaii
Kansas
Kentucky
Oregon
Pennsylvania
Texas

Thank you to those who have responded.

IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

FOR YOUR HEALTH (Not password protected)medicalerrors

Medical Errors May Be Third Leading Cause of Death in the U.S.In May we ran the above link. Below are some resources to help prevent medical errors in your family:

 

August 29, 2016
 Archives
trevorbond

Bullard: Back to the Basics – Part I of II

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

From the Editor – Debtor’s Attorney Fees

By The Honorable William Houston Brown (Retired)
This week Judge Brown takes a look at 2 cases involving attorney fees:

stinnett

Retired Bankruptcy Judge Tom Stinnett Dies at 72

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

New Bankruptcy Judge Appointment

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Maria Oxholm, Appointed by 8th Circuit, Will Sit in Detroit by Agreement
identitytheft

A Life or Death Case of Identity Theft?

(Not password protected)
Every day we are inundated with news of scams and new ways to steal an identity that we sometimes become numb to the banter.This article is important, not so much because of the sad case outlined, but because of the rest of the scary stuff about how easy it is for a thief to get a cell phone in your name, charge the cost to you, and cut off your phone service. It continues with important information on your (or your client’s) rights after such a theft.
lawfirm

What Biglaw Associates Can Learn From Solo & Small Firm Lawyers

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
suicide
In response to the feedback we received regarding the topic below, The Academy is requesting your assistance. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy would like to create a database for all states. Click here to send us the information or email Ms. Logsdon.Thank you to those who have already sent in this information.

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)
Helpful Resources:

rapoport
IN CASE YOU MISSED IT…

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“The ABA has taken on the cause of demeaning behavior in its new ethics rule by adding a clause to Rule 8.4 . . .”
IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

FOR YOUR HEALTH (Not password protected)exercise

Regular Exercise: Antidote for Deadly Diseases? High levels of physical activity linked to lower risk for two cancers, diabetes, heart disease and stroke. (dang-it, why couldn’t it be cookies that cures cancer?!)

 

August 22, 2016
 Archives
rapoport

Ask Ms. Ps & Qs

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

Critical Case Comment

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

‘Chutzpah of the Year’ Award?

(Not password protected)
Debtor who sought to reaffirm a debt — secured by Jaguar bought just before filing for bankruptcy — might be a candidate for the “Chutzpah of the Year” award.
katystech

From the Wall Street Journal

(Not password protected)

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

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

Student Loan Chronicles

(Not password protected)
mandatoryarbitration

Mandatory Arbitration

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Putting an End to Mandatory Arbitration Won’t Be EasySee also Academy resource:

financialliteracy

Opposite of Sanctions/Irony/Fraud

(Not password protected)
Retired Bankruptcy Judge to Financially Educate YouthGo Judge Ninfo!
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
suicide
In response to the feedback we received regarding the topic below, The Academy is requesting your assistance. If you know of a state or local bar association program for ‘at risk’ attorneys, please let us know about it. The Academy would like to create a database for all states. Click here to send us the information or email Ms. Logsdon at Regina.Logsdon@ConsiderChapter13.org.

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)
Helpful Resources:

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

dollarsigns
IN CASE YOU MISSED IT…

Critical Case Comment

By Academy Staff
When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors.
IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

MILITARY MATTERS (Not password protected)soldierflag1

BY THE NUMBERS (Not password protected)

FOR YOUR HEALTH (Not password protected)glasswater

August 15, 2016
 Archives
dollarsigns

Critical Case Comment

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

From the Editor – Property of the Estate

By The Honorable William Houston Brown (Retired)
suicide

Missing Attorney Found Dead in Apparent Suicide

(Not password protected)
Helpful Resources:

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

blackrobes

From the Courts

(Not password protected)
Just for fun . . . Justice Sandra Day O’Connor on Why Judges Wear Black Robes – The Supreme Court icon breaks down the tradition
debt

Student Loan Chronicles

(Not password protected)
dogescrow

Webinar: Escrow Analysis Beyond the Basics

(Not password protected)
Did you know that as part of your Academy membership, you have full access to an entire library of training opportunities?“Escrow Analysis Beyond the Basics” drills down, analyzing common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes, and answer viewer questions.
irs

From the IRS

(Not password protected)
cfpb

From the CFPB

(Not password protected)
nclc

BeverlyBurden

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Former Clarksville Attorney To Spend 40 Days In JailMulholland Twins Convicted Of Ponzi Scheme Worth Millions In Lansing Area (Not bankruptcy related)Used Car Salesman Gets Prison For Using Financing ‘Like A Ponzi Scheme’ (Not bankruptcy related)‘Guilty, Embarrassed:’ Man Took $1M From Investors, Including Friends, Neighbors (Not bankruptcy related)

hildebrand
IN CASE YOU MISSED IT…

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions.Eww ‘sanctions,’ our favorite topic!
IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

BY THE NUMBERS (Not password protected)

FOR YOUR HEALTH (Not password protected)donuts

August 8, 2016
 Archives

audiorecordings

ANOTHER GREAT NACTT CONFERENCE

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

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

Video DVDs and Audio CDs Available

hildebrand

Critical Case Comment

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

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

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

NCLC Solicits Nominations for Vern Countryman Award

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

Deadline for completed nominations is Friday, August 26

robot

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

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

From the Courts

(Not password protected)
foryourblogfacts

For Your Blog

(Not password protected)

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

debt

Student Loan Chronicles

(Not password protected)
treasurydept

From the Treasury Department

(Not password protected)

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

A White Paper from the Treasury Department

cfpb

From the CFPB

(Not password protected)

CFPB Considers Proposal to Overhaul Debt Collection Market – New Protections Would Limit Collector Contact and Help Ensure the Correct Debt is Collected

CFPB Again Finds Loan Servicers Routinely Violate Federal Laws Causing Injury To Homeowners

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

First Circuit Affirms Sanctions Order From Massachusetts Bankruptcy Court Requiring Bankruptcy Attorney to Return to Law School For Ethics Class

Fraud Complaints Cloud Foreclosure Relief

Judge Orders Brother Of Leawood Payday Loan Mogul Scott Tucker To Surrender

GilWeisman

IN CASE YOU MISSED IT…

Dischargeability Litigation: Defining Fraud and Examining Discharge Exceptions

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

IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

FOR YOUR HEALTH (Not password protected)death

Top 10 Leading Causes of Death in U.S. (. . . and the #1 cause of death is . . . )

 

July 25, 2016
 Archives
PhilLamos

Bitcoins and Bankruptcy

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

“In my almost 20 years at the Trustee’s office I’ve had to put a value on everything from a 1962 Ford Falcon to a song copyright to a collection of hermit crabs, and now there is something new to value: Bitcoin. What is Bitcoin?”

The NACTT offered a fabulous speaker this year – a Special Agent from the FBI. He did his best to explain Bitcoin and other cyber related crimes.

Attorney Lamos’ article is a MUST READ. Like it or not we HAVE to learn this . . .

GilWeisman

Dischargeability Litigation: Defining Fraud and Examining Discharge Exceptions

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

The Automatic Stay

By Kristen A. Koo, Esq., Senior Staff Attorney for Jan P. Johnson, Chapter 12 and Chapter 13 Trustee
Ms. Koo offers us a look at the automatic stay. This article offers a well written rudimentary look at the automatic stay. It is directed toward new employees or perhaps non-bankruptcy attorneys who need a quick tutorial.
dangerwill

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

By Pam Bassel, Chapter 13 Standing Trustee, North Richland Hills, TX
The Academy is pleased to present this detailed paper from Trustee Bassel on post-confirmation modifications to surrender of property. Instead of breaking this into parts, we will run, in toto, for one more week.
courthouse

From the Courts

(Not password protected)
United States Bankruptcy Court for the Eastern District of Michigan is accepting employment applications for a term law clerk position in Detroit. Applications DUE 7/29/16.
debt

Student Loan Chronicles

(Not password protected)
supremecourt

Supreme Court Corner

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Paralegal Who Stole From Firm Accused of Violating Probation

Montclair Man Defrauded Music Star Out Of Millions, Feds Allege – The business manager for R&B singer Ne-Yo was indicted by a federal grand jury last week, charging that he induced the singer to make a $2 million business investment under false pretenses and then invested more without his knowledge as the company foundered.

Financial Fraud Is Hammering Retirees, To The Tune of $36 Billion A Year

U.S. Regulator Fines Santander $10 Million For Overdraft Practices

IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

MILITARY MATTERS (Not password protected)flagsoldier

 

FOR YOUR HEALTH (Not password protected)

The Case for Eating Butter Just Got Stronger – A new study found no link between eating butter and heart disease (. . . hot dang!!)
July 18, 2016
 Archives
hildebrand

Critical Case Comment

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

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

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

More on Returning Funds

(Not password protected)
Chapter 13 Trustee Must Return Funds to Debtor Following Dismissal of CaseClick here for decision
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Why “Wet” Signatures?

“. . . in the rest of the business world, people can sign documents electronically, so why won’t bankruptcy courts allow debtors to e-sign? Why do they require ‘wet’ signatures?”

Ritchey Craig Sworn In

(Not password protected)
craigThe Honorable Lisa Ritchey Craig joined the United States Bankruptcy Court for the Northern District of Georgia on Thursday, March 24, 2016.
nclc

From the NCLC

(Not password protected)

Toxic Transactions: How Land Installment Contracts Once Again Threaten Communities of Color

“This NCLC report documents a new wave of predatory real estate lending, previously peddled to African-Americans during the 1930s to 1960s . . .”

debt

Student Loan Chronicles

(Not password protected)
  • New Student Debt Rules Trigger Frenzy – Obama administration is moving ahead with new regulation that could make it easier for students to seek forgiveness of their federal student loans.
supremecourt

Supreme Court Corner

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Local Threat Case One Of Many For Marshals Service – 926 were looked into last year

Feds: After Pleading Guilty, Norfolk Bankruptcy Petition Preparer Illegally Helped Someone Else

Acts Against Clients Merit Suspension

7th Circuit Tosses Would-Be Revolutionary’s Suit Against Indiana Bar

IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

Chatbot Lawyer Overturns 160,000 Parking Tickets in London and New York – Free service DoNotPay helps appeal over $4m in parking fines in just 21 months, but is just the tip of the legal AI iceberg for its 19-year-old creator
MILITARY MATTERS (Not password protected)baldeagle

BY THE NUMBERS (Not password protected)

 

FROM THE I-T DEPARTMENT (Not password protected)itdept

How To Tell If Your Android Phone Has the Hummingbad Malware – Hummingbad is Bad News. Luckily You Can Find Out If You’re Affected And Do Something About It
FOR YOUR HEALTH (Not password protected)

There’s Absolutely No Reason Why an EpiPen Should Cost $300 – Lack of competition and aggressive marketing have led to an exorbitant cost for the life-saving device.
July 11, 2016
 Archives
KarinAmyx

Are Statutory Penalties for Overpayment of Unemployment Insurance Benefits Dischargeable in Chapter 13?

By Karin N. Amyx, Staff Attorney, Laurie B. Williams, Standing Chapter 13 Trustee – Wichita
“ . . . , with unemployment benefit agencies becoming more active nationwide, knowledge of these cases may be a useful tool for practitioners, especially in states with hefty statutory penalties for fraudulent overpayment of UI benefits.”
morgan-king

Holding: IRS Did Not Abuse Its Discretion in Denying Debtor’s Offer-In-Compromise While Bankruptcy Case Was Pending

By Morgan D. King, Esq. Dublin, CA
“ . . . , an offer-in-compromise must include all of the outstanding liabilities of the taxpayer.”
joe-scott

Passing of The Honorable Joseph M. Scott, Jr. (Retired)

(Not password protected)
Chief Judge Tracey Wise: “With deep sadness, we share the passing of the Honorable Joseph M. Scott, Jr. (Retired). Judge Scott was a brilliant scholar, masked often by his hearty sense of humor. His commitment to public service was evident in the fair and compassionate manner in which he dispensed justice to those who appeared before him. In addition to his family, friends and colleagues, he will be dearly missed by his court family.”Judge Scott served as bankruptcy judge in the Eastern District of Kentucky from 1999 to 2012.
debt

Student Loan Chronicles

(Not password protected)
courthouse

From the Courts

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Terrorism Suspect Charged With Trying To Kill Federal Judge In Toledo

Man Accused of Threatening To Murder Federal Judge

Jacksonville Man Sentenced To 343 Years In Prison For Attempt To Kill Federal Judge

Cincinnati Lawyer Suspended For ‘Flagrant Disobedience’

Bankruptcy Judge Curtails Sam Wyly’s Homestead Exemption to $155K

Bucks County Doctor Convicted Of Running Pill Mill Still Facing Another Trial

foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here are a few items you may find of interest and may want to share with your clients:

IN THE NEWS (Not password protected)

MORTGAGE MATTERS (Not password protected)

Article: Ohio Signs Fast-Track Foreclosure Law – Looks to cure zombie foreclosures
Article: To Fight Foreclosure, NYC Buying Mortgages – New York City is taking a novel approach
Article: Region’s Bad Mortgage Number Dips Below Landmark – Delinquency Rate Now Almost 4 Points Below 2010 Peak

OF INTEREST (Not password protected)

Paid Interns Get More Job Offers, Higher Salaries Than Unpaid Peers – New data reinforces the notion that internships contribute to a widening income inequality gap

BY THE NUMBERS (Not password protected)downgraph

 

 

YOU CAN MAKE A DIFFERENCE (Not password protected)humantrafficking

 

July 5, 2016
 Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
“A Chapter 13 debtor may not “vest” property in a secured creditor without that creditor’s consent.”
leffler

When Things Don’t Go According to the Plan

Rule 3002.1: A Case Odyssey

By Mark C. Leffler, Boleman Law Firm (Richmond, VA)

Provided for by the plan . . . outside the plan . . . cure and maintain . . . maintenance only . . . AGH!!!

Attorney Leffler explains the most recent case law.

presidentseal

From the UST

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Embattled Lawyer Faces New Fraud Allegations, Challenge From Bankruptcy Trustee

Bankruptcy Attorney Sentenced To Prison For Bankruptcy Fraud

Attorney Sentenced To 16 Months In Prison For Forgery of Bankruptcy Judge’s Signature

Attorney Sentenced to 6 Months in Federal Prison for Embezzlement (Chpt 7 case)

FOR YOUR HEALTH (Not password protected)healthpills

 

June 27, 2016
 Archives
cmoran

Chapter 13 To The Rescue In Ruinous Business Lawsuit

By Cathy Moran, Moran Law Group, Mountain View, CA
‘. . . because the targets of these lawsuits filed bankruptcy before they had spent a fortune on legal fees and before the court had a chance to award huge damages, they fit beneath the Chapter 13 debt limits.”
Bill-Brown

From the Editor – Modification of Plan

By The Honorable William Houston Brown (Retired)

Judge Brown took the time this week to look at modifying plans. Below are 4 case synopsis you won’t want to miss.

farmlife

Chapter 12 – Still Making a Difference

(Not password protected)
Continuing to Farm Is Not Prerequisite for Relief in Chapter 12
justia

Justia Looks at a Chapter 13 Case

(Not password protected)
Missouri v. Spencer, No. 15-6030 (8th Cir. 2016)
debt

Student Loan Chronicles

(Not password protected)
presidentseal

From the UST

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here are a few items you may find of interest and may want to share with your clients:

RandolphRobin

IN CASE YOU MISSED IT…

Chapter 13: Getting to Completion

By Robin R. Randolph

“ . . . A deeper study, however, of chapter 13 plan completion rates at the federal judicial district level reveals successes that should be duplicated in every district. For example, some individual districts have consistently demonstrated at least a 50% chapter 13 plan completion rate as determined by cases closed between fiscal years 2005 and 2014 . . .”Like Judge Lynch**, Ms. Randolph looks at the positive statistics of Chapter 13.** See also, Measuring Success in Chapter 13 By Brian D. Lynch, Chief Bankruptcy Judge, Western District of Washington

NEW ON THIS TOPIC:

Federal Judge Speaks on Misconceptions About Bankruptcy

MORTGAGE MATTERS (Not password protected)

IN THE NEWS (Not password protected)

OF INTEREST (Not password protected)

MILITARY MATTERS (Not password protected)fighterjets

 

June 20, 2016
 Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
A great surprise to celebrate the First Day of Summer . . . another Critical Case Comment from Henry Hildebrand.“Where a case converts to Chapter 7 from a Chapter 13, all post-petition, pre-conversion homeowners’ assessments and fees are nondischargeable pursuant to § 523(a)(16).”
RandolphRobin

Chapter 13: Getting to Completion

By Robin R. Randolph

“ . . . A deeper study, however, of chapter 13 plan completion rates at the federal judicial district level reveals successes that should be duplicated in every district. For example, some individual districts have consistently demonstrated at least a 50% chapter 13 plan completion rate as determined by cases closed between fiscal years 2005 and 2014 . . .”Like Judge Lynch**, Ms. Randolph looks at the positive statistics of Chapter 13.

** See also, Measuring Success in Chapter 13 By Brian D. Lynch, Chief Bankruptcy Judge, Western District of Washington

supremecourt

Supreme Court Corner

Supreme Court Rejects Puerto Rico Law in Debt Restructuring Case

debt

Student Loan Chronicles

(Not password protected)
Kevin-Ball

Book Review

(Not password protected)

Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan

Bankruptcy law is a major part of the American legal landscape. More than a million individuals and thousands of businesses sought relief in the United States’ ninety-three bankruptcy courts in 2014, more than twenty-seven thousand of them in the Eastern District of Michigan. Important business of great consequence takes place in the courts, yet they ordinarily draw little public attention. In Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan, Kevin Ball takes a closer look at the history and evolution of this court.Dr. Ball may look familiar to many of you . . . he is the husband of Chapter 13 Standing Trustee Krispen Carroll.
foryourblogfacts

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here are a few items you may find of interest and may want to share with your clients:

Five Bankruptcy Myths Dispelled

Turn a New Financial Leaf When Emerging from Bankruptcy

Those with Best Credit Scores Dominating Today’s Mortgage Market

MORTGAGE MATTERS (Not password protected)

IN THE NEWS (Not password protected)

OF INTEREST (Not password protected)

FOR YOUR HEALTH (Not password protected)hotcup

 

June 13, 2016
 Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
“A Chapter 13 debtor may not “vest” property in a secured creditor without that creditor’s consent.”
fairlie

Motions to Extend the Stay: Coming to a Casino – or a Chapter 13 – Somewhere Near You? Part I of II

Motions to Extend the Stay: Coming to a Casino – or a Chapter 13 – Somewhere Near You? Part II of II

By Zachary Fairlie, Law Clerk to the Hon. Cynthia A. Norton1, W.D. of Missouri at Kansas City
“Motions to extend the stay have been in the news lately. A primer on such motions may be helpful if you represent debtors in the right circumstances.”The Academy is pleased to offer another long-term resource. In the future, this outline can be found under the Toolbox menu option, Definitions tab.
cfpb

From the CFPB

(Not password protected)
CFPB Unveils New Know Before You Owe Auto Loan Shopping Sheet – Online Guide and Shopping Sheet Help Consumers Evaluate Costs and Shop for Auto Loans

From the ABI

(Not password protected)
In-Kind Income Excluded from Calculation of Current Monthly Income
creditslips

From Credit Slips

(Not password protected)
Essential Resources on Burdens of Proof in Bankruptcy Litigation: Property Exemptions and Beyond
congrats

CardHub Predicts Surge in Outstanding Credit Card Debt by End of 2016

(Not password protected)
The latest Credit Card Debt Study: Trends & Insights for the first quarter shows average indebted households continue to approach unsustainable balances. Outstanding credit card debt balances could reach $1 trillion by the end of this year, according to projections from CardHub in its latest Credit Card Debt Study: Trends & Insights and data from the first quarter of 2016.
congrats

THE OPPOSITE OF Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Watch John Oliver Forgive $15 Million in Debt – Last Week Tonight’ host trumped Oprah with giveaway during segment about horrors of debt-buying industry.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)
Online Tools Help Individuals and Employers Estimate Health Care Law’s Effect on TaxesIRS Launches More Rigorous e-Authentication Process and Get Transcript Online

Attention Human Resources Departments

(Not password protected)
This Big Change Was Supposed to Make Performance Reviews Better – Could it be making them worse?
brokenpc

We had such a large response to this article, we are running it again.

Involuntary Conversion of Computers to Windows 10

(Not password protected)

Fearing Forced Windows 10 Upgrades, Users Are Disabling Critical Updates Instead – Some Windows 7 and 8 users would rather chance a malware infection than an involuntary Windows 10 upgrade.How to Uninstall the Windows 10 ‘Recommended’ Update and Go Back to Windows 7 or 8.1(If you have recently had a computer unexpectedly ‘die’ on you . . . try deleting Windows 10. It happened to one of my personal computers. Computer appeared as though the video card had gone out . . . turns out it was Windows 10 . . . For what it’s worth, Regina Logsdon)

MORTGAGE MATTERS (Not password protected)

OF INTEREST (Not password protected)

‘American Idol’ Producer Sues Past Winner Phillip Phillips – 19 Entertainment sues to keep its job as his exclusive manager. “American Idol” wants one of its winners, Phillip Phillips, to face the music.

MILITARY MATTERS (Not password protected)

TRAVEL/VACATION TIME (Not password protected)carrental

Best Credit Cards For Rental Car Coverage – Nearly All Cards Provide Some Coverage, But There Can Be Plenty of Exclusions

 

June 6, 2016
 Archives
lynch-brian

Measuring Success in Chapter 13

By Brian D. Lynch, Chief Bankruptcy Judge, Western District of Washington
“I believe that trustees and practitioners are missing opportunities to point out the real, practical ‘successes’ that can be found from chapter 13 when relevant measurements are used.”
Pamela Simmons Beasley

Meet the New Trustee

(Not password protected)

On January 1, 2016 Pamela Beasley-Simmons assumed the Chapter 13 trusteeship in Columbia, SC after the retirement of Joy S. Goodwin. She loves the fact that the trusteeship allows her to draw on work experiences prior to becoming an attorney including human resources management.

Read Ms. Beasley-Simmons inspiring story

cfpb

From the CFPB

(Not password protected)

CFPB Proposes Rule to End Payday Debt Traps – Rule Would Require Lenders to Determine Whether Consumers Have the Ability to Repay Payday, Auto Title, and Certain Other High-Cost Loans

Federal Consumer Watchdog Takes Aim at Payday Lenders with Proposed Rules

yield

FDCPA

(Not password protected)
Proceed with Caution: 11th Circuit Holds Debt Collectors May Face Penalties under FDCPA for Filing Proofs of Claims in Bankruptcy for Time-Barred ClaimsSee also, From the Editor – Claims and Fair Debt Collection Practices ActFor other items on this topic, use the ‘search’ feature mid-upper right corner of homepage. For example, the word ‘stale’ brings up a list of Academy resources.
creditslips

From Credit Slips

(Not password protected)
Essential Resources on Burdens of Proof in Bankruptcy Litigation: Property Exemptions and Beyond
congrats

THE OPPOSITE OF Sanctions and Irony and Fraud, Oh My!

(Not password protected)
ATL’s Top Law Firm Bankruptcy Practices
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

Five Facts About the Small Business Health Care Tax Credit

If you are a small employer, there is a tax credit that can put money in your pocket. The small business health care tax credit benefits employers that . . . (You may actually want to glance at this one . . . it is for employers with LESS than 25 employees.)

Involuntary Conversion of Computers to Windows 10

(Not password protected)

Fearing Forced Windows 10 Upgrades, Users Are Disabling Critical Updates Instead – Some Windows 7 and 8 users would rather chance a malware infection than an involuntary Windows 10 upgrade.

How to Uninstall the Windows 10 ‘Recommended’ Update and Go Back to Windows 7 or 8.1

(If you have recently had a computer unexpectedly ‘die’ on you . . . try uninstalling Windows 10. It happened to one of my personal computers. Computer appeared as though the video card had gone out . . . turns out it was Windows 10 . . . For what it’s worth, Regina Logsdon)

MORTGAGE MATTERS (Not password protected)

IN THE NEWS (Not password protected)

OF INTEREST (Not password protected)

MILITARY MATTERS (Not password protected)

FOR YOUR HEALTH (Not password protected)healthchart

Thriving After Opioid Addiction – The empowered patient can do more than survive.

 

May 30, 2016
 Archives
kaplan_michael

Supreme Court Corner

SCOTUS Expands Definition of “Actual Fraud”

By Hon. Michael B. Kaplan, United States Bankruptcy Judge, U.S. Bankruptcy Court, District of New Jersey (Trenton)

“Justice Thomas, writing as the lone dissenter, argued that the Court’s ruling was incompatible with the plain language of the statute, specifically the “obtained by” requirement found in § 523(a)(2).”Background article:

Actual Fraud Under § 523(a)(2)(A): Circuits Split Over the Necessity of a Misrepresentation

LaceyBryan

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

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

National Consumer Law Center

(Not password protected)
Time to Stop Taking the Earned Income Tax Credit to Pay for Defaulted Student Loans
cfpb

From the CFPB

(Not password protected)
CFPB: Auto Title Loans Steer Borrowers Into ‘Cycle Of Debt’CFPB Takes Action Against Former Wells Fargo Employee For Illegal Mortgage Fee-Shifting – CFPB Finds That California Loan Officer Shifted Escrow Fees Away from Some Customers to Others
overdraft

From the Supreme Court

(Not password protected)
Supreme Court Reshapes Consumer Financial Law with Two Recent DecisionsEarly Spokeo Fallout: Privacy Defendants Try To Capitalize
loans

For Your Blog

(Not password protected)

When Paying Off Student Loan Debt, New Grads Should Avoid These Five Mistakes

If you like this new feature, please let us know. Click here and tell us what you think.

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

Five Arrested for Impersonating IRS Agents in Phone Scam

debt

Student Loan Chronicles

(Not password protected)
FTC Cracks Down on Student Loan Debt Relief SchemesD.C. Attorney General Sues Student-Debt-Relief Company Caught in Crosshairs of Federal Regulator

MORTGAGE MATTERS (Not password protected)

Article: New Home Sales Surge But Prices Getting Problematic – New home sales improvement in April hit a 23-year high. But that doesn’t guarantee success going forward.

IN THE NEWS (Not password protected)

Seven Data Points Reveal Sorry State of Americans’ Finances – A new Federal Reserve report shows some Americans aren’t doing as well as they think (nothing particularly new here . . . )

OF INTEREST (Not password protected)

Connecticut: Judicial Branch Announces 61 More Layoffs; Bringing total to 300.
Millennials Living with Parents? It’s Not Just a Weak Economy – For the first time since 1880, more Americans age 18 to 34 are living with their parents than with a spouse or significant other.

MILITARY MATTERS (Not password protected)soldier

 

May 23, 2016
 Archives
hildebrand

Critical Case Comment

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

When a Chapter 13 plan specifically provides that payments which are to adjust to accommodate changes in mortgage payments, it is the duty of the Chapter 13 trustee to make certain that those payments are adjusted, both by debtors to the trustee, and to creditors.

Click here for Order
Click here for the Appeal

Judge-Waites

Creative Options for Student Loans in Chapter 13

laurie-weatherford-copyIn this excellent 90-minute presentation, experts John E. Waites, Judge United States Bankruptcy Court for the District of South Carolina; practitioner Lewis Roberts from Altamonte Springs, Florida; and Chapter 13 Standing Trustee Laurie Weatherford discuss options regarding student loans: Chapter 20, mediation, separate classification, and MORE.

BONUS:

Follow-up question from the webinar: For student loans in default, without a Ford program or consolidation, separate classification may not be reasonable. In other words, are there grounds for separate classification for loans in default?

Lewis RobertsAnswer: A debtor might use § 1322(b)(5) as a means of curing the default through Chapter 13 payments, while maintaining regular payments. Maintaining regular payments may require a separate classification for the student loans (depending upon how much you are paying other unsecured creditors). So I think there are grounds to use separate classification as a part of the process to cure the default. If the debtor’s plan provides for this process and is confirmed AND makes the payments- the default can probably be cured.

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

 

nclc

National Consumer Law Center

(Not password protected)

Report: HUD’s Sales of FHA-Defaulted Mortgage Loans Benefit the Big Mortgage Servicers and Hedge Funds While Homeowners Lose

National Consumer Law Center Documents the Negative Impact on Homeowners and Recommends Improvements to Preserve Homeownership and Stable Communities

cfpb

From the CFPB

(Not password protected)

CFPB – Single-Payment Vehicle Title Lending

More Benefit or Harm? Lawmakers Weigh CFPB Arbitration Proposal

overdraft

From the Supreme Court

(Not password protected)
socialmediaicons

Estate Planning

(Not password protected)

New Law Targets Social Media Accounts of Dead

While estate planning is certainly not a general part of our bankruptcy world, this particular item hits home to many of us with aging parents. What happens to a deceased person’s twitter account? Facebook page? The Connecticut Legislature seems to be addressing this issue.

irs

From the IRS

(Not password protected)

IRS Marks National Military Appreciation Month; Free Tax Guide Focuses on Tax Benefits for Members of the Military

debt

Student Loan Chronicles

(Not password protected)

One Word in Bankruptcy Law That Could Lead to More Forgiven Student Loans – Law professor pushes for softer interpretation of the word ‘undue’

The Battle of the Student Loan Discharge

MORTGAGE MATTERS (Not password protected)

IN THE NEWS (Not password protected)

OF INTEREST (Not password protected)

BY THE NUMBERS (Not password protected)

May 16, 2016
 Archives
PhilLamos

Bitcoins and Bankruptcy

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

Most of you saw the word ‘Bitcoin’ and were inclined to skip to the next article. This is a MUST READ. Like it or not we HAVE to learn this . . .

“In my almost 20 years at the Trustee’s office I’ve had to put a value on everything from a 1962 Ford Falcon to a song copyright to a collection of hermit crabs, and now there is something new to value: Bitcoin. What is Bitcoin?”

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport, UNLV

“My apologies for my hiatus . . . let’s roll up our collective sleeves and get back to business . . .
In the case of In re Anderson . . ., the Bankruptcy Court filed an Order to Show Cause against the attorney . . .”
Another MUST READ. The case in question fits nicely at the top of the ‘you can’t make this stuff up’ list.

cfpb

From the CFPB

(Not password protected)
‘Contract for Deed’ Lending Gets Federal Scrutiny
artificialintelligence

Ai-Yi-Yi

(Not password protected)
Artificially Intelligent Lawyer “Ross” Has Been Hired By Its First Official Law Firm – To Work On Bankruptcies
google

Way To Go Google!

(Not password protected)
Google: Payday Loans Are Too Harmful to Advertise – The search engine’s new policy will hurt companies pitching high-interest loans, but how will it affect borrowers?Same topic: Google To Ban Payday Loan AdvertisementsRelated: Feds: Payday Lender Charged 700 Percent Interest On Loans
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
overdraft

For Your Blog

(Not password protected)

Attention Debtor Attorneys: For those of you who do email and/or blog marketing, here is an item you may find of interest and want to share with your clients: 5 Ways To Cut Costly Overdraft Fees

If you like this new feature, please let us know. Click here and tell us what you think.

deptjustice

From the Department of Justice

(Not password protected)
Report: Criminal Referrals by the United States Trustee Program Fiscal Year 2015
irs

From the IRS

(Not password protected)

IRS Scam Really Becoming Common – Please Warn Your Clients, Your Parents, Your Friends

Beware: IRS Phone Scam Warning

A Real-Life Tax Scam: This Is What IRS Phone Fraud Sounds Like

This Is What an IRS Scam Phone Call Sounds Like

debt

Student Loan Chronicles

(Not password protected)
Minnesota Attorney General Seeks Loan Forgiveness For Students Of Now-Closed Anthem College – The for-profit college, accused of inflated claims, went bankrupt.Ellen Degeneres Stumbles Into The Student Debt Debate- Student debt activists tangle with DeGeneres over segment featuring University of Phoenix Vermont House Asks Congress to Let Student-Loan Borrowers File for BankruptcyParents Tell Kids to Borrow More for College – Teens must take out bigger loans, a new survey shows, worsening the student debt crisis.Half of American Families With Student Loan Debt Delay Saving For Retirement

MORTGAGE MATTERS (Not password protected)

IN THE NEWS (Not password protected)

OF INTEREST (Not password protected)

BY THE NUMBERS (Not password protected)

FOR YOUR HEALTH (Not password protected)oops

 

May 9, 2016
 Archives
hildebrand

Hank Wins One at the BAP

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

ATTENTION HOUSTONIANS

Our sympathies regarding your recent flooding. Even the IRS has weighed in , . . IRS Provides Tax Relief to Houston Area Storm Victims; Tax Deadline Extended to Sept. 1
gustafson

Section 522(f) and the Distinction Between Tractors and Mowers: Which Way Does the Law(n) Cut?

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

lawnA comical look at In re Evans, a real case . . . seriously, you GOTTA read this one!NEW THIS WEEK: Check out the comments section at the bottom of the article page. Judge Gustafson has provided some additional legal context for the article/case.

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caution

Exemptions and Other Pitfalls – Part 6 of 6 – From the Perspective of a Chapter 7 and Chapter 13 Trustee

By Pam Bassel, Trustee and Heena Hirani, Staff Attorney, Office of the Standing Chapter 13 Trustee North Richland Hills, TX

The conclusion of Trustee Bassel and Attorney Hirani’s comprehensive look at exemptions and pitfalls concludes with a look at Payments Under The Chapter 13 Plan and the Ripple Effect.This excellent outline, first prepared for the Texas Bar CLE 31st Annual Advanced Consumer Bankruptcy Course, can be found under The Toolbox menu item, Exemptions tab.

debtcollection

From Credit Slips

(Not password protected)
The New Reality of Small Debt Collection
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
barbershop

For Your Blog

(Not password protected)
Attention Debtor Attorneys: For those of you who follow Carmen Dellutri’s advice and do email and/or blog marketing, attached is a notice from the IRS you might want to consider using. It is directed to Barber and Beauty Shop owners. Take a look.
cfpb

From the CFPB

(Not password protected)
CFPB Proposes Prohibiting Mandatory Arbitration Clauses That Deny Groups of Consumers Their Day in Court – Bureau Seeks Comment on Proposal to Ban a Contract Gotcha that Prevents Groups of Consumers from Suing Consumer Financial Companies
debt

Student Loan Chronicles

(Not password protected)

White House Releases New Tool to Help You Manage Your Student LoansCFPB Unveils Student Loan ‘Payback Playbook’ To Provide Borrowers With Personalized Snapshot Of Repayment Options – Prototype Disclosures Outline Path to Affordable Payments for Borrowers Trying to Avoid Debt Distress

MORTGAGE MATTERS (Not password protected)

IN THE NEWS (Not password protected)

OF INTEREST (Not password protected)

BY THE NUMBERS (Not password protected)

MILITARY MATTERS (Not password protected)

May 2, 2016
 Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Nashville, TN
Creditor Attorneys, this one’s for you.Where a mortgage servicer ignores various motions seeking to treat its claim as unsecured, the servicer is precluded from challenging that holding at the end of a Chapter 13 case.
gustafson

Section 522(f) and the Distinction Between Tractors and Mowers: Which Way Does the Law(n) Cut?

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

lawnA comical look at In re Evans, a real case . . . seriously, you GOTTA read this one!

 

caution

Exemptions and Other Pitfalls – Part 5 of 6 – From the Perspective of a Chapter 7 and Chapter 13 Trustee

By Pam Bassel, Trustee and Heena Hirani, Staff Attorney, Office of the Standing Chapter 13 Trustee North Richland Hills, TX
Part 5, another short installment, looks at the Ripple Effect of the Sale of a Homestead and Other Questions.This excellent outline, first prepared for the Texas Bar CLE 31st Annual Advanced Consumer Bankruptcy Course, can be found under The Toolbox menu item, Exemptions tab.
pacer

Public Access to Court Electronic Records

(Not password protected)
PACER Fees Unlawfully High, Nonprofits Say in Class Action – Lawsuit accuses federal judiciary of overcharging for court records searches.
supremecourt

From the Supreme Court

(Not password protected)
Justices to Take Up ‘Criminal Intent’ Challenge to Bank-Fraud Statute
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
autodefaults

In the Auto Department

(Not password protected)
cfpb

From the CFPB

(Not password protected)
Feds Take Action to Stop Illegal Debt Collection Practices by Morris County “Lawsuit Mill” – Law Firm, Debt Buyer Must Pay Total of $2.5 Million to CFPB Civil Penalty Fund
sop

Snopes Weighs in on Medical Debt Causing People to File Bankruptcy

(Not password protected)
Money, Cash, Throes: A popular meme holds that 643,000 Americans go bankrupt every year over medical bills, but the underlying math is elusive.
calculator

IMPORTANT ANNOUNCEMENT

(Not password protected)

Means Test: Revised Multipliers and IRS Standards Apply to Cases Filed On or After May 1, 2016

The Administrative Expense Multipliers and IRS’s National Standards for Allowable Living Expenses and Local Standards for Transportation and Housing and Utilities Expenses have been updated.Click here for a complete resource.
leffler

IN CASE YOU MISSED IT…When Things Don’t Go According to the Plan

Rule 3002.1: A Case Odyssey

By Mark C. Leffler, Boleman Law Firm (Richmond, VA)
Provided for by the plan . . . outside the plan . . . cure and maintain . . . maintenance only . . . AGH!!!Attorney Leffler explains the most recent case law.

MORTGAGE MATTERS (Not password protected)

Article: Ocwen Foreclosures Frozen After National Mortgage Settlement Compliance Failure – More than 17,000 loans placed on foreclosure hold
Blog: U.S. Homeownership Rate Falls Again, Nearing a 48-Year Low – drop dashes hopes it had hit bottom, but economists say stabilization is still good news.

OF INTEREST (Not password protected)

The Secret Shame of Middle-Class Americans – Nearly half of Americans would have trouble finding $400 to pay for an emergency.
Debt Collectors Sue Over Medical Bills as Small as $60 – Every year Nebraska (and New Mexico) collection agencies file lawsuits by the tens of thousands thanks to cheap court fees and loose rules that leave poor/sick vulnerable.

BY THE NUMBERS (Not password protected)

Consumers Appear to Have Handle on Debt in 2016 – Report suggests mortgages, car loans, and credit card payments are under control