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ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

This Week's Featured Articles

Copy of Hildebrand-2016
A person or entity need not physically prepare a bankruptcy petition for a pro se debtor in order to be a bankruptcy petition preparer, but a debtor must have paid some compensation for the “services” provided.
Members
NBR cropped 2
May 19, 2024
Debtor Attorneys, this one is specifically for you – a very direct answer from our ethics expert on a real-world scenario regarding ghosting clients (ghosting is an adjective here, not a verb! Have a question for Ms. Ps & Qs? Click here – you may remain anonymous if you wish.
Members
William-1_print_2019
The Fourth Circuit ruled that federal tax debts can affect one spouse's interest in such property, even if the debt isn't jointly held. They also clarified that the value of a debtor's share in this type of property isn't necessarily the fair market value of the whole property, but rather their interest in the tenancy.
Members
Academy Circle Logo Final
May 19, 2024
In Marshall v Johnson, 2004 WL 1953490 (7th Cir. May 3, 2024), the Seventh Circuit agreed with the holdings from the Ninth and Tenth Circuits, In re Doll, 57 F.4th 1129 (10th Cir. 2023), and In re Evans, 69 F.4th 1101 (9th Cir. 2023). Under these decisions, Chapter 13 trustees may not retain fees when the case is dismissed prior to confirmation.

Curated (Free) Selections

NEW as of 5/15 - Department of Education Extends Key Student Loan Forgiveness Deadline - Borrowers with Federal Family Education Loans (FFEL) not held by the federal government now have until June 30, 2024, to consolidate their student debt into federal loans in order to take advantage of a program that gives borrowers extra credit toward having forgiveness.

Turns out more than a few of you clicked this item last week so we are running it again . . .

A few of you will find this Opinion of interest. . . In a Chapter 13 case, Court granted the United States' motion to proceed with its False Claims Act action (centered around alleged fraud by the debtors in obtaining a loan under the Paycheck Protection Program) against the debtor, ruling that it falls within the police and regulatory exception to the automatic stay, with the aim to deter fraudulent activity related to COVID-19 relief funds.

Current Articles

Bronitsky
May 12, 2024
Say it isn’t so!!!!! The bankruptcy community bids farewell to Judge Brian Lynch, a devoted jurist leaving a lasting impact on Chapter 13. Known for his advocacy and leadership, Judge Lynch's retirement marks the departure of a stalwart champion of bankruptcy law reform and education, leaving behind a legacy of compassion, humor, and dedication to improving the system.
Members
Scott Waterman
May 12, 2024
Big news . . . Sneak peak . . . Coming in July . . . You are gonna want this article (just sayin’) Starting July 1st, Chapter 13 debtors in Federal Student Loan income-driven repayment plans will no longer need to classify their student loans separately to receive IDR credit. Credit towards forgiveness will be awarded for each month of trustee payments, regardless of payments made directly to the Department of Education.
Members
branson2
The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.
Members
Copy of Hildebrand-2016
Failure of an employer to comply with the terms of a payroll deduction order justifies a finding of contempt and the award of costs, attorney’s fees, and potential referral for criminal action.
Members
bobdrummond
May 5, 2024
“ . . . creditor couldn’t fetch a break. . . . Court first found that the state court judgment was void because it was entered after the discharge order. . . . also found the creditor in contempt of the discharge injunction.”
Members
johnmclean
May 5, 2024
When a person sells goods for the account of the owner and thereafter does not pay the owner, is the debt discharged under the bankruptcy law at the time? Yep.
Members

More Articles

Screenshot
April 28, 2024
“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”
Members
RHONDA HOLE 2016  COPYRIGHT
April 28, 2024
It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.
Members
moran_cathy
April 28, 2024
The Academy’s webinar on the expense side of the means test produced more questions than time allowed to answer. Here are a few more answers (or admonitions).
Members
lutz
April 28, 2024
The Circuit Executive for the Sixth Circuit announces that the U.S. Court of Appeals for the Sixth Circuit has selected Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky to fill the vacancy created by the retirement of Bankruptcy Judge Tracey N. Wise. He took the oath of office on April 19, 2024.
hayes
April 21, 2024
By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.
Members
moran_cathy
April 21, 2024
Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.
Members

Current Webinars

May 14, 2024
This webinar features three distinguished experts in the legal realm of mortgage servicing - Michael J. McCormick, a seasoned senior...
Members
March 28, 2024
Join experts* Cathy Moran and Jill Michaux for a 90-minute discussion on cutting through the quirks and quagmire of utilizing...
Members
September 21, 2023
Join Josh Cohen (The Student Loan Lawyer) and Scott Waterman in a FAST one hour look at the very first...
Members
January 28, 2023
Join our panel of experts* as they discuss the specifics of the brand new DOJ Guidelines, how they are geared...
Members
September 1, 2022
Join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialists in marketing...
Members
January 15, 2022
Join our panel of experts as they expound on the discussion that began in our webinar on December 16th entitled...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: