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March 30, 2020
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In these trying times, this week’s update is offered with NO passwords. Every attempt has been made to provide you with the most accurate, up to date, COVID-19 information regarding consumer bankruptcy. |
Covid-19 and the 7 Year Plan
A small part of the “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.(Attention non-Academy subscribers: this is an excellent example of the type of password protected information you will have access to EVERY SINGLE WEEK with your subscription. Click here to subscribe.
Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)
CARES Act Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 and Other Changes(Another example of a normally password protected item)
From the UST – Means Test Numbers Change April 1st – No Fooling
From the National Consumer Law Center
Really good comprehensive information you need on consumer protection in one place:
Major Consumer Protections Announced in Response to COVID-19 – NCLC is updating this page on a regular basis.
COVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.
NCLC is also offering free access to the digital edition of Surviving Debt: Expert Advice For Getting Out of Financial Trouble, NCLC’s most comprehensive guide to navigating debt for consumers and consumer advocates. ***When you click the link, look at the Table of Contents on the left – continue to click on the chapter you want and it will open.***
Where to Find Coronavirus Eviction and Utility Shutoff Rules for Your State
Car Payment Relief
Foreclosure Actions Suspended
The ‘fine print’ so far (although there are still unanswered questions):Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency – The purpose of this Mortgagee Letter is to inform mortgagees of a foreclosure and eviction moratorium for all FHA-insured Single Family mortgages for a period of 60 days (effective until May 18, 2020)
- Click here for the Servicer version of the above letter.
Fannie Mae Letter to Servicers – “Servicers must suspend all foreclosure sales for the next 60 days. . . . does not apply to mortgage loans on properties that have been determined to be vacant or abandoned.”
Freddie Mac Announces Enhanced Relief for Borrowers Impacted by COVID-19 – “Forbearance plans provide borrowers with payment relief for up to 12-months and suspend borrower late charges and penalties. It also suspends reporting to credit bureaus of past due payments of borrowers who are in a forbearance plan as a result of hardships attributable to this national emergency.”
From the VA and the USDA – VA and USDA ‘strongly encourages’ its servicers . . .
Maryland Court of Appeals – Administrative Order on Foreclosures, Evictions, and Other Ejectments Involving Residences
New York Waives Mortgage Payments for 90 Days Based on Hardship
Eviction Action Suspended
From the IRS
IRS Unveils New People First Initiative; COVID-19 Effort Temporarily Adjusts, Suspends Key Compliance Program
The article is fairly long so here are a few highlights:Existing Installment Agreements – Payments due between April 1 and July 15, 2020 are suspended. . . . , the IRS will not default any Installment Agreements during this period. Interest will continue to accrue.
Offers in Compromise (OIC) –
- Pending OIC applications – Taxpayers have until July 15 to provide requested additional information to support a pending OIC. In addition, the IRS will not close any pending OIC request before July 15, 2020, without the taxpayer’s consent.
- OIC Payments – Taxpayers have the option of suspending all payments until July 15, 2020 – interest will continue to accrue.
- Delinquent Return Filings – IRS will not default an OIC for those who are delinquent in filing their tax return for 2018. However, taxpayers should file any delinquent 2018 return (and their 2019 return) on or before July 15, 2020.
Field Collection Activities – Liens and levies (including any seizures of a personal residence) initiated by field revenue officers will be suspended during this period. However, field revenue officers will continue to pursue high-income non-filers….
Automated Liens and Levies – New automatic, systemic liens and levies will be suspended during this period.
Private Debt Collection – New delinquent accounts will not be forwarded to private collection agencies during this period.
Click here for more on: Independent Office of Appeals and Statute of Limitations
Practitioner Priority Service – . . . there may be more significant wait times for the PPS.
From the Courts
- The United States Courts has created this web page which may be a site you check on a regular basis.
- …“TO ENSURE THE QUALITY OF THE RECORD, THE USE OF SPEAKERPHONES, BLUETOOTH DEVICES, AND CELL PHONES ARE PROHIBITED – although we only saw this on one Court’s website, it is an excellent best practices guide.
- District of Arizona Bankruptcy Court: NextGen Go-Live Date Postponed to June 15, 2020
- District of New Jersey Bankruptcy Court – Notice Implementing Electronic Proof of Claim Filings Through ePOC Module – Parties using this module can file proofs of claim without a PACER login and without creating a PDF proof of claim form.
- Western District of Virginia NON-CORONAVIRUS – NextGen – Are you ready? CM/ECF will be unavailable from noon on Friday, March 27th through Sunday, March 29th
NACTT SAN DIEGO
Registration Deadline ExtendedIn light of the current national pandemic the NACTT is extending the early registration deadline for the NACTT Annual Seminar to be held in July in Sunny San Diego to May 1st.While we are hopeful the pandemic will be resolved and life returns to normal soon with the Annual Seminar proceeding, we will continue to monitor the situation and will advise our members, sponsors and exhibitors if there is a change as soon as possible. In the meantime, on behalf of the NACTT please stay safe and healthy.Mary Viegelahn, NACTT Vice President & Program Chair
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REGISTER NOW to attend the NACTT annual conference in San Diego, CA, July 9-11.
Check out this great program!!!!
Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.
From the CFPB
5th Cir. Holds CFPB Structure is Constitutional
For Your Blog
Probably the most important thing you can share on your blog is that struggling consumers need to contact their creditors and/or you – sooner rather than later.
FOR THE TECH UNSAVVY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
OCCUPYING TEENS AND TWEENS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 23, 2020
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Archives |
Chapter 13 Practice in the Time of COVID-19
No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1
There’s Always A Car
Foreclosure Actions Suspended
(As of “press time” we at the Academy could not locate any official rules or ‘fine print’ regarding the below. We will continue to watch for that information. However, see From the Courts below.)
- Fannie Mae, Freddie Mac, HUD Suspending All Foreclosures and Evictions – Foreclosure moratorium will last for 60 days
- HUD, Fannie, Freddie Suspend Foreclosures, Evictions During Outbreak – FHFA Director Mark Calabria said the suspension “allows homeowners with an enterprise-backed mortgage to stay in their homes during this national emergency.”
- Mortgage Lenders Consider Plan to Suspend Payments Amid Crisis – Officials in the industry are forming a plan to let Americans hurt by the coronavirus temporarily stop making loan payments.
- Some Homeowners and Renters Will Get a Financial Break During Coronavirus Pandemic – Department of Housing and Urban Development, Fannie Mae and Freddie Mac have suspended evictions to curb the financial impact of coronavirus pandemic
From the National Consumer Law Center
From the Courts
(We have not attempted to list every notice from every bankruptcy district; however, we have tried to list those that may be of interest to national creditors, any notice that seems ‘out of the norm’ from what most courts are doing, and notices that apply to the entire country.)
- The United States Courts has created this web page which may be a site you check on a regular basis.
- District of New Jersey Bankruptcy Court – Notice Implementing Electronic Proof of Claim Filings Through ePOC Module – Parties using this module can file proofs of claim without a PACER login and without creating a PDF proof of claim form.
- We draw your attention to this Notice as a reminder that not all courts are doing things the same way. In the District of South Carolina for hearings you must request to appear by telephone/video conference . . . District of South Carolina Bankruptcy Court
- Northern District of Georgia and perhaps other districts – Public Notice Regarding Telephonic Hearing Disclaimer – Applies to Courts using AT&T for teleconferencing
- Similar notices were on several court’s websites. This is posted as an example: Suspension of Attorney Requirement to Obtain Debtor’s Original Signature
- Southern District of Florida – Establishment of Procedures for Admission of Direct Evidence Through Declarations or Affidavits
- District of Nevada – Extension of Certain Deadlines
- Southern District of Florida – Order Regarding Certain Deadlines
- Western District of Virginia NON-CORONAVIRUS – NextGen – Are you ready? CM/ECF will be unavailable from noon on Friday, March 27th through Sunday, March 29th
NACTT SAN DIEGO
REGISTER NOW (March 30th is the discount deadline) to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.
Check out this great program!!!!
Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.
Student Loan Chronicles
- Should Feds Make Students’ Loan Payments During Crisis? As Congress considers giving many Americans a $2,000 payment to stimulate the economy, advocates are pushing for more help for those with student loans.
Sanctions and Irony and Fraud, Oh My!
Debtor Attorney Sanctioned for Inadequate Investigation Prior to Emergency Filing
For Your Blog
Coronavirus Stockpiling: Don’t waste your money on these items, according to a pandemic planner
IN CASE YOU MISSED IT . . .
Ask Ms. Ps & Qs
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
NON-CORONAVIRUS HEALTHCARE IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 16, 2020
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Archives |
In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation
Ask Ms. Ps & Qs
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
From the National Consumer Law Center
NCLC Sues Over Illegal Debt Collection Activity
From the UST
Vacancy Announcement of Chapter 13 Standing Trustee
Application due date: March 27, 2020
NACTT SAN DIEGO
REGISTER NOW (March 30th is the discount deadline) to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.
Check out this great program!!!!
Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.
Student Loan Chronicles
- Popular from last week: Rosenberg . . .Student Loan Servicer Appeals Bankruptcy Court’s Decision to Discharge Student Loan Debt
Sanctions and Irony and Fraud, Oh My!
For Your Blog
- Taxpayers should be aware that aggressive criminals pose as IRS agents in hopes of stealing money or personal information in phone scams. Here are some tell-tale signs of a tax scam. The IRS will never:
- Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer.
- Threaten to immediately bring in local police to have taxpayer arrested for not paying.
- Demand taxes be paid without giving taxpayers the opportunity to question or appeal the amount owed.
- Call out of the blue about an unexpected tax refund.
- Taxpayers who receive these phone calls should: Hang up the phone immediately.
IN CASE YOU MISSED IT . . .
Meet Another New Trustee
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)
FOR YOUR HEALTH (Not password protected)
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March 9, 2020
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Archives |
Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum
Whenever staff attorneys or other staff members for Chapter 13 trustees learn about the (moderately) affordable Income Driven Repayment plans for student loans the first thing they ask is whether their job qualifies for Public Service Loan Forgiveness. And in general, the answer is no. But could it?
From the Editor – Confirmation
This week, Judge Brown examines three cases related to confirmation.
Meet Another New Trustee
Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis.
But Ms. Herr is no stranger to the Chapter 13 world.
Farewell Reception for Bankruptcy Judge
Marci B. McIvor, United States Bankruptcy Judge for the Eastern District of Michigan Retired
From the UST
Vacancy Announcement of Chapter 13 Standing Trustee
Region 21 has posted a vacancy announcement for the Chapter 13 Standing Trustee for the Middle District of Georgia in the Columbus, Albany, and Valdosta divisions.
Ms. Kristin Hurst, the current Standing Trustee, has communicated her intention to retire at the end of September, 2020.
Middle District of Florida Has New Judge
Judge Lori V. Vaughan Sworn in as Middle District of Florida Bankruptcy Judge
From the CFPB
Supreme Court Seems Inclined to Curb CFPB’s Independence
NACTT SAN DIEGO
REGISTER NOW (March 30th is the discount deadline) to attend the NACTT annual conference in San Diego, CA, July 9-11.
No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.
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ABI Editor at Large, Bill Rochelle will host an extra special, |
Check out this great program!!!!
Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation.
Farmers in the News
- Seeds of Despair – Saddled with near-record debt, unpredictable climate change and a trade war, Midwest farmers find themselves in a pressure cooker. Isolated, and with limited access to mental-health care, hundreds are dying by suicide.
Judicial Position Posting
- U.S. Bankruptcy Court Judgeship Middle District of Pennsylvania (Wilkes-Barre) Notice of Vacancy (App. due by 3/25/20)
Job Postings
District of Oregon – Term Law Clerk
Northern District of Ohio – Term Law Clerk
Eastern District of Pennsylvania – Term Law Clerk
Western District of Washington – Term Law Clerk
Western District of Oklahoma – Chief Deputy Clerk
District of Arizona – Case Administrator
Northern District of Florida – Bankruptcy Generalist Clerk
Southern District of Georgia – Case Administrator
District of New Hampshire – Case Administrator and Administrative Support Clerk
Eastern District of Tennessee – Case Administrator
Western District of Virginia – Case Administrator
Eastern District of Washington – Application Administrator and Case Administrator
Student Loan Chronicles
- Rosenberg . . .Student Loan Servicer Appeals Bankruptcy Court’s Decision to Discharge Student Loan Debt
- The Real Story on the $1.6 Trillion Student Loan Debt Crisis – Over half of student loan borrowers (around 25 million people) owe less than $20,000 but have higher default rates than the borrowers who owe more.
For Your Blog
IN CASE YOU MISSED IT . . .
Two Supreme Court Decisions with Effects on Bankruptcy Practice
In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law.IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 2, 2020
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Archives |
Obtaining Credit in Chapter 13 – Did the Amendment to FRBP 4001(c) Eliminate Motions to Incur Additional Credit?
Two Supreme Court Decisions with Effects on Bankruptcy Practice
In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law.From the UST
Vacancy Announcement of Chapter 13 Standing Trustee
The United States Trustee for Region 21 has published the attached vacancy announcement. The trustee will administer cases filed under Chapter 13 in the Columbus, Albany, and Valdosta divisions of Georgia.Ms. Kristin Hurst, the current Chapter 13 Standing Trustee in Columbus, has communicated her intention to retire at the end of September, 2020, after serving with distinction for 27 years in the Middle District of Georgia.
In the ‘This Is Way Cool’ Department
The Bankruptcy Court for the Eastern District of Washington now offers an interactive statistics dashboard showing real-time filing/closing data in chapters 7, 11, 13 and adversary proceedings.The statistics webpage has been updated to include judge activity, a 20-year history of case flings to date and a link to U.S. Courts website for national statistics. The new filing statistics page can be found by selecting the Court Information tab on our website.
Previously published SBRA library:
- Two Final Observations about the SBRA
- Five More Things Debtors Should Know About the SBRA Part II By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
- Appendix C House Judiciary Committee Report, H.R. Rep. No. 116-171 (2019)
- Appendix E Side-by-Side Comparison of a SBRA Small Business Debtor Reorganization under Subchapter V of Chapter 11 with a Small Business Plan Confirmation under Section 1129 and Related Provisions
- A Guide to the Small Business Reorganization Act of 2019 (not password protected) By The Honorable Paul W. Bonapfel
- SBRA Official Forms
NACTT SAN DIEGO
REGISTER NOW to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.
Check out this great program!!!!
Click here for Registration Form – After NACTT processes your registration, you will receive a link to make your hotel reservation
Farmers in the News
Trump Signals He’s Prepared to Give Farmers More Federal Aid
Job Posting
From the Bankruptcy Court for the District of Minnesota
Amendments to Local Rules 3015-2 and 9006-1 and Local Forms 2016-1 and 4001-1 will take effect March 1, 2020 and will govern in all bankruptcy cases commenced on or after March 1st.A red-lined copy of the amendments is available here.
May be of interest to National Mortgage Creditors: What may be of most interest is Local Form 4001-1 which is a revised Loan History payment Chart.
For Your Blog
IN CASE YOU MISSED IT . . .
Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?
There are two legal battles going on that may end up being dysfunctionally related: (1) what happens if the automatic stay is not extended in a “second case pending within one year”? And (2) what happens if there is no stay and § 542(a) is not self executing?Also from this author:
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)
FOR YOUR HEALTH (Not password protected)
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February 24, 2020
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Archives |
Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?
There are two legal battles going on that may end up being dysfunctionally related: (1) what happens if the automatic stay is not extended in a “second case pending within one year”? And (2) what happens if there is no stay and § 542(a) is not self executing?Also from this author:
Two Final Observations about the SBRA
This final installment from Larry Ahern winds up his review with observations about the challenges for new Chapter 11 counsel and some speculation about the scope of this new law for Chapter 13 practitioners.Easy access to the previously published SBRA library:
- Five More Things Debtors Should Know About the SBRA Part II By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
- Appendix C House Judiciary Committee Report, H.R. Rep. No. 116-171 (2019)
- Appendix E Side-by-Side Comparison of a SBRA Small Business Debtor Reorganization under Subchapter V of Chapter 11 with a Small Business Plan Confirmation under Section 1129 and Related Provisions
- A Guide to the Small Business Reorganization Act of 2019 (not password protected) By The Honorable Paul W. Bonapfel
- SBRA Official Forms
Black History Month
Constance Baker Motley: Judiciary’s Unsung Rights Hero
NACTT SAN DIEGO
REGISTER NOW to attend the NACTT annual conference in San Diego, CA, July 9-11.No doubt, this will be one of, if not THE BEST NACTT conference EVER! Something for everybody . . . trustees, trustee staff, debtor attorneys, creditors and creditor attorneys, and attorneys who represent trustees.
Check out this great program!!!!
Judgeship Position Postings
United States Bankruptcy Judgeship Eastern District of Michigan Notice of Vacancy (App. due by 3/10/20)Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
From the National Consumer Bankruptcy Rights Center
First Circuit BAP Applies “Gavel Rule” to Foreclosure Sale
For Your Blog
- Why Is It So Expensive to Be Overweight? You could be paying 25% more for jeans and twice the price for airline flights.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
The Hunt for Deductible Interest – Money Too Often Left on the Table
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTHCARE IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 17, 2020
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Archives |
Well, it’s here: SBRA goes into effect 2/19. Be sure to check your local court for interim rules implementing SBRA.
Five More Things Debtors Should Know About the SBRA
This week, Larry Ahern continues his review of issues of particular interest to small-business debtors and their counsel.
See also:
Click here for SBRA Official Forms
Click here for a 3-paged visual of changes to forms – although this was made available by the US Bankruptcy Court for the Southern District of Mississippi, it would appear to be applicable to all districts.
Easy access to the previously published SBRA library:
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
- Appendix C House Judiciary Committee Report, H.R. Rep. No. 116-171 (2019)
- Appendix E Side-by-Side Comparison of a SBRA Small Business Debtor Reorganization under Subchapter V of Chapter 11 with a Small Business Plan Confirmation under Section 1129 and Related Provisions
- A Guide to the Small Business Reorganization Act of 2019 (not password protected) By The Honorable Paul W. Bonapfel
The Hunt for Deductible Interest – Money Too Often Left on the Table
NACTT SAN DIEGO
Make your plans now to attend the NACTT annual conference in San Diego, CA, July 9-11.
Debtor Attorneys make special note that there are sessions especially for YOU – advanced level talks on getting paid and how to be the best!
Meet the Newest Trustee
SCOTUSblog
Passing of a Bankruptcy Pioneer
Honorable George S. Wright, 94, died peacefully at home surrounded by his family.
Updated Consent Order Guidelines – Middle District of Louisiana
Farmers in the News
Over-Hyped Hemp? Amid Price Drop and a Big Bankruptcy, Some Farmers Feel Burned
Judgeship Position Postings
New United States Bankruptcy Judgeship Eastern District of Michigan Notice of Vacancy (App. due by 3/10/20)
Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
From the National Consumer Bankruptcy Rights Center
Tax Debt from Late-Filed Tax Return Dischargeable
Epiq Webinar
For Your Blog
- This is pretty cool for all of us (READ – DO NOT JUST COPY/PASTE THIS ONE) . . . One Defensive Strategy Against Surprise Medical Bills: Set Your Own Terms
- Mortgage Rates May Be Low, But You’ll Still Need to Shop Around — Especially in These Cities
Sanctions and Irony and Fraud, Oh My!
- Kansas Farmer Sentenced for Crop Insurance Fraud – Also pleaded guilty to bankruptcy/fraud . . . falsely answered “no” to question about whether he had recently transferred property to anyone in his bankruptcy filing. He actually made two large transfers
- Bankruptcy Courts Punished Synergy Law Again and Again – Its customers kept losing their homes anyway
IN CASE YOU MISSED IT . . .
Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?
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)
HEALTHCARE IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 10, 2020
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Archives |
Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?
Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”
From the Editor – Claims
This week Judge Brown took a look at 2 cases involving claims issues:
Small Business Reorganization Act of 2019 “A Guide to the Small Business Reorganization Act of 2019”
Judge Paul W. Bonapfel of the United States Bankruptcy Court for the Northern District of Georgia has published “A Guide to the Small Business Reorganization Act of 2019.”Click here to read the summary.As a reminder, the new Section V of Chapter 11 of the Bankruptcy Code goes into effect on February 19, 2020.
Judgeship Postings
United States Bankruptcy Judge, District of Maryland at Greenbelt (App. due by 2/19/20)Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
Judge Duncan, District of South Carolina is accepting applications for a term law clerk
Magistrate Judge Posting
United States District Court for the Southern District of Mississippi is receiving applications for the position of Magistrate Judge assigned to the District’s Southern Division in Gulfport, Mississippi (App. Due by 2/28/20)
From the National Consumer Bankruptcy Rights Center
Student Loan Chronicles
- Senators to CFPB: Why Are You Still Failing to Protect Student Loan Borrowers?
IN CASE YOU MISSED IT . . .
Critical Case Comment
Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”
Click here for Opinion
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTHCARE IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 3, 2020
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Archives |
From the Editor – Fair Debt Collection Practices Act
From the Archives (originally posted 8/25/19)
Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class
The 2019 Numbers Are Out
- Bankruptcy Filings Increase Slightly
Chpts 7 and 12 are up; Chpts 11 and 13 are down
Chief Judge Announced
United States District Court for the Eastern District of New York
Judgeship Postings
United States Bankruptcy Judge, District of Maryland at Greenbelt (App. due by 2/19/20)Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
Judge Duncan, District of South Carolina
Magistrate Judge Posting
New Posting United States District Court for the Southern District of Mississippi is receiving applications for the position of Magistrate Judge assigned to the District’s Southern Division in Gulfport, Mississippi (App. Due by 2/28/20)
From the UST
Chapter 7 Trusteeship Openings – Application Due Dates for both – 2/7/20
- Districts of Guam and Northern Mariana Islands
- Northern District of Texas (primarily in San Angelo, Abilene, Amarillo and Lubbock Divisions)
For Your Blog
Student Loan Chronicles
- As of 1/27/20, the U.S. Bankruptcy Court for the S.D. of NY announced it has adopted the Student Loan Mediation Before Litigation Program. Click here for more information
- Growing Student Debt Burden for Parents – With federal Parent PLUS loans accounting for a quarter of borrowing for undergraduates, new data reinforce concern about parents’ ability to repay the loans.
- A popular link from last week . . . Court Cites Student Loans as Reason to Deny Bar Admission to New Lawyer
- Same basic story as above . . . 59-Year-Old Law School Graduate Not Allowed to Become a Lawyer While She and Her Husband Owe $900,000 in Student Loans
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
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FOR YOUR HEALTH (Not password protected)
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January 27, 2020
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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says
Critical Case Comment
Farmers in the News
- ‘Too Many Negatives’: Michigan farmers continue to feel weight of financial blows
Judgeship Postings
United States Bankruptcy Judge, District of Maryland at GreenbeltAnnouncement of Judgeship Openings
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
New Posting Judge Duncan, District of South Carolina, is accepting applications for a term law clerk
For Your Blog
These two items are not only applicable “For Your Blog” but are also of interest to all of us.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Critical Case Comment
Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”
Click here for Opinion
You may also be interested in the “Now What” section of this article: More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC
BUT . . . Student Loan Servicer Appeals Landmark $220,000 Bankruptcy Ruling
OF INTEREST (Not password protected)
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January 20, 2020
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Critical Case Comment
Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”Click here for Opinion
Representing Elderly Clients in Bankruptcy – Part 3 of 3
Click here for Part 2 of 3
Bulletin: Supreme Court Rules Against Creditor
The Supreme Court unanimously held that an order denying stay relief was final. Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against the debtor. Ritzen Group, Inc. v. Jackson Masonry, LLC, 2020 WL 201023 (U.S. Jan. 14, 2020).Justice Ginsberg added to bankruptcy terminology by declaring that a final order is one in which the bankruptcy court “unreservedly grants or denies relief” in “a discrete procedural unit within the embracive bankruptcy case.” A motion for stay relief is such a “unit.”Ritzen was reportedly Judge Keith Lundin’s last order before retirement. The Court found that in denying stay relief Judge Lundin was unreserved, so his order was final. In so holding, the Court handed a win to a friend of The Academy, Ned Hildebrand, co-counsel for Jackson Masonry.
The Academy will publish a more detailed analysis and survey of the law of finality in an upcoming article by Larry Ahern, a frequent contributor here and co-author of West’s Bankruptcy Procedure Manual.
Click here for Ahern’s comment on the case after cert was granted.
In the meantime, file those notices of appeal early and often.
From the Other Side
From the National Consumer Law Center
FDIC and OCC Proposals Threaten Expansion of Predatory Lending
Judgeship Postings
New Posting United States Bankruptcy Judge, District of Maryland at GreenbeltAnnouncement of Judgeship Openings
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
New Posting Judge Peter C. McKittrick – United States Bankruptcy Court for the District of Oregon
For Your Blog
Student Loan Chronicles
- This would also make a good “For Your Blog” item . . . IRS and Treasury Issue Guidance for Students with Discharged Student Loans and Their Creditors
Sanctions and Irony and Fraud, Oh My!
CFPB Announces Action Against Monster Loans, Lend Tech Loans, and Associated Student Loan Debt-Relief Companies
IN CASE YOU MISSED IT . . .
How Guarantors Can Escape Tax on Soured Debt
Tax lawyer Bill Purdy and Cathy Moran shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of debt income? Here’s the marvelous result that Bill’s caper through the IRS regs returned.See also: Tax Form 1099 Needs A Closer Look: Chances Are It’s WrongOF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
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January 13, 2020
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Cars, Fines, and Chapter 13 in the Windy City
Representing Elderly Clients in Bankruptcy – Part 2 of 3
Pro Se Wins Motion for Summary Judgement
Puerto Rico
Judgeship Posting
Announcement of Judgeship Openings
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Easy access to the previously published SBRA library.
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
From the IRS
IRS Sets Up Online Gig Economy Tax Center
For Your Blog
- 8 Million Student Loan Borrowers Must Do This in 2020 – Income-driven repayment plans must be recertified ANNUALLY
Sanctions and Irony and Fraud, Oh My!
- New Richmond Man Pleads Guilty in Mortgage Scheme – Customers paid owner monthly mortgage payments directly; he spent the money on personal needs and travel, court records show.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BY THE NUMBERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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January 6, 2020
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Representing Elderly Clients in Bankruptcy – Part 1 of 3
NACTT 55th Annual Educational Program
– San Diego, California
BE THERE!!
Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint
A great, short resource garnered from the written materials of the NACTT Indianapolis conference. A sample of the great information you miss if you don’t attend the NACTT annual conference.
Two Districts Revise Plans
Effective January 1, 2020:
Easy access to the previously published SBRA library.
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
Unclaimed Funds Reminder
Click below for the new Director’s Form and/or instructions or check your local rules for new forms. This is effective NOW.
From the IRS
2020 Standard Mileage Rates – Note that this is a decrease in business and medical/moving.
- 57.5 cents per mile driven for business use, down one half of a cent from the rate for 2019,
- 17 cents per mile driven for medical or moving purposes, down three cents from the rate for 2019, and
- 14 cents per mile driven in service of charitable organizations
From the UST
- Northern District of Texas (primarily in San Angelo, Abilene, Amarillo and Lubbock Divisions) – Applications due by 1/12/20
Student Loan Chronicles
Why Student Loan Debt Is Ballooning for Those 50 and Up
For Your Blog
- The New Payday Lender Looks a Lot Like the Old Payday Lender – Apps promising to “advance” a user’s wages say they aren’t payday lenders. So what are they?
Sanctions and Irony and Fraud, Oh My!
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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December 30, 2019
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December 23, 2019
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Five More Things Debtors Should Know About the SBRA of 2019
This week, Larry Ahern continues a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This Part VII continues his review of issues of particular interest to small-business debtors and their counsel, including his primer on Chapter 11 confirmation.
Below is easy access to the previously published SBRA library.
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I – The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
Supreme Court Grants Cert
On December 18th, the Supreme Court granted the Petition for Certiorari in City of Chicago, Illinois v. Fulton.
See Mr. Ahern’s previous analysis of this case.
In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542
There’s Always a Car
More Borrowers Are Getting Rejected for Auto Loans
New U.S. Trustee Appointed
Andrew R. Vara Appointed as U.S. Trustee for Ohio and Michigan
For Your Blog
- As Reverse Mortgages End, Heirs Are Left with Heartache – After a death, heirs who want to pay off reverse mortgages to hold onto a family home can be stymied by a seemingly endless cycle of problems.
IN CASE YOU MISSED IT . . .
Disregarding Bankruptcy Protections Can be Costly: How Courts Decide Punitive Damages Awards for Stay Violations
“When a creditor willfully continues to engage in collection efforts in violation of the automatic stay, the harm to a debtor can be devastating.”IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
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DEBT AND THE ECONOMY (Not password protected)
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December 16, 2019
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Disregarding Bankruptcy Protections Can be Costly: How Courts Decide Punitive Damages Awards for Stay Violations
“When a creditor willfully continues to engage in collection efforts in violation of the automatic stay, the harm to a debtor can be devastating.”Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act
New Fellows of American College of Bankruptcy
SBRA – Below is easy access to the entire SBRA library to date.
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I – The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
- Appendix C – House Judiciary Committee Report, H.R. Rep. No. 116-171 (2019)
- Appendix D – Side-by-Side Comparison of Terms of Section 1202 and Section 1183
- Appendix E – Side-by-Side Comparison of a SBRA Small Business Debtor Reorganization under Subchapter V of Chapter 11 with a Small Business Plan Confirmation under Section 1129 and Related Provisions
Judge Marci B. McIvor Retires
Student Loan Chronicles
- University of Phoenix Cancels $141 Million in Debt for ‘Deceptive’ Ads – The for-profit school lured students by advertising employer partnerships that did not exist, the Federal Trade Commission said.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Ask Ms. Ps & Qs
IN THE NEWS (Not password protected)
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December 9, 2019
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2019 Legislation Affecting Bankruptcy Practice – Part VI
Ask Ms. Ps & Qs
An Interesting Opinion from the Sixth Circuit BAP – In re Donnadio
Farmers in the News
- ‘They’re Trying to Wipe Us Off the Map’ – Small American Farmers Are Nearing Extinction
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
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December 2, 2019
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Due to the Thanksgiving Break, we bring you an abbreviated and “Greatest Hits” Update.
This is a lovely, new article.
Senior Moments
Taxes, Offset, and Mutuality
Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class
Are you behind on the SBRA?
Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V
This week, Larry Ahern continues a report on bankruptcy-related legislation. This Part V concludes his review of issues arising under the new small business subchapter added to Chapter 11, of particular interest to Chapter 12 and 13 trustees.See also our previously published articles:
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act by Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Larry Ahern
- H.R. 3311
A good time to catch up on the ABI Recommendations . . .
ABI Commission on Consumer Bankruptcy Recommendations – What Does It Mean to Surrender?
Recommendations Related to Exemptions
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
For Your Blog
If You Have These Personality Traits, You Could Be at Higher Risk of Going Broke in Retirement
Sanctions and Irony and Fraud, Oh My!
All new links . . .
- Now-Defunct Globe University Files for Chapter 11, Citing Many Millions Owed – With Minnesota School of Business, it owes millions in connection with fraud.
- Student Loan Debt Scam Stopped by FTC After Consumers Lose Millions – FTC says the companies would promise lower payments, and then push the loans onto another company.
In Case You Missed It. . .December 1 is HERE
New and Revised Bankruptcy Forms
This week Judge Brown breaks down the new and revised bankruptcy forms that you need to be aware of.AND . . . below is a link to a really good article on rule amendments you also need to be aware of . . .
Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1, 2019
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
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November 25, 2019
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Happy Thanksgiving
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ABI Commission on Consumer Bankruptcy Recommendations – What Does It Mean to Surrender?
“One of the most confusing elements in consumer bankruptcy practice is the effect of electing the option given in § 1325(a)(5)(C) or § 521(a)(2).”Previously published articles:
Collateral Repossessed Pre-Petition
Recommendations Related to Exemptions
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
Per Capita Bankruptcy Filings Heat Map
Click here for the map
Click here for the raw data
| Ranking | State | Filings per 1,000 |
| 1 | Alabama | 5.75 |
| 2 | Tennessee | 5.47 |
| 3 | Georgia | 4.43 |
| 4 | Mississippi | 4.28 |
| 5 | Nevada | 3.82 |
| 6 | Illinois | 3.79 |
| 7 | Indiana | 3.67 |
| 8 | Arkansas | 3.66 |
| 9 | Kentucky | 3.56 |
| 10 | Utah | 3.50 |
From the Supreme Court
Farmers in the News
- Farming Industry Faces Rising Bankruptcy Filings – The number of American farms going bankrupt is up 24 percent over last year.
For Your Blog
- Dealing with debt collection issues can be challenging—especially when you’re not sure if the person you’re being contacted by is a legitimate debt collector or someone trying to scam you. The CFPB has released a video to help educate the public on the difference in scam vs. real.
In Case You Missed It. . .December 1 is NEXT Week
New and Revised Bankruptcy Forms
This week Judge Brown breaks down the new and revised bankruptcy forms that you need to be aware of.AND . . . below is a link to a really good article on rule amendments you also need to be aware of . . .
Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1, 2019
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
BY THE NUMBERS (Not password protected)
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November 18, 2019
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In re Crocker: New Approaches to Discharge Enforcement and Student Loan Dischargeability?
Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V
This week, Larry Ahern continues a report on bankruptcy-related legislation. This Part V concludes his review of issues arising under the new small business subchapter added to Chapter 11, of particular interest to Chapter 12 and 13 trustees.See also our previously published articles:
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act by Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Larry Ahern
- H.R. 3311
Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)
From the Courts
2019 Director’s Awards Presented for Leadership, Excellence, Bravery
From the United States Trustee
Location: District of Guam, Missouri
Application Deadline: November 22, 2019
From the Courts
- Notice of Vacancy for the Position of U.S. Bankruptcy Judge for Southern District of West Virginia at Charleston – Deadline to apply is December 9.
From the IRS
In Case You Missed It. . .
New and Revised Bankruptcy Forms
This week Judge Brown breaks down the new and revised bankruptcy forms that you need to be aware of.AND . . . below is a link to a really good article on rule amendments you also need to be aware of . . .
Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1, 2019
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
BY THE NUMBERS (Not password protected)
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November 11, 2019
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Happy Veteran’s Day We at The Academy thank each |
In honor of Veteran’s Day, we bring you a story from uscourts.gov
Double Duty: Reflections of an Army General and Clerk of Court
New and Revised Bankruptcy Forms
This week Judge Brown breaks down the new and revised bankruptcy forms that you need to be aware of.AND . . . below is a link to a really good article on rule amendments you also need to be aware of . . .
Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1, 2019
Memories of a Chapter XIII Trustee
From the Supreme Court
- Argument Preview: Justices to consider when creditors in bankruptcy can appeal orders denying relief from the automatic stay
From the National Consumer Bankruptcy Rights Center
- No Amortization of Tax Refund in W.D. Texas
- Note that Standing Trustee Mary Viegelahn (Vega v. Viegelahn and Diaz v. Viegelahn) is Program Chair for the 2020 NACTT conference in San Diego. Mark your calendar NOW; it’s going to be EPIC!!! July 9-11, 2020. BE THERE!
For the Academic Set
From the United States Trustee
DEADLINE TO APPLY IS NOVEMBER 15, 2019
Solicitation of Applicants to Serve as Subchapter V Trustees
Farmers in the News
- Report: Farm bankruptcies rose 24% over past year, growers increasingly depend on federal aid, programs
Newest Webinar Recording Now Available
The HAVEN Act – Understanding this complicated new law
A comment from one debtor attorney:
“One of the best presentations I have heard in many years. Clear,
concise, relevant, thorough. Excellent materials.”
The HAVEN Act – effective NOW – is a helpful, yet complicated new tool in your arsenal to help veterans get the fresh start offered through bankruptcy.
Chapter 13 Trustee Naliko Markel moderates a one hour discussion between Kristina M. Stanger and Jessica Hopton Youngberg. Both Stanger and Youngberg were members of the ABI Task Force and each has extensive experience in the area of veteran affairs.
AND FOR THOSE WHO JOINED THE LIVE PRESENTATION:
There were many questions regarding the example discussed on Slide #26. Click here for an augmented dissection of the example.
Student Loan Chronicles
- Law Schools with the Highest Student Loan Default Rates – Damned to lifetimes of debt, graduates of these law schools have been defaulting on their student loans.
In Case You Missed It. . .
Hanging Paragraph, Cars for Non-Personal Use, and PMSI
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
IN THE ‘OH MY’ CATEGORY (Not password protected)
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November 4, 2019
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Critical Case Comment
Hanging Paragraph, Cars for Non-Personal Use, and PMSI
The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral, including a vehicle purchased for non-personal use.
Barbara J. Rom Award for Bankruptcy Excellence
The 2019 recipient of the Barbara J. Rom Award for Bankruptcy Excellence given by the Federal Bar Association, Eastern District of Michigan chapter, was awarded to NACTT and Academy member Richardo Kilpatrick. We are honored that Kilpatrick will be a speaker at the 2020 NACTT Conference in San Diego.
The Barbara J. Rom Award for Bankruptcy Excellence honors individuals who have exhibited the highest level of overall excellence in the practice of bankruptcy law. The following criteria are among those considered in making this award: Excellence, civility, sophistication of practice, community involvement, Bar association and Court activity involvement, and pro bono participation.
CONGRATULATIONS RICHARDO!!!!
For Your Blog
Credit Scores Trend Upward After Bankruptcy
From the United States Trustee
Public Notice – Solicitation of Applicants to Serve as Subchapter V Trustees
Announcements are going up, all over the country, for applications to be a Small Business Trustee. Click here for the national, uniform information then scroll to your state for the applicable email address to which submissions should be sent.
DEADLINE TO APPLY IS NOVEMBER 15, 2019
Farmers in the News
Farm Bankruptcies Rise Again
Newest Webinar Recording Now Available
The HAVEN Act – Understanding this complicated new law
A comment from one debtor attorney:
“One of the best presentations I have heard in many years. Clear,
concise, relevant, thorough. Excellent materials.”
The HAVEN Act – effective NOW – is a helpful, yet complicated new tool in your arsenal to help veterans get the fresh start offered through bankruptcy.
Chapter 13 Trustee Naliko Markel moderates a one hour discussion between Kristina M. Stanger and Jessica Hopton Youngberg. Both Stanger and Youngberg were members of the ABI Task Force and each has extensive experience in the area of veteran affairs.
AND FOR THOSE WHO JOINED THE LIVE PRESENTATION:
There were many questions regarding the example discussed on Slide #26. Click here for an augmented dissection of the example.
Student Loan Chronicles
CFPB Announces Action Against Student Loan Debt Relief Operation
In Case You Missed It. . .
As a Halloween Treat, the following article is NOT password protected.
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
“You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts could we actually PROVE about the Monster Mash, in a federal court?”OF INTEREST (Not password protected)
TILL INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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October 28, 2019
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As a Halloween Treat, the following article is NOT password protected.
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
“You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts could we actually PROVE about the Monster Mash, in a federal court?”Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019
This week, Larry Ahern continues reporting on bankruptcy-related legislation passed in August. This week, Ahern drills further into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 trustees and practitioners.See also our previously published articles:
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act by Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Larry Ahern
- H.R. 3311
From the Editor
Judge Brown brings us one case of interest on curing defaults:
From the United States Trustee
Public Notice – Solicitation of Applicants to Serve as Subchapter V Trustees
City of Chicago, Illinois v. Fulton Appealed to Supreme Court
From the CFPB
- Will Supreme Court Decision Threaten CFPB Independence – Or will it bring more accountability?
- CFPB to Host Symposium on November 6 – Live Stream Available
Newest Webinar Recording Now Available
The HAVEN Act – Understanding this complicated new law
A comment from one debtor attorney:
“One of the best presentations I have heard in many years. Clear,
concise, relevant, thorough. Excellent materials.”
The HAVEN Act – effective NOW – is a helpful, yet complicated new tool in your arsenal to help veterans get the fresh start offered through bankruptcy.
Chapter 13 Trustee Naliko Markel moderates a one hour discussion between Kristina M. Stanger and Jessica Hopton Youngberg. Both Stanger and Youngberg were members of the ABI Task Force and each has extensive experience in the area of veteran affairs.
AND FOR THOSE WHO JOINED THE LIVE PRESENTATION:
There were many questions regarding the example discussed on Slide #26. Click here for an augmented dissection of the example.
Student Loan Chronicles
- At 69, She’s Still Paying Off $12,000 of Student Debt — including out of her Social Security checks – About 222,140 Texans ages 60 and older had student loan debt in 2017, carrying a median load of $15,754, according to government data.
- Where Student Loan Debt Hits the Hardest — 2019 Edition
Sanctions and Irony and Fraud, Oh My!
- 3 Arrested in $7 Million Mortgage Fraud that Targeted the Elderly – Distressed homeowners promised foreclosure relief by paying fees and deeding their property over to Grand View Financial
- Why Black Homeowners in Brooklyn Are Being Victimized by Fraud – Deed theft has become a worrisome crime in Brooklyn, targeting rapidly gentrifying communities of color.
- $30M Fraud Scheme Lands Bala Cynwyd Man in Prison – Gary Frank’s major loan fraud scheme helped him get on the boards of the Philadelphia Orchestra and the Philly Pops.
In Case You Missed It. . .
Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies
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October 21, 2019
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Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask
This article discusses the FCRA, the rules and practices of those who prepare credit reports, and some of the problems and issues that consumers need to be aware of. Much of it is based on the actual experience of one of the authors in representing consumers with credit report problems.Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies
From the Editor
Judge Brown was back at his desk this week, reading cases, and brings us four cases of interest relating to claims:
Small Business Reorganization Act…(“SBRA”) – All previously published articles:
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act by Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Larry Ahern
- H.R. 3311
From the Courts – Form Changes
Forms effective October 1, 2019On August 26, 2019, the President signed into law the Honoring American Veterans in Extreme Need Act of 2019 (the HAVEN Act) Public Law No. 116-52. The HAVEN Act amended 11 U.S.C. § 101(10A) to exclude from the definition of Current Monthly Income certain payments made under title 10, 37, or 38 of the United States Code in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services.At its September 26, 2019 meeting, the Advisory Committee on Bankruptcy Rules made minor conforming amendments to lines 9 and 10 of Official Forms 122A-1, 122B, and 122C-1 to address the HAVEN Act.Click here for New Form 122C-1Forms Effective December 1, 2019Two bankruptcy forms are on track to go into effect this December.
The proposed change to Official Form 122A-1 adds an instruction to line 14a to remind a debtor that if there is no presumption of abuse, that Official Form 122A-2 should not be filled out or filed.
Director’s Form 1340, Application for Payment of Unclaimed Funds, is a new form issued by the Director of the Administrative Office of the United States that bankruptcy courts may adopt or revise as needed to facilitate requests for unclaimed funds.
From the CFPB
- (Pretty interesting stuff – chapter 13 starts on page 5) Quarterly Consumer Credit Trends – Consumer Bankruptcy, BAPCPA, and the Great Recession
Also from the Courts
- Tampa’s Chief Bankruptcy Judge Sees Many People ‘Get Behind the Financial 8 Ball’ – Caryl E. Delano will serve four years as chief judge of one of the nation’s busiest bankruptcy courts.
There is still time . . . REGISTER NOW
Student Loan Chronicles
Turf War Blocked CFPB From Helping Fix Student Loan Forgiveness Program
For Your Blog
Zombie Debt: How collectors trick consumers into reviving dead debts
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October 14, 2019
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Taxes, Offset, and Mutuality
Small Business Reorganization Act…(“SBRA”)
The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019
Larry Ahern continues his reporting on bankruptcy-related legislation passed in the first session of the 116th Congress. This week, he answers the single most frequently asked question from the debtors’ bar about the new small business rules: Could the new law require my client to file before the February 19 effective date?See also:
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act by Jan Hamilton – PART ONE, PART TWO and PART THREE
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Larry Ahern
- H.R. 3311
From the Courts
From the Courts – Form Changes
Forms effective October 1, 2019On August 26, 2019, the President signed into law the Honoring American Veterans in Extreme Need Act of 2019 (the HAVEN Act) Public Law No. 116-52. The HAVEN Act amended 11 U.S.C. § 101(10A) to exclude from the definition of Current Monthly Income certain payments made under title 10, 37, or 38 of the United States Code in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services.At its September 26, 2019 meeting, the Advisory Committee on Bankruptcy Rules made minor conforming amendments to lines 9 and 10 of Official Forms 122A-1, 122B, and 122C-1 to address the HAVEN Act.Click here for New Form 122C-1Forms Effective December 1, 2019Two bankruptcy forms are on track to go into effect this December.
The proposed change to Official Form 122A-1 adds an instruction to line 14a to remind a debtor that if there is no presumption of abuse, that Official Form 122A-2 should not be filled out or filed.
Director’s Form 1340, Application for Payment of Unclaimed Funds, is a new form issued by the Director of the Administrative Office of the United States that bankruptcy courts may adopt or revise as needed to facilitate requests for unclaimed funds.
From the IRS
2 Million ITINs Set to Expire in 2019
- An ITIN is a tax ID number used by taxpayers who don’t qualify to get a Social Security number. Any ITIN with middle digits 83, 84, 85, 86 or 87 will expire at the end of this year.
New Payment Option Available to Taxpayers in Private Debt Collection Program
- IRS officials announced on 10/8/19 that a new payment option – preauthorized direct debit.
IRS: Sorry, but It’s Just Easier and Cheaper to Audit the Poor
- Congress asked the IRS to report on why it audits the poor more than the affluent. Its response is that it doesn’t have enough money and people to audit the wealthy properly. So it’s not going to.
ABI Commission on Consumer Bankruptcy Recommendations
Recommendations Related to Exemptions
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
Chapter 13 Trustee Position Opening
Application Due Date: October 18, 2019
REGISTER NOW
Webinar Recording Now Available
How the New MDFL Student Loan Management Program Works
Trustee Laurie Weatherford joins experts Robert Branson and Tammy Branson in a one-hour discussion on the new court supervised student loan modification program recently launched in the Middle District of Florida. Details you need to start a program in your district.This is a moderate to advanced level webinar directed to trustees, judges, attorneys who represent debtors and student loan creditor representatives.This recording is free to Academy subscribers or we offer a pay per view option.Session Recordings Now Available
Student Loan Chronicles
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October 7, 2019
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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three
“What needs to be in a plan filed in a case under the SBRA? Start with the statute…”Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t, um, this is OCTOBER! We are building our library on this important legislation so it is available when YOU are ready for it.See also:
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act by Jan Hamilton – PART ONE and PART TWO
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Larry Ahern
- H.R. 3311
Senior Moments
ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
Chapter 13 Trustee Position Opening
Application Due Date: October 18, 2019
SAVE THE DATE
There’s Always a Car
Americans Are Taking Out Ridiculously Long Auto Loans
Webinar Recording Now Available
How the New MDFL Student Loan Management Program Works
Trustee Laurie Weatherford joins experts Robert Branson and Tammy Branson in a one-hour discussion on the new court supervised student loan modification program recently launched in the Middle District of Florida. Details you need to start a program in your district.This is a moderate to advanced level webinar directed to trustees, judges, attorneys who represent debtors and student loan creditor representatives.This recording is free to Academy subscribers or we offer a pay per view option.
Farmers in the News
Session Recordings Now Available
Student Loan Chronicles
Student Loan Crisis Driving Racial Wealth Gap
For Your Blog
Taxpayers Should Beware of Property Lien Scam
Sanctions and Irony and Fraud, Oh My!
- Woman Draws Ire of Bankruptcy Judge, Faces Possible Criminal Charges – Milwaukee woman who overcharged low-income people filing for bankruptcy and failed to pay more than $15,000 in fines should face criminal charges, U.S. Bankruptcy Court Judge Beth Hanan said in a recent order.
- FTC Says AdvoCare Will Pay $150 Million Fine for Using Illegal Pyramid Sales Scheme – “There is incredible profit that can be made through infinity,” a top AdvoCare promoter advertised to potential recruits, according to the FTC.
IN CASE YOU MISSED IT. . .
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Johnson Retires By Academy Staff |
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Kellner Retires By Academy Staff |
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| A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee By The Honorable Guy R. Humphrey, Southern District of Ohio |
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September 30, 2019
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Small Business Reorganization Act
Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it.In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half pages are of particular importance as she very briefly summarizes the chief take-aways.See also:
- Small Business Reorganization Act by Jan Hamilton – PART ONE and PART TWO
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019
- H.R. 3311
It Takes a Village
Kellner Retires
AND
A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee
Term Law Clerk Posting
Johnson Retires
Bankruptcy Judge Receives Award
Farmers in the News
Trump’s Farm Bailout Has Cost Taxpayers More Than Double the Auto Bailout
PACER in the News
A popular link from last week. . . . Judiciary Doubles Fee Waiver for PACER Access to Court Records
Session Recordings Now Available
Student Loan Chronicles
- Here’s Another Way Student Loans Are Screwing You Over, Consumer Advocates Say – According to the Student Borrower Protection Center, a consumer advocacy group, the memo shows that Navient “orchestrated a predatory scheme to place borrowers in high-cost repayment options to boost corporate profits.”
Sanctions and Irony and Fraud, Oh My!
- Special Report: New frontier in health fraud – Genetic tests of the elderly
IN CASE YOU MISSED IT. . .
Tax Projections and the Means Test – Part II
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTHCARE IN THE NEWS (Not password protected)
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September 23, 2019
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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two
Part 2 of Trustee Hamilton’s dissection at SBRA looks at the Plan . . . specifically notions to consider before the plan is filed.See also:
Tax Projections and the Means Test – Part II
From the Editor – Avoidance
Judge Brown takes a look at two cases on avoidance. The first one is an important finding.
There’s Always a Car
Driven to Bankruptcy — New Research from the Consumer Bankruptcy Project
Marijuana in the News
Marijuana: Should a Plan “Go up in Smoke” Because a Debtor’s Tenant Operates a Marijuana Establishment?
Medicaid Estate Recovery Program
Farmers in the News
PACER in the News
Judiciary Doubles Fee Waiver for PACER Access to Court Records
CFPB in the News
- CFPB Just Told SCOTUS it’s Unconstitutional – What does that mean for its mission?
Session Recordings Now Available
Student Loan Chronicles
Why You Got Rejected for Student Loan Forgiveness
For Your Blog
Should I Pay Off Mortgage Early?
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September 16, 2019
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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE
“I do not suggest my thoughts here are anywhere close to exhaustive. . . . Of course, my thoughts may be off mark on one or more items, but the discussions need to start somewhere, so here we go…”See also:
Tax Projections and the Means Test
From the Editor
Judge Brown took a look at 3 cases this week dealing with lien issues:
Marijuana in the News
Bankruptcy Court Tells Debtors They Must Choose Between Bankruptcy or Medical Marijuana
Farmers in the News
New Law Allows More Farmers to Qualify for Bankruptcy, and Some Are Thinking About It
Session Recordings Now Available
Sanctions and Irony and Fraud, Oh My!
- After Fire, Philadelphia Refinery Paid Executives $4,591,500 in Bonuses while Hundreds Were Laid Off
- Rev. Leon Finney Jr.’S Free Fall – Nonprofits Got Millions in Public Housing Money. Now, He’s Facing Allegations of Fraud and Self-Dealing.
- Chpt 7 but interesting . . .Cochran Testifies at Creditors’ Meeting
- Email Wire Fraud Simple for Criminals to Pull Off – Cost companies $26 billion since 2016, says FBI
Student Loan Chronicles
5th Circuit Finds No Room for Sympathy for Student Loan Debtor
For Your Blog
How Student Loan Fees Work and What They Cost
In Case You Missed It . . .
Undersecured Short-Term Mortgages May be Crammed Down
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September 9, 2019
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Undersecured Short-Term Mortgages May be Crammed Down
2019 Legislation Affecting Bankruptcy Practice
Five Things Trustees Should Know About the Small Business Reorganization Act of 2019
This week, Larry Ahern continues a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This installment begins to drill down into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 trustees and practitioners.
See also:
When $400 Emergency Pushes You Over the Edge
Farmers in the News
The Graying of Debtors
Rising Senior Debt Levels are Concerning Researchers
Session Recording Now Available
At the NACTT 2019 conference, an exceptional panel addressed the ‘graying’ of debtors across the country. Click here* to purchase this 75 minute session featuring Trustee Krispen Carroll, Professor Robert Lawless, William Rule PhD, and Debtor Counsel David Cox.
*Ninth session from the top – a mere $35 for the session.
Student Loan Chronicles
- Americans Are Drowning in $1.5 Trillion of Student Loan Debt – There’s one easy way congress could help
- Congress Promised Student Borrowers a Break. Education Dept. Rejected 99% of Them
Payday Lenders
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
(But not so fast . . . the language is not so cut and dried. Mark your calendar NOW for the NACTT 2020 conference in San Diego where the HAVEN Act will be explored in detail – JULY 9-11, 2020)
OF INTEREST (Not password protected)
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September 2, 2019
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Archives |
In observance of Labor Day, The Academy brings you an abbreviated/”Greatest Hits” weekly update. This would be a great time to catch up on the 2019 Legislation.
First published 8/19. Bills have now been signed into law.
2019 Legislation Affecting Bankruptcy Practice
This week, Larry Ahern begins a report on bankruptcy-related legislation passed in the first session of the 116th Congress. This Part I summarizes four bills that would amend both business and consumer provisions in the Bankruptcy Code and related statutes. If the legislation becomes law, Part II will drill down into the new small business subchapter added to Chapter 11, which will also be of interest to Chapter 12 and 13 practitioners.
Ditech Bank in the News
See also, Academy Webinar Recording
Ditech – What Consumer Bankruptcy Folks Need to Know
Join experts Tara Twomey and Thad Bartholow in a discussion regarding Ditech consumer claims. You will learn how/where to file claims; the bar date; the entire list of entities involved; why your client may not have received notice and what to do about it; what the proposed plan does and doesn’t say; and more.
Less Than 100% Dividend, Can a Chapter 13 Plan be Paid Off Early? Originally published 4/22/19
From the Editor
Bankruptcy Protections Limited for Repeat Filers Originally published 1/14/19
Proposed Amendments Published for Public Comment
- Appellate Rules 3, 6, 42, and Forms 1 and 2;
- Bankruptcy Rules 2005, 3007, 7007.1, and 9036; and
- Civil Rule 7.1.
The comment period is open from August 19, 2019 to February 19, 2020.
Student Loan Chronicles
99% of Public Workers Who Seek Student Debt Relief Don’t Qualify. California wants to know why
IN CASE YOU MISSED IT . . .very popular article from last week. . .
Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class
“In fact, some discrimination is even allowed – as long as it’s not unfair discrimination.”
Be sure to scroll to the end of the article for a surprise!
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
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August 26, 2019
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Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class
What to Do with the Dreaded Timeshare?
As reported in March, we are pleased to publish articles written by law students who benefited from the grant money provided by the National Data Center.
The Bankruptcy Moot Court Experience – Duberstein 2019
“. . . I had no idea what I was getting myself into. . . . coach’s question was challenging. It made it seem like the Court siding with my position would bring an end to the financial world as we know it. . . . I diverted and acted like the question had never been asked. And that was it, I was hooked on bankruptcy moot court.”See also:
Farmers in the News
Proposed Amendments Published for Public Comment
- Appellate Rules 3, 6, 42, and Forms 1 and 2;
- Bankruptcy Rules 2005, 3007, 7007.1, and 9036; and
- Civil Rule 7.1.
The comment period is open from August 19, 2019 to February 19, 2020.
From the IRS
Bankruptcy Boot Camp 2019
Sanctions and Irony and Fraud, Oh My!
- Broward Lawyer Suspended by Bankruptcy Judge After ‘Farcical Attempt to Avoid Accountability’ – “Now that the court has looked, it cannot look away,” said a court order by U.S. Bankruptcy Judge John K. Olson, who suspended Pembroke Pines attorney Maite Diaz from his court for allegedly filing unsworn and unverified documents.
- Military Fraudster Sentenced – Man Lied About Military Record to Swindle Donors to His Purported Charity
For Your Blog
Car Payment Trouble? How to turn it around
IN CASE YOU MISSED IT . . .
2019 Legislation Affecting Bankruptcy Practice
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IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
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August 19, 2019
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Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing
2019 Legislation Affecting Bankruptcy Practice
Chapter 12 and Act2/Conference Update
“The presentations and materials are a great start for someone just getting into chapter 12, and for those more experienced practitioners the conference provided a chance to sharpen some skills and get up to date on the latest in Chapter 12.”This article contains valuable information about materials and the Act2 officers.
Farmers in the News
Drummond Receives Professionalism Award
ABI Commission on Consumer Bankruptcy
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
From the IRS
- Taxpayers with Expiring ITINs Should Renew Them NowNearly 2 million ITINs will expire on December 31, 2019. If your practice is geographically in a high immigration area, you need to read this. Per immigration expert Richard J. Parker, Esq. of Parker, Butte & Lane, P.C. in Portland, Oregon, “They are most commonly used by people who have requested waivers and so do not have work authorization. It would generally be seen as the spouse of a US Citizen so that a joint tax return can be filed.”See also, related article: Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons
Student Loan Chronicles
- ‘Severely Derogatory’: U.S. student debt defaults have ‘grown stunningly’
Student Loan Chronicles Part B
CFPB Settles Lawsuit Against ITT Educational Services
CFPB announced 8/12/19 a proposed settlement with ITT Educational Services, Inc. to resolve the lawsuit which alleges that ITT engaged in unfair and abusive practices in connection with its private loan program in violation of the Consumer Financial Protection Act of 2010.The Complaint, filed in the U.S. District Court for the Southern District of Indiana in 2014, alleges that ITT helped to create private loan programs for students at ITT Technical Institute, the school run by ITT until it filed for bankruptcy and ceased operations in 2016. The Bureau alleges that ITT improperly induced students to take out those loans to pay the tuition amounts not covered by loans or other tuition assistance from the federal government. The Bureau’s complaint also alleges that ITT knew the student borrowers did not understand the terms and conditions of the loans and could not afford them, resulting in high default rates and other negative consequences.
The terms of the proposed stipulated order include, among other things, a judgment against ITT for $60 million and an injunction prohibiting ITT from offering or providing student loans in the future.
In a separate action filed by the Bureau on June 14, 2019, a final stipulated judgment was entered against the entity holding the private loans at issue, Student CU Connect CUSO, LLC. Under the terms of that judgment all collection on such loans must cease, all outstanding loans must be discharged, and all negative credit reporting must be corrected.
See also:
U.S. Regulator Settles Lawsuit Against ITT Educational, Will Not Collect $60 Million
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Score One for the United States Bankruptcy Court in the Service of the African America Community
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August 12, 2019
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Score One for the United States Bankruptcy Court in the Service of the African America Community
Don’t forget to complete your NACTT Indy Evaluation
NACTT Indianapolis EVALUATION TIME – Attention NACTT Indy Attendees: Your Voice is Important
Thank you for your recent participation at the NACTT Indianapolis Seminar! We value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2020 San Diego Seminar. We look forward to seeing you there next year. Mark your calendar NOW – July 8-11, 2020.Click Here To Let Your Voice Be Heard
Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 5
ABI Commission on Consumer Bankruptcy – Recommendations Related to Exemptions
NEW – Commission Member Hildebrand continues looking individually at the recommendations of the Commission.“Applying that convoluted mechanism, debtors get to assert the exemptions of the state in which they reside or, in several jurisdictions that did not ‘opt out’ of the federal exemptions, unless the debtor has moved to that jurisdiction within two years of filing of the bankruptcy petition.”
See also previous recommendations:
Post-Petition Changes in Value
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
Farmers in the News
Important CFPB Settlement
“Clearly and Prominently:” Consumer Debt Settlement Disclosures in Wake of CFPB v. Freedom Debt Relief
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- CFPB and the New York A.G. Settle with Debt Collection Group Douglas MacKinnon, Northern Resolution Group, LLC, Enhanced Acquisitions, LLC, Delray Capital, LLC, and Mark Gray
For Your Blog
- Judges Explain Rule of Law, Why It Matters
What does the rule of law mean, and how does it affect our daily lives?This five minute “Court Shorts” video, explains how fair and consistent adherence to the law protects our rights and well-being in everyday situations like buying a breakfast sandwich, reading mail, and investing in the stock market. Definitely not our ‘normal’ For Your Blog option but a short, interesting reminder of why ‘the Rule of Law’ is important.
IN CASE YOU MISSED IT . . .
Forced Vesting by Any Other Name – Just Might Work
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August 5, 2019
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Archives |
Forced Vesting by Any Other Name – Just Might Work
NACTT Indianapolis EVALUATION TIME – Attention NACTT Indy Attendees: Your Voice is Important
Thank you for your recent participation at the NACTT Indianapolis Seminar! We value your opinion. Please take a few moments to complete this evaluation. Your feedback is important to us and will assist in planning the 2020 San Diego Seminar. We look forward to seeing you there next year. Mark your calendar NOW – July 8-11, 2020.
Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5
Hot Off the Press – Judgment and Memorandum Opinion
Mortgage servicer was not required to specifically state on its proof of claim that it was servicing the loan on behalf of Freddie Mac. Nor was it necessary for there to be a specific endorsement of the Note or an assignment of the Mortgage to Freddie Mac. The servicer was in physical possession of the Note with an affixed endorsement in blank, and was therefore the holder of a negotiable instrument under the Alabama Uniform Commercial Code. Accordingly, the servicer had standing to file a proof of claim in the Debtors’ Chapter 13 case and to enforce the Note. Furthermore, the post-petition assignment of the Mortgage was not a violation of the automatic stay or an avoidable transfer. Moreover, under Eleventh Circuit law, the Debtors did not have standing to challenge the assignment of their Mortgage.
The Court further found that the Debtors (i) failed to establish by competent evidence that the servicer made any misrepresentations either pre-petition or during the post-petition loan modification process regarding the servicer’s ability to foreclose, (ii) failed to establish that the servicer’s proof of claim was materially defective, and (iii) failed to establish that their loan modification agreement was unenforceable.
Stop and Smell the . . . Well, Corn
I stop and visit with folks a lot. (Surprise…) I had an encounter this year that I found meaningful. It greatly reminded me of my days of representing farmers in 12s and 11s. And it made me stop for a moment and think about how we, as trustees, interact with debtors and how, for the most part, they are just case numbers to us. But they all have stories.Farmers in the News
- House Passes Chapter 12 Farmer Bankruptcy Relief Bill – Bipartisan bill raises debt limit cap to $10 million.
- Farm Loan Delinquencies and Bankruptcies Are Rising – Farm Bankruptcy Filings Rise 13%
- Trump’s $16 Billion Farm Bailout Designed to Help Farmers Hit in Trade War – But report says it will make rich farmers richer.
Safe Deposit Boxes
- Unclaimed Property (a second article about safe deposit boxes and how they become unclaimed property in states’ coffers)
An Oldie But a Goodie – Original Publication 12/9/18
Watch the Clock – Timing of Appeals
From the National Consumer Bankruptcy Rights Center
Student Loan Chronicles
Thousands of Scammed Student-Loan Borrowers Filed Claims for Debt Relief – the feds haven’t approved any in over a year
Sanctions and Irony and Fraud, Oh My!
- Facebook Lost Control of Our Data. Now paying record $5 billion fine
For Your Blog
Have a Capital One Credit Card? Then take these 5 steps
IN CASE YOU MISSED IT . . .
A Well-Deserved Thank You to Attorneys Who Represent Debtors . . .
Ordinary Heroes Deliver Second Chances with Bankruptcy
“With your help, a mother or father can enjoy their child’s soccer game without fear that a tow truck might show up at the game and take their car, or show up at their door when they have guests or a myriad of other embarrassing situations.”
Be sure to check-out the NEW comments at the end of this article.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
IN THE NEWS (Not password protected)
RETAIL UPDATE (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 29, 2019
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A Well-Deserved Thank You to Attorneys Who Represent Debtors . . .
Ordinary Heroes Deliver Second Chances with Bankruptcy
Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 3 of 5
Meet A Newish Trustee
From the IRS
IRS Attempting to Collect on Virtual Currency
From the Judiciary
Student Loan’ify
New Bankruptcy Program Seeks to Help People Saddled with Student Debt; 2.4 Million Floridians Owe $85.5 Billion
Save the Date: September 25, 1:00 eastern WEBINARSee also:
From the Courts
- In case you missed this . . . United States Department of Justice Executive Office for United States Trustees Report to Congress: Criminal Referrals by the United States Trustee Program Fiscal Year 2018
From the National Consumer Bankruptcy Rights Center
City Did Not Violate Stay by Failing to Rescind Warrant
Student Loan Chronicles
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
RETAIL UPDATE (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 22, 2019
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Due to the Annual NACTT Conference, Shout Out to NACTT Indianapolis Attendees. |
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NEW – Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5
A very popular article from last week . . .
Unscheduled Creditor May Not File a Late Proof of Claim
Unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A).More from this author:
Tips and Traps: Issuing A Subpoena for Bank Records
Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit
Trustee May Use Any Law Available to Avoid a Transfer
ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value
From the UST
For Your Blog
Successful Side Hustlers Share Their Best Secrets
Sanctions and Irony and Fraud, Oh My!
- (A popular link from last week) This Is Where Robocalls Are Coming From (And Where They Are Targeting)
IN CASE YOU MISSED IT . . .
Court Supervised Student Loan Modification
“The Order provides for use of online software to assist Debtors with student loan repayment options.”See also original article: Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy
Watch for a webinar on this topic in September!!
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July 15, 2019
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Archives |
Unscheduled Creditor May Not File a Late Proof of Claim
Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5
ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value
Another issue concerns Chapter 7 trustees who would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for the full lien amount and exemption. In doing so, the trustee delays the debtor’s ability to use the asset as part of the fresh start.
See also previous recommendations:
A Chapter 7 Trustee’s Sale of Encumbered Property
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
From the Courts
- United States Department of Justice Executive Office for United States Trustees Report to Congress: Criminal Referrals by the United States Trustee Program Fiscal Year 2018
Chapter 12/Farmers in the News
- House Judiciary Committee Advances Farmer Bankruptcy Assistance – Bill expands debt cap to be covered under Chapter 12 bankruptcy to $10 million.
From the National Consumer Bankruptcy Rights Center
Debt for Overpayment of DSO Not Itself DSO
Student Loan Chronicles
Broken Promises: Teachers Sue U.S. Over Student Loans That Weren’t Forgiven
For Your Blog
- Secrets to Credit Score Success – How to keep track of your score, get it as high as possible—and keep it that way
Sanctions and Irony and Fraud, Oh My!
- Biggest Complaints About Debt Collectors – 6 ways a debt collector may be breaking the law
- Struggling to Pay Student Loans? You could be targeted by scammers
IN CASE YOU MISSED IT . . .
Court Supervised Student Loan Modification
“The Order provides for use of online software to assist Debtors with student loan repayment options.”
See also original article: Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
RETAIL UPDATE (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 8, 2019
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Archives |
Critical Case Comment
Court Supervised Student Loan Modification
“The Order provides for use of online software to assist Debtors with student loan repayment options.”
See also original article: Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy
ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property
The Commission heard from several individuals and attorneys that related tales of Chapter 7 trustees negotiating a “carve out” with a lienholder on the debtor’s real property when there was no equity available in the property. This article addresses the Commission’s recommendations regarding prevention of such “carve out.”
Click here to register for the NACTT conference
See also:
Judicial Estoppel
Statement of Intention: Deadlines and Consequences
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
From the United States Courts
Judiciary Creates Public User Group for PACER
Farmers in the News
- Relief Urged for Family Farmers Facing Bankruptcy – Legislation would ease process of reorganizing debt through Chapter 12 bankruptcy rules.
Don’t register – just show up for the Chapter 12 conference July 15-16 in Indianapolis. Click here for more information.
On the Judiciary
Balls and Strikes: New Bankruptcy Court Chief Judge is also a hall of fame baseball umpire
Student Loan Chronicles
- Student Loan Borrowers with Cancer Are Supposed to Get a Break from Their Bills. That’s not happening – More than nine months after the law took effect, borrowers still can’t get the cancer deferment.
For Your Blog
- Student Debt Relief Phone Calls: Playing nice or simply scams?
- Savvy Senior: Can a debt collector take my Social Security benefits?
IN CASE YOU MISSED IT . . .
What IS a Principal Residence?
IN THE NEWS (Not password protected)
HEALTHCARE AND DEBT (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
RETAIL UPDATE (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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July 1, 2019
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Happy Independence Day |
In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542
What IS a Principal Residence?
From the United States Courts
Judiciary Creates Public User Group for PACER
ABI Commission on Consumer Bankruptcy – Judicial Estoppel
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation
Dischargeability of Homeowner Association Fees
Definition of “Tax Return” for Purposes of Nondischargeability
Farmers in the News
Ohio Farmland Underwater – Big Trouble for Corn Industry
OLD Cases
See also previous Academy article:
I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case
By Helen M. Morris, on April 7th, 2019
Student Loan Chronicles
For Your Blog
7 Keys to Keeping Your House: Chapter 13 After You File
IN CASE YOU MISSED IT . . .
The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
(free access to Academy subscribers)
DEBT AND THE ECONOMY (Not password protected)
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How do you measure up??
