February 6, 2023
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Archives |

Critical Case Comment – Ignoring 3002.1 Will Cost You

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 5 – Supreme Court Activity


SCOTUS Grants Cert

NACTT 2023
Austin, Texas
July 27-29 Mark your calendar – RIGHT NOW
We can honestly say that this will be the hottest (in more ways than one) bankruptcy conference in many many years. Lots of hot topics/issues to discuss and we have the hottest speakers in the business lined up!!!!


From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- S.D. FL – Fort Lauderdale Division: New requirements/procedures for remote appearances at hearings, effective February 1, 2023. Review requirements/procedures on Judge Grossman’s Remote Appearances and Judge Russin’s Hearings webpages.
- N.D. MS – Effective 2/1all parties are expected to appear in person for court proceedings, unless a hearing notice or court order provides otherwise. The Court will no longer routinely schedule court proceedings to be held by telephone or video.

Positions Available
- E.D. Tennessee (Knoxville) – Trusteeship – Application Deadline 3/3/23
- S.D. California – Judgeship – Application Deadline 2/9/23
- W.D. Virginia – Staff Attorney to Trustee – Application Deadline 2/15/23

January 30, 2023
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Critical Case Comment – Free Parking

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute


From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- S.D. FL – Fort Lauderdale Division: New requirements/procedures for remote appearances at hearings, effective February 1, 2023. Review requirements/procedures on Judge Grossman’s Remote Appearances and Judge Russin’s Hearings webpages.
- N.D. MS – Effective 2/1all parties are expected to appear in person for court proceedings, unless a hearing notice or court order provides otherwise. The Court will no longer routinely schedule court proceedings to be held by telephone or video.

From the CFPB
CFPB Seeks Public Input on Consumer Credit Card Market – Feedback from consumers, industry, advocates will help inform biennial credit card market report

Positions Available
- W.D. Texas – Judgeship – Application Deadline 2/6/23
- N.D. Ohio – Courtroom Deputy – Application Deadline 2/3/23
- S.D. California – Judgeship – Application Deadline 2/9/23

For Your Blog
January 23, 2023
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Justice Department Announces New Director of the U.S. Trustee Program

Critical Case Comment – How Much Is It Worth – Then/Now?
On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property.

Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?
Mr. Akers brings us the next installment in our Human Resources series.
“Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do I have to pay normal payroll taxes, provide workers’ compensation insurance, pay unemployment taxes, or include the person in company benefit programs?”

Doll – No Fee for Trustee Without Confirmed Plan

Congratulations Judge Hunt


Congratulations New Committee Members
- Click here to see New Appointees to the Northern District of Illinois Bankruptcy Court Rules Committee


Student Loans Chronicles
Click here for a fillable PDF of the Debtor Attestation

Positions Available
- W.D. Texas – Judgeship – Application Deadline 2/6/23
- N.D. Ohio – Courtroom Deputy – Application Deadline 2/3/23
- D. Puerto Rico – Chapter 13 Standing Trustee – Application Deadline 1/31/23
- S.D. California – Judgeship – Application Deadline 2/9/23

Sanctions and Irony and Fraud, Oh My!
Lawyer Accused of Stabbing Another Lawyer After Nursing a Grudge for Years (Not bankruptcy related but . . . I mean, a lawyer stabbed a lawyer . . . )

For Your Blog
- IRS Free File Launch Aims to Save Taxpayers Hard-Earned Dollars – Seven partners will provide IRS Free File online products this year to any taxpayer or family who earned $73,000 or less in 2022.
MORTGAGE AND DEEDS OF TRUST ISSUES (Not password protected)
OF INTEREST (Not password protected)
January 16, 2023
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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 – More on Arbitration Procedure

To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

From the archives is an important case regarding payment of student loans as long-term debts.
Critical Case Comment
The classification of student loan obligations in a Chapter 13 case is not necessarily prohibited, and it can assist debtors and implement the goals of the bankruptcy system, and thus can work a “fair” discrimination to pay student loans a distribution greater than other unsecured creditors in the plan. In re Engen, 561 B.R. 523 (Bankr. D. Kan. 2016)
Also of interest:
Critical Case Comment – In re Kane – 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.

Student Loans Chronicles
- Click here for a fillable PDF of the Debtor Attestation

From the Courts
- S.D. AL – Proposed Changes to Local Rules


Positions Available
- W.D. Texas – Judgeship – Application Deadline 2/6/23
- N.D. Ohio – Courtroom Deputy – Application Deadline 2/3/23
- D. Puerto Rico – Chapter 13 Standing Trustee – Application Deadline 1/31/23
- E.D. Virginia – Chapter 13 Standing Trustee – Application Deadline 1/20/22
- S.D. California – Judgeship – Application Deadline 2/9/23

Sanctions and Irony and Fraud, Oh My!
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- Denver Attorney Suspended, Accused of Urging Clients to Infect a Rival with COVID-19
- Click here for the Memorandum Opinion
- Denver Attorney Suspended, Accused of Urging Clients to Infect a Rival with COVID-19
- CFPB Takes Action to Halt Debt Collection Mill from Bombarding Consumers with Junk Lawsuits –
Forster & Garbus illegally sued borrowers on behalf of Citibank and Discover, among others

DEBT AND THE ECONOMY (Not password protected)
MORTGAGE AND DEEDS OF TRUST ISSUES (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
January 9, 2023
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Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

Critical Case Comment – Should’a Returned the Car

From the Eastern District of Missouri
Brian C. Walsh appointed United States Bankruptcy Judge effective January 17, 2023. Click here for more information.

From the CFPB
CFPB Issues Report on TransUnion, Experian, and Equifax – Analysis of nearly half a million complaints reveals ongoing challenges

Free From NCLC

From the Courts
- D. MD – CM/ECF will be down for a system upgrade between 7 pm on Friday 1/13 and 7 pm on Monday 1/16.
- S.D. AL – Proposed Changes to Local Rules


Positions Available
- N.D. Ohio – Courtroom Deputy – Application Deadline 2/3/23
- D. Puerto Rico – Chapter 13 Standing Trustee – Application Deadline 1/31/23
- E.D. Virginia – Chapter 13 Standing Trustee – Application Deadline 1/20/22
- S.D. New York – Chapter 13 Standing Trustee – Application Deadline 1/15/22
- S.D. Georgia – Chapter 7 Panel Trustee – Application Deadline 1/15/23
- S.D. California – Judgeship – Application Deadline 2/9/23

Sanctions and Irony and Fraud, Oh My!
CFPB and New York Attorney General Sue Credit Acceptance for Hiding Auto Loan Costs, Setting Borrowers Up to Fail – Major subprime auto lender targets Americans with loans that it predicts they cannot afford to repay

For Your Blog
Save for Retirement Now, Get a Tax Credit Later: Saver’s Credit higher limits can help low- and moderate-income workers save more in 2023
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
January 2, 2023
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Critical Case Comment – New Bankruptcy Term: “Sale Plan”

The Future of CM/ECF

From the Archives –A very popular item from September
Did You Really Rely Upon That?
“The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement.”
Yep, you read that right! One take-away PREP YOUR WITNESS!

Max’s Knowledge Nugget

Important Notice Regarding Debtor Audits – Issued 12/12/22

From the Courts
- S.D. AL – Proposed Changes to Local Rules
Reminder: In most districts, you need to continue to carry a face covering with you – the notice to wear (or not) can change at a moments notice!



Positions Available
- D. Puerto Rico – Chapter 13 Standing Trustee – Application Deadline 1/31/23
- E.D. Virginia – Chapter 13 Standing Trustee – Application Deadline 1/20/22
- S.D. New York – Chapter 13 Standing Trustee – Application Deadline 1/15/22
- S.D. Georgia – Chapter 7 Panel Trustee – Application Deadline 1/15/23
- S.D. California – Judgeship – Application Deadline 2/9/23

Sanctions and Irony and Fraud, Oh My!
MORTGAGE AND DEEDS OF TRUST ISSUES (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
JUST FOR FUN (Well, “Fun” in our “Bankruptcy Geek” kind of way!) (Not password protected)
FOR YOUR HEALTH (Not password protected)
December 19, 2022
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Yet Another Reason Why the Means Test is “Broken”

Critical Case Comment – Ya Gotta Tell SOMEBODY!
Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated.
See also:
Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition
By Angela M. Scolforo

Important Notice Regarding Debtor Audits – Issued 12/12/22

Free From NCLC
Celink has framed it to us that Compulink (a related company) is really the entity taking over the sub-servicing of HUD-assigned HECMs from Novad, and has told us that there is a wall between Celink and Compulink (different employees, different systems). . . . click here for more
If you have clients with HUD-owned HECMs (formerly with Novad and now, as of Dec 12, they’ll be getting statements from Compulink), who have property charge arrearages they are concerned about or are trying to get HAF, please email me at smancini@nclc.org about those clients.

Harlow v. Wells Fargo



Student Loans Chronicles
- Overhauling Income-Driven Repayment – The Biden administration’s other plan to change how people pay back their loans could be safe from legal challenges.

Positions Available
- M.D. Alabama – Staff Attorney to Chapter 13 Trustee – Application Deadline 12/23/22
- S.D. New York – Chapter 13 Standing Trustee – Application Deadline 1/15/22
- E.D. Virginia – Chapter 13 Standing Trustee – Application Deadline 1/20/22
- S.D. Georgia – Chapter 7 Panel Trustee – Application Deadline 1/15/23
- S.D. California – Judgeship – Application Deadline 2/9/23

For Your Blog

Sanctions and Irony and Fraud, Oh My!
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
December 19, 2022
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Archives |

Yet Another Reason Why the Means Test is “Broken”

Critical Case Comment – Ya Gotta Tell SOMEBODY!
See also:
Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition
By Angela M. Scolforo

Important Notice Regarding Debtor Audits – Issued 12/12/22

Harlow v. Wells Fargo



Student Loans Chronicles
- Overhauling Income-Driven Repayment – The Biden administration’s other plan to change how people pay back their loans could be safe from legal challenges.

Positions Available
- M.D. Alabama – Staff Attorney to Chapter 13 Trustee – Application Deadline 12/23/22
- S.D. New York – Chapter 13 Standing Trustee – Application Deadline 1/15/22
- E.D. Virginia – Chapter 13 Standing Trustee – Application Deadline 1/20/22
- S.D. Georgia – Chapter 7 Panel Trustee – Application Deadline 1/15/23
- S.D. California – Judgeship – Application Deadline 2/9/23

For Your Blog

Sanctions and Irony and Fraud, Oh My!
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
December 12, 2022
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Archives |

Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition

After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

Critical Case Comment – Fair Discrimination: A Win/Win


New Study
Study: Arbitration Agreements as Executory Contracts in Bankruptcy After Mission Products Holdings, Inc. v. Tempnology – Stephen J. Ware, University of Kansas – School of Law

Student Loans Chronicles

Student Loans Chronicles
We know the new developments regarding student loans are at the top of your “Gotta Get On Top of This” list.
Still Time to REGISTER for our upcoming webinar:
Student Loans in Chapter 13 Going Forward
Thursday, December 15th – 3:30 Eastern/2:30Central/1:30 Mountain/12:30 Pacific
Join our panel of experts* as they discuss the specifics of the brand new DOJ Guidelines, how they are geared to streamline the process, how they will impact debtors’ counsel and Chapter 13 Trustees’ offices, and what can be done to help make the program more successful.
*Moderator: Scott Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania and NACTT Student Loan Committee Chair
John Rao, Esq., National Consumer Law Center
Joshua Cohen, Esq., The Student Loan Lawyer
Edward Boltz, Esq., Law Offices of John T. Orcutt

Positions Available
- M.D. Alabama – Staff Attorney to Chapter 13 Trustee – Application Deadline 12/23/22
- S.D. New York – Chapter 13 Standing Trustee – Application Deadline 1/15/22
- W.D. Virginia – Chapter 13 Trusteeship – Application Deadline 12/16/22
- S.D. Georgia – Chapter 7 Panel Trustee – Application Deadline 1/15/23
- S.D. California – Judgeship – Application Deadline 2/9/23

For Your Blog

Sanctions and Irony and Fraud, Oh My!

From ncbarblog.com
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
December 5, 2022
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Archives |

How to Manage Unprofessional and Discourteous Attorneys

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Critical Case Comment – The Plan Rules

Knowledge Nugget from Jay S. Jump, CEO, CertificateofService.com
The U.S. Bankruptcy Court has amended FRBP Rule 7004. What does this mean for you?
Well… instead of naming the Agent or Officer at an Insured Depository Institution, you can be compliant under Rule 7004 by just addressing that individual by their Position or Title.How exciting! See below for the amended rule!
Rule 7004. Process; Service of Summons, Complaint
* * * * *
(i) SERVICE OF PROCESS BY TITLE. This subdivision (i) applies to service on a domestic or foreign corporation or partnership or other unincorporated association under Rule 7004(b)(3) or on an officer of an insured depository institution under Rule 7004(h). The defendant’s officer or agent need not be correctly named in the address – or even be named – if the envelope is addressed to the defendant’s proper address and directed to the attention of the officer’s
or agent’s position or title.

Well Deserved Award

From the Courts
New Local Rules – Since Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure adopted by the Supreme Court and transmitted to Congress on April 11, 2022, everybody has new local rules. Be sure you are in compliance!
D.S.C. – Honorable David R. Duncan to retire


Student Loans Chronicles
We know the new developments regarding student loans are at the top of your “Gotta Get On Top of This” list.
REGISTER NOW for our upcoming webinar:
Student Loans in Chapter 13 Going Forward
Thursday, December 15th – 3:30 Eastern/2:30Central/1:30 Mountain/12:30 Pacific
Join our panel of experts* as they discuss the specifics of the brand new DOJ Guidelines, how they are geared to streamline the process, how they will impact debtors’ counsel and Chapter 13 Trustees’ offices, and what can be done to help make the program more successful.
*Moderator: Scott Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania and NACTT Student Loan Committee Chair
John Rao, Esq., National Consumer Law Center
Joshua Cohen, Esq., The Student Loan Lawyer
Edward Boltz, Esq., Law Offices of John T. Orcutt

Positions Available
- M.D. Alabama – Staff Attorney to Chapter 13 Trustee – Application Deadline 12/23/22
- W.D. Virginia – Chapter 13 Trusteeship – Application Deadline 12/16/22
- S.D. California – Judgeship – Application Deadline 2/9/23



In Case You Missed It . . . (This case cracks me up.)
Critical Case Comment – But It’s a GOLF CART!
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
November 28, 2022
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So that ConsiderChapter13.org staff can spend time with friends and family during the holiday weekend, we bring you an abbreviated issue this week.
Plus, this DOJ/Student Loan stuff is a LOT –Aren’t you happy for another week to absorb it!!
Guidance from DOJ on How It Will Evaluate Discharge in Bankruptcy of Student Loans Going Forward
- Cover Email from Kaitlyn Vitez
- Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation
- At a Glance: Department of Justice’s New Process for Student Loan Bankruptcy Discharge Cases Fact Sheet
- APPENDIX B: Debtor Example Scenario
- Attestation Form
SAVE THE DATE – DECEMBER 15TH – Free Academy Webinar
See also:
An Update on Student Debt Relief and What this Means for Chapter 13 Practitioners
By MaryAnn Bennett Bride, Esq.
What is the Student Debt Relief Plan? Status? What does it mean in Chpt 13?

From NCBRC


Positions Available
- W.D. Virginia – Chapter 13 Trusteeship – Application Deadline 12/16/22
- N.D. Mississippi – Chapter 13 Trusteeship – Application Deadline 11/30/22
- S.D. California – Judgeship – Application Deadline 2/9/23
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
November 21, 2022
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Archives |

An Update on Student Debt Relief and What this Means for Chapter 13 Practitioners
HOT OFF THE PRESS
Guidance from DOJ on How It Will Evaluate Discharge in Bankruptcy of Student Loans Going Forward
- Cover Email from Kaitlyn Vitez
- Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation
- At a Glance: Department of Justice’s New Process for Student Loan Bankruptcy Discharge Cases Fact Sheet
- APPENDIX B: Debtor Example Scenario
- Attestation Form
Watch Your Academy emails for the date of our upcoming webinar on this topic.

Critical Case Comment – But It’s a GOLF CART!

From Mediatbankry.com

Student Loans Chronicles

Positions Available
- N.D. Mississippi – Chapter 13 Trusteeship – Application Deadline 11/30/22
- N.D. Mississippi – Chapter 7 Panel Trusteeship – Application Deadline 11/30/22
- W.D. New York – Chapter 7 Trusteeship – Application Deadline 11/26/22
- S.D. California – Judgeship – Application Deadline 2/9/23
- M.D. North Carolina – Sub V Pool Trustee – Application Deadline 11/30/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
November 14, 2022
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When The Marital Community Doesn’t Get a Bankruptcy Discharge
“Community property works differently in bankruptcy. . . .The gotcha is that the holder of a nondischargeable claim must file a timely adversary in the innocent spouse’s bankruptcy case to get that determination of nondischargeabilty.”
In another effort to help ConsiderChapter13.org attorneys network, Attorney Moran has provided you with an excellent piece – Not Password Protected – to share with domestic relations attorneys in your area. This piece will educate them and make you look like a hero for sharing!!!
See Also:
Webinar: Marketing is Not a Dirty Word

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA

Critical Case Comment – “Extraordinary” Key to Set Aside Dismissal

Max’s Knowledge Nugget
Question: May a servicer charge to generate a payoff quote?
Answer: Click here

Passing of Judge

From the Courts


Positions Available
- N.D. Mississippi – Chapter 13 Trusteeship – Application Deadline 11/30/22
- N.D. Mississippi – Chapter 7 Panel Trusteeship – Application Deadline 11/30/22
- S.D. California – Chapter 13 Trusteeship – Application Deadline 11/20/22
- W.D. New York – Chapter 7 Trusteeship – Application Deadline 11/26/22
- S.D. California – Judgeship – Application Deadline 2/9/23
- M.D. North Carolina – Sub V Pool Trustee – Application Deadline 11/30/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22


Sanctions and Irony and Fraud, Oh My!
State Supreme Court Doubles Down on This Guy Not Being Allowed in Courtrooms (Not bankruptcy related but worth the quick read.)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
November 7, 2022
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Archives |

A Little Good News
October Individual Chapter 13 Bankruptcies Increase 27% Over Last Year

2022 Bankruptcy Procedure Year in Review: Revised Statute/Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA
This week, Larry Ahern begins his second annual year-end review of developments in bankruptcy procedure, summarizing this year’s Code amendments and the changes in the Bankruptcy Rules that are to take effect December 1, 2021, absent Congressional action. In Part 1, he starts with the statutory changes and the amendments of rules that do not relate to the Small Business Reorganization Act of 2019.
Coming Attractions
Part 2 will include a summary of rules changes that do relate to subchapter V cases and then we will see how the court shave also given us important rules and guidance during the past year, as they have applied the rules and various Code provisions. STAY TUNED!!

Critical Case Comment – Stay Violation? Repossession No. Sale Yes

Character Counts
We offer Character Counts not password protected so that subscribers may share it at will. In today’s world, it appears those with good character are harder and harder to find.
“Smart fashion designers design clothing that creates the illusion that people are something they are not. . . true character is not about giving the illusion . . . Sound character is having virtuous core values and living a life that is always true to one’s virtuous core values.

Median Income Rate Change
Note median family income changes for cases filed on or after November 1, 2022.

From the Courts
- N.D. FL – Student Loan Management Program Portal Training – Stretto, the portal provider, will provide step-by-step portal and process training on Wednesday, 11/9 and Thursday, 11/10 via webinar.

CFPB Unconstitutional – ? or !


Positions Available
- S.D. California – Judgeship – Application Deadline 2/9/23
- M.D. North Carolina – Sub V Pool Trustee – Application Deadline 11/30/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
- D. New Mexico – Term Law Clerk

Sanctions and Irony and Fraud, Oh My!
- Local (Seattle) Families Left Hanging After Hired Contractor Suddenly Files for Bankruptcy (More than just bad business. Is new legislation needed?)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
October 31, 2022
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Archives |

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
An oldie but goodie from the archives . . .
“You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash.”

Why Creditors Should Get Less in Chapter 13
“Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble.
Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% . . . Shame on us!”

Critical Case Comment – No Mulligans for Gardners
In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b).
“Such, however, does not include ‘I just needed more time’ or, ‘I did not realize that you were serious.’”

An important decision . . .
In re Grisham

Median Income Rate Change
Note median family income changes for cases filed on or after November 1, 2022.

From the Courts

CFPB Unconstitutional – ? or !
Previously run links:

From the CFPB


Positions Available
- S.D. California – Judgeship – Application Deadline 2/9/23
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
- D. New Mexico – Term Law Clerk


Sanctions and Irony and Fraud, Oh My!
- CFPB Orders Regions Bank to Pay $191 Million for Illegal Surprise Overdraft Fees – Repeat offender will refund at least $141 million to customers and pay $50 million penalty
- Lawyer Sanctioned for Lifting Passages from Opponents’ Motion; Copying Was ‘Neither Slight Nor Subtle’ (Not bankruptcy related but A MUST READ.)
- Former Owner & CFO of Auto Masters Indicted in Multi-Million Dollar Bank Fraud Scheme – Company Fraudulently Obtained Over $24 Million by Overstating Collateral
SUB CHAPTER V (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
October 24, 2022
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Archives |

The Cloud Cometh

Critical Case Comment – Repeat: No Fee Splitting

Continuing the Student Loan Discussion
Student Loans Debacle – Part II: Failure to Forgive – The Ticking Time-Bomb
“. . . the responsible policing of bankruptcy cases can prevent systematic abuses of the bankruptcy processes. Attorneys, trustees, and judges are all aware of the differences between a single mother of three and a just-graduating physician, attorney, engineer, architect, accountant, or other professional.”Click here for Part I
**********************************
The Student Loan Solution
Last week, we ran Henry Hildebrand’s proposals for a solution of the student loan issue.
Here are the comments received to date:
-
- In my opinion, this is a brilliant idea. It is a solution which avoids the enormous challenges of amending the Code, tailors relief to those who need it the most, using readily available information. My Congressional delegation will definitely be getting a copy of this. If you like the idea as much as I do, you may want to share it with your reps in Congress too. Jan.
-
- I feel constrained to say that the suggestions are beyond absurd, quite frankly ludicrous, i.e., requiring bankrupt debtors to retain their attorneys to file not just one but possibly 2 adversary proceedings. In The name of sanity indecency any solution must follow the KISS principle, which we all learned in the first year of our legal education “keep it simple stupid”.My understanding is that the Income Based and income contingent repayment plans for federally backed loans are not onerous and were not onerous even before Biden recently reduced the minimum monthly payment requirement and half.Perhaps if good faith student loan borrowers who fund their education on the backs of the American taxpayer, who pays their bills and taxes historically, the student loan should just be dischargeable like all other debts after a certain number of years of participating in these generous DEPARTMENT OF EDUCATION programs. Marc Alster
- My comment is about part 2 re: hardship for individuals whose taxable income in the previous two tax years totaled less than 175% of the poverty level in the United States to repay the student loan. I think that there should be something added that would prevent the student loan creditors from attributing the income of the individual’s spouse to the individual borrower. The spouse did not co-sign the loan and probably was not even married to the borrower when the loans were obtained, and the spouse’s income should not be a factor especially when in most circumstances the spouse is not liable for and not willing to pay the student loan. The borrower may have a lot less income than the spouse and it would not be fair to consider the spouse’s income but since they go by the tax returns and taxable income they consider “household” income. It should be “individual” and not “household” income that is considered when determining whether the loan is a hardship. I think this situation is probably very common and if we are going to dream big about student loan forgiveness we might as well include this dream as well. Great job Hank! Patricia Remer
PLEASE FEEL FREE TO ADD YOUR COMMENTS HERE OR AT THE END OF THE ARTICLE IN THE “LEAVE A REPLY” SECTION

In re Grisham

Median Income Rate Change
Note median family income changes for cases filed on or after November 1, 2022.

Farmers in the News

Southern West Virginia Names Chief Judge

From the Courts
- W.D. MO – ECF unavailable Friday 10/28 at 12 noon through 10/30 CST
- S.D. NY – ECF unavailable Friday 10/28 at 10:00 am until 8:30 am 10/31
- E.D. WA – Brian M. Sheehan selected as Clerk of Court effective 11/1.
- N.D. IL – Resumption of In-Court Operations 11/7/22
- M.D. NC – New Local Rules
- E.D. MO – 2022 Local and National Bankruptcy Rule Changes – Free Webinar – 11/4/22

From the CFPB
- CFPB Takes Action to Address Junk Data in Credit Reports – Effort seeks to address false information on the credit reports of children in foster care and the general public

Student Loans Chronicles

From NCBRC
- Tax Debt Strict Foreclosures as Takings Clause Violations (Issue before the Supreme Court in 2 petitions for cert.)

Positions Available
- S.D. California – Judgeship – Application Deadline 2/9/23
- N.D. Ohio – Judgeship – Application Deadline 10/28/22
- W.D. Washington – Term Law Clerk (Judge Lynch) – Application Deadline 10/28/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

For Your Blog
- Grab a Blanket: Heating costs to soar this winter
- Apply Now for Student Loan Debt Relief! – Student Loan Debt Relief Application has officially launched!

Sanctions and Irony and Fraud, Oh My!
- Lawyer Ordered to Pay Huge Fine for Naming Accused Priest – Bankruptcy judge orders Richard Trahant, attorney representing dozens of victims of sexual abuse by Catholic priests, to pay $400,000 in sanctions (Not a consumer bankruptcy issue but definitely an ‘attorney vs. being human’ issue. What would YOU have done in his position?)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
October 17, 2022
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Archives |

The Student Loan Solution
“. . . any comprehensive solution is decades in the future . . . However, . . . there is a way Chapter 13 can provide a vehicle to facilitate the Department of Education, the trustee community, the consumer bar and the judiciary to craft a solution that will provide light in that dark tunnel.”
PLEASE FEEL FREE TO ADD YOUR COMMENTS HERE OR AT THE END OF THE ARTICLE IN THE “LEAVE A REPLY” SECTION

Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

We apologize for the incorrect link to this article last week.
Ask Ms. Ps & Qs

In re Goodwin
MONDAY MORNING POP QUIZ:
- Which approach does your Circuit use to determine the extent of postconfirmation estate property when vesting occurs at confirmation? Answer:_________________
- If you are unable to fill-in the blank, turn to the discussion starting at page 22 for multiple choice options.

From the Courts
- M.D. AL – Due to system upgrades, CM/ECF will be unavailable starting Friday, 10/21/22 at 3:00PM Central Time
- N.D. IL – Resumption of In-Court Operations 11/7/22
- M.D. NC – New Local Rules
- E.D. MO – 2022 Local and National Bankruptcy Rule Changes – Free Webinar – 11/4/22
- N.D. NY – Opportunity for Public Comment on Proposed Amendments to Local Bankruptcy Rules Effective December 1, 2022 – responses due by 10/21/22


From NCBRC

Positions Available
- N.D. Ohio – Judgeship – Application Deadline 10/28/22
- W.D. Washington – Term Law Clerk (Judge Lynch) – Application Deadline 10/28/22
- N.D. Mississippi – Term Law Clerk – Application Deadline 10/25/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

For Your Blog

Sanctions and Irony and Fraud, Oh My!
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
October 10, 2022
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Archives |
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Happy Day Off from Court! |

Courts are Expanding the Protections of Bankruptcy Rule 3002.1


Keep Calm and Carry On – Observations Regarding CBRA
“First, breathe deep and try to relax. . . .There are miles to go before the CBRA has any chance of becoming law.”
See also:
- 9/29/22 UPDATE White House Releases Additional Information Regarding Federal Student Loan Forgiveness Plan: Applications Available in October; Estimated to Cost an Average of $30 Billion Annually Over the Next Decade
- Senator Warren and Representative Nadler Reintroduce the Consumer Bankruptcy Reform Act
- Click here for a(political) summary
- Click here for an ABI summary
- Click here for a (political) one-page summary – NEW

Ask Ms. Ps & Qs

Judge to Retire

From the Courts
- M.D. NC – New Local Rules
- E.D. MO – 2022 Local and National Bankruptcy Rule Changes – Free Webinar – 11/4/22
- N.D. NY – Opportunity for Public Comment on Proposed Amendments to Local Bankruptcy Rules Effective December 1, 2022 – responses due by 10/21/22

Student Loans Chronicles

From NCBRC

Positions Available
- N.D. Ohio – Judgeship – Application Deadline 10/28/22
- W.D. Washington – Term Law Clerk – Application Deadline 10/28/22
- W.D. Washington – Term Law Clerk (Judge Heston) – Application Deadline 10/28/22
- E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
- N.D. Mississippi – Term Law Clerk – Application Deadline 10/25/22
- W.D. Tennessee – Trusteeship – Application Deadline 10/15/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22


Sanctions and Irony and Fraud, Oh My!
- Tri-Cities Rancher Sentenced to Eleven Years in Federal Prison and Ordered to Pay $244 Million in Restitution for “Ghost Cattle” Fraud (Case we have previously reported on.)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
BY THE NUMBERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
October 3, 2022
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Archives |

Post-Petition Equity in Chapter 13 – Who Gets The $$$

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees – Part 2: Judicial and Legislative Background

Critical Case Comment – Service Counts

Well, It Did Happen
Senator Warren and Representative Nadler Reintroduce the Consumer Bankruptcy Reform Act
- Click here for a (political) summary of the Bill
- Click here for an ABI summary of the Bill

Popular from last week . . .
Interesting New Bankruptcy Study
The Modern Family Debacle: Bankruptcy Judges Decide That Some of the Debtors’ Loved Ones Do Not Count as Household Members

From the Courts
- N.D. NY – Opportunity for Public Comment on Proposed Amendments to Local Bankruptcy Rules Effective December 1, 2022 – responses due by 10/21/22
- W.D. PA – The Honorable Gregory L. Taddonio has been appointed Chief Judge of the United States Bankruptcy Court for the Western District of Pennsylvania effective 9/23/22
- M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.

Student Loans Chronicles
- CFPB Supervisory Examinations Find Violations of Federal Law by Student Loan Servicers and University-Owned Lenders – Blanket withholding of academic transcripts to pressure borrowers to pay cited as unlawful

Positions Available
- N.D. Ohio – Judgeship – Application Deadline 10/28/22
- W.D. Washington – Term Law Clerk – Application Deadline 10/28/22
- E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
- D. Arizona – Clerk of Court – Application Deadline 10/11/22
- W.D. Tennessee – Trusteeship – Application Deadline 10/15/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

Sanctions and Irony and Fraud, Oh My!
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
September 26, 2022
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Archives |

Quick Confirmation – BAP Says Not so Fast

Critical Case Comment – Don’t File an Individual Chapter 13 if the Assets Are Owned by an LLC; It Will Cost You – BIG

“Jan Hamilton” – Need We Say More?
Happy Retirement Jan!!
“Before and during the oraI arguments I sat next to a former clerk for Justice Rehnquist. She was very impressed with Jan’s abilities, commenting that she had seen many oral arguments and that Jan was really good, one of the best!”

Interesting New Bankruptcy Study
The Modern Family Debacle: Bankruptcy Judges Decide That Some of the Debtors’ Loved Ones Do Not Count as Household Members

Fond Farewell to Alabama Trustee
Dear Danny,
“. . . we couldn’t let this moment pass without acknowledging how admired and respected you are.”


From the Courts
- W.D. PA – The Honorable Gregory L. Taddonio has been appointed Chief Judge of the United States Bankruptcy Court for the Western District of Pennsylvania effective 9/23/22
- M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.

Student Loans Chronicles
- White House Releases State-By-State Student Debt Forgiveness Estimates – Biden’s plan could eliminate student debt entirely for 20 million borrowers
Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.

Positions Available
- E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
- D. Arizona – Clerk of Court – Application Deadline 10/11/22
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

Sanctions and Irony and Fraud, Oh My!
- A Tale of Fraud and Overzealousness: How the Judicial Shrinkage of “Initial Transferee” Saved an Innocent Immigrant From a Corrupt Car Dealer and a Troublesome Trustee (Chpt 7 case)
- People Around the Country Who Have Paid Matt Sowash Thousands of Dollars for the Small Dwellings After Seeing Him on Tiktok Say He Never Delivered on His Promises (Not bankruptcy related . . . yet. Could also be in For Your Blog.)
IN THE NEWS (Not password protected)
SUB V (Not password protected)
OF INTEREST (Not password protected)
Congressional Hearing on Consumer Bankruptcy Reform PLEASE NOTE:
- Don’t Panic—Just Another Hearing! As you will see in the link, The House Judiciary Committee may hold a hearing on September 29, concerning the Nadler-Warren Consumer Bankruptcy Reform Act that was introduced in the last Congress. Whether the proposed legislation gets any traction in the current Congress remains to be seen, but a hearing is not necessarily an indication that consumer bankruptcy legislation has significant congressional support.
- At press time, ConsiderChapter13.org sources were informed that no hearing was on the agenda of the Senate Committee staff.
DEBT AND THE ECONOMY (Not password protected)
September 19, 2022
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Archives |

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees – Part 1: Judicial and Legislative Background
Larry Ahern this week explores whether a professional’s success has a bearing on the fee that may be allowed in bankruptcy and focuses on a recent Sixth Circuit decision cutting a fee by half after an unsuccessful engagement.
“Chapter 13 debtors and their counsel may like the result in the case, because it gives them another tool for keeping the cost of professional services under control. However, the “results obtained” measure can cut both ways.”

Critical Case Comment – You Might as Well Plan for the Wrecked Car

The Student Loan Debacle: Causes & Cures

Former Bankruptcy Judge and NACTT 2021 Featured Speaker Honored

From the Western District of Michigan

From the CFPB
CFPB Study Details the Rapid Growth of “Buy Now, Pay Later” Lending – Business model relies on data collection, and loans serve as close substitute for credit cards


From the Courts
- M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.
- D. SC – Selection of Chief Deputy Clerk
- M.D. NC – U.S. Court of Appeals for the Fourth Circuit has selected John Paul “JP” H. Cournoyer, of Chapel Hill, N.C., to fill the Bankruptcy Administrator vacancy in the Middle District of North Carolina created by William Miller’s upcoming retirement.
- M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
- M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500

Student Loans Chronicles
Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.

Positions Available
- D. Arizona – Clerk of Court – Application Deadline 10/11/22
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

For Your Blog
- Student Loan Forgiveness Window Still Open for Service Members, DOD Civilians – Service members and Defense Department civilians with student loans have until Oct. 31 to benefit from a temporary expansion of the Public Service Loan Forgiveness program, which makes it easier for more borrowers to have the debt forgiven.

Sanctions and Irony and Fraud, Oh My!
- Criminal Complaint Lodged Against Judge After Litigant Rushed to Hospital – Even if the judge doesn’t think he did anything wrong, he’s got to step away from this one. (Not a bankruptcy case but falls in the ‘too good to not post’ category!)
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
September 12, 2022
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Archives |

Bankrupt Attorney Cannot Discharge State Court Sanctions
This case has it all –sex (albeit alleged), lies, drugs, and a big’o’ fat sanction at the end!
“In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6) and that the state court proceeding precluded litigating the issue in bankruptcy.”

Did You Really Rely Upon That?
“The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement.”
Yep, you read that right! If you’ve been around consumer practice a while, you may have attended one of Judge Lundin’s Advanced Bankruptcy Institutes – in those workshops, there was ALWAYS a bank’s witness (thank you very much, Martin Keefer – we love you!). This case reminds me of that . . . one take-away PREP YOUR WITNESS!

Demystifying Bankruptcy Appeals

By the Numbers
Bankruptcy Filings Increase Across All Chapters in August 2022 – Total Filings Up 10 Percent Year-Over-Year and 15 Percent Month-Over-Month (I thought it was in poor taste to use balloons as a graphic!)

From NCBRC

From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- M.D. NC – U.S. Court of Appeals for the Fourth Circuit has selected John Paul “JP” H. Cournoyer, of Chapel Hill, N.C., to fill the Bankruptcy Administrator vacancy in the Middle District of North Carolina created by William Miller’s upcoming retirement.
- C.D. CA – On September 8, 2022, Chief Judge Theodor C. Albert issued General Order 22-01 In Re: Prohibition on Broadcasting, Televising, Recording, and Photographing Bankruptcy Court Proceedings, including Hearings Conducted by Remote Transmission.
- M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
- M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500

Student Loans Chronicles
Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.
- ‘There’s a lot of people celebrating prematurely’: GOP could bring a legal challenge to block Biden’s student loan forgiveness plan
- From the ABA: The Student Loan Debt Fire Burning Around Us

Positions Available
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22


Sanctions and Irony and Fraud, Oh My!
- Maryland Woman Sentenced to Federal Prison for Fraud Schemes Resulting in Losses of More Than $1.4 Million – Defrauded Her Employer, Fraudulently Obtained Disability Benefits, and Evaded Paying Taxes
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
September 5, 2022
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Archives |

More on Marketing/Networking
Continuing our efforts to offer marketing assistance to Debtor Attorneys, we produced a webinar outlining free and low-cost steps you can take, right now, to increase the number of times the phone rings or you get a text from potential clients.
All Academy webinars are free if you participate live. Access to recordings are a benefit of subscription or we offer a pay-per-view option.
Click here for the webinar: Marketing Is Not a Dirty Word with special guest Amy Seigenthaler, Managing Partner, FINN Partners Southeast
********************
Each week, you see this header: For Your Blog (Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
The links in this ongoing category are meant for use as a springboard for unique articles in your newsletter and/or blog. Some items can be linked to directly, as we do here. Others can serve as a resource for you to cite in your own articles. A client newsletter does not need to be a scholarly essay – correction, SHOULD NOT be scholarly or long!
The main thing it needs to do is get your name/number in front of your previous clients in a manner that says, “I care about you” or “I’m thinking about you.”
It should not convey advertising!
Ideas of things to include: pictures of you engaging in a hobby; pictures of your pet(s); selfies (seriously, selfies sell! but use good discretion – no ‘hold my beer moments’); cost savings reminders; recipes for an inexpensive meal*; local flavor (i.e. Congratulations Pink Armadillos** on The Big Win); gardening tips; offer a discount code for a consultation; easy fitness/exercise/health tips; reminder to change/check car oil/batteries in smoke detectors; share your accolades (this IS a time to brag on yourself); answer questions – (i.e. you received a call from a potential client – put the question and your answer in an article); spotlight different staff members; add a Happy Birthday corner (i.e. Happy Birthday to all July Birthdays – I mean, you are bound to hit someone and if not, nobody knows anyway!).
Click here to share your ideas!
Remember, you can’t simply link to someone else’s work on every item in your newsletter – you MUST write original content!
We would also love to share examples of your newsletter with the group. Click here to upload.
*You cannot ‘steel’ most recipes from online – you MUST cite the source.
**Fill in your local team/athlete.
Additionally, we are providing the below resource – FREE. It is our hope that you can share it with Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.
Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy
“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”
See also:
Critical Case Comment – In re McLemore (Also not password protected.)

What’s It Worth . . . to Your Client . . . on the Open Market?
“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.
I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”

From the United States Trustee
Guidelines for United States Trustee Program Enforcement Related to Bifurcated Chapter 7 Fee Agreements

Practice Tip

From the Courts
- Just the Facts: Consumer Bankruptcy Trends, 2005-2021 (Starts out as a primer on bankruptcy but moves into some interesting numbers if you are a statistics person.)
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
- M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
- S.D. GA – Court has issued General Order 2022-1 in regards to Negative Notice Procedures; Appropriate Use of Negative Notice has also been revised; and Amended General Order 2005-1 has been VACATED.
- C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
- C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
- S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22

Couldn’t make it to NACTT San Francisco?
Get the ENTIRE educational experience for
ONLY $150!
Individual sessions are also available.

Student Loans Chronicles
Planning on What You’ll Do with that Extra 10-20k from Student Loan Forgiveness? You Might Want to Put Some Aside for Tax Day.

Positions Available
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Tennessee – Trusteeship – Application Deadline 9/15/22
- N.D. Indiana – Clerk of Court – Application Deadline 9/15/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

For Your Blog
- Student Loan Forgiveness Applications Could Open Within Weeks – Take these 4 steps now to get ready
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
August 29, 2022
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Archives |

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy
“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”
We are providing this excellent resource to you FREE. It is our hope that you can share it with the Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.
See also:
Critical Case Comment – In re McLemore (Also not password protected.)

An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes
“If you put your ear to the ground, you may hear the rumblings regarding a change to Bankruptcy Rule 3002.1 requiring the institution of a mid-case bankruptcy audit.
This mid-case audit would be like the Notice of Final Cure but would be performed by a trustee’s office in the middle of a pending Chapter 13, rather than at the end, and would still require a response be filed by secured lender.”
See also:
3002.01 Proposed Rule Changes: The Webinar
3002.1 The Dialogue Continues

Critical Case Comment – In the Windfalls Category

Justice Sonia Sotomayor Spoke Out for Debtors. Bankruptcy Judges Listened.
(If you aren’t a subscriber to the National Law Journal, you will have to create an account to read the entire article. They give you one free article per month.)
The Judicial Conference Committee on Rules of Practice and Procedure approved for public comment a proposed amendment to the bankruptcy rules that was in response to a concurring opinion from Sotomayor in City of Chicago v. Fulton.

From the United States Trustee

Practice Tip
The equivalent of a “Reply All” oops! – Attorney’s Group Text Goof Leads to Mistrial (Not bankruptcy related.)

From NCBRC

From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- M.D. AL – As of 10/1/22,new presumptive attorney fee in a chapter 13 case is $4,500
- S.D. GA – Court has issued General Order 2022-1 in regards to Negative Notice Procedures; Appropriate Use of Negative Notice has also been revised; and Amended General Order 2005-1 has been VACATED.
- C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
- C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
- S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
- S.D. GA – 9/1/22 the Honorable Susan D. Barrett will return to holding in-person hearings in the Augusta and Dublin Divisions

Couldn’t make it to NACTT San Francisco?
Get the ENTIRE educational experience for
ONLY $150!
Individual sessions are also available.

Student Loans Chronicles

Positions Available
- C.D. Illinois – Judgeship – Application Deadline 8/29/22
- N.D. New York – Judgeship – Application Deadline 9/6/22
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- N.D. Indiana – Clerk of Court – Application Deadline 9/15/22
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
- N.D. Alabama – Term Law Clerk – Application Deadline 8/31/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

Sanctions and Irony and Fraud, Oh My!
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
August 22, 2022
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Archives |

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

What’s It Worth to You?
“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.
I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”

From the United States Trustee

FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!


From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
- C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
- S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
- S.D. GA – 9/1/22 the Honorable Susan D. Barrett will return to holding in-person hearings in the Augusta and Dublin Divisions

Couldn’t make it to NACTT San Francisco?
Get the ENTIRE educational experience for
ONLY $150!
Individual sessions are also available.

Debt in America: An Interactive Map

Student Loans Chronicles

Positions Available
- C.D. Illinois – Judgeship
- N.D. New York – Judgeship
- N.D. Indiana – Clerk of Court – Application Deadline 9/15/22
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
- N.D. Alabama – Term Law Clerk – Application Deadline 8/31/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22


Sanctions and Irony and Fraud, Oh My!
- CFPB Takes Action Against Hello Digit for Lying to Consumers About Its Automated Savings Algorithm – Fintech’s Algorithm Wrongfully Depleted Checking Accounts, Leading to Overdraft Penalties for Customers
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
August 15, 2022
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Archives |

Put Me in Coach, I’m Ready to Play
The genial, insightful, learned Merideth Akers brings us another installment in our “Staff Corner” series. This series not only applies to Trustees’ offices but is applicable to everyone who manages/employs others.
More from the author:

Critical Case Comment – Be Careful What You Stipulate

Meet New Trustee Brian Tucci

FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!

New Clerk of Court


Positions Available
- C.D. Illinois – Judgeship
- N.D. New York – Judgeship
- D. South Carolina – Chief Deputy Clerk Vacancy
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22

DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
August 8, 2022
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Archives |

Ms. Ps & Qs

Critical Case Comment – How Many Cats?

Meet a Brand Spankin’ New Trustee

FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!

Sub V
A Guide to the Small Business Reorganization Act of 2019


Positions Available
- C.D. Illinois – Judgeship
- N.D. New York – Judgeship
- D. South Carolina – Chief Deputy Clerk Vacancy
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22

Sanctions and Irony and Fraud, Oh My!
- WA Rancher Admits ‘Ghost-Cattle’ Scam (Spoiler alert – the cows are not wearing bedsheets.)
- Easterday Creditors to Get $11 Million (Same case as above – this article is part 2)

IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
August 1, 2022
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Archives |

Think Beyond the Means Test

Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA
So many click bait phrases – Bad Faith, Ms. Debtor, Bad Faith; Creditor Attorneys, Pay Attention; Debtor Attorneys Beware – As Attorney Moran points out in Think Beyond the Means Test, being a bankruptcy lawyer takes much more than just filling out forms.
Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith.
Not a subscriber? Use THIS invoice for a discounted subscription.

WE LOVE AND WILL MISS YOU, HELEN
Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year.
Over the years, Helen has taught us valuable lessons while entertaining us along the way. Below are many of her articles – ENJOY!
- Debtor Math (Regina’s personal favorite! And for you young’uns who have never seen this “debtor math” video, take two minutes to watch – you will never forget it!)

FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low cost things you can do right now!

Sub V
A Guide to the Small Business Reorganization Act of 2019

From the CFPB
- CFPB Issues Advisory Opinion Regarding Convenience Fees – Opinion states its view that FDCPA prohibits debt collectors from collecting any amount, including convenience or pay-to-pay fees, unless expressly authorized by the agreement creating the debt or permitted by law.
- CFPB Publishes Analysis of Potential Impacts of Medical Debt Credit Reporting Changes – Removing Paid Collections Will Have Limited Benefit Across Consumer Groups

From the Courts
- Timeline Highlights Evolution of Judicial Conference (Article also explains WHAT the Judicial Conference is.)
- D. S.C. – Jeff Davis selected as Clerk of Court
- D. S.C. – Common Chambers Guidelines

From NCBRC

Positions Available
- D. South Carolina – Chief Deputy Clerk Vacancy
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22


Sanctions and Irony and Fraud, Oh My!
- CFPB Fines U.S. Bank $37.5 Million for Illegally Exploiting Personal Data to Open Sham Accounts for Unsuspecting Customers – The bank pressured employees to sell, leading them to access credit reports and open accounts without permission
- CFPB, DOJ Order Trident Mortgage Company to Pay More Than $22 Million for Deliberate Discrimination Against Minority Families – Settlement is the first government resolution involving illegal redlining by a nonbank mortgage lender
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
July 25, 2022
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Archives |

Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy

Critical Case Comment – Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.

Marketing Resources
Save the Date –August 26th 2:00 Eastern
– FREE Webinar –
“Marketing is Not a Dirty Word”
Below are a few marketing resources:
Webinar – Are You a Lawyer or a Marketer? How to be Both
Articles:
- Are Monthly Newsletters to Clients Beneficial? Heck Yeah!
- 4 Reasons to Keep Time Records No One Discusses
- Tell the Story
- 6 Steps to Ethical Unbundling of Bankruptcy Representation
Not a subscriber? Use THIS invoice for a discounted subscription.

New from Max

Sub V
A Guide to the Small Business Reorganization Act of 2019

From NCBRC

Student Loans Chronicles

For Your Blog
- Understanding How the IRS Contacts Taxpayers; Avoiding Scams and How to Know It’s Really the IRS Reaching Out (Scammers have gotten very good at impersonating IRS Agents – see also: IRS warning that scam artists once again posing as tax agency to rip off Americans)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
SUB V (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
July 18, 2022
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Archives |

4 Reasons to Keep Time Records No One Discusses
“Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. . . .What a mistake.Penny-wise and pound-foolish, in my view. Here are my big four reasons why.”
See also:
Tell the Story

Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Mortgage Escrow
AND, there are two webinars:
Demystifying Mortgage Escrow – In Escrow Analysis 101, Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation.
Escrow Analysis Beyond the Basics – A continuation of Demystifying Mortgage Escrow, this resource drills down beyond the basics and analyzes common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes and answer viewer questions.
During the Mortgage Committee Meeting in San Francisco, Judge Keith Lundin mentioned a series of articles from last year by McCalla Raymer’s Michael McCormick.
These articles alone are worth the annual cost of subscribing to ConsiderChapter13.org. If you – or your employees – are still confused about escrow, here are the answers! And thank you Mike!!
Escrow 101 – Part 2 of 3 – The Escrow Analysis
Escrow 101 – Part 3 of 3 – Frequently Asked Questions
Escrow 102 – Part 2 of 4 – The History of Escrow Treatment in Bankruptcy
Escrow 102 – Part 3 of 4 – Official Form 410A1
Escrow 102 – Part 4 of 4 – The Shortage-Only Arrears Claim
Not a subscriber? Use THIS invoice for a discounted subscription.

From the CFPB


In the Tech Department

Positions Available
- S.D. Florida – Judgeship
- E.D. Kentucky – Judicial Law Clerk – Application deadline 8/15
- IRS Hiring 470 Revenue Agents – Special virtual sessions coming up for those interested in compliance positions


From the Courts
- S.D. NY – Two new judges appointed – Read the Press Release for John P. Mastando III here, and the Press Release for Philip Bentley here.
- N.D. Ohio – Judge Arthur I. Harris Has Announced Retirement
- N.D. Ohio – The Honorable Judge Russ Kendig to Retire

Sanctions and Irony and Fraud, Oh My!
- Federal Regulators Fine Bank of America $225 Million Over Botched Disbursement of State Unemployment Benefits at Height of Pandemic – Bank Left Struggling Americans in the Lurch by Wrongfully Freezing Accounts
- HOA Sues Couple Over Feeding the Ducks in Texas – Lawsuit is seeking up to $250,000
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
July 11, 2022
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Archives |

Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

Critical Case Comment – Pay the TAXES!

You only thought you were finished hearing about NACTT’s annual conference for the year . . .
During the Mortgage Committee Meeting in San Francisco, Judge Keith Lundin mentioned a series of articles from last year by McCalla Raymer’s Michael McCormick.
These articles alone are with the annual cost of subscribing to ConsiderChapter13.org. If you – or your employees – are still confused about escrow, here are the answers! And thank you Mike!!
Escrow 101 – Part 2 of 3 – The Escrow Analysis
Escrow 101 – Part 3 of 3 – Frequently Asked Questions
Escrow 102 – Part 2 of 4 – The History of Escrow Treatment in Bankruptcy
Escrow 102 – Part 3 of 4 – Official Form 410A1
Escrow 102 – Part 4 of 4 – The Shortage-Only Arrears Claim

From the CFPB

From NCBRC

Student Loans Chronicles

Positions Available
- S.D. Florida – Judgeship
- E.D. Kentucky – Judicial Law Clerk – Application deadline 8/15

From the Courts
- S.D. NY – Two new judges appointed – Read the Press Release for John P. Mastando III here, and the Press Release for Philip Bentley here.
- N.D. Ohio – Judge Arthur I. Harris Has Announced Retirement
- N.D. Ohio – The Honorable Judge Russ Kendig to Retire

Sanctions and Irony and Fraud, Oh My!
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
FOR YOUR HEALTH (Not password protected)
July 4, 2022
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Archives |
![]() |
Happy Birthday, America Let Freedom Ring! |
If you are like me, it is unbelievable that it is JULY 2022! But here we are. As with other federal holidays (plus NACTT’s annual seminar this week), we bring you an abbreviated update. RL

How to Build and Strengthen Your Chapter 13 Debtor Practice
As a gift to all of our readers, we give this resource not password protected.
“In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice.”

One comment regarding this series: “Mark, your articles on how to stop leaving money on the table are OUTSTANDING. Thank you for sharing your experiences. I learned a great deal, and I’m sure the debtors’ bar will appreciate the suggestions for work during these sluggish times.”
How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).
This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.
**Special offer for those who read the fine print. Not a subscriber but want these articles? Click here for a discounted subscription rate.

Very popular from last week . . .
The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property
New author. New topic.
“. . . we can dismiss your case and refile and include this new post-petition medical debt. . . . it is only then that you are hit with the big red “THOU SHALL NOT PASS” sign. In fine print below it states ‘11 U.S.C. 109(g)(2)’.”

He signed the Bill!!!
Bankruptcy Threshold Adjustment and Technical Corrections Act
Hank Hildebrand expounds on S. 3823, which was signed by the President on 6/21. This Act increases the eligibility for Chapter 13 debtors to $2,750,000, while eliminating the distinction between secured and unsecured debt for two years.
- Official Form 101, Voluntary Petition for Individuals (revises line 13 – The Act reinstates the definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11 that was in effect from March 27, 2020 through March 27, 2022, under the CARES Act, as amended)

Lots out of the CFPB this week . . .
From the CFPB
- CFPB Moves to Reduce Junk Fees Charged by Debt Collectors – Advisory opinion explains that most “pay-to-pay” fees charged by debt collectors violate federal law
- CFPB Affirms Ability for States to Police Credit Reporting Markets – The Fair Credit Reporting Act does not stop states from enacting laws to tackle credit reporting problems related to medical debt, tenant screening, and other consumer risks
- CFPB Rescinds Special Regulatory Treatment for Payactiv (San Jose based financial services co.)

Positions Available
- S.D. Florida – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- D. South Carolina – Clerk of Court Vacancy

From the Courts
- S.D. NY – Bankruptcy Judges Shelley C. Chapman and Robert D. Drain Recalled
- N.D. IL – New Local and Model Forms
- D. SC – Welcome Judge Gasparini
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.

Sanctions and Irony and Fraud, Oh My!
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
June 27, 2022
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Archives |

The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property
New author. New topic.
“. . . we can dismiss your case and refile and include this new post-petition medical debt. . . . it is only then that you are hit with the big red “THOU SHALL NOT PASS” sign. In fine print below it states ‘11 U.S.C. 109(g)(2)’.”

He signed the Bill!!!
Bankruptcy Threshold Adjustment and Technical Corrections Act
Hank Hildebrand expounds on S. 3823, which was signed by the President on 6/21. This Act increases the eligibility for Chapter 13 debtors to $2,750,000, while eliminating the distinction between secured and unsecured debt for two years.
- Official Form 101, Voluntary Petition for Individuals (revises line 13 – The Act reinstates the definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11 that was in effect from March 27, 2020 through March 27, 2022, under the CARES Act, as amended)

Consumers Are Consuming Cash at an Unsustainable Rate
From one of our favorite authors, a look at the statistics of spending in the US.
“If consumers continue to withdraw cash at the present rate, savings will be depleted by Sept.
2022.”

Critical Case Comment – Pre-Confirmation Payments



From the CFPB

From the U.S. Bankruptcy Court for the District of South Carolina

Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- D. South Carolina – Term Law Clerk
-
-
- The Bankruptcy Court for the District of South Carolina announced that Laura A. Austin has been selected as the new Clerk of Court for the U.S. District Court for the Western District of Virginia in Roanoke, effective August 15, 2022. “Laura has provided excellent service to our Court since 2013. We wish her well in her new position.” A resulting vacancy announcement for the position of Clerk of Court is found here. Candidates should submit their applications on or before July 5, 2022.
-

From the Courts
- N.D. NY – Pursuant to Administrative Order 22-04, the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys is no longer required to be filed.
- S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.


In Case You Missed It . . .
Best Practices in Bankruptcy: Power of Attorney or Guardian
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
June 20, 2022
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Archives |
In honor of our newest federal holiday,
we bring an abbreviated update.
Go out and celebrate FREEDOM!!

United States Trustee Guidelines for Enforcement Related to Bifurcated Chapter 7 Fee Agreements
On June 10, 2022, the Acting Director for United States Trustee Program announced Guidelines for the United States Trustees’ enforcement of bifurcated Chapter 7 fee agreements. Click here for Guidelines
See also: Bifurcated Fees Under Examination By Wm. Houston Brown (Password Protected)

Till Interest Rate Change
Wall Street Banks Raise Prime Rates to Match Fed’s Hike – U.S. banks JPMorgan Chase & Co, Citigroup Inc and Wells Fargo & Co said on Wednesday they had raised their prime lending rates by 75 basis points to 4.75%, effective Thursday, matching the Federal Reserve’s rate hike earlier in the day.
See also:

Critical Case Comment – Siegel v. Fitzgerald
Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution.
See also:
Siegel v. Fitzgerald – U.S. Trustee Fee Unconstitutional

If you haven’t read this series, today is the perfect time to do it.
How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).
This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.

From NCBRC
WeeerrreeeBaaaack!
NACTT is back!
Live registration numbers are back to pre-pandemic levels.
Don’t miss out.
Great educational experience, CLE, AND, hey, it’s
SAN FRANCISCO!!!!!


Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- N.D. Ohio – Automation Specialist
- D. South Carolina – Term Law Clerk
- N.D. Mississippi – Term Law Clerk

From the Courts
- S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
June 13, 2022
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Archives |

Best Practices in Bankruptcy: Power of Attorney or Guardian
Another excellent resource for your everyday practice.
“It is always troublesome when an individual bankruptcy petition is filed by power of attorney. . . . More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power of attorney . . . . What sort of inquiry is necessary and proper in those cases?”

Bankruptcy Threshold Adjustment andTechnical Corrections Act
Hank Hildebrand expounds on S. 3823, which is awaiting the President’s signature. Congress has passed this legislation that would increase the eligibility for Chapter 13 debtors, at the same time eliminating the distinction between secured and unsecured debt.
S. 3823: Bankruptcy Threshold Adjustment and Technical Corrections Act

Hot Off the Press and NOT Password Protected
Siegel v. Fitzgerald – U.S. Trustee Fee Unconstitutional

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).
This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.

Critical Case Comment – The Not DSO POC/Arbitration Language
We are re-running this one because “The Not DSO POC” may not have been a good description of this case. This case has many levels of application in Chapter 13 cases particularly specific arbitration language.
The bankruptcy rights of an ex-member of an unmarried domestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment.

From the CFPB
- Nifty Mortgage Servicing Coverage Chart – This chart summarizes rules in effect as of April 19, 2018

Reminder

From NCBRC

WeeerrreeeBaaaack!
NACTT is back!
Live registration numbers are back to pre-pandemic levels.
Don’t miss out. Be there or be square!!
Great educational experience, CLE, AND, hey, it’s
SAN FRANCISCO!!!!!

Student Loans Chronicles

Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- N.D. Ohio – Automation Specialist
- D. South Carolina – Term Law Clerk
- N.D. Mississippi – Term Law Clerk

From the Courts
- S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.

Sanctions and Irony and Fraud, Oh My!
- Embattled San Antonio Lawyer Files Huge Bankruptcy Case (May be password protected – sorry)
- Former Augusta Man Sentenced to Prison for Multi-Million-Dollar Scheme to Defraud a Mortgage Lender – Defendant also lied during bankruptcy hearing
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
June 5, 2022
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Archives |

How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation
Mark Leffler, of the Boleman Law Firm in Virginia, and President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org), continues his series describing his firm’s development of a broader practice on behalf of consumer debtors.

Critical Case Comment – The Not DSO POC

From the CFPB

Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- N.D. Ohio – Automation Specialist
- D. South Carolina – Term Law Clerk
- N.D. Mississippi – Term Law Clerk

From the Courts

Sanctions and Irony and Fraud, Oh My!
- Abingdon Man Sentenced on Bankruptcy Fraud Charge – Defendant Hid Valuable Assets While Spending Large Sums at Casino

OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
May 30, 2022
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Archives |
![]() |
In observance of Memorial Day and so Academy staff may spend time with friends and family, we bring you an abbreviated update. |

Critical Case Comment – 3002.1 and Reverse Mortgages (from 1/23/22)

Highest Award Given to Civilians in South Carolina

Critical Case Comment – Nonbankruptcy Lawyers MUST Check PACER (from 5/15/22)
We are offering this Critical Case Comment NOT PASSWORD PROTECTED so you can share with your nonbankruptcy colleagues. It is important that particularly personal injury attorneys understand the importance of following the Bankruptcy Code.
PLEASE SHARE!!
It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is conversion of property of the estate. (Sawyer) In re McLemore, 2022 WL 362915 (Bankr. M.D. Ala. February 7, 2022)

A very popular item from 1/9/22. Another Judge Waites decision.
Do I Really Have to Tell the Trustee About Newly Acquired Assets?

New Reverse Mortgage Resource from NCLC
Here is a short issue brief on how Homeowner Assistance Funds should be usable by RM borrowers to cure property charge defaults. Note the discussion telling RM borrowers and heirs to request the “COVID-19 HECM Extension period.” This is the equivalent of a forbearance, and very few reverse mortgage borrowers in default have ever requested it (because they don’t understand they should). It gives 6 months of foreclosure pause, extendable for another 6 months if extended before the end of the presidentially declared disaster period.
The key in most reverse mortgage foreclosure cases is escalating with either the servicer or with the National Servicing Center, or both. If you email me (Sarah Bolling Mancini smancini@nclc.org) or Odette Williamson, we are always happy to help escalate a reverse mortgage case (and/or to chat about options) any time.
NCLC also has a reverse mortgage list serv. To request to join, go here. By adding yourself to the listserv, you have access to an entire reverse mortgage litigation toolkit – free.


Make your plans NOW!!!!!
Plenaries Include:
- Enforcement of Court Orders and Rules: Does Contempt Power Exist in the Bankruptcy Court?
- Ethical Implications of Remote Lawyering Post-Pandemic
- Virtual Court Hearings: Maximizing the Benefits and Avoiding the Pitfalls
- Windfalls: Who Gets Postpetition Property or Appreciated Values?
- Conversion from Chapter 7 to 13: Issues to be Considered Before Conversion
- Student Loans: Where is Litigation Headed and What is Happening in the Department of Education?
- No Cure After 60 Months: Judicial Splits on Debtor’s Ability to Cure After Plan Term Expires
- Dismissals with Prejudice: When Appropriate and What Conditions Apply?
- The Future of Consumer Bankruptcy: When Will Consumer Filings Increase or Will They?
- Chapter 13 Case Law Update – 2.5 HOURS!!

Positions Available
- N.D. Mississippi – Term Law Clerk

New Reverse Mortgage Resource from NCLC

Free Webinar
U.S. District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents: Federal Subpoena Practice: Strategy, Substance and Procedure
Tuesday, June 7, 2022 – 12:30 – 2:00 pm – Virtual Webinar
While we realize it would be rare for consumer bankruptcy attorneys/trustees to have need of federal subpoenas, it could happen so wanted you to have the information on this free resource.

From the Courts
- S.D. Florida – Administrative Order 2022-02 Amendment of Local Rules 7004-2, 7016-1, 7026-1(A), 7026-1(B), and 7090-1, to Reflect Amendments to Orders Used in Adversary Proceedings. [effective June 6, 2022]
- S.D. Florida – Administrative Order 2022-03 Amendment of Local Rule 5005-1 to Reflect Requirement for Submission of Electronically Filed Documents in Text-Searchable PDF Format. [effective May 26, 2022]
- NC – NCHousing Finance Agency Now Requires Court Approval – To participate in the NC Homeowner Assistance Fund, applicants in bankruptcy must obtain approval from the Court or Trustee. While NC Homeowner Assistance Fund understands that this is not typically a condition of bankruptcy proceedings, the NCHAF was informed by mortgage loan servicers and other eligible payees that such approval must accompany the program’s payment on the applicant’s behalf in order for the payee to accept and apply payment to the applicant’s account(s).

Sanctions and Irony and Fraud, Oh My!

For Your Blog

In Case You Missed It . . .
Critical Case Comment – Reverse Mortgage May be Modified
MORTGAGES AND DEEDS OF TRUST (Not password protected)
May 23, 2022
|
Archives |

Critical Case Comment – Reverse Mortgage May be Modified

Bifurcated Fees Under Examination


New Reverse Mortgage Resource from NCLC
Here is a short issue brief on how Homeowner Assistance Funds should be usable by RM borrowers to cure property charge defaults. Note the discussion in there of telling RM borrowers and heirs to request the “COVID-19 HECM Extension period.” this is the equivalent of a forbearance, and very few reverse mortgage borrowers in default have ever requested it (because they don’t understand they should). It gives 6 months of foreclosure pause, extendable for another 6 months if extended before the end of the presidentially declared disaster period.
The key in most reverse mortgage foreclosure cases is escalating with either the servicer or with the National Servicing Center, or both. If you email me (Sarah Bolling Mancini smancini@nclc.org) or Odette Williamson, we are always happy to help escalate a reverse mortgage case (and/or to chat about options) any time.
NCLC also has a reverse mortgage list serv. To request to join, go here. By adding yourself to the listserv, you have access to an entire reverse mortgage litigation toolkit – free.

Updated Means Test Information

From the CFPB
- CFPB Releases Report on Mortgage Servicing Metrics
- Click here for actual report
- CFPB Bolsters Enforcement Efforts by States – Interpretive Rule Seeks to Clarify Scope of States’ Ability to Enforce Federal Consumer Financial Protection Laws

From NCBRC
Still time to make your plans!!!!!
Another session of note is a plenary by the ever popular, energetic and entertaining Nancy B. Rapoport, UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, Boyd School of Law, University of Nevada (Las Vegas) entitled:
Ethical Implications of Remote Lawyering Post-Pandemic
See also a free article in the news on topic:

Positions Available
- N.D. Mississippi – Term Law Clerk

New From Epiq
A Guide to Changes in Bankruptcy Compliance
This new guide covers relevant changes and amendments from the past few years, plus new and recent considerations still on the horizon related to bankruptcy and consumer finance. Mitigate risk by staying informed and compliant in this rapidly changing landscape.

Free Webinar
U.S. District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents: Federal Subpoena Practice: Strategy, Substance and Procedure
Tuesday, June 7, 2022 – 12:30 – 2:00 pm – Virtual Webinar
While we realize it would be rare for consumer bankruptcy attorneys/trustees to have need of federal subpoenas, it could happen so wanted you to have the information on this free resource.

From the Courts
- NC – NC Housing Finance Agency Now Requires Court Approval – To participate in the NC Homeowner Assistance Fund, applicants in bankruptcy must obtain approval from the Court or Trustee. While NC Homeowner Assistance Fund understands that this is not typically a condition of bankruptcy proceedings, the NCHAF was informed by mortgage loan servicers and other eligible payees that such approval must accompany the program’s payment on the applicant’s behalf in order for the payee to accept and apply payment to the applicant’s account(s).
- S.D. AL – Beginning 5/16 proposed orders should be submitted through the E-Orders program. The old email addresses will be turned off at the end of May. Please visit the Submitting Proposed Orders page for additional details, such as document requirements and training aids. E-Orders help desk – (251) 436-5445.

Sanctions and Irony and Fraud, Oh My!

For Your Blog

In Case You Missed It . . .
Critical Case Comment – $67k Windfall to Debtors. Fraudulent??
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
May 16, 2022
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Archives |

Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC

Ms. Ps & Qs

Critical Case Comment
It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is conversion of property of the estate.
See also: Is Nunc Pro Tunc Really Sunk?

Updated Means Test Information
DISCOUNTED REGISTRATION ENDS TODAY (5/16)
Another panel of note is Conversions from 7 to 13. This panel will examine things to be considered prior to conversion. Judge on the panel is The Honorable Charles Novack, Chief Judge N.D. of CA. Prior to his appointment as Judge, he was in private practice in consumer bankruptcy law. Rounding out the panel is Dynele Schinker-Kuharich, Leslie Gladstone and Jill Olsen.
REGISTER NOW!!

Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of South Carolina – Term Law Clerk – Application deadline 5/15

From the Courts

Sanctions and Irony and Fraud, Oh My!
- Caliber Sues CrossCountry After 80 Employees Left for Rival – Caliber claims the departed employees produced more than $2.3 billion in mortgages per year

For Your Blog
- Consumer Advisory: Don’t give money or information to scammers promising student loan forgiveness
- Billions in Federal Rental Assistance Is Still Available – Here’s what struggling renters need to know

In Case You Missed It . . .
Game Stop: Dismissals with Prejudice
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB CHAPTER V (Not password protected)
FOR YOUR HEALTH (Not password protected)
May 9, 2022
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Archives |

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001
Mark Leffler, of the Boleman Law Firm in Virginia, who is also the current President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org), begin a series describing his firm’s development of a broader practice on behalf of consumer debtors.
Click here for Part 1 – Looking at Bankruptcy Cases Differently

Game Stop: Dismissals with Prejudice
HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!
In a follow-up to our well wishes to George Stevenson and Hank Hildebrand for FORTY years as Standing Chapter 13 Trustees, we are pleased to bring you a “how I got my start” from each of them.
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How I Got StartedGeorge Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis) |
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The Day the Music DiedHank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) |

Meet the Acting Director Ramona Elliott
Click here for Press Release
Click here for Other Information

Updated Means Test Information
DISCOUNTED REGISTRATION EXTENDED TO MAY 16th
Enforcement of Court Orders and Rules: Does Contempt Power Exist in the Bankruptcy Court is a Not-to-Miss panel.
On this panel, we are pleased to feature The Honorable Craig A. Gargotta, Chief United States Bankruptcy Judge for the Western District of Texas in San Antonio. Judge Gargotta practices what he preaches (article is behind a paywall). Judge Gargotta jailed a longtime accountant for failure to pay $7,500 in sanctions. Carl Merkle, who calls himself God’s Fraud Auditor, has been incarcerated since December 6th. This panel, moderated by the ever popular Martha Bronitsky, Standing Trustee in Oakland, CA, is enhanced by The Honorable William Lafferty, United States Bankruptcy Judge for the Northern District of California in San Francisco.
REGISTER NOW!!

Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of South Carolina – Term Law Clerk – Application deadline 5/15

From NCBRC

Study of Interest
Consumer Bankruptcy, Mortgage Default and Labor Supply
We specify and estimate a lifecycle model of consumption, housing demand and labor supply in an environment where individuals may file for bankruptcy or default on their mortgage. Uncertainty in the model is driven by house price shocks, {education specific} productivity shocks, and catastrophic consumption events, while bankruptcy is governed by the basic institutional framework in the US as implied by Chapter 7 and Chapter 13. The model is estimated using micro data on credit reports and mortgages combined with data from the American Community Survey. We use the model to understand the relative importance of the two chapters (7 and 13) for each of our two education groups that differ in both preferences and wage profiles. We also provide an evaluation of the BACPCA reform. Our paper demonstrates importance of distributional effects of Bankruptcy policy.


From the IRS
Work Opportunity Tax Credit – This could apply to you or your small business clients.
The work opportunity tax credit is a federal tax credit available to employers for hiring individuals from certain target groups who have consistently faced significant barriers to employment. This one- time credit is available for wages paid to certain individuals who begin work on or before December 31, 2025 – $2,400 per employee.

From the Courts

Sanctions and Irony and Fraud, Oh My!

For Your Blog
- Billions in Federal Rental Assistance Is Still Available – Here’s what struggling renters need to know

In Case You Missed It . . .
Special Counsel 101: Getting Paid and Protecting Clients
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB CHAPTER V (Not password protected)
FOR YOUR HEALTH (Not password protected)
May 2, 2022
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Archives |
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She’s baaaaack. . .
This has been a very difficult month. As reported on the 18th, my sweet, wonderful, husband passed away. I want to thank everyone for your thoughts, prayers, hugs, well-wishes, flowers, cards, and overall love. I also want to specifically thank Bill Brown, Mark Leffler and all those who picked up my slack throughout the entire ordeal and continued to get the weekly updates out. With much love, appreciation, and gratefulness, |

The Complex World of Interspousal Claims in Bankruptcy
“. . . One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce.”
Another excellent piece relevant to your day to day practice.

Special Counsel 101: Getting Paid and Protecting Clients
HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!
On May 1st just forty short years ago, both Hank and George were appointed as Standing Chapter 13 Trustees.
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George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis) | |
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Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) |

Judges Appointed
Judge Jason A. Burgess and Judge Tiffany Geyer Sworn in as Middle District of Florida Bankruptcy Judges


Passing of Judge Thomas R. Cornish
Thomas Robert Cornish, retired United States Bankruptcy Judge for the Eastern District of Oklahoma, passed away on February 2, 2022.

Positions Available
- CFPB Multiple Attorney/Supervisory Openings – Application deadlines 5/5 and 5/6
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19

From NCBRC

From the Courts

Sanctions and Irony and Fraud, Oh My!
- CFPB Obtains Ban Against Debt Relief CEO Daniel Crenshaw – Crenshaw collected nearly $10.5 million in unlawful fees

For Your Blog
Understanding Taxpayer Rights: The right to challenge the IRS’s position and be heard

In Case You Missed It . . .
Cui Pro Bono?

OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)