Ms. Ps & Qs

Dear Readers:

Sorry about my one-month hiatus: I’ve just become the Interim Dean of the William S. Boyd School of Law here at UNLV, and I’m still getting my sea legs.[1]

As we celebrate our nation’s founding, it’s a good time to remember just why good lawyers are important. Good lawyers are among the people who founded our country, and good lawyers are the ones who are keeping our justice system running fairly.

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New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Robert B. Branson, Tammy Branson

March 26, 2023

The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

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Good or Bad Faith?

Hale Andrew Antico

September 10, 2023

The Ninth Circuit BAP held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate.

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ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

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CFPB Proposes Changes to HMDA Rules

May 5, 2019

The CFPB (Bureau), May 2, 2019, issued a Notice of Proposed Rulemaking (NPRM), which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act (HMDA) rules. The NPRM would provide relief to smaller lenders from HMDA’s data reporting requirements, and would clarify partial exemptions...

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

September 8, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

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6 Steps to Ethical Unbundling of Bankruptcy Representation

March 21, 2021

By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...

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ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property

July 7, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) The Commission heard from several individuals and attorneys that related tales of Chapter 7 trustees negotiating a “carve out” with a lienholder on the debtor’s real property when there was no equity available in the property. The way this works is that when property came into a Chapter 7...

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The Case of the Naked Client

Cathy Moran

December 10, 2023

“The bankruptcy petition came to my desk for review with no entry for “clothing and wearing apparel”. Funny, I think I’d remember if I’d interviewed any naked people lately.” Although filled with Attorney Moran’s wit, there is an important lesson here! Feel free to add your own ‘naked client’ story in the comments section below the article.

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Why Address Formatting Is So Important for Jurisdiction

October 24, 2021

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...

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Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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Related Articles

New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Good or Bad Faith?

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

CFPB Proposes Changes to HMDA Rules

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

6 Steps to Ethical Unbundling of Bankruptcy Representation

ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property

The Case of the Naked Client

Why Address Formatting Is So Important for Jurisdiction

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

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