September 13, 2021
Archives
ahern

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
The Supreme Court’s 2019 opinion in Taggart v. Lorenzen is limiting not only the contempt powers of the bankruptcy courts in cases of discharge-injunction violations but also their equitable powers more broadly. This week, Larry Ahern considers two such recent decisions, In re Gravel and Newrez, LLC v. Beckhart, from the Second Circuit and the Eastern District of North Carolina, respectively.
mccormick

Escrow 101 – Part 2 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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.

Click here for Part 1 of 3

kathysurratt-states

Meet a Chief Judge

(Not password protected)
evictionban

Eviction Ban

(Not password protected)
ncbrc

From NCBRC

(Not password protected)
evictionmoratorium
irs

From the IRS

(Not password protected)
judicialconf

From the Judicial Conference Committee

(Not password protected)

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.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • 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.

courtscales

From the Courts Extra

(Not password protected)

Correcting Malformed PDFs

Although this was put out by the Western District of Texas, it seems to be applicable CM/ECF systemwide.

positionsopen

Position Opening

(Not password protected)
studentloanchronicles

Student Loans Chronicles

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)

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!

  • District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
  • 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.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • ‘The Theft was Fatal’: Employee used 189 credit-card refunds to embezzle nearly $200,000 — bankrupting packaging firm
amyx

IN CASE YOU MISSED IT . . .

When the Trustee Gets Subpoenaed

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)
“. . . debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance?”
September 6, 2021
Archives

cmoran

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.” Fee app is not a bad word! Originally posted 5/17/21
mccormick

Escrow 101 – Part 1 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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!

ahern

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern starts by summarizing In re Anderson, a March 1 opinion from the Ninth Circuit, and the First Circuit’s In re Rockwell decision, which the Supreme Court declined to review on February 22. In this Part 1, he considers how and why the circuits are finding the petition date determinative of the exempt status of assets (the “snapshot” rule). In Part 2, he will ask when future cases, especially those involving different circumstances, may not apply the rule. Originally posted 3/15/21.

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances. Originally posted 4/5/21
paulbonapfel

Of Interest to, Well, Everyone

(Not password protected)
GA Bankruptcy Judge Lowers Boom on Chapter 7 Trustee and Counsel Fees (Chpt 7 case converted to 13) Really. You gotta read this one! Originally posted 3/8/21.
cmoran

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.” Originally posted 5/3/21
evictionban

Eviction Ban

(Not password protected)
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.
judicialconf

From the Judicial Conference Committee

(Not password protected)

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.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • 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.

evictionmoratorium
positionsopen

Position Opening

(Not password protected)
  • Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
courtscales

From the Courts

(Not password protected)
August 30, 2021
Archives
mccormick

Escrow 101 – Part 1 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
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.
evictionban

Eviction Ban

(Not password protected)

Big News of the Week . . .

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.

judicialconf

From the Judicial Conference Committee

(Not password protected)

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.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • 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.

evictionmoratorium
positionsopen

Position Opening

(Not password protected)
  • Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
  • Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate.
August 23, 2021
Archives
cmoran

Are Your Loyalties Divided?

By Cathy Moran, Esq., (Redwood City, CA)

“Anytime there are two people sitting across from you, you have a conflict of interest.”

One of Attorney Moran’s best! How much thought do you give to the seemingly happily married couple sitting across from you? What is the likelihood of separation or divorce? This concise article looks at the potential conflicts of interest.

hildebrand

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate.
judicialconf

From the Judicial Conference Committee

(Not password protected)

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.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • 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.

houserace

Oh My Goodness

(Not password protected)
evictionban
ncbrc
positionsopen

Position Opening

(Not password protected)
  • Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
  • Staff Attorney – Middle District of Alabama – CORRECTION. This position is for a staff attorney position in the office of the United States Bankruptcy Administrator for the Middle District of Alabama in Montgomery. We apologize that we erroneously ran this as an opening in the Chapter 13 Trustee’s office – Application due date 9/10/21
evictionban
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
rapoport

IN CASE YOU MISSED IT . . .

Ms. Ps & Qs

By Nancy B. Rapoport,Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
Ms. Ps & Qs has a great answer for us: What should you do when your “Spidey sense” tells you that your client might have diminished capacity?
August 16, 2021
Archives
amyx

When the Trustee Gets Subpoenaed

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)
“. . . debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance?”
rapoport

Ms. Ps & Qs

By Nancy B. Rapoport,Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
Ms. Ps & Qs has a great answer for us: What should you do when your “Spidey sense” tells you that your client might have diminished capacity?
evictionban
cfpb

From the CFPB

(Not password protected)
  • CFPB Issues Interpretive Rule on Certain Mortgage and Disclosure Timing Requirements for the 2021 Juneteenth Federal Holiday – Because the Juneteenth National Independence Day Act was signed into law two days before the newly created holiday on June 19, many participants in the mortgage industry reported being unsure of how to treat the day for purposes of regulatory compliance. . . . For rescission of closed-end mortgages and TILA-RESPA Integrated Disclosures, whether June 19, 2021, counts as a business day or federal holiday depends on when the relevant time period began. If the relevant time period began:
    • On or before June 17, 2021, then June 19 was a business day.
    • After June 17, 2021, then June 19 was a federal holiday.
irs
positionsopen

Position Opening

(Not password protected)
  • Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
evictionban
studentloanchronicles

Student Loans Chronicles

(Not password protected)
courtscales

From the Courts

(Not password protected)

***************************

Proposed Amendments

The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) approved publication of proposed amendments to the following:

  • 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;
  • New Criminal Rule 62; and
  • Evidence Rules 106, 615, and 702.

Comment period – 8/6/21 to 2/16/22

righttodismiss

IN CASE YOU MISSED IT . . .

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

By Academy Staff
“Does a Debtor have a right to dismiss a Chapter 13 case where Debtor has been acting in bad faith?”
August 9, 2021
Archives
hildebrand

Who Gets the Trustee’s Fee?

By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville)
An important new decision out of the 9th Circuit BAP wherein a Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation.
williambrown

Senate Judiciary Committee Hearing on Student Loansand Act Introduced by Senators Durbin and Cornyn

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc.

“The proposed Act . . . would strike current section 523(a)(8), replacing it with the same undue hardship provision for educational benefits or loans made, insured or guaranteed by governmental units or nonprofit institutions, or in the alternative such loans would be dischargeable ten years after the first payment on the loan became due.”

See also:

Thoughts on Student Loans and the FRESH Start Act

righttodismiss

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

By Academy Staff
“Does a Debtor have a right to dismiss a Chapter 13 case where Debtor has been acting in bad faith?”
fha

Federal Housing Administration Extends Single Family Eviction Moratorium

(Not password protected)
July 30, 2021,announcement extends the eviction moratorium through September 30 for foreclosed borrowers and other occupants and notes expiration of the foreclosure moratorium on July 31.
cfpb

From the CFPB

(Not password protected)

Just out . . . CFPB Issues Interpretive Rule on Certain Mortgage and Disclosure Timing Requirements for the 2021 Juneteenth Federal Holiday – Because the Juneteenth National Independence Day Act was signed into law two days before the newly created holiday on June 19, many participants in the mortgage industry reported being unsure of how to treat the day for purposes of regulatory compliance. . . . For rescission of closed-end mortgages and TILA-RESPA Integrated Disclosures, whether June 19, 2021, counts as a business day or federal holiday depends on when the relevant time period began. If the relevant time period began:

  • On or before June 17, 2021, then June 19 was a business day.
  • After June 17, 2021, then June 19 was a federal holiday.
irs
subchapterv
evictionban
chart

AACER U.S. Bankruptcy Statistics and Trends

(Not password protected)
This interactive map displays cumulative U.S. bankruptcy filings by state for Chapter 7, Chapter 11 and Chapter 13 cases. Filings include both commercial and non-commercial (individual consumer) bankruptcy petitions.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)

***************************

Proposed Amendments

The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) approved publication of proposed amendments to the following:

  • 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;
  • New Criminal Rule 62; and
  • Evidence Rules 106, 615, and 702.

Comment period – 8/6/21 to 2/16/22

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Something for everyone in this decision . . . In a dismissed but reinstated case, should the bar date be extended for the benefit of creditors? “Once again, . . . case demonstrates to creditors that if you snooze, you lose.”
August 2, 2021
Archives
cmoran

Assessable Yet Not Assessed Taxes Could Cost You a Malpractice Claim

By Cathy Moran, Esq., (Redwood City, CA)
Barnes was a Chapter 11. What relevance does it have in Chapter 13? Just this: it reminds us that the assessable taxes are an undeconsidered invitation to malpractice . . .”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
In a dismissed but reinstated case, should the bar date be extended for the benefit of creditors? “Once again, . . . case demonstrates to creditors that if you snooze, you lose.”
fha

Federal Housing Administration Extends Single Family Eviction Moratorium

(Not password protected)
Today’s (7/30/21) announcement extends the eviction moratorium through September 30 for foreclosed borrowers and other occupants and notes expiration of the foreclosure moratorium on July 31.
cfpb

From the CFPB

(Not password protected)
  • CFPB Confirms Effective Date for Debt Collection Final Rules – CFPB announced that two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on November 30, 2021. The CFPB issued a proposal in April 2021 that, if finalized, would have extended the effective dates to January 29, 2022. The CFPB has now determined that such an extension is unnecessary. Following this announcement, the CFPB will publish a formal notice in the Federal
irs
ncbrc
jets

Just For Our Military

VA Partial Claim ProgramThis is new. Have you heard of it?

The VA Partial Claim Payment is a temporary program that is intended to assist Veteran borrowers specifically impacted by the COVID-19 pandemic to resume making their regular (pre-COVID) mortgage payments after exiting forbearance. VAPCP will only be available from July 27, 2021 through October 28, 2022.

subchapterv
evictionban
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
An important new case regarding ‘student’ loans. Are private educational loans automatically excepted from discharge by § 523(a)(8)?
July 26, 2021
Archives
ahern

“Stripping” Residential Mortgages and the Effect of 11 U.S.C. § 1111(b) – Part 2 Eleven Eleven What?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

This week, Larry Ahern concludes his two-part review of “lien stripping.” The initial focus of his analysiswas to explore recent legislation that makes it easier for some individuals, especially farmers or small business owners, to modify residential mortgages, with special emphasis on the Small Business Reorganization Act of 2019. He also made some suggestions for tactics to consider before and during bankruptcy. He now concludes with an analysis of whether and how subsection 1111(b) may reinforce the residential lender’s position in a case under subchapter V of Chapter 11 and recent cases that have struggled over the issue.

Click here for Part 1 Strategies in Modification of Residential Mortgages

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
An important new case regarding ‘student’ loans. Are private educational loans automatically excepted from discharge by § 523(a)(8)?
meridethakers

Beyond Professional Ethics

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL)

Continuing with our quarterly series directed to staff, Mr. Akers, very eloquently speaks to everyone – attorneys, trustees, CPAs, PHRs, Paraprofessionals, and clerical staff – from the new hire to the 30 year veteran employee.

“Being truthful is a valuable ethic that can actually help work be completed more quickly and in a quality manner.”

jets

Just For Our Military

VA Partial Claim ProgramThis is new. Have you heard of it?

The VA Partial Claim Payment is a temporary program that is intended to assist Veteran borrowers specifically impacted by the COVID-19 pandemic to resume making their regular (pre-COVID) mortgage payments after exiting forbearance. VAPCP will only be available from July 27, 2021 through October 28, 2022.

bonapfel

Sub Chapter V

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

A Guide to the Small Business Reorganization Act of 2019

Judge Bonapfel has again edited/supplemented his SBRA materials as of July 12, 2021. Click here for the entire Guide.

The title page indicates the sections in which material revisions and additions occur.

 

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
openposition

Position Vacancies

(Not password protected)
courtscales

From the Courts

(Not password protected)
jump

IN CASE YOU MISSED IT . . .

The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA)
“If the Court does not have jurisdiction, then the orders it issues are ineffective as to the relief requested. Your client will not be happy about that. Nor will the Court. Of course, the creditor will be ever in your debt for ensuring that they were not bound to the order by the Bankruptcy Court.”
July 19, 2021
Archives
ahern

A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1 Strategies in Modification of Residential Mortgages

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week Ahern begins a two-part review of the power of an individual to alter the terms of a residential mortgage, among other liens. The primary focus of his analysis is to explore recent legislation that makes it easier for some individuals, especially farmers and small business owners, to modify residential mortgages, with special emphasis on the Small Business Reorganization Act of 2019 (SBRA). He makes some suggestions for small business debtors to consider before and during bankruptcy and will conclude in Part 2 with a description of the arcane topic of subsection 1111(b).
jump

The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA)
“If the Court does not have jurisdiction, then the orders it issues are ineffective as to the relief requested. Your client will not be happy about that. Nor will the Court. Of course, the creditor will be ever in your debt for ensuring that they were not bound to the order by the Bankruptcy Court.”
gavel

Regarding the Judiciary

(Not password protected)
bonapfel

Sub Chapter V

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

A Guide to the Small Business Reorganization Act of 2019

Judge Bonapfel has again edited/supplemented his SBRA materials as of July 12, 2021. Click here for the entire Guide – FREE.

The title page indicates the sections in which material revisions and additions occur.

evictionban
cfpb

Final Mortgage Servicing Rule

(Not password protected)

On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.

On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule

Click here for an Executive Summary

Click here for an Unofficial Redline

From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule

foreclosure

A popular item from last week. . .

Foreclosure Ban

(Not password protected)
ncbrc
openposition

Position Vacancies

(Not password protected)
courtscales

From the Courts

(Not password protected)
gendron

IN CASE YOU MISSED IT . . .

The Kill Switch and The Stay

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

“There are not many reported bankruptcy decisions regarding the use of kill switches.”

More from this author:

July 12, 2021
Archives
gendron

The Kill Switch and The Stay

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

“There are not many reported bankruptcy decisions regarding the use of kill switches.”

More from this author:

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee.

Appointment of New Bankruptcy Judge

(Not password protected)
The Honorable Jamie A. Wilson has been appointed as bankruptcy judge in the Jackson office of the United States Bankruptcy Court for the Southern District of Mississippi. Judge Wilson has been assigned all active cases previously assigned to retired United States Bankruptcy Judge Neil P. Olack.
cfpb

Final Mortgage Servicing Rule

(Not password protected)

On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.

On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule

Click here for an Executive Summary

Click here for an Unofficial Redline

From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule

foreclosure
ncbrc

From NCBRC

(Not password protected)
openposition

Positions Open

(Not password protected)
courtscales

From the Courts

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same or similar work.
July 5, 2021
Archives

Happy Birthday
America

americanflag

Due to the holiday, we bring you an abbreviated update.
But we did want you to know that the
FINAL Mortgage Servicing Rule is out

cfpb

Final Mortgage Servicing Rule

(Not password protected)

On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.

On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule

Click here for an Executive Summary

Click here for an Unofficial Redline

From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule

studentloanchronicles

Very popular item from last week

Student Loans and the Supreme Court

(Not password protected)
  • That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy
openposition

Positions Open

(Not password protected)
courtscales

From the Courts

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019)
June 28, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors.
MJHayes

Remember, Landlords Are Sacred Cows in Bankruptcy

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021)
“ . . . most common complaint is the landlord. These days the callers tell me they are a few months behind on the rent.”
phillamos

Phil Lamos – Humble Sage

We at ConsiderChapter13.org are deeply saddened by the loss of one of our own. Phillip D. Lamos was a quiet, humble man. He loved his family, loved the law, and loved to serve others.
studentloanchronicles

Student Loans and the Supreme Court

(Not password protected)
  • That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy
foreclosureban

Foreclosure Ban Extended

(Not password protected)
Biden Renews Foreclosure Ban One Last Time – Foreclosure, eviction protections to remain in place through the end of July
act12

ACT 12 (Association of Chapter 12 Trustees)

(Not password protected)
ACT 12 has a really cool new website. Not only a new website but they have just posted a video – Intro to Chapter 12. Check it out!!

NACTT LIVE! July 7-10 – Still time to register with no late fee!!

Don’t Miss the Fun – Register NOW

Click here for the Program

Click here for the In-Person Registration NOW!

Not yet ready/can’t travel, the conference is being offered virtually.

cfpb

“Business Day”

(Not password protected)

CFPB Issues Statement on Juneteenth Bill Truth in Lending Act Issue (You need to read this one . . . regarding “business day” under Regulation Z)

openposition

Positions Open

(Not password protected)
irs
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
cmoran

IN CASE YOU MISSED IT . . .

List It or Lose It: When Actual Knowledge Isn’t Enough

By Cathy Moran, Esq., (Redwood City, CA)
To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B.
June 21, 2021
Archives
cmoran

List It or Lose It: When Actual Knowledge Isn’t Enough

By Cathy Moran, Esq., (Redwood City, CA)
To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B.
selwyn

Helping Our Clients Stay Afloat and Get Past the Covid-19 Tsunami

By Selwyn D. Whitehead, Esq. (San Francisco, CA)
The article discusses some of the tactics available, including bankruptcy, that can be used by business owners, especially restaurateurs, who have been negatively impacted by governmental shutdowns this past year due to Covid-19. First published on CorporateLiveWire, May 2021

NACTT ANNUAL CONFERENCE LIVE! July 7-10

(Not password protected)

D.C. IS OPEN!! The program is phenomenal. BE THERE!

Along with the trial skills presentations and the ever popular Case Law Update, Keeping the Home and Paying the Mortgage Creditor won’t be just another mortgage panel – it will be cutting edge with information you will hear first at NACTT!

For anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

kressel

Judge Retires

(Not password protected)
mcafee

New Judge Announced

(Not password protected)
michiganmap

Free On-Line Seminar

(Not password protected)
U.S. Trustee for the Western District of Michigan and Chapter 13 Trustee Barbara Foley are pleased to present a free seminar for the benefit of the Bar of the Western District of Michigan on July 19th.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

More Than a Third of Volunteers in a Consumer Reports Study Found Errors in Their Credit Reports – Here’s how to find and fix mistakes and avoid paying for a ‘free’ report

tavera

IN CASE YOU MISSED IT . . .

Objections to Claims: Two of These Creditors Are Not Like the Others

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo)
This exceptional article is a case summary of In re Nicolaus and how it is helpful in determining proper service under 3007(a)(2)(A)(i). Attorney Tavera also discusses amendments to 3007(A)(2)(A)(ii) that become effective 12/1/2021.
June 14, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same or similar work.
tavera

Objections to Claims: Two of These Creditors Are Not Like the Others

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo)
This exceptional article is a case summary of In re Nicolaus and how it is helpful in determining proper service under 3007(a)(2)(A)(i). Attorney Tavera also discusses amendments to 3007(A)(2)(A)(ii) that become effective 12/1/2021.
kennethstill

Passing of a Legend

By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still
C. Kenneth Still was a legend. Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already.

NACTT ANNUAL CONFERENCE LIVE!

(Not password protected)

changeThe National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.

The program is phenomenal – click here to check it out.

Wanna head back to live court with better trial skills? THREE hours of trial skills at no additional cost! Not interested in how to properly introduce evidence, Don’t Forget Me! has you covered. A panel of the best of the best discussing a myriad of issues – confirmation, post-confirmation, and even post-discharge along with vesting and more.

Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

michiganmap

Free On-Line Seminar

(Not password protected)
U.S. Trustee for the Western District of Michigan and Chapter 13 Trustee Barbara Foley are pleased to present a free seminar for the benefit of the Bar of the Western District of Michigan.
rucker

Then & Now: Rucker ‘At Home’ As New Federal Bankruptcy Judge

(Not password protected)
In April, the Eighth Circuit Court of Appeals appointed Fayetteville attorney Bianca Rucker to a 14-year term as Arkansas’ newest federal bankruptcy judge.
creditunion

Webinar Recording Now Available

Credit Union Issues in Chapter 13

Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.

The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? JOIN NOW.

openposition

Position Postings

(Not password protected)

Trusteeship

Law Clerk

studentloanchronicles

Student Loan Chronicles

(Not password protected)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
mccarty

IN CASE YOU MISSED IT . . .

A Consideration of Employer Required COVID-19 Vaccinations

By Mark T. McCarty, Chapter 13 Standing Trustee for the District of Arkansas (North Little Rock)

In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.

Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.

June 7, 2021
Archives
brian lynch

Measuring Success in Chapter 13: Five Years Later

By The Honorable Brian D. Lynch, United States Bankruptcy Judge, Western District of Washington

“Five years ago, I wrote an article for this publication,‘Measuring Success in Chapter 13,’ where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter13 cases.”

It appears this statistic is STILL being quoted. Here, Judge Lynch sets the record straight.

mccarty

A Consideration of Employer Required COVID-19 Vaccinations

By Mark T. McCarty, Chapter 13 Standing Trustee for the District of Arkansas (North Little Rock)

In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.

Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.

NACTT ANNUAL CONFERENCE LIVE!

(Not password protected)

changeThe National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.

The program is phenomenal – click here to check it out.

Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

change

Conflict Avoidance

(Not password protected)

Understanding your colleagues and/or co-workers, and even yourself, can help ease conflicts.

Does it drive you crazy when people don’t honor ‘your’ time? Or, are you confused when you are ONE MINUTE late and someone is really ticked off about it!

Understanding personality types can help people described in either of these questions. Meeting Time is a short, easy read but a GREAT reminder that we are all different.

cosetti

Passing of Big Picture Thinker

(Not password protected)
Joseph L. Cosetti, Bankruptcy Court Judge Who Also Served as Pittsburgh Treasurer for 7 Years
stuartgold

Passing of Stuart Gold

(Not password protected)
Long-time respected member of the New Jersey bankruptcy bar and adjunct professor passed away 5/30.
creditunion

Webinar Recording Now Available

Credit Union Issues in Chapter 13

Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.

The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? Join NOW.

irs

From the IRS

(Not password protected)

Looking Ahead: How the American Rescue Plan Affects 2021 Taxes: Part 1 and Part 2 (Not sure how much this matters but it appears there is money your clients could be leaving on the table – even EITC for people who don’t have children.)

A popular item from 5/246 Million Tax Returns Are ‘In Suspension’ at the IRS, and That’s Preventing Many Families from Receiving Valuable Tax Credit

openposition

Position Postings

(Not password protected)

Trusteeship

Law Clerk

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern

IN CASE YOU MISSED IT . . .

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits the SBRA, as modified by the CARES Act, and examines In re Ikalowych, an opinion interpreting debtors’ eligibility for subchapter V of Chapter 11 in a way that could make Chapter 11 accessible for more debtors who are “engaged in commercial or business activities.”
May 31, 2021
Archives

memorialday

As we remember those who have served, we at
ConsiderChapter13.org are taking a much needed break.
We hope that you will take this opportunity to catch up on the
many excellent articles and/or
webinars for which
you’ve been trying to find time.

We are already working on an exciting new update for June 7th.

May 24, 2021
Archives
ahern

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits the SBRA, as modified by the CARES Act, and examines In re Ikalowych, an opinion interpreting debtors’ eligibility for subchapter V of Chapter 11 in a way that could make Chapter 11 accessible for more debtors who are “engaged in commercial or business activities.”
gustafson

What the FICO? Reaffirming Doesn’t Help My Credit Score?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

The fact that reaffirmation decisions are subject to more variables doesnot mean attorneys can just “go along” with Debtors – at least under Anzaldo, debtors’ attorneys need to stay informed and have a sound basis for signing off on the “attorney certification”.

See also:

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

change

Chapter 13 Trustee Change

(Not password protected)
Annemarie B. Mathews to replace retiring chapter 13 standing trustee Wm. Keenan Stephenson, Jr.
evictionnotice

Eviction Ban

(Not password protected)

New Paper from Yale Law Review

(Not password protected)

Bankruptcy Grifters

Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)

irs
openposition

Position Postings

(Not password protected)
Trusteeship
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Law Clerk
E.D. of Michigan – Application deadline 5/28/21
Northern District of OH
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

FEMA Offers Financial Assistance for COVID-Related Funeral Expenses

The Benefits Division would like to make sure all are aware that under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021, FEMA is providing financial assistance for COVID-19 related funeral expenses incurred after January 20, 2020. This assistance is available to any eligible individuals, not just federal employees.

cmoran

IN CASE YOU MISSED IT . . .

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)

“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”

(Be sure to note the reinforcing comment from a Bankruptcy Judge at the end of this article.)

May 17, 2021
Archives
cmoran

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”
williambrown

From the Editor – Claims

By The Honorable William Houston Brown (Retired)
legislationupdate

Legislation Update

(Not password protected)

New Paper from Yale Law Review

(Not password protected)

Bankruptcy Grifters

Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)

schmetterer

Illinois Judge Retires

(Not password protected)
openposition

Position Postings

(Not password protected)
Trusteeship
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Law Clerk
United States Bankruptcy Court for the E.D. of Michigan
tulsamassacre

From the Courts Extra

(Not password protected)
Northern District of OK – Court and The Federal Building shall be closed for business on Friday, May 28, 2021, in observance of the Tulsa Race Massacre
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern

IN CASE YOU MISSED IT . . .

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern examines In re Ajasa, an opinion rendered in a nationwide class action based on alleged discharge-injunction violations. Larry clarifies the relatively narrow but important jurisdictional issue addressed in this case, explains the outcome and concludes with an observation about one of its broader implications. Look for other discussions of discharge violations, debt reporting and class actions in this space.
May 10, 2021
Archives
resnick

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA)
In Bobka v. Toyota, the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an “assumption agreement” which she signed and returned to Toyota the day before she received her discharge. . . . The debtor later decided to return the Toyota who immediately began “collection efforts”. .
ahern

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern examines In re Ajasa, an opinion rendered in a nationwide class action based on alleged discharge-injunction violations. Larry clarifies the relatively narrow but important jurisdictional issue addressed in this case, explains the outcome and concludes with an observation about one of its broader implications. Look for other discussions of discharge violations, debt reporting and class actions in this space.
hildebrand

CARES Act Financial Hardship ‘Laundry List’

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
During the Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and Henry Hildebrand – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming from the COVID-19 pandemic. The bankruptcy section of the CARES Act does not detail what would constitute a coronavirus related financial hardship. The statute only says: “the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease (COVID-19) pandemic” . . .In this article, Hildebrand outlines what constitutes a pandemic related financial hardship.Not a ConsiderChapter13.org subscriber? Join NOW.
clarencethomas

In the “Just Plain Interesting” Category

(Not password protected)
pulseevent

Registration for Online Event

(Not password protected)
cfpb

On the CFPB

(Not password protected)
  • Making Ends Meet Series: Consumer Use of Payday, Auto Title, and Pawn Loans – In a new report in the CFPB’s Making Ends Meet series, we find that consumers who use a payday, auto title, or pawn loan in one year are often still using that type of loan a year later. Some users of these services have lower cost credit available on credit cards, while others lack access to traditional credit. Among payday, auto title and pawn loan borrowers who experience significant financial shocks, the costs of these shocks often exceed other possible sources of funds.

Two important items from last week . . .

paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)
Judge Bonapfel has again edited/supplemented his SBRA materials. Click here for the entire Guide – FREE.The supplemental materials are in Part XV and is designed as a “pocket part.”As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.
evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
cmoran

IN CASE YOU MISSED IT . . .

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.”
May 3, 2021
Archives
cmoran

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses.
pulseevent

Registration for Online Event

(Not password protected)
mailbox
paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

irs

From the IRS

(Not password protected)
Popular item from last week Why Tax Refunds Are Taking Longer Than Usual (Article starts out somewhat elementary but then provides some useful information.)
ncbrc

From NCBRC

(Not password protected)

Debtor Loses the Battle but Wins the War – Confirmed plan binds county tax creditor even though plan did not provide for the interest claimed in its post-confirmation proof of claim where the county had notice of the plan and failed to object to confirmation. In re Bird, 624 B.R. 841 (Bankr. N.D. Ill., Feb. 2, 2021) (case no. 1:17-bk-2072).

Debtor May Avoid County Tax Foreclosure Sale – County’s tax sale of debtor’s farm was avoidable as constructively fraudulent under section 548, where debtor was insolvent at the time of the title transfer and the tax debt was substantially less than fair market value of the property. DuVall v. County of Ontario, No. 19-20179, Adv. Proc. No. 19-2011 (Bankr. W.D. N.Y. Feb. 18, 2021).

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Term Law ClerksDistrict of Colorado
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
pardis

IN CASE YOU MISSED IT . . .

Did Congress Mean What It Said in Section 1328(i)?

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA)
“Had Congress intended the Court’s inquiry to end at the consideration of only the bare statutory prerequisites of section 1328(i), it would have used the constraining ‘shall,’ as it has in other subsections of § 1328, rather than the discretionary ‘may.’”
April 26, 2021
Archives
pardis

Did Congress Mean What It Said in Section 1328(i)?

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA)
“Had Congress intended the Court’s inquiry to end at the consideration of only the bare statutory prerequisites of section 1328(i), it would have used the constraining ‘shall,’ as it has in other subsections of § 1328, rather than the discretionary ‘may.’”
Merideth-Akers

I’ve Looked at Clouds from Both Sides Now

(Song by Joni Mitchell – first recorded by Judy Collins in 1968)
By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
“Either side can find themselves in egregiously stressful circumstances.”
paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

irs
nclc

From the National Consumer Law Center

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21Term Law ClerksDistrict of ColoradoTerm Law ClerksNorthern District of Indiana DISTRICT CourtPaid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
Beskin

IN CASE YOU MISSED IT . . .

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

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.” (waka waka!)
April 19, 2021
Archives
Beskin

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

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.” (waka waka!)
ahern

Bankruptcy Courts Grapple with the “COVID-19 Discharge”

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern has previously reported on bankruptcy-related legislation passed in 2019 and amended in response to the COVID-19 pandemic. This week, he returns to the subject and focuses on the “COVID-19 Discharge,” created temporarily by the Consolidated Appropriations Act, 2021 (“CAA”), in light of recent decisions from the Bankruptcy Courts in California and South Carolina.
newjudge

New Judge Appointed

(Not password protected)
On April 6 J. Kate Stickles was sworn in as the newest judge of the United States Bankruptcy Court for the District of Delaware. Judge Stickles becomes the latest judge to join the Delaware Bankruptcy Court since Judges John T. Dorsey and Karen B. Owens were sworn onto the bench in 2019.
blockchain

New Term of the Week

(Not password protected)

What the heck is blockchain?

From Epiq: The Future of Blockchain and eDiscovery: What Should the Legal Industry Expect? (Not specific to Chapter 13 – If you don’t care what bitcoin is, you probably won’t care about blockchain.)

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21Term Law ClerksDistrict of ColoradoTerm Law ClerksNorthern District of Indiana DISTRICT CourtPaid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
gendron

IN CASE YOU MISSED IT . . .

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?
April 12, 2021
Archives
gendron

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?
goodbusiness

Finally, Some Good News, Well At Least in Our Business

(Not password protected)

But Then There is a Flip Side

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deadline

Extension of CARES Act Provisions

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bankruptcystudy

Bankruptcy Study by Foohey, Lawless and Thorne

(Not password protected)

As with The Bill proposed last year, many aspects of this study will be controversial.At base it says nothing negative about Chapter13 other than people’s financial problems don’t fit neatly into either Chapter 7 or Chapter 13thus is supportive of the proposed bankruptcy-a-la-carte bill. The study seems to come down emphatically that much of what drives people to seek bankruptcy has to do with societal inequities and the lack of a functioning safety net.See also:

foreclosureprocess

Foreclosure Ban

(Not password protected)
carborrowers

Another ‘Good News’ Headline Only Consumer Bankruptcy Attorneys will Appreciate

(Not password protected)

Risky Borrowers Are Falling Behind on Car Payments (Wall Street Journal Subscriber Only Article – Below is the free blurb)

More subprime borrowers are missing monthly payments on their cars and trucks, pointing to an uneven economic recovery. Some 10.9% of subprime borrowers with outstanding auto loans or leases were more than 60 days past due in February, up from 10.7% in January and 8.7% a year prior, according to credit-reporting firm TransUnion. It marked the sixth consecutive month-over-month increase and the highest level in monthly data going back to January 2019.More than 9% of subprime auto borrowers were more than 60 days past due in the fourth quarter, the highest quarterly figure in data going back to 2005.Not Password Protected on the Same Topic:

https://considerchapter13.org/wp-content/uploads/2017/09/scotus1.jpg

From SCOTUS

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For those keeping an eye on the mortgage issue in Jones v. U.S. Bank, N.A., U.S., No. 20-1064, cert. denied 4/5/21.
evictionnotice

Eviction Ban

(Not password protected)
openposition

Positions Open

(Not password protected)

Judgeship

Trusteeship

irs

From the IRS

(Not password protected)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
ahern

IN CASE YOU MISSED IT . . .

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.Click here for Part 1- The Circuits Begin to Line Up

April 5, 2021
Archives
deadline

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

(Not password protected)
H.R.1651 – No longer legislation but actual law, signed by the President 3/27/21.
ahern

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.

Click here for Part 1- The Circuits Begin to Line Up

americanrescueplan

United States Trustee Program Alert

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In case you missed this last week . . . Notice to Chapter 7 and 13 Trustees Regarding Treatment of Recovery Rebates and Tax Credits for Consumer Bankruptcy Debtors Under the American Rescue Plan Act of 2021

“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”

telephone

From SCOTUS

(Not password protected)

meanstest

Means Test Numbers Change April 1, 2021

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irs

From the IRS

(Not password protected)

subchapterv

Subchapter V

(Not password protected)
Debt limit cap extended to March 27, 2022.

courtscales

From the Courts

(Not password protected)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

debt

Student Loan Chronicles

(Not password protected)

caution
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

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

Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge.See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.

March 29, 2021
Archives

happyeaster

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Dilogscharge.
See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Act has been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.

americanrescueplan

United States Trustee Program Alert

(Not password protected)
“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”

legislation

Legislation to Watch

(Not password protected)

Passed the House with Amendment 3/26 and is expected to be signed by the President on 3/28.

williambrown

From the Editor

By The Honorable William Houston Brown (Retired)

Even during spring break, Judge Brown made time to find two cases of interest regarding lien modification:

meanstest

Means Test Numbers Change April 1, 2021

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irs

From the IRS

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subchapterv

Subchapter V

(Not password protected)
Reminder – March 27 WAS the Deadline to decrease the cap back to $2,725,625, although an extension has been proposed – stay tuned!

courtscales

From the Courts

(Not password protected)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

debt

Student Loan Chronicles

(Not password protected)

cmoran

IN CASE YOU MISSED IT . . .

6 Steps to Ethical Unbundling of Bankruptcy Representation

By Cathy Moran, Esq., (Redwood City, CA)
The client initialed every paragraph of the 19-paged representation agreement, and the appeals court still sanctioned the attorney over the agreement.Turns out, a long agreement and the client’s initials weren’t enough to protect the lawyer from sanctions for unbundling his services. So, what does it take??

March 22, 2021
Archives
cmoran

6 Steps to Ethical Unbundling of Bankruptcy Representation

By Cathy Moran, Esq., (Redwood City, CA)
The client initialed every paragraph of the 19-paged representation agreement, and the appeals court still sanctioned the attorney over the agreement.Turns out, a long agreement and the client’s initials weren’t enough to protect the lawyer from sanctions for unbundling his services. So, what does it take??

americanrescueplan

The American Rescue Plan

(Not password protected)

The new $1,400 per person stimulus checks could be garnished for unpaid debts. Why this one but not the previous two?Reconciliation. Reconciliation in this context is a way for Congress to enact legislation on taxes, spending, and the debt limit with only a majority (51 votes, or 50 if the vice president breaks a tie) in the Senate, avoiding the threat of a filibuster, which requires 60 votes to overcome. Because Democrats have 50 seats in the Senate—plus a Democratic vice president—reconciliation is a way to get a tax-and-spending bill to the president’s desk even if all 50 Republicans oppose it.More information:

legislation

Legislation to Watch

(Not password protected)

kevinanderson

Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred.

wedoff

More on Fulton

(Not password protected)
Judge Wedoff: On Representing Respondents at Supreme Court in Chicago v. Fulton (17-minute substantive and entertaining (I mean, it’s Judge Wedoff!!) interview by Don Swanson)

act12

Chapter 12 Conference Farm Reorganization
July 22, 23 & 29, 30, 2021 – VIRTUAL

(Not password protected)

meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)

irs

From the IRS

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  • IRS Office of Chief Counsel Unveils National Virtual Settlement Days – IRS Office of Chief Counsel has embarked on its most far-reaching Settlement Days program ever, declaring the month of March 2021 (nice of them to announce this on March 18th) as “National Settlement Month.” If you have clients with IRS issues, this may be of interest to you. BUT if we are reading this properly, they would have to participate without counsel.

openposition

Positions Open

(Not password protected)

subchapterv

Subchapter V

(Not password protected)
Reminder – March 27 is the CurrentDeadline to decrease the cap back to $2,725,625, although an extension has been proposed (and passed the House 3/17).

courtscales

From the Courts

(Not password protected)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

debt
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor.

March 15, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor.

ahern

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern starts by summarizing In re Anderson, a March 1 opinion from the Ninth Circuit, and the First Circuit’s In re Rockwell decision, which the Supreme Court declined to review on February 22. In this Part 1, he considers how and why the circuits are finding the petition date determinative of the exempt status of assets (the “snapshot” rule). In Part 2, he will ask when future cases, especially those involving different circumstances, may not apply the rule.

williambrown

From the Editor

By The Honorable William Houston Brown (Retired)

Judge Brown had a little time on his hands this week and brings us two cases of interest:

markwheeler

Serendipity, a Tribute to Judge Jack B. Schmetterer

(Not password protected)
By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL)
(Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.)“Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to interview him. After all, a person could be quite different personally in an interview setting than they appear professionally.”

fulton

Chapter 13 Practice and Procedure

(Not password protected)
Free Section 5:12 – The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.

takethesurvey

The Advisory Committee on Bankruptcy Rules Needs Your Help

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As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures. The Rules Committee would like to hear from you regarding your current practices. PLEASE take this survey.

openposition

Positions Open

(Not password protected)

subchapterv

Subchapter V

(Not password protected)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

chrishawkins

IN CASE YOU MISSED IT . . .

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
“. . . the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts to fill in the gaps with respect to the interplay of bankruptcy and the FDCPA. . . . The United States District Court for the Southern District of Ohio recently analyzed correspondence sent by a mortgage servicer in the context of potential FDCPA and discharge violations, providing a helpful catalog of many of the cases previously addressing the FDCPA in bankruptcy.”

March 8, 2021
Archives
chrishawkins

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
“. . . the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts to fill in the gaps with respect to the interplay of bankruptcy and the FDCPA. . . . The United States District Court for the Southern District of Ohio recently analyzed correspondence sent by a mortgage servicer in the context of potential FDCPA and discharge violations, providing a helpful catalog of many of the cases previously addressing the FDCPA in bankruptcy.”

kuharich

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

(Not password protected)
By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)
“I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited.”

fulton

More on Fulton

(Not password protected)

The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.Other resources on Fulton (Password Protected):

Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

debmiller

From the Advisory Committee on Bankruptcy Rules

(Not password protected)
Re: Survey of Bankruptcy Court Procedures for TurnoverDear Fellow Bankruptcy Practitioners:I have been asked to reach out on behalf of the Advisory Committee on Bankruptcy Rules which requests your assistance.As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures.The Rules Committee would very much like to hear from you. PLEASE take this survey. It is only 3 questions and then asks for a summary as to whether or not your Court has adopted local rules or general orders on this issue. Please specify whether your Court is contemplating or has adopted local rules revisions or general, procedural, or administrative orders allowing a party to seek turnover of estate property under 11 U.S.C. § 542 by motion as suggested in the concurrence of the Supreme Court opinion in City of Chicago v. Fulton.I thank you in advance!!Debra L. Miller, Esq. Chapter 13 Standing Trustee for the Northern District of Indiana

paulbonapfel

Of Interest to, Well, Everyone

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GA Bankruptcy Judge Lowers Boom on Chapter 7 Trustee and Counsel Fees (Chpt 7 case converted to 13)Really. You gotta read this one!

uscourts

From the United States Courts

(Not password protected)

farmers

Farmers in the News

(Not password protected)
Texas Farmers Tally Up Damage from Winter Storm ‘Massacre’ – The state’s agriculture sector has lost an estimated $600 million or more. Crop and livestock damage could mean shortages and higher prices beyond Texas.

newjudge

New Judge Appointed

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The Fifth Circuit has appointed Jamie Wilson to be a U.S. Bankruptcy Judge in the Southern District of Mississippi, stationed in Jackson. Ms. Wilson will replace retiring Judge Neil Olack and assume her position on July 1st.

openposition

Positions Open

(Not password protected)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

cmoran

IN CASE YOU MISSED IT . . .

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.AND more info from last week on credit scores:NCLC: The Credit Score Pandemic Paradox and Credit InvisibilityAmericans Are Struggling, But You’d Never Know It from Their Credit Scores

March 1, 2021
Archives
bledsoe

Turnover by Motion? How About Under Rule 6008?

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
After his participation in ConsiderChapter13.org’s webinar City of Chicago v. Fulton: What SCOTUS Did Not Say, Trustee Bledsoe examined long-standing common practice in the recovery of assets. This is a MUST READ article!“In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion is not sufficient, but that – if pushed- a debtor will be required to file an adversary proceeding. But, let’s analyze the issue using the same methodology the Justices used in Fulton.”

webinar

Webinar Recording Now Available

Without a doubt, one of the best webinars we have ever produced.Chapter 13 Trustee Jody Bledsoe, along with noted attorneys Richard Parker and Tony Sottile, engage in a one-hour presentation on the recent Fulton decision. Our expert panel digs into what the Supreme Court did not rule on in this case. They also drill down into §§ 362 and 542 to look at adversary proceeding vs. motion for turnover.A few comments we received:

  • I think you guys have the most quality programming in bankruptcy-centric circles
  • Very interesting webinar
  • Webinar had some very practical suggestions for dealing with the complications/extra work created by The Supremes
  • Excellent

Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

Or click here for a discounted offer.

cmoran

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.

farmers

Farmers in the News

(Not password protected)

Farm Bankruptcies During 2020 – Filings Drop 7% During 2020, Not Out of the Woods Yet

legislation

Legislation to Watch

(Not password protected)

openposition

Positions Open

(Not password protected)

new

New Supplemental Proof of Claim Form

(Not password protected)
Director’s Form 4100S is new, in response to the Consolidated Appropriations Act of 2020, which amended Code sections 501 and 502 to provide that creditors under Federally backed mortgages, qualified under the CARES Act and RESPA, and who entered into forbearance agreements with debtors, may file proofs of claim for the deferred forbearance payments, even when the claim would otherwise be untimely. The Code amendment sunsets one year after enactment; therefore, the form itself is proposed to terminate at that time.We noticed this week that many, many Courts have adopted this form.

dontforget

Subchapter V Reminder – March 27, 2021 Current Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021, although an extension has been proposed.Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible. The extension is included in the legislation to watch above.

courtscales

From the Courts

(Not password protected)

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

hauber

IN CASE YOU MISSED IT . . .

Chapter 13 – It’s Good To Have A Plan

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”