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January 17, 2022
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Archives |
Director of U.S. Trustee Program to Retire
1/13/22 the Justice Department announced the retirement of Clifford White, the Director of the Justice Department’s U.S. Trustee Program, which oversees the administration of bankruptcy cases, effective March 31, 2022.
Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings
When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)
Good Stuff Out of Max Gardner’s 12/29 Webinar
Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer
Response to NOE from Loan Servicer
A note from Max: If you want to sign up for the videos (free through Jan 31, 2022) go to https://maxconsumerdefenseacademy.com/ and click on the menu tab MAX ON ZOOM. Scroll down to HOLIDAY OFFER and create a new account (even if you have an existing account you must create a new one–you can use your same email address, but a new password). If you sign up for the Holiday Offer, I will add you to another Box.com folder of materials that correspond with these videos.
Webinar Recordings Available:
3002.1 Proposed Rule Changes: The Webinar 12/16/21
3002.1 The Dialogue Continues Produced 1/14/22
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW
NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For
Second Circuit Decides Mortgage Servicing Issue
In Naimoll v. Ocwen Loan Servicing, LLC, the Second Circuit construed the catch-all provision of Regulation X, 12 C.F.R. § 1024.35, as being broad enough to cover the servicing errors alleged by the borrower.
See also:
Second Circuit Court of Appeals ruling in Ocwen/PHH case is major victory for homeowners, landmark decision will expand, strengthen RESPA, Regulation X protections
From Above the Law
- A Step-By-Step Guide to Disaster-Proofing Your Business (Not many of you clicked this link so I’m leaving it in another week – you know you need to glance at this and get to work on your own Disaster Preparedness Plan!)
Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
From the CFPB
- CFPB Issues Bulletin to Prevent Unlawful Medical Debt Collection and Credit Reporting – New Law Limits Surprise Medical Bills
- CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations
For Your Blog
- . . . Still Not Blogging? You are missing a potential revenue stream.
From the Courts
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- Munster Woman Ordered to Pay Over $80,000 in Restitution to Chapter 13 Bankruptcy Trustee (Great job Trustee Chael!)
- Attorney Accused of ‘Extreme and Egregious’ Behavior Over Harassing Emails to Biglaw (Not bankruptcy related but, um, interesting, yeah, that’s the word, interesting.)
IN CASE YOU MISSED IT. . .
Do I Really Have to Tell the Trustee About Newly Acquired Assets?
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 10, 2022
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Archives |
Do I Really Have to Tell the Trustee About Newly Acquired Assets?
On More Effective Writing
“Defined Terms Are Not Your Friend. Lawyers love defined terms.”
Although specifically written to attorneys in his court, Judge Kimball addresses a national issue – verbose,v ague and illogical writing patterns. In a short, humorous way, he gives a fantastic primer on writing motions and responses.
FREE WEBINAR REGISTER NOW
Friday, January 14th at 2 Eastern
3002.01 The Discussion Continues
Join our panel of experts as they expound on the discussion began in our webinar on December 16th entitled 3002.1 Proposed Rule Changes: The Webinar which is now available for viewing*.
Panelists:
Debra L. Miller – “Conduit” Chapter 13 Trustee
Marie-Ann Greenberg – “Non-Conduit” Chapter 13 Trustee
Hilary B. Bonial, Esq. – Bonial & Associates, P.C.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!
Chapter 12 in the News
From Above the Law
Positions Available
Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
From the CFPB
- CFPB Shutters Lending by VC-Backed Fintech for Violating Agency Order – Google Ventures, Andreessen Horwitz, Kleiner Perkins, and other prominent venture capital firms invested in LendUp (Attention: Debtor Attys – this one seems a little more of interest than most of these CFPB notices.)
From NCBRC
For Your Blog
- IRS Sending Letters to Advance Child Tax Credit Recipients – Recipients urged tohold onto them for preparing their 2021 federal tax returns in 2022.
- IRS News from Around the Nation (All on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)
From the Courts
- Western District of TX Austin Division – Amended Standing Order for Chapter 13 Case Administration for the Austin Division Effective in all Cases Filed on and after January 1, 2022
- Northern District of IL – New Chapter 13 Mortgage Modification Mediation Program
- District of KS – Proposed Changes to Local Rules – Comments due by 1/10/22
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- District of SC – Request for Comment on the Local Form Chapter 13 Plan and CM/ECF Event Changes
- District of MN – New Chpt 13 Plan Form effective 1/1/22
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- Former NFL Star Clinton Portis Seeks to Avoid Prison Time for Fraud; Federal Prosecutors Seek 10-16 Months
- Trustee in Tomaszewski Bankruptcy Seeks Order to Obtain Tax Refunds – Click here for a background article
- Convicted House-Flippers Now Face Rent Fraud Charges (Juicy but not bankruptcy related.)
- Police Say Utah Businessmen Took $888K from Customers, Never Delivered a Trailer (Somewhat interesting but not bankruptcy related.)
- Reagor in Deeper Trouble Than Previously Thought, Feds Seek Even More Than 30 Years Prison Time (Not particularly exciting past the headline unless you are already familiar with the case.)
IN CASE YOU MISSED IT. . .
Judicial Year in Review 2021
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BY THE NUMBERS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 3, 2022
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Archives |
2022 – Really???
It doesn’t seem possible that it is the year Two Thousand and Twenty-Two!
Since 2008, The Academy d/b/a ConsiderChapter13.org has brought you the cutting edge of trends, developments, and case law in consumer bankruptcy.
Here’s to a long future of more of the same.
In the coming weeks we have a lot to look forward to: The Limits of Judicial Grace and Patience; More Effective Writing; Sunset Provisions; “Technical” Stay Violation Can Still Cost . . . A Lot; Yes, You Have to Tell The Trustee about New Assets; Trustees’ Compensation; and MUCH MUCH MORE.
New Region 21 UST
Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands
Mark Your Calendar for Another FREE Webinar
3002.01 The Discussion Continues
Join our panel of experts on Friday, January 14th at 2 Eastern for a continued discussion of the proposed changes to Federal Rule 3002.1. Watch for registration information.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!
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December 27, 2021
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Archives |
Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth
Student Loans Chronicles
Judicial Year in Review 2021
From the IRS
- IRS News from Around the Nation (This is pretty cool – all on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)
Available Judgeships
From the CFPB
- CFPB Shutters Lending by VC-Backed Fintech for Violating Agency Order – Google Ventures, Andreessen Horwitz, Kleiner Perkins, and other prominent venture capital firms invested in LendUp (Attention: Debtor Attys – this one seems a little more of interest than most of these CFPB notices.)
For Your Blog
- IRS Sending Letters to Advance Child Tax Credit Recipients – Recipients urged to hold onto them for preparing their 2021 federal tax returns in 2022.
From the Courts
- Western District of TX Austin Division – Amended Standing Order for Chapter 13 Case Administration for the Austin Division Effective in all Cases Filed on and after January 1, 2022
- Southern District of MS – Effective January 1, 2022, no more static PDF format 341 meeting calendars on its website.
- Northern District of IL – Questions? Complaints? Concerns? Tell the Bankruptcy Court Liaison Committee
- Northern District of IL – New Chapter 13 Mortgage Modification Mediation Program
- District of KS – Proposed Changes to Local Rules – Comments due by 1/10/22
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- District of SC – Request for Comment on the Local Form Chapter 13 Plan and CM/ECF Event Changes
- District of MN – New Chpt 13 Plan Form effective 1/1/22
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT. . .
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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December 20, 2021
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Archives |
Judicial Year in Review 2021 – Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors
Meet a New Trustee
Available Judgeships
From the CFPB
- CFPB Opens Inquiry into “Buy Now, Pay Later” Credit – Buy Now, Pay Later Expected to Set New Records for Lending this Holiday Season
- CFPB Report Highlights Supervisory Findings of Wide-Ranging Violations of Law in 2021 – Examiners found violations in areas including mortgage servicing, fair lending, payday, and remittances
Student Loans Chronicles
For Your Blog
From the Courts
- Central District of CA – This is nifty – Central Guide to Replace the Court Manual Effective NOW
- District of KS – Proposed Changes to Local Rules – Comments due by 1/10/22
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- District of SC – Request for Comment on the Local Form Chapter 13 Plan and CM/ECF Event Changes
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- New Jersey Attorney Disbarred Following Conviction in $873K Mortgage Fraud Scheme – (And a diligent 13 Trustee started it all!)
- Augusta Man Convicted of Multi-Million-Dollar Scheme to Defraud a Mortgage Lender Defendant also committed bankruptcy fraud and lied under oath
IN CASE YOU MISSED IT. . .
Sanctions in South Carolina
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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December 13, 2021
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Archives |
Sanctions in South Carolina
Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims
Appointment of New Trustee
As of January 1st, Erin M. McCartney will be the new Chapter 13 Standing Trustee for the District of Nebraska. Ms. McCartney has big shoes to fill as she will be replacing our friend Kathleen Laughlin upon her retirement.
Congratulations Erin McCartney!
Chapter 12 In The News
Debt Collection
A popular item from last week – Debt collectors can now text, email and DM you on social media (An excellent piece for your client communication – i.e. newsletter, blog)
From the CFPB
- CFPB Report Highlights Supervisory Findings of Wide-Ranging Violations of Law in 2021 – Examiners found violations in areas including mortgage servicing, fair lending, payday, and remittances
Webinar This Week – Register Now
3002.01 Proposed Rule Changes: The Webinar
Join our panel of experts on Thursday, December 16 that 2 Eastern for a lively discussion of the proposed changes to Federal Rule 3002.1.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!
From NCBRC
For Your Blog
Get Ready for Taxes
Families who received advance payments will need to compare the advance Child Tax Credit payments that they received in 2021 with the amount of the Child Tax Credit that they can properly claim on their 2021 tax return.
In January 2022, the IRS will send Letter 6419 with the total amount of advance Child Tax Credit payments taxpayers received in 2021.
Taxpayers who received less than the amount for which they’re eligible will claim a credit for the remaining amount of Child Tax Credit on their 2021 tax return. Taxpayers who received more than the amount for which they’re eligible may need to repay some or all of the excess payment when they file.
From the Courts
- Central District of CA – This is nifty – Central Guide to Replace the Court Manual Effective NOW
- Southern District of GA – Reminder: The Honorable Edward J. Coleman, III is holding in-person hearings in the Savannah and Statesboro Divisions
- District of KS – Proposed Changes to Local Rules – Comments due by 1/10/22
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- District of SC – Request for Comment on the Local Form Chapter 13 Plan and CM/ECF Event Changes
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- A Bankruptcy Petition Preparer in Goshen, Indiana was Sentenced for Subornation of Perjury – “Certain debtors and clients of Phillips reported that she had induced them to falsely state on their bankruptcy documents that they had paid her half of the amount they had actually paid her for her services.”
- Private Jet Charter Company CEO Convicted of Bankruptcy Fraud – A federal judge convicted a Reston businessman on a series of fraud charges related to a personal bankruptcy case.
- Judge is Kicked Off Foreclosure Case that Morphed into ‘Ever-Escalating Battle’ (Not bankruptcy but somewhat juicy.)
IN CASE YOU MISSED IT. . .
Judicial Year in Review 2021 – Part 3 Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB V (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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December 6, 2021
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Archives |
Critical Case Comment – Absolute Right to Dismiss But Not the End of the Story
Judicial Year in Review 2021
New Study
Debt Collection
Debt collectors can now text, email and DM you on social media (An excellent piece for your client communication – i.e. newsletter, blog)
Passing of Judge
Judge Jack B. Schmetterer (retired) of the Northern District of Illinois has passed away.
See also:
From the Archives
Chapter 13 Under the Bankruptcy Act and Chandler Amendments
An older article but still a great primer on the history of bankruptcy.
From Above the Law
Respect, Relationships, and Responsibility: The Three Rs of Modern Law and Business
It is no longer enough to simply deliver a service or a product; a reliable connection must be made and nurtured as well.
Upcoming Webinar – Register Now
Title: 3002.1
Join our panel of experts on Thursday, December 16th at 2:00 Eastern for a lively discussion of the proposed changes to Federal Rule 3002.1 and the controversial issue of deeming the mortgage current.
Not a Subscriber? JOIN NOW!
For Your Blog
From the Courts
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- Eastern District of MO – Local Rules effective 12/1/21
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 29, 2021
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Archives |
IT’S CATCHUP WEEK!!
Due to the Thanksgiving Holiday, we bring you a Greatest Hits
Update. However, the non-password protected items are new.
When the Trustee Gets Subpoenaed
For Whom Does the Bell Toll?
Escrow 101 and 102
A resource you don’t want to miss.
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Escrow 102 – Part 4 of 4
Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A
Judicial Year in Review 2021 Part 2: Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure
A very popular item from last week . . .
Critical Case Comment – Pro Se Debtor Sanctioned
Did You Know . . .
ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.
There is also a staff training webinar library!
Not a Subscriber? JOIN NOW!
Student Loans Chronicles
For Your Blog
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 22, 2021
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Archives |
Judicial Year in Review 2021 Part 2: Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure
Critical Case Comment – Pro Se Debtor Sanctioned
TFS Bill Pay Announces New Attorney Report Center
New Judges Appointed
Judge Grace E. Robson and Judge Jacob A. Brown Sworn in as Middle District of Florida Bankruptcy Judges.
Eviction Protection in the News
Judge to Retire
Did You Know . . .
ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.
There is also a staff training webinar library!
Not a Subscriber? JOIN NOW!
From the CFPB
CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)
For Your Blog
From the Courts
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Central District of CA – Proposed Changes to Local Rules – Comments due by 11/24/21
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
Sanctions and Irony and Fraud, Oh My!
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
OF INTEREST TO THE GEEKIEST OF BANKRUPTCY GEEKS! (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 15, 2021
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Archives |
Are Monthly Newsletters to Clients Beneficial? Heck Yeah!
“With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. . . I have sent a tailored mass email to clients who I represented in Chapter 7s more than eight years ago letting the former clients know that they are now eligible for another Chapter 7, if needed, or a Chapter 13. I have also sent mass emails to potential clients with whom I have met who, at that time, decided against filing.”
Almost every week, ConsiderChapter13.org offers at least one item under the “For Your Blog” category.
We hope that these ideas will help jumpstart you toward a blog; mass email; and/or periodic newsletter.
Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action
Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules
New Judge Appointed
Did You Know . . .
ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.
There is also a staff training webinar library!
Not a Subscriber? JOIN NOW!
Supreme Court Corner
From NCBRC
New From the Northern District of Illinois
From the CFPB
- CFPB Takes Action to Prevent Avoidable Foreclosures (Servicers need to glance at this; doesn’t appear to say anything new.)
- CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)
Position Opening
- Chapter 13 Trusteeship – Maryland, Baltimore Division (Application deadline 11/19/21)
- Chapter 7 Panel Trustees – (1) Western District of Tennessee, Jackson and Memphis Divisions (11/30/21); (2) District of Idaho, primarily in the Eastern Division (Pocatello) (11/29/21); (3) Northern and Eastern Districts of Oklahoma, primarily in the Eastern District (11/30/21)
- Judgeship – Southern District of New York(Application deadline 12/3/21)
From the Courts
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Central District of CA – Proposed Changes to Local Rules – Comments due by 11/24/21
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- District of SC – Request for Comment on Proposed Changes to the Local Rules – Comments due by 11/19
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
IN CASE YOU MISSED IT . . .
Justifying Reasonable Document Requests
It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.
Recent changes to the Handbook for Chapter 13 Standing Trustees prompted Attorney O’Hair (and his colleague Masako Okuda)to write this excellent reference piece on why the Trustee needs what he or she needs.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 8, 2021
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Archives |
Justifying Reasonable Document Requests
It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.
Recent changes to the Handbook for Chapter 13 Standing Trustees prompted Attorney O’Hair (and his colleague Masako Okuda)to write this excellent reference piece on why the Trustee needs what he or she needs.
Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules
New Chief Judge Named
The United States Bankruptcy Court for the Western District of Texas announced that effective November 2, 2021, Bankruptcy Judge Craig A. Gargotta shall serve as Chief Judge of the Bankruptcy Court.
Webinar Recording Now Available
Gravel: So, What’s the Big Deal?
Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Sanctions? No sanctions? Join the Trustee in Gravel, Jan Sensenich, Appellate Attorney Mahesha Subbaraman, and Hank Hildebrand for the answers.
Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.
Fun Article on Quasi-Retired Judge
SF Handbook
As of 10/20/21 HUD has updated the 4000.1 Single Family Housing Policy Handbook
Two ways to access:
- We’ve done the work for you. Click here for a PDF of the whole danged thing – all 1149 pages of it.
- For an electronic version click here.
Interesting New Study
Trajectories of Unsecured Debt and Health at Midlife
A new study concludes: “The amount, timing, and duration of unsecured debt accumulation and repayment have important health implications and may exacerbate midlife health inequalities” particularly joint pain and stiffness.
Student Loans Chronicles
- Borrowers Say They Were Wrongly Denied Loan Forgiveness – Now, help is on the way
- Biden’s Top Student-Loan Official Vows Students Defrauded By Defunct For-Profit Colleges Will Get Help — And Top Execs Will Pay The Price
From the CFPB
- CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)
Position Opening
- Chapter 13 Trusteeship – Maryland, Baltimore Division (Application deadline 11/19/21)
- Chapter 7 Panel Trustees – (1) Western District of Tennessee, Jackson and Memphis Divisions (11/30/21); (2) District of Idaho, primarily in the Eastern Division (Pocatello) (11/29/21); (3) Northern and Eastern Districts of Oklahoma, primarily in the Eastern District (11/30/21)
- Judgeship – Southern District of New York(Application deadline 12/3/21)
From the Courts
- Central District of CA – Proposed Changes to Local Rules – Comments due by 11/24/21
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- District of SC – Request for Comment on Proposed Changes to the Local Rules
- Northern District of NY – Please click here for Public Notice regarding proposed amendments to two local bankruptcy rules.
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
- District of NV – CM/ECF will be unavailable from Wednesday, 11/10, 5:00 PM PST until approximately 8:00 AM PST, Monday, 11/15, to upgrade to Next Generation.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Rental Assistance
The Honorable Keith M. Lundin (Retired) offers Academy readers a special look at one of his LundinOnChapter13.com video blogs. At approximately eight minutes in, Judge Lundin details a little-known Rental Assistance program that all debtor attorneys need to be aware of and sharing with clients/potential clients.
ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE: The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 1, 2021
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Archives |
Critical Case Comment – And There is Also Blanco
Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.”
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Webinar Recording Now Available
Gravel: So, What’s the Big Deal?
Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Sanctions? No sanctions? Join the Trustee in Gravel, Jan Sensenich, Appellate Attorney Mahesha Subbaraman, and Hank Hildebrand for the answers.
Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.
Rental Assistance
The Honorable Keith M. Lundin (Retired) offers Academy readers a special look at one of his LundinOnChapter13.com video blogs. At approximately eight minutes in, Judge Lundin details a little-known Rental Assistance program that all debtor attorneys need to be aware of and sharing with clients/potential clients.
ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE: The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.
See also:
Navigating Secured Creditors Who File Unsecured Chapter 13 Claims
SF Handbook
As of 10/20/21 HUD has updated the 4000.1 Single Family Housing Policy Handbook
Two ways to access:
- We’ve done the work for you. Click here for a PDF of the whole danged thing – all 1149 pages of it.
- For an electronic version click here.
Barbara J. Rom Award
The Federal Bar Association of the Eastern District of Michigan established the Barbara J. Rom Award for Bankruptcy Excellence to honor individuals who have exhibited the highest level of overall excellence in the practice of bankruptcy law. This year’s winner is Rozanne M. Giunta.
Congratulations Rozanne!!
Judge Retires
From the CFPB
- Worth repeating . . . CFPB Orders Tech Giants to Turn Over Information on their PaymentSystem Plans – “The initial orders were sent to Amazon, Apple, Facebook, Google, PayPal, and Square. The Bureau will also be studying the payment system practices of Chinese tech giants, including Alipay and WeChat Pay.”
From the Courts
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- District of SC – Request for Comment on Proposed Changes to the Local Rules
- Northern District of NY – Please click here for Public Notice regarding proposed amendments to two local bankruptcy rules.
- Southern District MS – Effective November 1, 2021, Judge Jamie A. Wilson’s hearings will be “in-person” unless a party is notified otherwise by the Court.
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
IN CASE YOU MISSED IT . . .
Employment Law Alphabet Soup
In our ongoing series for comptrollers, office managers, or anyone who runs a small business, Mr. Akers brings us a valuable resource regarding state and federal employment law.
“Employment law complaints and litigation are large and growing segments of the legal landscape. However, an employer can be protected by doing the right thing the right way.”
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
FAIR DEBT COLLECTION PRACTICES ACT (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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October 25, 2021
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Archives |
Critical Case Comment – 10th Circuit Says No Default Cures After Month 60
Employment Law Alphabet Soup
In our ongoing series for comptrollers, office managers, or anyone who runs a small business, Mr. Akers brings us a valuable resource regarding state and federal employment law.
“Employment law complaints and litigation are large and growing segments of the legal landscape. However, an employer can be protected by doing the right thing the right way.”
More from this author:
Why Address Formatting Is So Important for Jurisdiction
From the CFPB
- CFPB Orders Tech Giants to Turn Over Information on their PaymentSystem Plans – “The initial orders were sent to Amazon, Apple, Facebook, Google, PayPal, and Square. The Bureau will also be studying the payment system practices of Chinese tech giants, including Alipay and WeChat Pay.”
Position Opening
- NCLC – Public Interest Consumer Attorney: Predatory Lending, Banking
- Judgeship – Southern District of New York(Application deadline 12/3/21)
- Term Judicial Law Clerk – District of Minnesota
Student Loans Chronicles
- Nearly 10 Million Borrowers Are About to See a Change in Student Loan Service — here’s what that means, the good and bad
For Your Blog
During these lean times for attorneys who represent debtors, if you aren’t at least blogging, you may want to think about it. By reaching out to your former clients, you can increase your client base. Think about a newsletter – either paper mail or email. You may be surprised at the results. If you do this, be sure to include some “light” items such as recipes, exercise tips, or other life-style tips.
From the Courts
- District of SC – Request for Comment on Proposed Changes to the Local Rules
- Northern District of NY – Please click here for Public Notice regarding proposed amendments to two local bankruptcy rules.
- Southern District MS – Effective November 1, 2021, Judge Jamie A. Wilson’s hearings will be “in-person” unless a party is notified otherwise by the Court.
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
- Central District of IL – Going live on NextGen 10/25/21 Click here for new information
IN CASE YOU MISSED IT . . .
Escrow 101 and 102
A resource you don’t want to miss.
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Escrow 102 – Part 4 of 4
Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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October 18, 2021
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Archives |
Critical Case Comment – Discharged Junior in 7 Survives in 13
Practice Tips from Hon. Meredith Jury (Ret.)
Escrow 102 – Part 4 of 4
Part 4 is the conclusion to McCormick’s two-part series (Escrow 101 and 102) discussing the escrow account from start to finish including mortgage servicer’s obligations. This section looks at the shortage only arrears claim.
See also:
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A
Appointment of Chapter 13 Standing Trustee
Effective October 1, 2021, Thomas H. Hooper was appointed Chapter 13 Standing Trustee for the Northern District of Illinois, Eastern Division.
CONGRATULATIONS TOM!
From NCBRC
From the United States Courts
Chief Justice Names Conference Committee Chairs
“Bankruptcy Judge Dennis Dow (Missouri-Western) was extended for one year as chair of the Advisory Committee on Bankruptcy Rules.”
Position Opening
- Judgeship – Southern District of New York (Application deadline 12/3/21)
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Term Judicial Law Clerk – District of Maryland
- Term Judicial Law Clerk – District of Minnesota
For Your Blog
During these lean times for attorneys who represent debtors, if you aren’t at least blogging, you may want to think about it. By reaching out to your former clients, you can increase your client base. Think about a newsletter – either paper mail or email. You may be surprised at the results.
From the Courts
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- Central District of CA – General Order Regarding Vaccination and Testing
- Southern District of GA – Starting 11/5/21, the Honorable Edward J. Coleman, III will return to in-person hearings in Savannah and Statesboro Divisions.
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
- Central District of IL – Going live on NextGen 10/25/21 Click here for new information
- Eastern District of CA – NextGen Going Live – CM/ECF will be down Thursday, 10/14/21 at 8:00 PM until Monday, October 18, 2021 at 8:00 AM
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
For Whom Does the Bell Toll?
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB CHAPTER V (Not password protected)
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October 11, 2021
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Archives |
The Second Monday in October
More Than a Mattress Sale
For Whom Does the Bell Toll?
Escrow 102 – Part 3 of 4
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy. This week McCormick helps us to examine in detail Official Form 410A.
See also:
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A
Two Free Webinars
From the Academy
Gravel: So, What’s the Big Deal?
Thursday, October 14th 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Join the Trustee in Gravel, Jan Sensenich, and Hank Hildebrand for the answers.
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From the North Carolina Bar Association’s Bankruptcy Section
Light-Touch Bankruptcy by Professor Jonathan Seymour
Thursday, October 28 12:30 eastern/11:30 central/10:30 mtn/9:30 pacific
This presentation will explore Code-based ways of improving the experience of chapter 13 debtors while also reducing the workload of attorneys, trustees and judges.
Position Opening
- Judgeship – Southern District of New York(Application deadline 12/3/21)
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
- Term Judicial Law Clerk – District of Maryland
- Term Judicial Law Clerk – District of Minnesota
Student Loans Chronicles
From the Courts
- Western District of MI – Reappointment of the Hon. Scott W. Dales
- Central District of CA – General Order Regarding Vaccination and Testing
- Southern District of GA – Starting 11/5/21, the Honorable Edward J. Coleman, III will return to in-person hearings in Savannah and Statesboro Divisions.
- Western District of PA – Revised Local Rules effective 11/1 (It appears most of the changes are regarding Chpt 11; however, beginning on page 19, there may be some items consumer attorneys need to note.)
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Central District of IL – Going live on NextGen 10/25/21 Click here for new information
- Eastern District of CA – NextGen Going Live – CM/ECF will be down Thursday, 10/14/21 at 8:00 PM until Monday, October 18, 2021 at 8:00 AM
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Is Your Law Practice Evolving to Incorporate New Technology
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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October 4, 2021
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Archives |
Critical Case Comment – Present Value and Attorney’s Fees
Is Your Law Practice Evolving to Incorporate New Technology
Meet a New Trustee
Escrow 102 – Part 2 of 4
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy. This week McCormick looks at The History of Escrow Treatment in Bankruptcy which, of course, means the case law you need to be familiar with.
See also:
Click here for Escrow 102 – Part 1 of 4
Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A
New Trustee Announced
CONGRATULATIONS ED SAFIR!!!!
As of October 1st, K. Edward Safir, is a Chapter 13 Standing Trustee for the Northern District of Georgia. He takes over in cases assigned to Nancy Whaley, Interim Chapter 13 Trustee. No, no, no. Nancy isn’t going anywhere. This is the Trusteeship vacated by Mary Ida Townson after her resignation to work with the United States Trustee Program.
From NCBRC
Judge to Retire
The United States Bankruptcy Court for the Southern District of New York announces that Judge Robert D. Drain has declared his intention to retire on June 30, 2022.
More Trustee Announcements
We say good-bye to two much loved and respected Standing Trustees as they retire -Marianne Derosa and David Rosenthal. Derosa’s cases in New York will be administered by current Standing Chapter 13 Trustee, Krista Preuss. Likewise, Rosenthal’s cases will be administered by Debra L. Miller, Chapter 13 Standing Trustee for the Northern District of Indiana in South Bend.
Happy Next Chapter Marianne and David!
DVDs Now Available
Weren’t able to attend the NACTT annual conference in Washington, DC? You can still get all the educational benefit for only $150!!
Judiciary Supplements Judgeship Request, Prioritizes Courthouse Projects
“Courthouses in Hartford, Connecticut, and Chattanooga, Tennessee, have been identified as projects for which the Judiciary will request additional federal . . . the following projects have been identified as out-year courthouse priorities — Bowling Green, Kentucky; Anchorage, Alaska; McAllen, Texas; Greensboro/Winston-Salem, North Carolina; and Norfolk, Virginia.”
From the IRS
Important Item from Last Week: New Contracts Awarded to Private Collection Agencies; Taxpayers May Be Contacted by One of Three Groups
- CBE Group, Inc., Waterloo, IA
- Coast Professional, Inc., Albion, NY
- ConServe, Fairport, NY
Position Opening
- Judgeship – Southern District of New York(Application deadline 12/3/21)
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
- U.S. Bankruptcy Judge – Middle District of North Carolina (Application deadline 10/8/21)
- Term Judicial Law Clerk – District of Maryland
From the Courts
- Western District of PA – Revised Local Rules effective 11/1 (It appears most of the changes are regarding Chpt 11; however, beginning on page 19, there may be some items consumer attorneys need to note.)
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Central District of IL – Going live on NextGen 10/25/21
- Southern District of GA – Going live on NextGen 10/12/21 – CM/ECF will be unavailable from Friday, October 8 at 5:00 PM (EST) until Tuesday, October 12
IN CASE YOU MISSED IT . . .
Passing of Affable, Humanitarian Trustee
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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September 27, 2021
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Archives |
Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105
Recent Supreme Court jurisprudence in bankruptcy has impaired the bankruptcy courts’ exercise of equitable power. In Progeny of Taggart, Larry Ahern examined two recent cases illustrating the limits emanating from In re Taggart. This week, he discusses the similar repercussions of Law v. Siegel (2014) and focuses on recent Sixth and Ninth Circuit decisions that break with the Fifth Circuit and abrogate earlier Ninth Circuit authority to say that Chapter 13 debtors’ right to dismiss their cases cannot be modified, however equitable it may seem to do so.
See also:
Rule 3002.1 Does Not Justify Punitive Sanctions
Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart
Passing of Affable, Humanitarian Trustee
Escrow 102 – Part 1 of 4
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy.
Watch for a subsequent series in which McCormick plans to discuss a mortgage servicer’s obligations during the bankruptcy case after the initial proof of claim has been filed.
See also:
Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A
New Trustee Announced
CONGRATULATIONS YVONNE VALDEZ!!!!
The EOUST has appointed Yvonne V. Valdez of Houston as the new Chapter 13 Standing Trustee for the Southern District of Texas effective November 1. She replaces retiring Cindy Boudloche. We will miss you Cindy! If Yvonne’s name is familiar to you, it is because she has served as staff attorney to Trustee Bill Heitkamp for five years.
DVDs Now Available
Weren’t able to attend the NACTT annual conference in Washington, DC? You can still get all the educational benefit for only $150!!
Bankruptcy Webinar
On September 29th the American College of Bankruptcy Third Circuit Fellows, Rutgers Institute for Professional Educationwill present a webinar: Splits and Confounding Issues Destined for the Supreme Court
From the IRS
- CBE Group, Inc., Waterloo, IA
- Coast Professional, Inc., Albion, NY
- ConServe, Fairport, NY
Position Opening
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
- U.S. Bankruptcy Judge – Middle District of North Carolina (Application deadline 10/8/21)
- Term Judicial Law Clerk – District of Maryland
Student Loans Chronicles
- Student Loans: Ending the pandemic payment pause ‘is a defining moment,’ Federal Student Aid COO says
From the Courts
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- Lawyer Representatives to the Ninth Circuit Judicial Conference – 2 bankruptcy openings
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- District of PR – Annual Bar Membership fee due 10/1/21
- Eastern District of OK – Judge Michael’s Policy Regarding Granting Relief from Bankruptcy Rule 4001(a)(3)
- Central District of IL – Going live on NextGen 10/25/21
- Southern District of GA – Going live on NextGen 10/12/21
- District of RI – Going live on NextGen 10/4/21 – CM/ECF will be unavailable from Friday, October 1 at 6:00 PM until approximately 8:00 AM on Monday October 4
IN CASE YOU MISSED IT . . .
When Wishes Come True
If you don’t know the Chapter 13 Trustee for West Virginia, you are missing out! Trustee Morris has a sense of humor like no other and truly has some unique case situations in her jurisdiction.
Like most trustees, Trustee Morris was wishing for new cases – perhaps too enthusiastically as this article reveals.
More from this author:
I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case
Debtor Math – If you young’uns have never seen this YouTube clip, it is worth 2-1/2 minutes of your day!
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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September 20, 2021
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Archives |
Rule 3002.1 Does Not Justify Punitive Sanctions
In order for a bankruptcy court to impose sanctions for contempt, Taggart compels a finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1.
See also:
Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart
Escrow 101 – Part 3 of 3
We continue our series of articles detailing the ins and outs of escrow analysis. In Part 3, McCormick anticipates questions you will have and answers them.
Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
When Wishes Come True
If you don’t know the Chapter 13 Trustee for West Virginia, you are missing out! Trustee Morris has a sense of humor like no other and truly has some unique case situations in her jurisdiction.
Like most trustees, Trustee Morris was wishing for new cases – perhaps too enthusiastically as this article reveals.
More from this author:
I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case
Debtor Math – If you young’uns have never seen this YouTube clip, it is worth 2-1/2 minutes of your day!
Eviction Ban
New Judge for Puerto Rico
1st Circuit Names María de los Ángeles González-Hernández Judge
The 1st U.S. Circuit Court of Appeals announced that María de los Ángeles González-Hernández has been selected to fill the vacancy on the U.S. Bankruptcy Court for the District of Puerto Rico. González-Hernández will be appointed to the bench upon FBI clearance. (The rest of this story is behind a paywall at Massachusetts Lawyers Weekly)
From NCBRC
Panel Affirms Reduced Attorney Fees (Chpt 7 case but of interest to all debtor attorneys)
Foreclosure in the News
Position Opening
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Chapter 13 Standing Trustee – District of Nebraska (Application deadline 9/24/21)
- Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
- U.S. Bankruptcy Judge – District of South Carolina (Application deadline 9/24/21)
- U.S. Bankruptcy Judge – Middle District of North Carolina (Application deadline 10/8/21)
- Term Judicial Law Clerk – District of Maryland
- I-T Specialist – Eastern District of Washington
For Your Blog
- Student Loan Borrowers: Expect These 4 Things by January (Better than average article – one you should probably read yourself AND share with your clients.)
From the Courts
- Lawyer Representatives to the Ninth Circuit Judicial Conference – 2 bankruptcy openings
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- District of PR – Annual Bar Membership fee due 10/1/21
- Eastern District of OK – Judge Michael’s Policy Regarding Granting Relief from Bankruptcy Rule 4001(a)(3)
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
- District of AZ – Construction Project at Phoenix Bankruptcy Courthouse
- Central District of IL – Going live on NextGen 10/25/21
- Southern District of GA – Going live on NextGen 10/12/21
- District of RI – Going live on NextGen 10/4/21
- Northern District of OK – NextGen going live. CM/ECF will be down from Friday, 9/24/21 at 11:00 AM (CDT) through Monday, 9/27/21 at 8:00 AM
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?
OF INTERESTS (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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September 13, 2021
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Archives |
Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart
Escrow 101 – Part 2 of 3
We continue our series of articles detailing the ins and outs of escrow analysis. In Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. In this, Part 2, he looks at the actual analysis with examples.
Meet a Chief Judge
Eviction Ban
- The National Eviction Ban Is Over – But renters still can’t be forced out in these states
- Supreme Court Blocks Biden Administration’s Eviction Moratorium – “Congress never gave the CDC the staggering amount of power it claims,” a group of landlords argued.
From NCBRC
Foreclosure in the News
From the IRS
Attention Operations/Office Managers:
Treasury, IRS Issue Guidance for 2021 on Reporting Qualified Sick and Family Leave Wages
From the Judicial Conference Committee
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87; and
- Evidence Rules 106, 615, and 702.
Click here for the current version.
Click here for the Current Bankruptcy Forms
Click here for the Draft Proposed Amendments
Comments due by 2/16/22.
From the Courts Extra
Although this was put out by the Western District of Texas, it seems to be applicable CM/ECF systemwide.
Position Opening
- Chapter 13 Standing Trustee – District of Nebraska
- U.S. Bankruptcy Judge – District of South Carolina
- U.S. Bankruptcy Judge – Middle District of North Carolina
- Term Judicial Law Clerk – District of Maryland
Student Loans Chronicles
- From Justia: In re Aleckna
For Your Blog
7 Areas Where You Should Continue to Be Financially Conservative While the Economy Recovers (This one could apply to you and your clients.)
From the Courts
Too many policy changes to list so be sure to check the Court’s mask/vaccination/negative COVID test policy before heading into any Federal Building!
- Lawyer Representatives to the Ninth Circuit Judicial Conference – 2 bankruptcy openings
- Northern District of IL – Reassignment of Judge Jack B. Schmetterers Chapter 7 Cases
- Eastern District of OK – Tom R. Cornish, Chief Bankruptcy Judge retires as of 9/1/2
- Eastern District of OK – Judge Michael’s Policy Regarding Granting Relief from Bankruptcy Rule 4001(a)(3)
- Middle District of NC – Durham Courthouse Closes Permanently
- District of SC – Bar Announcement by Judge Waites
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
- Central District of IL – Going live on NextGen 10/25/21
- Southern District of GA – Going live on NextGen 10/25/21
- District of RI – Going live on NextGen 10/4/21 – Going live on NextGen 10/25/21
- Western District of TX – Due to maintenance involving the installation of NextGen CM/ECF versions 1.6, 1.6.1 and 1.6.2 (11/1/21 – go live date), the system will be unavailable for filing, as well as access to PACER and VCIS for queries, between 10 am Sept. 18, and 10 am on Sept. 9.
Sanctions and Irony and Fraud, Oh My!
- ‘The Theft was Fatal’: Employee used 189 credit-card refunds to embezzle nearly $200,000 — bankrupting packaging firm
- CFPB Sues LendUp Loans for Violating 2016 Consent Order and Deceiving Borrowers – Online Lender Accused of Continuing to Misrepresent Products and Failing to Provide Timely and Accurate Adverse-Action Notices to Applicants
IN CASE YOU MISSED IT . . .
When the Trustee Gets Subpoenaed
OF INTERESTS (Not password protected)
BY THE NUMBERS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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September 6, 2021
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Archives |
Tell the Story
Escrow 101 – Part 1 of 3
This week we begin a series of articles detailing the ins and outs of escrow analysis. In this Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. This is a detailed analysis you will want to not only review but hang on to.
Watch for Part 2 of 3 next week!
The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up
The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?
Of Interest to, Well, Everyone
Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart
Eviction Ban
From the Judicial Conference Committee
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87; and
- Evidence Rules 106, 615, and 702.
Click here for the current version.
Click here for the Current Bankruptcy Forms
Click here for the Draft Proposed Amendments
Comments due by 2/16/22.
Eviction Moratorium
Position Opening
- U.S. Bankruptcy Judge – District of South Carolina
- Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
From the Courts
- Middle District of NC – Durham Courthouse Closes Permanently
- District of MN – The Honorable William J. Fisher’s chambers and courtroom have moved within the Warren E. Burger Federal Building and United States Courthouse. Judge Fisher is now presiding in Courtroom 2A in St. Paul.Please update the courtroom location when filing motions and notices of hearing related to matters pending before Judge Fisher in St. Paul.
- District of SC – Bar Announcement by Judge Waites
- District of CO – Proposed revisions to Local Rules and Forms
OF INTERESTS (Not password protected)
FOR YOUR HEALTH (Not password protected)
