July 27, 2015
Archives
deluttri

Knowing Your Team: An Essential Element for Success!

By Carmen Dellutri, Esq., Dellutri Law Group, Fort Myers, FL
Carmen Dellutri brings Academy readers another article, this one focused on your team – know your team member’s strengths and weaknesses. Click here for a quick inventory on how to best utilize your and your team’s skills.See also, Target Market Clarity & How to Speak to YOUR Market!!! By Attorney Dellutri
webinar

Next Academy Webinar . . . Mark Your Calendar Now

When: August 21/2:00 Eastern
Who: Carmen Dellutri and Cathy Moran
Title: Are you a Lawyer OR a Marketer? How to be Both!
chapt20

Whose Hands are Dirtier? A Look at the Unclean Hands Doctrine

By David J. Rashé, Summer Law Clerk for Martha G. Bronitsky, Chapter 13 Trustee in the Northern District of California (Oakland)
In an opinion issued by the Ninth Circuit Court of Appeals, the unclean hands doctrine did not apply to allow the debtor to discharge a debt owed to a California marijuana dispensary. Rather, the debt could not be discharged and the debtor would have to address the debt through bankruptcy.
ansleyowens

Foreclosure Attorney Arrested for Contempt (Not password protected)

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A heated dispute between a judge and foreclosure attorney ended with the 70-year-old attorney handcuffed, charged with two felonies, and incarcerated overnight.
rapoport
HOTTEST ITEM FROM LAST WEEK

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs gives readers a July bonus in answering not one but two relevant ethics questions:

  • Must a bankruptcy lawyer disclose to a client before a case is filed that the bankruptcy lawyer is not evaluating the matter to determine whether the client has causes of action against creditors and that filing Chapter 13 may, if the plan gets confirmed, have the effect of waiving such causes of action?
  • Can a bankruptcy lawyer pay another lawyer $250 in “referral fees” for referring a Chapter 13 client to him?
July 20, 2015
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
Ms. Ps & Qs gives readers a July bonus in answering not one but two relevant ethics questions:

  • Must a bankruptcy lawyer disclose to a client before a case is filed that the bankruptcy lawyer is not evaluating the matter to determine whether the client has causes of action against creditors and that filing Chapter 13 may, if the plan gets confirmed, have the effect of waiving such causes of action?
  • Can a bankruptcy lawyer pay another lawyer $250 in “referral fees” for referring a Chapter 13 client to him?
hildebrand

The Serendipitous Side Effects of Chapter 13

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Who knew chapter 13 helps you live longer?
ansleyowens

No More Until Debts Do Us Part: Supreme Court Grants Married Same-Sex Couples the Same Joint Bankruptcy Protections as Opposite-Sex Couples

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)
The Academy welcomes upcoming 3rd year law student, Ansley Owens, as its first intern. You will see several by-lines from Ms. Owens over the next few months.In her first article, she dives straight into the deep end and analyzes state vs. federal exemptions as related to same-sex married couples.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

National Taxpayer Advocate Reviews Filing Season and Identifies Priority Areas and Challenges in Mid Year Report to Congress

Summary: “Don’t call us, and even if you do, we won’t answer.”

  • the IRS processed 126.1 million individual tax returns
  • the average refund amount was $2,711
  • the IRS answered only 37% of taxpayer calls routed to customer service
  • the IRS answered only 39% of calls from taxpayers seeking assistance from TAS on the National Taxpayer Advocate toll-free hotline
  • the IRS answered only 17% of calls from taxpayers who called after being notified their tax returns were blocked by the Taxpayer Protection Program on suspicion of identity theft
  • the IRS answered only 45% of calls from practitioners who called on the Practitioner Priority Service line, and hold times averaged 45 minutes
  • the number of “courtesy disconnects” received by taxpayers skyrocketed from about 544,000 in 2014 to about 8.8 million, an increase of more than 1,500%. The term “courtesy disconnect” is used when the IRS essentially hangs up on a taxpayer because its switchboard is overloaded and cannot handle additional calls

(But other than this, they did a great job.)

chapt20

Chapter 20 Debtors Can “Strip Off” a Wholly Unsecured Junior Lien on Debtor’s Primary Residence—Regardless of Debtors’ Eligibility for Discharge

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)
A quick synopsis of Boukatch out of the Ninth Circuit BAP.
rsimon
HOTTEST ITEM FROM LAST WEEK . . . In case you missed it . . .

A Note from the Mortgage Committee of the NACTT

By Russell C. Simon, Chapter 13 Trustee in the Southern District of Illinois and Co-Chair of the NACTT Mortgage Committee
As a follow-up to the Mortgage Servicing Issues session at the NACTT Annual Seminar in Salt Lake City, the NACTT Mortgage Committee shares the following information:

  • Effective December 1, 2015, numerous new forms will go into effect
  • Of particular note to Form 410A

Click here for a list of Conduit Trustees (please note the date of last revisions, there have been changes to this list)

July 13, 2015
Archives
rsimon

A Note from the Mortgage Committee of the NACTT

By Russell C. Simon, Chapter 13 Trustee in the Southern District of Illinois and Co-Chair of the NACTT Mortgage Committee
As a follow-up to the Mortgage Servicing Issues session at the NACTT Annual Seminar in Salt Lake City, the NACTT Mortgage Committee shares the following information:

  • Effective December 1, 2015, numerous new forms will go into effect
  • Of particular note to Form 410A

Click here for a list of Conduit Trustees (please note the date of last revisions, there have been changes to this list)

djacobs

Beware Overtime Pay In A Chapter 13!

By Douglas B. Jacobs, Jacobs, Anderson, Potter & Chaplin, LLP (Chico, CA)
Attorney Jacobs addresses the ‘well, I’ve got good news and I’ve got bad news’ involved in overtime pay for active debtors in Chapter 13 bankruptcy.
manning

A Failing Grade For the Post-BAPCPA Credit Counseling and Bankruptcy Education Industry? (PDF)

By Anita C. Butera, PhD, JD and Robert D. Manning, PhD
Persistent conflicts of interest, rise of outsourced Filipino credit counselors, and questionable nonprofit service providers are issues explored in this detailed, informative article.
bingo

Getting Priorities Right

(Not password protected)
hildebrand
IN CASE YOU MISSED IT…

SPECIAL EDITION Critical Case Comment

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

A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral.

See Also: Supreme Court Corner

July 6, 2015
Archives

seminar
Regina Logsdon and Mark Leffler

Shout out to all the attendees and speakers of the
NACTT 50th Anniversary Seminar

Fantastic Seminar All The Way Around

Due to the seminar, we are pleased to bring you the
following Greatest Hits

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Modification of a confirmed Chapter 13 plan under § 1329 can only be effected based upon changes in the debtor’s circumstances which were not known or not virtually certain; when a plan is modified, the “best interest of creditors test” is applicable as of the date of the modified plan.” (From March 2015)
siomos

In re Traverse and the Chapter 7 Trustee’s Power to Sell Property

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL
. . . “Hopefully, courts will continue rejecting the Traverse decision and will follow the law as written.” (From April 2015)Click here for the original article.
bruce

Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)
Vesting, re-vesting, at confirmation, if not at confirmation then when??? Attorney Bruce looks at case law showing the importance of vesting timing. (From May 2014)
June 29, 2015
Archives
4th of July

HAPPY BIRTHDAY,
AMERICA!!

hildebrand

SPECIAL EDITION Critical Case Comment

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

A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral.

See Also: Supreme Court Corner

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

As any Eagles fan knows, “you can’t hide your lyin’ eyes.” But how can you tell if your client is lying, and what should you do about it? Click here to find out!

HAVE A QUESTION FOR OUR ETHICS EXPERT? Click here. Your identity will remain anonymous.

hmorris

I Can Explain

By Helen M. Morris, Standing Chapter 13 Trustee for the Northern and Southern Districts of
West Virginia
icanexplain“The perfect t-shirt for Chapter 13 trustees is now available. It says: “I can explain it to you, but I can’t understand it for you.” It only comes in one color. Too bad ‘cause I need a week’s worth and think different colors would be nice. Let me share some of my recent experiences which have made this shirt so desirable.”
June 22, 2015
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Rule 3002(c) is applicable to secured claims in Chapter 13 cases and secured creditors must file a timely proof of claim in order to participate in a Chapter 13 plan.
leffler

When Things Don’t Go According to (the) Plan

§1307(b) Voluntary Dismissals: Be Careful What You Ask For – Part 3 of 3

By Mark C. Leffler, Esq., The Boleman Law Firm (Richmond, VA) (Special thanks to Editor Emily Connor Fort, Esq.)

Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. Part 2 looks at Law v. Siegel and the absolute right to dismiss. Now the conclusion to this 3 part series looks at bad faith and the existence of an escape hatch; or is it actually a trap door?

Click here for Part 3

hayes

Supreme Court Corner

By M. Jonathan Hayes, Certified Bankruptcy Specialist, Simon Resnik Hayes LLP (Sherman Oaks, CA)

Bank of America v. Caulkett, — U.S. —-, 134 S.Ct. —– (June 1, 2015)

Issue: May a chapter 7 debtor strip off a wholly unsecured secured claim pursuant to §506(d)?

Holding: No based on the previous ruling in Dewsnup.

Justice Thomas for 9-0 court

In other Supreme Court news:

(Not password protected)
cfpb

From the CFPB

(Not password protected)
CFPB Takes Action Against Servicemember Auto Lender For Aggressive Debt Collection TacticsAuto Loan Company Misled Servicemembers About Consequences of Nonpayment
errorpc

Just For Fun

(Not password protected)
June 15, 2015
Archives
markleffler

When Things Don’t Go According to (the) Plan

§1307(b) Voluntary Dismissals: Be Careful What You Ask For – Park 2 of 3

By Mark C. Leffler, Esq., The Boleman Law Firm (Richmond, VA) (Special thanks to Editor Emily Connor Fort, Esq.)

Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. For years, the majority opinion was that § 1307(b) gave Chapter 13 debtors an absolute right to dismiss their bankruptcy cases. However, after the Supreme Court’s 2007 Marrama decision, which held that bad faith is a basis for denying Chapter 7 debtors the right to convert to Chapter 13, the tide suddenly turned. Decision after decision began to hold that § 105(a) gave bankruptcy courts the ability to deny §1307(b) dismissals to Chapter 13 debtors who had acted in bad faith.Click here for Part 2

IT’S NOT TO LATE: REGISTER NOW FOR NACTT SALT LAKE CITY
DON’T MISS IT!

sensenich

Exactly What Is A Chapter 13 Trustee, Anyway? Some ruminations on a strange and unique position. Part 2 of 2

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont (Special thanks to Editor Joyce Babin, Chapter 13 Trustee, Little Rock, Arkansas)
A continuation of Trustee Sensenich’s look at the many hats of a Chapter 13 Trustee: Litigator, Mediator, Fiduciary, CEO, Educator and more.
deluttri

Target Market Clarity & How to Speak to YOUR Market!!!

By Carmen Dellutri, Esq., Dellutri Law Group, Fort Myers, FL

In the Academy’s continued efforts to bring you marketing ideas and expertise, we bring you the first in a 4 month series of articles from Carmen Dellutri. Carmen has built a highly profitable practice through cleaver and innovative marketing techniques.In addition to the article series, mark your calendar now for an August 21st webinar. Carmen Dellutri and Cathy Moran will present: If You Market, They WILL Come: How Bankruptcy Attorneys Must Also Be “Market-preneurs”

June 8, 2015
Archives
markleffler

When Things Don’t Go According to (the) Plan

§1307(b) Voluntary Dismissals: Be Careful What You Ask For

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

New from Attorney Leffler, the second installment in the series – When Things Don’t Go According to The Plan.In the first of this 3 part series, Leffler looks at § 1307(b) voluntary dismissals.REGISTER NOW FOR NACTT SALT LAKE CITY and get the Early Bird price of $800. DEADLINE FOR DISCOUNTED REGISTRATION IS TODAY – June 8th!

Mark Leffler joins Trustee Martha Bronitsky and creditor attorney Michael McCormick taking a look at the ethical issues involved in limited-scope representation and withdrawal from representation.

DON’T MISS IT!

sensenich

Exactly What Is A Chapter 13 Trustee, Anyway? Some ruminations on a strange and unique position. Part 1 of 2

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont (Special thanks to Editor Joyce Babin, Chapter 13 Trustee, Little Rock, Arkansas)

This may, at first, seem an odd title for an article appearing in a publication which is largely addressed to Chapter 13 Trustees. One would hope that we would know what we are. However, what is your response when you are asked, “So, what do you do?”


Next week’s conclusion looks at Chapter 13 Trustees as: Litigator, Mediator, Fiduciary, CEO, Educator and more.

supremecourt

The Supremes Decide Another One . . .

The Supreme Court decided the case of Bank of America, N.A. v. Caulkett. The Court held, unanimously (except for a caustic footnote related to Dewsnup) that a debtor in a chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d) when there is inadequate equity to support the junior lien because a senior mortgage exceeds the value. SCOTUS reinforced Dewsnup in holding that where, as here, the junior lien claims are secured by a lien and allowed under Section 502, that claim cannot be voided under the definition given to the term “allowed secured claim” that was given in Dewsnup. The Court emphasized that when you add the effect of Section 1322(b)(2), the results might well be different, as they were in Nobleman.Click here for the OpinionSee also:

wbrown

From the Editor’s Desk – Claims

By The Honorable William Houston Brown (Retired)
supremecourt

HOTTEST ITEM FROM LAST WEEK

Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.The opinion may be accessed by clicking here. (Not password protected)See Also:

NEW THIS WEEK: Update on the Supreme Court’s Decision in Wellness: Seriously Inferior Courts

June 1, 2015
Archives
supremecourt

Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.The opinion may be accessed by clicking here. (Not password protected)

See Also:

joelee

Long-Time Bankruptcy Judge Passes Away

The Honorable Joe Lee United States Bankruptcy Judge, 89, pioneer for bankruptcy reform, died May 21, 2015.See also: United States Bankruptcy Judge Joe Lee, Who Presided Over Calumet Farm Case, Dies At 89

fromthecourts

From the Courts

(Not password protected)

New Judge Named

cfpb

From the CFPB

(Not password protected)

CFPB And Florida Attorney General Obtain $27.7 Million Judgment Against Foreclosure Relief Scam Companies – Court Enters Judgment Against Hoffman Law Group and Affiliates for Deceiving Consumers and Collecting Illegal Advance Fees; Individuals Involved to Auction Jewelry, Watches to Pay Redress

REGISTER NOW FOR NACTT SALT LAKE CITY and get the Early Bird price of $800. DEADLINE FOR DISCOUNT IS June 8th!

cfpbCFPB expert Joann Needleman, leader of Clark Hill’s Consumer Financial Services Regulatory & Compliance Group, will speak on WHY you need to know about the CFPB and how it affects your practice. DON’T MISS IT.

nugent

HOTTEST ITEM FROM LAST WEEK

Surrender and Vesting: Shedding the Underwater House

By The Honorable Robert E. Nugent, Chief United States Bankruptcy Judge, District of Kansas (Wichita)
“A Rose is not a Rosa – Two Opposing Views on Surrender, §1325(a)(5)(C). Two cases with similar names but different outcomes illustrate the debate.”
May 25, 2015
Archives

memorialdaybannner
nugent

Surrender and Vesting: Shedding the Underwater House

By The Honorable Robert E. Nugent, Chief United States Bankruptcy Judge, District of Kansas (Wichita)
“A Rose is not a Rosa – Two Opposing Views on Surrender, §1325(a)(5)(C). Two cases with similar names but different outcomes illustrate the debate.”

Meet Another New Trustee

John M. Hauber was appointed as the Chapter 13 Standing Trustee for the Southern District of Indiana, Indianapolis Division on April 1, 2015. He replaces the retired Bob Brothers.
wbrown

From the Editor’s Desk

By The Honorable William Houston Brown (Retired)
viegelahn

Supreme Court Decides Harris v. Viegelahn

(Not password protected)
Supreme Court holds that debtor gets the undistributed money on conversion.REGISTER NOW for NACTT Salt Lake City and meet Trustee Mary Viegelahn in person. Trustee Viegelahn will be moderating a panel on Domestic Support Obligations, Priority Claims, and Other Domestic Relations Issues. She will be joined by The Honorable Robert D. Berger, United States Bankruptcy Judge for the District of Kansas and DSO expert John J. Johnston of Dixon & Johnston Law Office in Belleville, IL.

Also from the Supremes

(Not password protected)

High Court Ruling Adds Protections for Investors in 401(k) Plans

Supreme Court rules plan administrators must continue ‘to monitor trust investments and remove imprudent ones’
plessy

From The Courts: A Historical Look

(Not password protected)
cfpb

From the CFPB

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
irs

From the IRS

(Not password protected)

Small Business Retirement Plan Penalty Relief Expires Soon

“You still have time to file retirement plan tax returns for your small business.”
rapoport

HOTTEST ITEM FROM LAST WEEK

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“Dear Readers: I’m assuming that, by now, you’ve heard about (and, I hope, read) the Court’s opinion in In re CLTI, LLC: Memorandum Opinion on Jeremy Alcede’s Emergency Motion Objecting to Proposed Order Regarding Social Media Accounts . . . If you haven’t, then this case falls into the world of You Can’t Make These Things Up.The issue in this case was whether the debtor’s social media accounts can ever be considered property of the estate. (Spoiler alert: yes, at least when it’s a business debtor and the social media accounts are business accounts.) But I don’t write a ‘here’s a new case’ column. I write an ethics column. So let’s read the opinion for some hints about potential ethics issues . . . “
May 18, 2015
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport
“Dear Readers:  I’m assuming that, by now, you’ve heard about (and, I hope, read) the Court’s opinion in In re CLTI, LLC: Memorandum Opinion on Jeremy Alcede’s Emergency Motion Objecting to Proposed Order Regarding Social Media Accounts . . . If you haven’t, then this case falls into the world of You Can’t Make These Things Up.  The issue in this case was whether the debtor’s social media accounts can ever be considered property of the estate. (Spoiler alert: yes, at least when it’s a business debtor and the social media accounts are business accounts.) But I don’t write a ‘here’s a new case’ column. I write an ethics column. So let’s read the opinion for some hints about potential ethics issues . . .”

Demystifying the Discharge of Tax Debts

By Larry Heinkel, Esq., TaxProblemLaw.com
Recently, The Academy presented a wonderful webinar on the discharge of income taxes, by experts Al Russo and Morgan King.
As a follow-up, tax and bankruptcy attorney Larry Heinkel (the creator of www.TaxDischargeDeterminator.com), brings us, in laymen’s terms, what a practitioner needs to know to help him or her avoid malpractice and even, perhaps, make money in the art of discharging taxes in bankruptcy.
eduardorodriguez

From the Courts

(Not password protected)

NACTT Salt Lake City Speaker Newly Appointed Judge

pattonEduardo V. Rodriguez has been appointed as the United States Bankruptcy Judge for the Southern District of Texas.  Rodriguez will have big shoes to fill as he steps into the judgeship vacated by retiring Judge Richard S. Schmidt.  In Salt Lake City Rodriguez will be speaking with Trustee Russell Simon, Mike Bates and John Crane of Aldridge Connors on Mortgage Servicing Issues, Including Proofs of Claim.REGISTER NOW
nclc

From NCLC

(Not password protected)
U.S. House Bill Would Suspend a Homeowner’s Right to Enforce Accurate Mortgage Pricing – Advocates Oppose Bill that Would Let Lenders Off the Hook
Click Here for the NCLC report.
cfpb

From the CFPB

(Not password protected)
irs

From the IRS

(Not password protected)
Find Out How ACA Affects Employers With Fewer Than 50 Employees (Note: the last 2 paragraphs might be of interest to you)
kevinanderson

HOTTEST ITEM FROM LAST WEEK

Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah
Trustee Anderson brings a Critical Case Comment that could also be published in the Sanctions and Irony and Fraud, Oh My! Department.Whether motivated by altruism or greed, the surreptitious use of post-dated checks by debtors’ counsel to pay Chapter 7 and Chapter 13 attorney’s fees violated the mandatory bankruptcy disclosure requirements and merited sanctions of $61,534 and the disgorgement of $127,971 in fees earned in 300 cases over two years.
May 11, 2015
Archives
kevinanderson

Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah
Trustee Anderson brings a Critical Case Comment that could also be published in the Sanctions and Irony and Fraud, Oh My! Department.Whether motivated by altruism or greed, the surreptitious use of post-dated checks by debtors’ counsel to pay Chapter 7 and Chapter 13 attorney’s fees violated the mandatory bankruptcy disclosure requirements and merited sanctions of $61,534 and the disgorgement of $127,971 in fees earned in 300 cases over two years.
supremecourt

Supreme Court Decides Bullard v. Blue Hills Bank

In a unanimous decision, the Supreme Court affirmed the First Circuit’s decision that denial of confirmation of a Chapter 13 plan is not a final order that the debtor can appeal. In contrast to a confirmation order, which has preclusive effect, denial of confirmation leaves the rights and obligations of the parties unsettled, with the debtor able to propose another plan.Click here for The Court’s decision (no password required).If you are an Academy member, for more background see: Supreme Court to Review Whether Denial of a Chapter 13 Plan is a Final Order and Thus Appealable by M. Jonathan HayesStill not a member? Click here and join now.See also (not password protected):

nactt

NACTT Big Announcement

The NACTT is pleased to extend the deadline for discounted “early” registration ($800) for the NACTT Annual Seminar until June 1st.The conference date is fast approaching and it will be a great event. Register now and secure your $100 discount.Click here for the complete Program.
wbrown

From the Editor’s Desk – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

The Fair Debt Collection Practices Act grabbed Judge Brown’s attention this week. Check out these 3 case synopses:

davidhowe

Tragedy Hits Chapter 13 Community

It is with great sadness that we say good-bye to Chapter 13 Trustee David Howe. Trustee Howe served as a Chapter 13 Trustee for the Western District of Washington in Tacoma since 1990. He was an outstanding human being and will be greatly missed.Click here for more.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

The following two stories are related. They are not regarding a Chapter 13 case, however, the way the money was hidden is interesting: cashier’s checks, given to family members to hold.

nclc

NCLC Nationwide Survey Finds Major Problems with Mortgage Servicers

(Not password protected)
The National Consumer Law Center (NCLC) conducted a nationwide survey from February 24 to March 3, 2015, of more than 100 attorneys and housing counselors representing homeowners. The survey’s results show significant ongoing problems with mortgage servicing. While the CFPB’s mortgage servicing regulations have made important progress in standardizing industry practices, enhancing procedural transparency, and improving servicer accountability, many challenges remain.
hildebrand

HOTTEST ITEM FROM LAST WEEK

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A debtor’s filing of an untimely 1040 tax return form, filed after the Internal Revenue Service has already assessed a tax liability, is not a tax return for purposes of § 523(a)(1).
May 4, 2015
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A debtor’s filing of an untimely 1040 tax return form, filed after the Internal Revenue Service has already assessed a tax liability, is not a tax return for purposes of § 523(a)(1).
pardo

The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy

Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory University School of Law, Atlanta, GA (Used With Permission and Not password protected)
“This Article offers new insights into understanding the complexities and costs of the litigation burden that Congress has imposed on debtors who seek a fresh start in bankruptcy. . . .”
gustafson

Bankruptcy-Life Pro Tips

(Not password protected)

Science Says Sitting Is Killing Us – So It’s IT To The Rescue

By The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio

“If you are like me, news like this makes you want to do something. . . . But not something as radical as getting a stand up desk, or even more unthinkable, a treadmill desk. (Now, when they come out with the hamster wheel desk, maybe I’ll consider it.)”

irs

From the IRS

(Not password protected)
cmoran

HOTTEST ITEM FROM LAST WEEK

Attorneys Fees and The “Law” of Averages

By Cathy Moran, Certified Bankruptcy Specialist, Mountain View, CA
flipcoin“The law of averages doesn’t work on numbers this small, I was told.”See also currently in the news: Bankruptcy Court Rules “One-Size-Fits-All” Is Wrong Approach For Evaluating Request For Payment of Attorney’s Fees NEW THIS WEEK ***** Not Chapter 13 but may be of interest . . . Citing Plain Language of Bankruptcy Code and Split With Other Circuits, Fifth Circuit Overturns Pro-Snax Decision *****