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Curated (Free) Selections

New Judge

Notice of Appointment of New Bankruptcy Judge

On September 20, 2024, the United States Court of Appeals for the Sixth Circuit appointed Paul R. Hage as a United States Bankruptcy Judge for the Eastern District of Michigan.

From NCBRC

The 9th Circuit Confirms that Chapter 13 Debtors Have an Absolute Right to Dismiss

Sanctions and Irony and Fraud, Oh My!

Man Pleads Guilty to Bankruptcy, Mail Fraud Charges in Connection to 2022 South Side Fire

Illinois Police Official Indicted on Bankruptcy Fraud Charges

Student Loans Chronicles

Two Major Student Loan Grace Periods Set to Expire - Here's What to Know

Last Pandemic-Era Student Loan Benefit Ends Even as Borrowers Struggle to Make Payments

From the AO

From the Administrative Office of the Courts

In September 2024 the Judicial Conference approved the recommendation to make amendments to Official Form 410 (concerning the uniform claims identifier) effective December 1, 2024, instead of the original effective date of December 1, 2025. The new Official Form 410 Proof of Claim can be found here.
The following rules and form were published for comment in August: Bankruptcy Rules 1007, 3018, 5009, 9006, 9014, 9017, new Rule 7043, and Official Form 410S1. The comment period is open until February 17, 2025. Click here for the proposed amended rules and directions on how to submit comments. Comments are encouraged.

This Week's Featured Articles

Expectations for the 341 Meeting of Creditors

Martha G. Bronitsky

October 6, 2024

This week Trustee Bronitsky brings subscribers an excellent checklist on conducting 341’s – yes, we know, unless you are new to consumer bankruptcy practice you’ve been doing them for years but chances are you too need this reminder!!

Members

A Pricey Lesson in Chapter 13 Fees

Henry E. Hildebrand, III

October 6, 2024

The district’s “no-look” fee is just a guideline for the court to assess what is reasonable for a debtor’s attorney to charge for filing a Chapter 13 case: the debtor’s attorney seeking something beyond it must prove that the fee is justified.

Members

Overruled: The Human Toll of Too Much Law – A Book Review

M. Jonathan Hayes

October 6, 2024

“What, he [Gorsuch] explains, jumped out at me is that not only are there too many laws and administrative rules, but there are too many laws and rules created by agencies -- by individuals not chosen by we the people, and often in the far-away land we call Washington.”

Welfare Debt – A Study

Edward C. Boltz

October 6, 2024

“The government is owed this debt through a welfare cost recovery system which requires custodial parents that file for welfare benefits to pursue child support from noncustodial parents and assign those rights to the government.”

Current Articles

Missed Notices, Big Consequences: Ninth Circuit Clarifies Creditor Rights

Henry E. Hildebrand, III

September 29, 2024

Creditor with inadequate notice holds a fully nondischargeable obligation following a Chapter 7 discharge.

Members

Well, I Thought We Were Surrendering the Vehicle

John Hooge

September 29, 2024

In a Chapter 7 client surrendered her vehicle. Case was filed declaring such and no vehicle ownership expense was claimed. Subsequently, the lender offered a modified loan with a reduced monthly payment that was found acceptable. Accordingly, client now plans to reaffirm. This raises several procedural questions Attorney Hooge answers for us.

Members

Honoring Jan Sensenich

Dynele Schinker-Kuharich

September 29, 2024

Jan Sensenich is retiring today . . . . Bidding farewell to Jan is no easy task. He has been a well-respected Chapter 12 Trustee and Standing Chapter 13 Trustee for 33 years . . . We love and will miss you, Jan, but won’t miss you too much! Jan plans to continue writing for ConsiderChapter13.org!!

Farewell to a Powerhouse of Energy!

Sylvia Ford Brown Esq.

September 29, 2024

When you hear the words “gone too soon,” it is usually related to death. Fortunately, that is not the case here. Pamela Simmons Beasley, Chapter 13 Trustee for the District of South Carolina in Columbia, made an indelible impression on me and the NACTT. We will miss you, Pam!

Passing of Beloved Former Trustee

The Academy

September 29, 2024

It is with great sadness that we report the passing of Trawick "Buzzy" Hamilton Stubbs Jr. on September 25th.

Taekwondo Takedown: Chapter 7 Dismissed Over Discretionary Spending

Henry E. Hildebrand, III

September 22, 2024

The debtor’s family expense for nonessential taekwondo training and gym memberships demonstrated an abuse of Chapter 7 and the case would be dismissed unless converted to a Chapter 13.

Members

When Laws Collide, You Need the Right Word

Cathy Moran

September 22, 2024

As lawyers, words are our stock in trade. Here, Cathy and Ed Boltz look at an explanation of the difference between preemption and preclusion.

Members

Meet A New Twofer Trustee

The Academy

September 22, 2024

Lilian G. Tsang was appointed as Chapter 13 Standing Trustee for the Eastern District of California on September 1, 2023. Then, on January 1, 2024, Lilian took on the Fresno and Bakersfield divisions.

Fannie/Freddie Flex Modification Update

Roberto Rivera

September 22, 2024

We are pleased to provide a detailed guide to new guidelines for Flex Modifications effective both 11/1 and 12/1.

Crime Does Pay in Bankruptcy

Daryl J. Smith

September 15, 2024

The statutes and case law surrounding bankruptcy and criminal debts involve nuanced distinctions and rigorous proof requirements. Trustee Smith brings ConsiderChapter13.org readers insight into what is and what is not dischargeable.

Members

Be Sure Your Sins Will Find You Out

Henry E. Hildebrand, III

September 15, 2024

Failure of a Chapter 13 debtor to disclose the existence of a cause of action which accrued prior to or shortly after the filing of the petition merits dismissal of the case with a one-year bar against a subsequent bankruptcy filing.

Members

Tribute to Barbara P. Foley, Esq.

Hon. Scott W. Dales

September 15, 2024

“ . . . Barb quickly put my concerns to rest . . . . She was respectful but firm, of course, and I could also detect a nurturing side. We talked about, of all things, my relationship with my mother (let's not go there!) and I foresaw that Barb would be making her mark on our district.” We will miss you, Barb!!!