February 6, 2023
Archives
HHildebrand150v2

Critical Case Comment – Ignoring 3002.1 Will Cost You

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Mortgagee’s failure to disclose payment changes resulting from escrow adjustments and interest rate modifications compels the Court to order mortgagee to credit all undisclosed increases and subject it to sanctions, including attorney’s fees.
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Ahern continues an analysis of judicial decisions in the past year, with several actions in the Supreme Court selected for their procedural implications.
scotus

SCOTUS Grants Cert

(Not password protected)
The First Circuit held on direct appeal that § 106 unequivocally abrogates tribal sovereign immunity, even though the Code section does not mention Indian tribes. The Code’s reference to “governmental unit” was sufficient to include tribes within the definition found in § 101(27). The stay violation occurred in a Chapter 13 case, with the debtor having obtained a payday loan from a wholly owned subsidiary of the defendant Band of Lake Superior Chippewa Indians. In re Coughlin, 33 F.4th 600 (1st Cir. 2022).
ncbrc

NACTT 2023

Austin, Texas
July 27-29 Mark your calendar – RIGHT NOW

We can honestly say that this will be the hottest (in more ways than one) bankruptcy conference in many many years. Lots of hot topics/issues to discuss and we have the hottest speakers in the business lined up!!!!

courtscales

From the Courts

(Not password protected)
  • S.D. FL – Fort Lauderdale Division: New requirements/procedures for remote appearances at hearings, effective February 1, 2023. Review requirements/procedures on Judge Grossman’s Remote Appearances and Judge Russin’s Hearings webpages.
  • N.D. MS – Effective 2/1all parties are expected to appear in person for court proceedings, unless a hearing notice or court order provides otherwise. The Court will no longer routinely schedule court proceedings to be held by telephone or video.
openposition

Positions Available

(Not password protected)
  • E.D. Tennessee (Knoxville) – Trusteeship – Application Deadline 3/3/23
  • S.D. California – Judgeship – Application Deadline 2/9/23
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
January 30, 2023
Archives
HHildebrand150v2

Critical Case Comment – Free Parking

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed.

HaleAntico

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

By Hale Andrew Antico, Esq. (Los Angeles, CA)
Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy.
ncbrc
courtscales

From the Courts

(Not password protected)
  • S.D. FL – Fort Lauderdale Division: New requirements/procedures for remote appearances at hearings, effective February 1, 2023. Review requirements/procedures on Judge Grossman’s Remote Appearances and Judge Russin’s Hearings webpages.
  • N.D. MS – Effective 2/1all parties are expected to appear in person for court proceedings, unless a hearing notice or court order provides otherwise. The Court will no longer routinely schedule court proceedings to be held by telephone or video.
cfpb

From the CFPB

(Not password protected)

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

openposition

Positions Available

(Not password protected)
  • W.D. Texas – Judgeship – Application Deadline 2/6/23
  • S.D. California – Judgeship – Application Deadline 2/9/23
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
January 23, 2023
Archives
Twomey

Justice Department Announces New Director of the U.S. Trustee Program

Congratulations Tara Twomey!

Click here for Press Release

Click here for Biography

HHildebrand150v2

Critical Case Comment – How Much Is It Worth – Then/Now?

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

On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property.

meridethakers

Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?

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

Mr. Akers brings us the next installment in our Human Resources series.

“Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do I have to pay normal payroll taxes, provide workers’ compensation insurance, pay unemployment taxes, or include the person in company benefit programs?”

doll

Doll – No Fee for Trustee Without Confirmed Plan

(Not password protected)
Stay tuned for an analysis of this case next week.
hunt

Congratulations Judge Hunt

(Not password protected)
President Biden Names Twenty-Ninth Round of Judicial Nominees – Bankruptcy Judge LaShonda A. Hunt Nominee for the United States District Court for the Northern District of Illinois
bankruptcycourt

Congratulations New Committee Members

(Not password protected)
  • Click here to see New Appointees to the Northern District of Illinois Bankruptcy Court Rules Committee
studentloanchronicles

Student Loans Chronicles

(Not password protected)
openposition

Positions Available

(Not password protected)
  • W.D. Texas – Judgeship – Application Deadline 2/6/23
  • S.D. California – Judgeship – Application Deadline 2/9/23
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Lawyer Accused of Stabbing Another Lawyer After Nursing a Grudge for Years (Not bankruptcy related but . . . I mean, a lawyer stabbed a lawyer . . . )

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
January 16, 2023
Archives

ahern

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 – More on Arbitration Procedure

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern continues his second annual year-end review of developments in bankruptcy procedure, which began by summarizing 2022’s changes in the Code and the amendments of the Bankruptcy Rules that took effect December 1. This week, he begins an analysis of judicial decisions in the past year, selected for their procedural implications, starting with one recent federal decision denying arbitration.
gustafson

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

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio
Case Law To Consider, who can oppose; the problem with ‘payments under the plan’; and much much more. An extensive outline from Judge Gustafson with edits by Attorney Nicole Noll.
HHildebrand150v2

From the archives is an important case regarding payment of student loans as long-term debts.

Critical Case Comment

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

The classification of student loan obligations in a Chapter 13 case is not necessarily prohibited, and it can assist debtors and implement the goals of the bankruptcy system, and thus can work a “fair” discrimination to pay student loans a distribution greater than other unsecured creditors in the plan. In re Engen, 561 B.R. 523 (Bankr. D. Kan. 2016)

Also of interest:

Critical Case CommentIn re Kane – It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors.

studentloanchronicles

Student Loans Chronicles

(Not password protected)
fromthecourts

From the Courts

(Not password protected)
ncbrc
openposition

Positions Available

(Not password protected)
  • W.D. Texas – Judgeship – Application Deadline 2/6/23
  • S.D. California – Judgeship – Application Deadline 2/9/23
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

 

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
January 9, 2023
Archives
michaeljoseph

Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

By Michael B. Joseph
“What alternatives might be used to address the limitations faced by cases in the 84-month disappearing plan territory? Life happens to chapter 13 debtors.”
HHildebrand150v2

Critical Case Comment – Should’a Returned the Car

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Post-petition repossession of debtor’s automobile, deliberate indifference to debtor’s request for return and ignoring hearings before the Court merit not only award of damages for violation of the stay but substantial punitive damages.
walsh

From the Eastern District of Missouri

(Not password protected)

Brian C. Walsh appointed United States Bankruptcy Judge effective January 17, 2023. Click here for more information.

cfpb

From the CFPB

(Not password protected)

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

nclc

Free From NCLC

(Not password protected)
fromthecourts

From the Courts

(Not password protected)
ncbrc
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

foryourblog

For Your Blog

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

Save for Retirement Now, Get a Tax Credit Later: Saver’s Credit higher limits can help low- and moderate-income workers save more in 2023

January 2, 2023
Archives
HHildebrand150v2

Critical Case Comment – New Bankruptcy Term: “Sale Plan”

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Confirmation of a “sale” plan (proposing the sale of the debtor’s principal residence) depends on how quickly the sale will be consummated, milestones established, and consequences for failing to meet deadlines.
lynch-brian-judge

The Future of CM/ECF

(Not password protected)
By Honorable Brian D. Lynch, United States Bankruptcy Judge, Western District of Washington
“The AO’s Department of Program Services has already begun developing a new CM/ECF with a product team.”
Scolforo

From the Archives –A very popular item from September

Did You Really Rely Upon That?

By Angela Scolforo, Staff Attorney to Herbert L. Beskin (Charlottsville, VA)

“The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement.”

Yep, you read that right! One take-away PREP YOUR WITNESS!

audit

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

(Not password protected)
Effective March 13, 2023, the USTP will resume its designation of individual chapter 7 and chapter 13 cases for audit. These audits previously had been suspended in March 2020 due to public health concerns associated with the COVID-19 pandemic.
fromthecourts

From the Courts

(Not password protected)

Reminder: In most districts, you need to continue to carry a face covering with you – the notice to wear (or not) can change at a moments notice!

ncbrc

From NCBRC

(Not password protected)
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
December 19, 2022
Archives

TomDeCarlo

Yet Another Reason Why the Means Test is “Broken”

By Thomas D. DeCarlo, Osipov Bigelman, P.C. (Southfield, MI)
The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic.In this case out of Idaho, a below median debtor turned above median due to employer paid benefits – benefits debtor had no liberty to deny.
HHildebrand150v2

Critical Case Comment – Ya Gotta Tell SOMEBODY!

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

Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated.

See also:

Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition
By Angela M. Scolforo

audit

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

(Not password protected)
Effective March 13, 2023, the USTP will resume its designation of individual chapter 7 and chapter 13 cases for audit. These audits previously had been suspended in March 2020 due to public health concerns associated with the COVID-19 pandemic.
nclc

Free From NCLC

(Not password protected)

Celink has framed it to us that Compulink (a related company) is really the entity taking over the sub-servicing of HUD-assigned HECMs from Novad, and has told us that there is a wall between Celink and Compulink (different employees, different systems). . . . click here for more

If you have clients with HUD-owned HECMs (formerly with Novad and now, as of Dec 12, they’ll be getting statements from Compulink), who have property charge arrearages they are concerned about or are trying to get HAF, please email me at smancini@nclc.org about those clients.

wellsfargo

Harlow v. Wells Fargo

(Not password protected)
“The court made several important holdings concerning relief available under the rule. The court addressed whether Rule 3002.1 creates a private cause of action and whether punitive damages are allowed. The court found that a disclaimer on the notice filed does not rid the notice of false information which is sanctionable under Rule 3002.1. The court found that actual filed notices of forbearance and simple docket entries notifying the court of the forbearance were sanctionable under Rule 3002.1. The court also found that “by the thinnest of margins” these notices violated 11 U.S.C. § 362(a)(3) did not violate 11 U.S.C. §362(a)(6). The court then held it had the inherent authority under 11 U.S.C. § 105 to address claims of abuse of process and contempt of court. However, the court dismissed a count for fraud upon the court, not because it didn’t have the authority to rule, but rather that a plausible claim was not pled. Finally, the court found it had jurisdiction to issue contempt orders for actions pending outside of the district.”
fromthecourts
ncbrc

From NCBRC

(Not password protected)
studentloanchronicles

Student Loans Chronicles

(Not password protected)
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
December 19, 2022
Archives

TomDeCarlo

Yet Another Reason Why the Means Test is “Broken”

By Thomas D. DeCarlo, Osipov Bigelman, P.C. (Southfield, MI)
The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic.In this case out of Idaho, a below median debtor turned above median due to employer paid benefits – benefits debtor had no liberty to deny.
HHildebrand150v2

Critical Case Comment – Ya Gotta Tell SOMEBODY!

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated.
See also:
Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition
By Angela M. Scolforo
audit

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

(Not password protected)
Effective March 13, 2023, the USTP will resume its designation of individual chapter 7 and chapter 13 cases for audit. These audits previously had been suspended in March 2020 due to public health concerns associated with the COVID-19 pandemic.
wellsfargo

Harlow v. Wells Fargo

(Not password protected)
“The court made several important holdings concerning relief available under the rule. The court addressed whether Rule 3002.1 creates a private cause of action and whether punitive damages are allowed. The court found that a disclaimer on the notice filed does not rid the notice of false information which is sanctionable under Rule 3002.1. The court found that actual filed notices of forbearance and simple docket entries notifying the court of the forbearance were sanctionable under Rule 3002.1. The court also found that “by the thinnest of margins” these notices violated 11 U.S.C. § 362(a)(3) did not violate 11 U.S.C. §362(a)(6). The court then held it had the inherent authority under 11 U.S.C. § 105 to address claims of abuse of process and contempt of court. However, the court dismissed a count for fraud upon the court, not because it didn’t have the authority to rule, but rather that a plausible claim was not pled. Finally, the court found it had jurisdiction to issue contempt orders for actions pending outside of the district.”
fromthecourts
ncbrc

From NCBRC

(Not password protected)
studentloanchronicles

Student Loans Chronicles

(Not password protected)
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
December 12, 2022
Archives
Scolforo

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

By Angela Scolforo, Staff Attorney to Herbert L. Beskin (Charlottsville, VA)
Court granted the Chapter 13 Trustee’s motion to modify the plan to require the Debtor to repay some of the $29,250 of disposable income he retained by not making his mortgage payments during an 18-month Covid forbearance.
HaleAntico

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

By Hale Andrew Antico, Esq. (Los Angeles, CA)
What is a Fulton ruling and what does each Circuit have to say about it??
HHildebrand150v2

Critical Case Comment – Fair Discrimination: A Win/Win

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income.
studentloanchronicles

Student Loans Chronicles

(Not password protected)

We know the new developments regarding student loans are at the top of your “Gotta Get On Top of This” list.

Still Time to REGISTER for our upcoming webinar:

Student Loans in Chapter 13 Going Forward

Thursday, December 15th – 3:30 Eastern/2:30Central/1:30 Mountain/12:30 Pacific

Join our panel of experts* as they discuss the specifics of the brand new DOJ Guidelines, how they are geared to streamline the process, how they will impact debtors’ counsel and Chapter 13 Trustees’ offices, and what can be done to help make the program more successful.

*Moderator: Scott Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania and NACTT Student Loan Committee Chair
John Rao, Esq., National Consumer Law Center
Joshua Cohen, Esq., The Student Loan Lawyer
Edward Boltz, Esq., Law Offices of John T. Orcutt

openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
foryourblog

For Your Blog

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

From ncbarblog.com

(Not password protected)
December 5, 2022
Archives
unprofessional

How to Manage Unprofessional and Discourteous Attorneys

By the NACTT Emeritus Trustee Committee
“Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. . . . The volume of argument is loud . . . What to do? We asked the Emeritus Trustees and here are some recommendations:”
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern continues his second annual year-end review of developments in bankruptcy procedure, summarizing this year’s changes in the Code and the amendments of the Bankruptcy Rules that took effect December 1st. In Part 1, he started with the statutory changes and the rules with amendments that do not relate to the Small Business Reorganization Act of 2019. In Part 2, he continued with changes prompted by SBRA. This week, he concludes his review of rules changes, which will be followed by an analysis of judicial decisions in the past year selected for their procedural implications.
HHildebrand150v2

Critical Case Comment – The Plan Rules

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be controlled by the specific term of the plan provision and not by the proof of claim.
jump

Knowledge Nugget from Jay S. Jump, CEO, CertificateofService.com

The U.S. Bankruptcy Court has amended FRBP Rule 7004. What does this mean for you?

Well… instead of naming the Agent or Officer at an Insured Depository Institution, you can be compliant under Rule 7004 by just addressing that individual by their Position or Title.How exciting! See below for the amended rule!

Rule 7004. Process; Service of Summons, Complaint
* * * * *
(i) SERVICE OF PROCESS BY TITLE. This subdivision (i) applies to service on a domestic or foreign corporation or partnership or other unincorporated association under Rule 7004(b)(3) or on an officer of an insured depository institution under Rule 7004(h). The defendant’s officer or agent need not be correctly named in the address – or even be named – if the envelope is addressed to the defendant’s proper address and directed to the attention of the officer’s
or agent’s position or title.

berniecedonald

Well Deserved Award

(Not password protected)
courtscales

From the Courts

(Not password protected)

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

D.S.C. – Honorable David R. Duncan to retire

nclc

Free From NCLC

(Not password protected)

Effective December 1, New Rules Simplify a Consumer Bankruptcy Practice

By John Rao, Esq.
studentloanchronicles

Student Loans Chronicles

(Not password protected)

We know the new developments regarding student loans are at the top of your “Gotta Get On Top of This” list.

REGISTER NOW for our upcoming webinar:

Student Loans in Chapter 13 Going Forward

Thursday, December 15th – 3:30 Eastern/2:30Central/1:30 Mountain/12:30 Pacific

Join our panel of experts* as they discuss the specifics of the brand new DOJ Guidelines, how they are geared to streamline the process, how they will impact debtors’ counsel and Chapter 13 Trustees’ offices, and what can be done to help make the program more successful.

*Moderator: Scott Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania and NACTT Student Loan Committee Chair
John Rao, Esq., National Consumer Law Center
Joshua Cohen, Esq., The Student Loan Lawyer
Edward Boltz, Esq., Law Offices of John T. Orcutt

openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
foryourblog

For Your Blog

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

In Case You Missed It . . . (This case cracks me up.)

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law.
November 28, 2022
Archives

So that ConsiderChapter13.org staff can spend time with friends and family during the holiday weekend, we bring you an abbreviated issue this week.

Plus, this DOJ/Student Loan stuff is a LOT –Aren’t you happy for another week to absorb it!!

Guidance from DOJ on How It Will Evaluate Discharge in Bankruptcy of Student Loans Going Forward

(Not password protected)
ncbrc
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
November 21, 2022
Archives

bride

An Update on Student Debt Relief and What this Means for Chapter 13 Practitioners

By MaryAnn Bennett Bride, Esq.
What is the Student Debt Relief Plan? Status? What does it mean in Chpt 13?

HOT OFF THE PRESS

Guidance from DOJ on How It Will Evaluate Discharge in Bankruptcy of Student Loans Going Forward

(Not password protected)
HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law.
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
November 14, 2022
Archives
cmoran

When The Marital Community Doesn’t Get a Bankruptcy Discharge

(Not password protected)
By Cathy Moran, Esq. (Redwood City, CA)

“Community property works differently in bankruptcy. . . .The gotcha is that the holder of a nondischargeable claim must file a timely adversary in the innocent spouse’s bankruptcy case to get that determination of nondischargeabilty.”

In another effort to help ConsiderChapter13.org attorneys network, Attorney Moran has provided you with an excellent piece – Not Password Protected – to share with domestic relations attorneys in your area. This piece will educate them and make you look like a hero for sharing!!!

See Also:

Webinar: Marketing is Not a Dirty Word

ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern continues his second annual year-end review of developments in bankruptcy procedure, summarizing this year’s changes in the Code and the amendments of the Bankruptcy Rules that are to take effect December 1, absent Congressional action. In Part 1, he started with the statutory changes and the rules with amendments that do not relate to the Small Business Reorganization Act of 2019. This week, he continues with changes prompted by SBRA.
HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor must demonstrate extraordinary circumstances to justify the extraordinary relief of setting aside or “reconsidering” an order dismissing a Chapter 13 case.
maxgardner

Max’s Knowledge Nugget

Question: May a servicer charge to generate a payoff quote?

Answer: Click here

williamson

Passing of Judge

(Not password protected)
The United States Bankruptcy Court for the Middle District of Florida is deeply saddened to announce that the Hon. Michael G. Williamson passed away on November 3, 2022.
courtscales
ncbrc
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

State Supreme Court Doubles Down on This Guy Not Being Allowed in Courtrooms (Not bankruptcy related but worth the quick read.)

November 7, 2022
Archives
happydays

A Little Good News

(Not password protected)

October Individual Chapter 13 Bankruptcies Increase 27% Over Last Year

Happy Days Are Here Again (Well, maybe not THAT happy but we’ll take all the good news we can get!)
ahern

2022 Bankruptcy Procedure Year in Review: Revised Statute/Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA

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

This week, Larry Ahern begins his second annual year-end review of developments in bankruptcy procedure, summarizing this year’s Code amendments and the changes in the Bankruptcy Rules that are to take effect December 1, 2021, absent Congressional action. In Part 1, he starts with the statutory changes and the amendments of rules that do not relate to the Small Business Reorganization Act of 2019.

Coming Attractions

Part 2 will include a summary of rules changes that do relate to subchapter V cases and then we will see how the court shave also given us important rules and guidance during the past year, as they have applied the rules and various Code provisions. STAY TUNED!!

HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Although the retention of collateral validly repossessed prior to the filing of the petition does not violate the stay, the sale of that property does violate the stay and the sale is void. (Bonapfel)
meridethakers

Character Counts

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

We offer Character Counts not password protected so that subscribers may share it at will. In today’s world, it appears those with good character are harder and harder to find.

“Smart fashion designers design clothing that creates the illusion that people are something they are not. . . true character is not about giving the illusion . . . Sound character is having virtuous core values and living a life that is always true to one’s virtuous core values.

bankruptcymeanstest

Median Income Rate Change

(Not password protected)

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

courtscales

From the Courts

(Not password protected)
cfpb

CFPB Unconstitutional – ? or !

(Not password protected)
ncbrc
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
October 31, 2022
Archives

AlexSchmidt

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

By Alexander Schmidt and The Honorable John P.Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo)

gustafsonAn oldie but goodie from the archives . . .

“You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash.”

cmoran

Why Creditors Should Get Less in Chapter 13

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

“Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble.

Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% . . . Shame on us!”

HHildebrand150v2

Critical Case Comment – No Mulligans for Gardners

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

In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b).

“Such, however, does not include ‘I just needed more time’ or, ‘I did not realize that you were serious.’”

littlecar

An important decision . . .

In re Grisham

(Not password protected)
A new opinion from the N.D. of Texas which includes the Court’s instructions on requirements for a valid reaffirmation agreement and when approval may be denied based on undue hardship.
bankruptcymeanstest

Median Income Rate Change

(Not password protected)

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

courtscales
cfpb

From the CFPB

(Not password protected)
ncbrc
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
October 24, 2022
Archives
NalikoMarkel

The Cloud Cometh

By Naliko Markel, Chapter 13 Standing Trustee for the District of Oregon (Eugene)
“The jury is still out on which solution is best for you, some will advocate for a platform such as Microsoft’s Azure, and some will advocate for a custom private solution such as QC Networks’ 13trustee.cloud.” Regardless the platform, Cloud storage is here, like it or not!
HHildebrand150v2

Critical Case Comment – Repeat: No Fee Splitting

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that it constitutes an unauthorized splitting of attorney’s fees.
rmichaelsmith

Continuing the Student Loan Discussion

Student Loans Debacle – Part II: Failure to Forgive – The Ticking Time-Bomb

(Not password protected)
by R. Michael Smith, Esq.

“. . . the responsible policing of bankruptcy cases can prevent systematic abuses of the bankruptcy processes. Attorneys, trustees, and judges are all aware of the differences between a single mother of three and a just-graduating physician, attorney, engineer, architect, accountant, or other professional.”Click here for Part I

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

The Student Loan Solution

(Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

HHildebrand150v2

Last week, we ran Henry Hildebrand’s proposals for a solution of the student loan issue.

Here are the comments received to date:

    1. In my opinion, this is a brilliant idea. It is a solution which avoids the enormous challenges of amending the Code, tailors relief to those who need it the most, using readily available information. My Congressional delegation will definitely be getting a copy of this. If you like the idea as much as I do, you may want to share it with your reps in Congress too. Jan.

 

    1. I feel constrained to say that the suggestions are beyond absurd, quite frankly ludicrous, i.e., requiring bankrupt debtors to retain their attorneys to file not just one but possibly 2 adversary proceedings. In The name of sanity indecency any solution must follow the KISS principle, which we all learned in the first year of our legal education “keep it simple stupid”.My understanding is that the Income Based and income contingent repayment plans for federally backed loans are not onerous and were not onerous even before Biden recently reduced the minimum monthly payment requirement and half.Perhaps if good faith student loan borrowers who fund their education on the backs of the American taxpayer, who pays their bills and taxes historically, the student loan should just be dischargeable like all other debts after a certain number of years of participating in these generous DEPARTMENT OF EDUCATION programs. Marc Alster

 

  1. My comment is about part 2 re: hardship for individuals whose taxable income in the previous two tax years totaled less than 175% of the poverty level in the United States to repay the student loan. I think that there should be something added that would prevent the student loan creditors from attributing the income of the individual’s spouse to the individual borrower. The spouse did not co-sign the loan and probably was not even married to the borrower when the loans were obtained, and the spouse’s income should not be a factor especially when in most circumstances the spouse is not liable for and not willing to pay the student loan. The borrower may have a lot less income than the spouse and it would not be fair to consider the spouse’s income but since they go by the tax returns and taxable income they consider “household” income. It should be “individual” and not “household” income that is considered when determining whether the loan is a hardship. I think this situation is probably very common and if we are going to dream big about student loan forgiveness we might as well include this dream as well. Great job Hank! Patricia Remer

PLEASE FEEL FREE TO ADD YOUR COMMENTS HERE OR AT THE END OF THE ARTICLE IN THE “LEAVE A REPLY” SECTION

littlecar

In re Grisham

(Not password protected)
A new opinion from the N.D. of Texas which includes the Court’s instructions on requirements for a valid reaffirmation agreement and when approval may be denied based on undue hardship.
bankruptcymeanstest

Median Income Rate Change

(Not password protected)

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

farmerfield

Farmers in the News

(Not password protected)
mignault

Southern West Virginia Names Chief Judge

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • W.D. MO – ECF unavailable Friday 10/28 at 12 noon through 10/30 CST
  • S.D. NY – ECF unavailable Friday 10/28 at 10:00 am until 8:30 am 10/31
  • E.D. WA – Brian M. Sheehan selected as Clerk of Court effective 11/1.
  • N.D. IL – Resumption of In-Court Operations 11/7/22
cfpb

From the CFPB

(Not password protected)
studentloanchronicles

Student Loans Chronicles

(Not password protected)
ncbrc

From NCBRC

(Not password protected)
openposition

Positions Available

(Not password protected)
  • S.D. California – Judgeship – Application Deadline 2/9/23
  • N.D. Ohio – Judgeship – Application Deadline 10/28/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
October 17, 2022
Archives
HHildebrand150v2

The Student Loan Solution

(Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

“. . . any comprehensive solution is decades in the future . . . However, . . . there is a way Chapter 13 can provide a vehicle to facilitate the Department of Education, the trustee community, the consumer bar and the judiciary to craft a solution that will provide light in that dark tunnel.”

PLEASE FEEL FREE TO ADD YOUR COMMENTS HERE OR AT THE END OF THE ARTICLE IN THE “LEAVE A REPLY” SECTION

TomDeCarlo

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

By Thomas D. DeCarlo, Osipov Bigelman, P.C. (Southfield, MI)
“. . . still not the end of the story. Remember, Rule 3002.1 allows the Court to not only preclude the Lender from offering conflicting evidence, but Rule 3002.1 also allows the Court to award sanctions including attorney fees and costs.”
rapoport

We apologize for the incorrect link to this article last week.

Ask Ms. Ps & Qs

By Nancy B. Rapoport, UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
“ . . . Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing counsel sends me an email that I think was meant for (1) another atty in opposing counsel’s office; (2) opposing counsel’s client; (3) an expert witness; or someone other than, well, me, what should I do? And what should the opposing counsel do upon discovering the mishap?”
quiztime

In re Goodwin

(Not password protected)

MONDAY MORNING POP QUIZ:

  • Which approach does your Circuit use to determine the extent of postconfirmation estate property when vesting occurs at confirmation? Answer:_________________
  • If you are unable to fill-in the blank, turn to the discussion starting at page 22 for multiple choice options.
courtscales
ncbrc
openposition

Positions Available

(Not password protected)
  • N.D. Ohio – Judgeship – Application Deadline 10/28/22
  • N.D. Mississippi – Term Law Clerk – Application Deadline 10/25/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
October 10, 2022
Archives
falllake

Happy Day Off from Court!

ckelly

Courts are Expanding the Protections of Bankruptcy Rule 3002.1

By Cameron Kelly, Quinn Emanuel (Houston, TX) and Deborah Langehennig, Chapter 13 Standing Trustee for the Western District of Texas (Austin)
langehennig“Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements.”
keepcalmcarryon

Keep Calm and Carry On – Observations Regarding CBRA

(Not password protected)
By Henry E. Hildebrand, III

“First, breathe deep and try to relax. . . .There are miles to go before the CBRA has any chance of becoming law.”

See also:

rapoport

Ask Ms. Ps & Qs

By Nancy B. Rapoport, UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
“ . . . Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing counsel sends me an email that I think was meant for (1) another atty in opposing counsel’s office; (2) opposing counsel’s client; (3) an expert witness; or someone other than, well, me, what should I do? And what should the opposing counsel do upon discovering the mishap?”
agresti

Judge to Retire

(Not password protected)
courtscales
studentloanchronicles

Student Loans Chronicles

(Not password protected)
More than 100 Lawmakers Urge the Biden Administration to Extend Public Service Loan Forgiveness Waivers – Although the Education Department has proposed regulations to make permanent many provisions of a temporary waiver program aimed at making the popular program easier to navigate, those rules won’t take effect until next year.
ncbrc
openposition

Positions Available

(Not password protected)
  • N.D. Ohio – Judgeship – Application Deadline 10/28/22
  • W.D. Washington – Term Law Clerk – Application Deadline 10/28/22
  • E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
  • N.D. Mississippi – Term Law Clerk – Application Deadline 10/25/22
  • W.D. Tennessee – Trusteeship – Application Deadline 10/15/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
October 3, 2022
Archives
TomDeCarlo

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

By Thomas D. DeCarlo, Osipov Bigelman, P.C. (Southfield, MI)
“Courts are struggling to figure out the correct balance and to reconcile the apparent conflict between §§ 1306 and 1327 (and potentially § 541).”
ahern

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

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week Ahern continues to explore whether a professional’s success has a bearing on the fee that may be allowed in bankruptcy and to focus on a recent Sixth Circuit decision cutting a fee by half after an unsuccessful engagement.
HHildebrand150v2

Critical Case Comment – Service Counts

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Debtor’s filing application to extend or impose the automatic stay must comply with the service requirements of Rule 7004 as to all creditors or the stay cannot be imposed or extended. Not to mention 3 filings in the same day and other issues.
huh

Well, It Did Happen

(Not password protected)

Senator Warren and Representative Nadler Reintroduce the Consumer Bankruptcy Reform Act

creolajohnson

Popular from last week . . .

Interesting New Bankruptcy Study

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

(Not password protected)
Study by Professor Creola Johnson from THE Ohio State University, Moritz School of Law
“. . . a debtor learned that her five children – two biological children and three stepchildren – counted as only 2.59 members of her household . . .”
courtscales

From the Courts

(Not password protected)
  • W.D. PA – The Honorable Gregory L. Taddonio has been appointed Chief Judge of the United States Bankruptcy Court for the Western District of Pennsylvania effective 9/23/22
  • M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.
openposition

Positions Available

(Not password protected)
  • N.D. Ohio – Judgeship – Application Deadline 10/28/22
  • W.D. Washington – Term Law Clerk – Application Deadline 10/28/22
  • E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
  • W.D. Tennessee – Trusteeship – Application Deadline 10/15/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
September 26, 2022
Archives
HaleAntico

Quick Confirmation – BAP Says Not so Fast

By Hale Andrew Antico, Esq. (Los Angeles, CA)
In looking at multiple areas of a confirmed but appealed Chapter 13 case, the 9th Circuit BAP struggled because there were no findings of fact or conclusions of law by the Bankruptcy Court.
HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where a debtor and debtor’s counsel initiated a Chapter 13 petition in an effort to halt a foreclosure against property held by the debtor’s LLC, and where the debtor took no steps to correct the filing, sanctions would be imposed against debtor’s counsel.
Jan-Hamilton

“Jan Hamilton” – Need We Say More?

(Not password protected)
By Teresa L. Arnold, Staff Attorney to Trustee Carl B. Davis (Wichita KS)

Happy Retirement Jan!!

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

creolajohnson

Interesting New Bankruptcy Study

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

(Not password protected)
Study by Professor Creola Johnson from THE Ohio State University, Moritz School of Law
“. . . a debtor learned that her five children – two biological children and three stepchildren – counted as only 2.59 members of her household . . .”
retirementahead

Fond Farewell to Alabama Trustee

(Not password protected)

Dear Danny,

“. . . we couldn’t let this moment pass without acknowledging how admired and respected you are.”

ncbrc

From NCBRC

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • W.D. PA – The Honorable Gregory L. Taddonio has been appointed Chief Judge of the United States Bankruptcy Court for the Western District of Pennsylvania effective 9/23/22
  • M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.
studentloanchronicles

Student Loans Chronicles

(Not password protected)

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

openposition

Positions Available

(Not password protected)
  • E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
  • D. Massachusetts – Trusteeship – Application Deadline 10/3/22
  • D. Rhode Island – Trusteeship – Application Deadline 10/3/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
September 19, 2022
Archives
ahern

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees – Part 1: Judicial and Legislative Background

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

Larry Ahern this week explores whether a professional’s success has a bearing on the fee that may be allowed in bankruptcy and focuses on a recent Sixth Circuit decision cutting a fee by half after an unsuccessful engagement.

“Chapter 13 debtors and their counsel may like the result in the case, because it gives them another tool for keeping the cost of professional services under control. However, the “results obtained” measure can cut both ways.”

HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Insurance proceeds generated due to a totaled car treated under the “hanging paragraph” of 1325(a) covers the entire claim; interest, however, is not recalculated even though it was a higher rate than the interest paid under the plan.
rmichaelsmith

The Student Loan Debacle: Causes & Cures

By R. Michael Smith, Esq., Cincinnati, Ohio
“As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well.”
bernicedonald

Former Bankruptcy Judge and NACTT 2021 Featured Speaker Honored

(Not password protected)
Federal Appeals Court Judge Bernice Donald to Receive Sandra Day O’Connor Award for Outstanding Contributions to Justice
joannstevenson

From the Western District of Michigan

(Not password protected)
cfpb

From the CFPB

(Not password protected)

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

ncbrc

From NCBRC

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.
  • M.D. NC – U.S. Court of Appeals for the Fourth Circuit has selected John Paul “JP” H. Cournoyer, of Chapel Hill, N.C., to fill the Bankruptcy Administrator vacancy in the Middle District of North Carolina created by William Miller’s upcoming retirement.
  • M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
  • M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
studentloanchronicles

Student Loans Chronicles

(Not password protected)

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

openposition

Positions Available

(Not password protected)
  • D. Massachusetts – Trusteeship – Application Deadline 10/3/22
  • D. Rhode Island – Trusteeship – Application Deadline 10/3/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
September 12, 2022
Archives
NicoleNoll

Bankrupt Attorney Cannot Discharge State Court Sanctions

By Nicole Noll, Esq., Law Offices of Jeffrey M. Sirody & Associates, P.A. (Baltimore, MD)

This case has it all –sex (albeit alleged), lies, drugs, and a big’o’ fat sanction at the end!

“In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6) and that the state court proceeding precluded litigating the issue in bankruptcy.”

NicoleNoll

Did You Really Rely Upon That?

By Angela Scolforo, Staff Attorney to Herbert L. Beskin (Charlottsville, VA)

“The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement.”

Yep, you read that right! If you’ve been around consumer practice a while, you may have attended one of Judge Lundin’s Advanced Bankruptcy Institutes – in those workshops, there was ALWAYS a bank’s witness (thank you very much, Martin Keefer –  we love you!). This case reminds me of that . . . one take-away PREP YOUR WITNESS!

MJHayes

Demystifying Bankruptcy Appeals

(Reprinted with permission – Supplement to the Los Angeles and San Francisco Daily Journal, August 24, 2022)
By M. Jonathan Hayes, 9th Circuit BAP Law Clerk (Los Angeles, CA)
Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I.
barchart

By the Numbers

(Not password protected)
ncbrc
courtscales

From the Courts

(Not password protected)
  • M.D. NC – U.S. Court of Appeals for the Fourth Circuit has selected John Paul “JP” H. Cournoyer, of Chapel Hill, N.C., to fill the Bankruptcy Administrator vacancy in the Middle District of North Carolina created by William Miller’s upcoming retirement.
  • M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
  • M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
studentloanchronicles

Student Loans Chronicles

(Not password protected)

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

openposition

Positions Available

(Not password protected)
  • D. Massachusetts – Trusteeship – Application Deadline 10/3/22
  • D. Rhode Island – Trusteeship – Application Deadline 10/3/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
September 5, 2022
Archives

siegenthaler

More on Marketing/Networking

Continuing our efforts to offer marketing assistance to Debtor Attorneys, we produced a webinar outlining free and low-cost steps you can take, right now, to increase the number of times the phone rings or you get a text from potential clients.

All Academy webinars are free if you participate live. Access to recordings are a benefit of subscription or we offer a pay-per-view option.

Click here for the webinar: Marketing Is Not a Dirty Word with special guest Amy Seigenthaler, Managing Partner, FINN Partners Southeast

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

Each week, you see this header: For Your Blog (Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

The links in this ongoing category are meant for use as a springboard for unique articles in your newsletter and/or blog. Some items can be linked to directly, as we do here. Others can serve as a resource for you to cite in your own articles. A client newsletter does not need to be a scholarly essay – correction, SHOULD NOT be scholarly or long!

The main thing it needs to do is get your name/number in front of your previous clients in a manner that says, “I care about you” or “I’m thinking about you.”

It should not convey advertising!

Ideas of things to include: pictures of you engaging in a hobby; pictures of your pet(s); selfies (seriously, selfies sell! but use good discretion – no ‘hold my beer moments’); cost savings reminders; recipes for an inexpensive meal*; local flavor (i.e. Congratulations Pink Armadillos** on The Big Win); gardening tips; offer a discount code for a consultation; easy fitness/exercise/health tips; reminder to change/check car oil/batteries in smoke detectors; share your accolades (this IS a time to brag on yourself); answer questions – (i.e. you received a call from a potential client – put the question and your answer in an article); spotlight different staff members; add a Happy Birthday corner (i.e. Happy Birthday to all July Birthdays – I mean, you are bound to hit someone and if not, nobody knows anyway!).

Click here to share your ideas!

Remember, you can’t simply link to someone else’s work on every item in your newsletter – you MUST write original content!

We would also love to share examples of your newsletter with the group. Click here to upload.

*You cannot ‘steel’ most recipes from online – you MUST cite the source.
**Fill in your local team/athlete.

Additionally, we are providing the below resource – FREE. It is our hope that you can share it with Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

By Michael B. Joseph, Esq.

“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”

See also:

Critical Case CommentIn re McLemore (Also not password protected.)

cmoran

What’s It Worth . . . to Your Client . . . on the Open Market?

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

“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.

I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”

ustrustee

From the United States Trustee

(Not password protected)
practicetip

Practice Tip

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
  • M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
  • C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
  • C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
  • S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
nactt

Couldn’t make it to NACTT San Francisco?

Get the ENTIRE educational experience for
ONLY $150!

Individual sessions are also available.

studentloanchronicles

Student Loans Chronicles

(Not password protected)
openposition

Positions Available

(Not password protected)
  • D. Massachusetts – Trusteeship – Application Deadline 10/3/22
  • D. Rhode Island – Trusteeship – Application Deadline 10/3/22
  • W.D. Tennessee – Trusteeship – Application Deadline 9/15/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
August 29, 2022
Archives
michaeljoseph

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

By Michael B. Joseph, Esq.
(Not password protected)

“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”

We are providing this excellent resource to you FREE. It is our hope that you can share it with the Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.

See also:

Critical Case CommentIn re McLemore (Also not password protected.)

Molly

An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes

By Molly Simons, Senior Bankruptcy Counsel, Sottile & Barile Attorneys at Law (Loveland, OH)

“If you put your ear to the ground, you may hear the rumblings regarding a change to Bankruptcy Rule 3002.1 requiring the institution of a mid-case bankruptcy audit.

This mid-case audit would be like the Notice of Final Cure but would be performed by a trustee’s office in the middle of a pending Chapter 13, rather than at the end, and would still require a response be filed by secured lender.”

See also:

3002.01 Proposed Rule Changes: The Webinar
3002.1 The Dialogue Continues

HHildebrand150v2

Critical Case Comment – In the Windfalls Category

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
Something for everyone in this case comment. Unanticipated post-petition acquisitions, constituting property of the estate, can be captured for the purpose of repaying creditors.
sotomayor

Justice Sonia Sotomayor Spoke Out for Debtors. Bankruptcy Judges Listened.

(Not password protected)

(If you aren’t a subscriber to the National Law Journal, you will have to create an account to read the entire article. They give you one free article per month.)

The Judicial Conference Committee on Rules of Practice and Procedure approved for public comment a proposed amendment to the bankruptcy rules that was in response to a concurring opinion from Sotomayor in City of Chicago v. Fulton.

ustrustee
practicetip

Practice Tip

(Not password protected)

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

ncbrc
courtscales

From the Courts

(Not password protected)
  • M.D. AL – As of 10/1/22,new presumptive attorney fee in a chapter 13 case is $4,500
  • C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
  • C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
  • S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
  • S.D. GA – 9/1/22 the Honorable Susan D. Barrett will return to holding in-person hearings in the Augusta and Dublin Divisions
nactt

Couldn’t make it to NACTT San Francisco?

Get the ENTIRE educational experience for
ONLY $150!

Individual sessions are also available.

studentloanchronicles

Student Loans Chronicles

(Not password protected)
openposition

Positions Available

(Not password protected)
  • C.D. Illinois – Judgeship – Application Deadline 8/29/22
  • N.D. New York – Judgeship – Application Deadline 9/6/22
  • D. Massachusetts – Trusteeship – Application Deadline 10/3/22
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
August 22, 2022
Archives
HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where a Chapter 13 plan treats a claim secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant.
cmoran

What’s It Worth to You?

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

“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.

I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”

ustrustee
marketingstrategy

FREE WEBINAR

*** REGISTER NOW ***

“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern

In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!

nclc
courtscales

From the Courts

(Not password protected)
  • C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
  • C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
  • S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
  • S.D. GA – 9/1/22 the Honorable Susan D. Barrett will return to holding in-person hearings in the Augusta and Dublin Divisions
nactt

Couldn’t make it to NACTT San Francisco?

Get the ENTIRE educational experience for
ONLY $150!

Individual sessions are also available.

debt

Debt in America: An Interactive Map

(Not password protected)
This is really cool! Check it out.
openposition

Positions Available

(Not password protected)
  • W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
August 15, 2022
Archives
meridethakers

Put Me in Coach, I’m Ready to Play

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

The genial, insightful, learned Merideth Akers brings us another installment in our “Staff Corner” series. This series not only applies to Trustees’ offices but is applicable to everyone who manages/employs others.

More from the author:

HHildebrand150v2

Critical Case Comment – Be Careful What You Stipulate

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from discharge pursuant to 11 U.S.C. § 523(a)(6)”, the stipulation would not prevent the discharge of the claim based upon a breach of fiduciary duty, tortious interference with business relations, unfair competition, defamation, and conversion which resulted in a state jury verdict.
NicoleNoll

Meet New Trustee Brian Tucci

By Nicole Noll, Esq., Law Offices of Jeffrey M. Sirody & Associates, P.A. (Baltimore, MD)
In April, Brian Tucci started his appointment as the Chapter 13 Standing Trustee for Baltimore, Maryland.
marketingstrategy

FREE WEBINAR

*** REGISTER NOW ***

“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern

In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!

courtscales

New Clerk of Court

(Not password protected)
L. Jefferson (“Jeff”) Davis, IV, begins his service as Clerk of Court for the District of South Carolina on August 15, 2022.
ncbrc

From NCBRC

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
August 8, 2022
Archives
rapoport

Ms. Ps & Qs

By Nancy B. Rapoport, UNLV Distinguished Professor, the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada (Las Vegas)
“When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves . . . to deal with the mess.” Ouch – can you hear the benchslap from where you are?
HHildebrand150v2

Critical Case Comment – How Many Cats?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition.
Jaworski

Meet a Brand Spankin’ New Trustee

William F. Jaworski, Jr. – Bill – was appointed Chapter 13 Standing Trustee for the District of Delaware on April 1, 2022. Jaworski has very large shoes to fill as he is taking over for Michael Joseph upon his well-deserved retirement.
marketingstrategy

FREE WEBINAR

*** REGISTER NOW ***

“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern

In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!

paulbonapfel

Sub V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Paul W. Bonapfel, June 2022
Judge Bonapfel has updated his comprehensive resource on Sub V. Thank you, Judge Bonapfel!
ncbrc

From NCBRC

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
August 1, 2022
Archives
cmoran

Think Beyond the Means Test

By Cathy Moran, Esq. (Redwood City, CA)
“ . . . even the grey-beards can benefit by stepping back and looking at the big picture.”
HHildebrand150v2

Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA

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

So many click bait phrases – Bad Faith, Ms. Debtor, Bad Faith; Creditor Attorneys, Pay Attention; Debtor Attorneys Beware – As Attorney Moran points out in Think Beyond the Means Test, being a bankruptcy lawyer takes much more than just filling out forms.

Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith.

Not a subscriber? Use THIS invoice for a discounted subscription.

amyx

WE LOVE AND WILL MISS YOU, HELEN

By Elizabeth Vaughan, Chapter 13 Standing Trustee for the Northern District of Ohio (Toledo)

Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year.

Over the years, Helen has taught us valuable lessons while entertaining us along the way. Below are many of her articles – ENJOY!

  • Debtor Math (Regina’s personal favorite! And for you young’uns who have never seen this “debtor math” video, take two minutes to watch – you will never forget it!)
marketingstrategy

FREE WEBINAR

*** REGISTER NOW ***

“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern

In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low cost things you can do right now!

paulbonapfel

Sub V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Paul W. Bonapfel, June 2022
Judge Bonapfel has updated his comprehensive resource on Sub V. Thank you, Judge Bonapfel!
cfpb

From the CFPB

(Not password protected)
courtscales

From the Courts

(Not password protected)
ncbrc

From NCBRC

(Not password protected)
openposition

Positions Available

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
July 25, 2022
Archives
emily-connor-kennedy

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

By Emily Connor Kennedy, Boleman Law Firm, P.C. (Richmond, VA)
“There are three main statutory sections for bringing post-bankruptcy Fair Credit Reporting Act cases: . . .”
HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Judge Conley followed the strict terms of § 362(d) in holding that the court was required to grant relief from the stay if the creditor lacks adequate protection.”
marketingstrategy

Marketing Resources

Save the Date –August 26th 2:00 Eastern
– FREE Webinar –
“Marketing is Not a Dirty Word”

Below are a few marketing resources:

Webinar – Are You a Lawyer or a Marketer? How to be Both

Articles:

Not a subscriber? Use THIS invoice for a discounted subscription.

maxgardner

New from Max

(Not password protected)
As a free resource, Max Gardner provides ConsiderChapter13.org readers with an all-inclusive checklist for deeming a mortgage current.
paulbonapfel

Sub V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Paul W. Bonapfel, on June 2022
Judge Bonapfel has updated his comprehensive resource on Sub V. Thank you, Judge Bonapfel!
cfpb

From the CFPB

(Not password protected)
ncbrc
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
July 18, 2022
Archives
cmoran

4 Reasons to Keep Time Records No One Discusses

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

“Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. . . .What a mistake.Penny-wise and pound-foolish, in my view. Here are my big four reasons why.”

See also:

Tell the Story

HHildebrand150v2

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
FA referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees.
Mccormick

Mortgage Escrow

AND, there are two webinars:

Demystifying Mortgage Escrow – In Escrow Analysis 101, Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation.

Escrow Analysis Beyond the Basics – A continuation of Demystifying Mortgage Escrow, this resource drills down beyond the basics and analyzes common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes and answer viewer questions.

During the Mortgage Committee Meeting in San Francisco, Judge Keith Lundin mentioned a series of articles from last year by McCalla Raymer’s Michael McCormick.

These articles alone are worth the annual cost of subscribing to ConsiderChapter13.org. If you – or your employees – are still confused about escrow, here are the answers! And thank you Mike!!

Escrow 101 – Part 1 of 3

Escrow 101 – Part 2 of 3 – The Escrow Analysis

Escrow 101 – Part 3 of 3 – Frequently Asked Questions

Escrow 102 – Part 1 of 4

Escrow 102 – Part 2 of 4 – The History of Escrow Treatment in Bankruptcy

Escrow 102 – Part 3 of 4 – Official Form 410A1

Escrow 102 – Part 4 of 4 – The Shortage-Only Arrears Claim

Not a subscriber? Use THIS invoice for a discounted subscription.

cfpb

From the CFPB

(Not password protected)
ncbrc

From NCBRC

(Not password protected)
tech

In the Tech Department

(Not password protected)
openposition

Positions Available

(Not password protected)
foryourblog

For Your Blog

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

From the Courts

(Not password protected)
  • S.D. NY – Two new judges appointed – Read the Press Release for John P. Mastando III here, and the Press Release for Philip Bentley here.
July 11, 2022
Archives
Relyea

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

By Stephen F. Relyea, Boleman Law (Richmond, VA)
“Until recently, when our prior bankruptcy clients sought our assistance after their bankruptcy case concluded with . . . mortgage servicing errors . . ., our ability to help them was limited . . . .” But now . . .
HHildebrand150v2

Critical Case Comment – Pay the TAXES!

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Failure of Chapter 13 debtors to satisfy post-petition property tax payments to the county, specifically required in the debtors’ Chapter 13 plan, renders the debtors ineligible for a discharge, even where the debtors proposed a loan modification to repay the mortgage creditor which had advanced the post-petition taxes.
Mccormick

You only thought you were finished hearing about NACTT’s annual conference for the year . . .

During the Mortgage Committee Meeting in San Francisco, Judge Keith Lundin mentioned a series of articles from last year by McCalla Raymer’s Michael McCormick.

These articles alone are with the annual cost of subscribing to ConsiderChapter13.org. If you – or your employees – are still confused about escrow, here are the answers! And thank you Mike!!

Escrow 101 – Part 1 of 3

Escrow 101 – Part 2 of 3 – The Escrow Analysis

Escrow 101 – Part 3 of 3 – Frequently Asked Questions

Escrow 102 – Part 1 of 4

Escrow 102 – Part 2 of 4 – The History of Escrow Treatment in Bankruptcy

Escrow 102 – Part 3 of 4 – Official Form 410A1

Escrow 102 – Part 4 of 4 – The Shortage-Only Arrears Claim

cfpb

From the CFPB

(Not password protected)
CFPB Moves to Reduce Junk Fees Charged by Debt Collectors – Advisory opinion explains that most “pay-to-pay” fees charged by debt collectors violate federal law
ncbrc
openposition

Positions Available

(Not password protected)
foryourblog

For Your Blog

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

From the Courts

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
July 4, 2022
Archives
americanflag

Happy Birthday, America

Let Freedom Ring!

If you are like me, it is unbelievable that it is JULY 2022! But here we are. As with other federal holidays (plus NACTT’s annual seminar this week), we bring you an abbreviated update. RL

chains

How to Build and Strengthen Your Chapter 13 Debtor Practice

By The NACTT Emeritus Trustee Committee

As a gift to all of our readers, we give this resource not password protected.

“In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice.”

markleffler

One comment regarding this series: “Mark, your articles on how to stop leaving money on the table are OUTSTANDING. Thank you for sharing your experiences. I learned a great deal, and I’m sure the debtors’ bar will appreciate the suggestions for work during these sluggish times.”

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

By Mark C. Leffler, Boleman Law Firm P.C., Virginia Beach, VA

A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).

This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.

**Special offer for those who read the fine print. Not a subscriber but want these articles? Click here for a discounted subscription rate.

Molly

Very popular from last week . . .

The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

By Molly Simons, Senior Bankruptcy Counsel, Sottile & Barile Attorneys at Law (Loveland, OH)

New author. New topic.

“. . . we can dismiss your case and refile and include this new post-petition medical debt. . . . it is only then that you are hit with the big red “THOU SHALL NOT PASS” sign. In fine print below it states ‘11 U.S.C. 109(g)(2)’.”

hildebrand

He signed the Bill!!!

Bankruptcy Threshold Adjustment and Technical Corrections Act

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

Hank Hildebrand expounds on S. 3823, which was signed by the President on 6/21. This Act increases the eligibility for Chapter 13 debtors to $2,750,000, while eliminating the distinction between secured and unsecured debt for two years.

  • Official Form 101, Voluntary Petition for Individuals (revises line 13 – The Act reinstates the definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11 that was in effect from March 27, 2020 through March 27, 2022, under the CARES Act, as amended)
cfpb

Lots out of the CFPB this week . . .

From the CFPB

(Not password protected)
openposition

Positions Available

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
June 27, 2022
Archives
Molly

The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

By Molly Simons, Senior Bankruptcy Counsel, Sottile & Barile Attorneys at Law (Loveland, OH)

New author. New topic.

“. . . we can dismiss your case and refile and include this new post-petition medical debt. . . . it is only then that you are hit with the big red “THOU SHALL NOT PASS” sign. In fine print below it states ‘11 U.S.C. 109(g)(2)’.”

bankruptcythreshold

He signed the Bill!!!

Bankruptcy Threshold Adjustment and Technical Corrections Act

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

Hank Hildebrand expounds on S. 3823, which was signed by the President on 6/21. This Act increases the eligibility for Chapter 13 debtors to $2,750,000, while eliminating the distinction between secured and unsecured debt for two years.

  • Official Form 101, Voluntary Petition for Individuals (revises line 13 – The Act reinstates the definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11 that was in effect from March 27, 2020 through March 27, 2022, under the CARES Act, as amended)
kevinanderson

Consumers Are Consuming Cash at an Unsustainable Rate

By Honorable Kevin R. Anderson,United States Bankruptcy Judge, District of Utah (Salt Lake City)

From one of our favorite authors, a look at the statistics of spending in the US.

“If consumers continue to withdraw cash at the present rate, savings will be depleted by Sept.

2022.”

hildebrand

Critical Case Comment – Pre-Confirmation Payments

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Even though the Model Plan in the district provides that the applicable commitment period starts from confirmation, the debtor may not apply pre-confirmation payments toward payments made during the applicable commitment period but must apply those payments in addition to the applicable commitment period payments.
nclc
cfpb

From the CFPB

(Not password protected)
waites

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

(Not password protected)

REGISTER NOW

Don’t miss out.
Great educational experience, CLE, AND,
SAN FRANCISCO!!!!!

openposition

Positions Available

(Not password protected)

Clerk of Court Vacancy

      • The Bankruptcy Court for the District of South Carolina announced that Laura A. Austin has been selected as the new Clerk of Court for the U.S. District Court for the Western District of Virginia in Roanoke, effective August 15, 2022. “Laura has provided excellent service to our Court since 2013. We wish her well in her new position.” A resulting vacancy announcement for the position of Clerk of Court is found here. Candidates should submit their applications on or before July 5, 2022.
foryourblog

For Your Blog

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

From the Courts

(Not password protected)
  • N.D. NY – Pursuant to Administrative Order 22-04, the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys is no longer required to be filed.
  • S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
  • M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
michaeljoseph

In Case You Missed It . . .

Best Practices in Bankruptcy: Power of Attorney or Guardian

By Michael B. Joseph, Esq., Ferry Joseph, P.A.
Another excellent resource for your everyday practice.
June 20, 2022
Archives

In honor of our newest federal holiday,
we bring an abbreviated update.
Go out and celebrate FREEDOM!!

williambrown

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

By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education

On June 10, 2022, the Acting Director for United States Trustee Program announced Guidelines for the United States Trustees’ enforcement of bifurcated Chapter 7 fee agreements. Click here for Guidelines

See also: Bifurcated Fees Under Examination By Wm. Houston Brown (Password Protected)

interestratechange

Till Interest Rate Change

(Not password protected)

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

See also:

hildebrand

Critical Case Comment – Siegel v. Fitzgerald

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

Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution.

See also:

Siegel v. Fitzgerald – U.S. Trustee Fee Unconstitutional

By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education

Click here for the opinion

markleffler

If you haven’t read this series, today is the perfect time to do it.

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

By Mark C. Leffler, Boleman Law Firm P.C., Virginia Beach, VA

A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).

This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.

ncbrc

REGISTER NOW

WeeerrreeeBaaaack!

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

openposition

Positions Available

(Not password protected)
courtscales

From the Courts

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

Best Practices in Bankruptcy: Power of Attorney or Guardian

By Michael B. Joseph, Esq., Ferry Joseph, P.A.

Another excellent resource for your everyday practice.

“It is always troublesome when an individual bankruptcy petition is filed by power of attorney. . . . More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power of attorney . . . . What sort of inquiry is necessary and proper in those cases?”

hildebrand

Bankruptcy Threshold Adjustment andTechnical Corrections Act

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

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

S. 3823: Bankruptcy Threshold Adjustment and Technical Corrections Act

williambrown

Hot Off the Press and NOT Password Protected

Siegel v. Fitzgerald – U.S. Trustee Fee Unconstitutional

By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education
markleffler

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

By Mark C. Leffler, Boleman Law Firm P.C., Virginia Beach, VA

A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).

This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.

hildebrand

Critical Case Comment – The Not DSO POC/Arbitration Language

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

We are re-running this one because “The Not DSO POC” may not have been a good description of this case. This case has many levels of application in Chapter 13 cases particularly specific arbitration language.

The bankruptcy rights of an ex-member of an unmarried domestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment.

cfpb

From the CFPB

(Not password protected)
juneteenth

Reminder

(Not password protected)
Monday, June 20th, is a new federal holiday JUNETEENTH
ncbrc
mortgageorb

From Mortgageorb.com

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

REGISTER NOW

WeeerrreeeBaaaack!

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

openposition

Positions Available

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
  • M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
June 5, 2022
Archives
markleffler

How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

By Mark C. Leffler, Boleman Law Firm P.C., Virginia Beach, VA

Mark Leffler, of the Boleman Law Firm in Virginia, and President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org), continues his series describing his firm’s development of a broader practice on behalf of consumer debtors.

hildebrand

Critical Case Comment – The Not DSO POC

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
The bankruptcy rights of an ex-member of an unmarried domestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment.
cfpb

From the CFPB

(Not password protected)
CFPB Bolsters Enforcement Efforts by States – Interpretive Rule Seeks to Clarify Scope of States’ Ability to Enforce Federal Consumer Financial Protection Laws

Still plenty of time to make your plans!!!!!

REGISTER NOW

openposition

Positions Available

(Not password protected)
courtscales

From the Courts

(Not password protected)
M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
May 30, 2022
Archives
memorialday

In observance of Memorial Day and so Academy staff may spend time with friends and family, we bring you an abbreviated update.

hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the Court may prohibit prospective use of a nondisclosed obligation as grounds for a default. A decision from Judge Waites – see below.
waites

Highest Award Given to Civilians in South Carolina

(Not password protected)
hildebrand

Critical Case Comment – Nonbankruptcy Lawyers MUST Check PACER (from 5/15/22)

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

We are offering this Critical Case Comment NOT PASSWORD PROTECTED so you can share with your nonbankruptcy colleagues. It is important that particularly personal injury attorneys understand the importance of following the Bankruptcy Code.

PLEASE SHARE!!

It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is conversion of property of the estate. (Sawyer) In re McLemore, 2022 WL 362915 (Bankr. M.D. Ala. February 7, 2022)

Beskin

A very popular item from 1/9/22. Another Judge Waites decision.

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? Chief Bankruptcy Court Judge John Waites has presented his take on this issue and concluded, with some important exceptions, that they do not, but be sure to read the Note at the end of this case.
nclc

New Reverse Mortgage Resource from NCLC

(Not password protected)

Here is a short issue brief on how Homeowner Assistance Funds should be usable by RM borrowers to cure property charge defaults. Note the discussion telling RM borrowers and heirs to request the “COVID-19 HECM Extension period.” This is the equivalent of a forbearance, and very few reverse mortgage borrowers in default have ever requested it (because they don’t understand they should). It gives 6 months of foreclosure pause, extendable for another 6 months if extended before the end of the presidentially declared disaster period.

The key in most reverse mortgage foreclosure cases is escalating with either the servicer or with the National Servicing Center, or both. If you email me (Sarah Bolling Mancini smancini@nclc.org) or Odette Williamson, we are always happy to help escalate a reverse mortgage case (and/or to chat about options) any time.

NCLC also has a reverse mortgage list serv. To request to join, go here. By adding yourself to the listserv, you have access to an entire reverse mortgage litigation toolkit – free.

Make your plans NOW!!!!!

CLICK HERE TO REGISTER

 

Plenaries Include:

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

Positions Available

(Not password protected)
nclc

New Reverse Mortgage Resource from NCLC

(Not password protected)
Summer Mortgage Conference, June 22-24 in St. Louis
federalbarnj

Free Webinar

(Not password protected)

U.S. District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents: Federal Subpoena Practice: Strategy, Substance and Procedure

Tuesday, June 7, 2022 – 12:30 – 2:00 pm – Virtual Webinar

While we realize it would be rare for consumer bankruptcy attorneys/trustees to have need of federal subpoenas, it could happen so wanted you to have the information on this free resource.

courtscales

From the Courts

(Not password protected)
  • NCNCHousing Finance Agency Now Requires Court Approval – To participate in the NC Homeowner Assistance Fund, applicants in bankruptcy must obtain approval from the Court or Trustee. While NC Homeowner Assistance Fund understands that this is not typically a condition of bankruptcy proceedings, the NCHAF was informed by mortgage loan servicers and other eligible payees that such approval must accompany the program’s payment on the applicant’s behalf in order for the payee to accept and apply payment to the applicant’s account(s).
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
IRS Updates Feature on ‘Where’s My Refund?’ Taxpayers Can Now Track Refunds for Past Two Years
hildebrand

In Case You Missed It . . .

Critical Case Comment – Reverse Mortgage May be Modified

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2).
May 23, 2022
Archives
hildebrand

Critical Case Comment – Reverse Mortgage May be Modified

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2).
williambrown

Bifurcated Fees Under Examination

By William Houston Brown, Editor/Adviser for Academy
“As this issue is being developed in the courts, rather than in congressional amendment of the Bankruptcy Code, “some attorneys have begun using so-called ‘bifurcated’ fee agreements as a means of enabling debtors to pay most of the fees after they file for bankruptcy.”
scotus
nclc

New Reverse Mortgage Resource from NCLC

(Not password protected)

Here is a short issue brief on how Homeowner Assistance Funds should be usable by RM borrowers to cure property charge defaults. Note the discussion in there of telling RM borrowers and heirs to request the “COVID-19 HECM Extension period.” this is the equivalent of a forbearance, and very few reverse mortgage borrowers in default have ever requested it (because they don’t understand they should). It gives 6 months of foreclosure pause, extendable for another 6 months if extended before the end of the presidentially declared disaster period.

The key in most reverse mortgage foreclosure cases is escalating with either the servicer or with the National Servicing Center, or both. If you email me (Sarah Bolling Mancini smancini@nclc.org) or Odette Williamson, we are always happy to help escalate a reverse mortgage case (and/or to chat about options) any time.

NCLC also has a reverse mortgage list serv. To request to join, go here. By adding yourself to the listserv, you have access to an entire reverse mortgage litigation toolkit – free.

bankruptcymeanstest

Updated Means Test Information

(Not password protected)
The Means Test numbers are increasing as of May 15th.
cfpb

From the CFPB

(Not password protected)
ncbrc

Still time to make your plans!!!!!

REGISTER NOW!!

 

Another session of note is a plenary by the ever popular, energetic and entertaining Nancy B. Rapoport, UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, Boyd School of Law, University of Nevada (Las Vegas) entitled:

Ethical Implications of Remote Lawyering Post-Pandemic

See also a free article in the news on topic:

Ethics of Virtual Consultations

openposition

Positions Available

(Not password protected)
epiqbankruptcy

New From Epiq

(Not password protected)

A Guide to Changes in Bankruptcy Compliance

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

federalbarnj

Free Webinar

(Not password protected)

U.S. District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents: Federal Subpoena Practice: Strategy, Substance and Procedure

Tuesday, June 7, 2022 – 12:30 – 2:00 pm – Virtual Webinar

While we realize it would be rare for consumer bankruptcy attorneys/trustees to have need of federal subpoenas, it could happen so wanted you to have the information on this free resource.

courtscales

From the Courts

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

In Case You Missed It . . .

Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Chapter 13 trustee’s request to dismiss case upon discovery of an undisclosed asset held by the debtor cannot be granted after the debtor completes payments under the plan.
May 16, 2022
Archives
ahern

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

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
The lower courts continue to have difficulty with the Supreme Court’s 2019 opinion in Taggart v. Lorenzen, which has had the effect of limiting not only the contempt powers of the bankruptcy courts in cases of discharge-injunction violations but also their equitable powers more broadly. This week, Larry Ahern revisits one such case, which was recently vacated and remanded by the Fourth Circuit in Beckhart v. Newrez, LLC.
rapoport

Ms. Ps & Qs

By Nancy B. Rapoport,Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
“Bad choices will end in blood and stitches.” Classic Rapoport. EVERYONE needs to read this article!
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is conversion of property of the estate.

See also: Is Nunc Pro Tunc Really Sunk?

bankruptcymeanstest

Updated Means Test Information

(Not password protected)
The Means Test numbers are increasing as of May 15th.

DISCOUNTED REGISTRATION ENDS TODAY (5/16)

 

Another panel of note is Conversions from 7 to 13. This panel will examine things to be considered prior to conversion. Judge on the panel is The Honorable Charles Novack, Chief Judge N.D. of CA. Prior to his appointment as Judge, he was in private practice in consumer bankruptcy law. Rounding out the panel is Dynele Schinker-Kuharich, Leslie Gladstone and Jill Olsen.

 

REGISTER NOW!!

openposition

Positions Available

(Not password protected)
courtscales

From the Courts

(Not password protected)
S.D. AL – Beginning 5/16 proposed orders should be submitted through the E-Orders program. The old email addresses will be turned off at the end of May. Please visit the Submitting Proposed Orders page for additional details, such as document requirements and training aids. E-Orders help desk – (251) 436-5445.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Consumer Advisory: Don’t give money or information to scammers promising student loan forgiveness
michaeljoseph

In Case You Missed It . . .

Game Stop: Dismissals with Prejudice

By Michael B. Joseph, Esq. Chapter 13 Standing Trustee (Retired)
“Faced with abusive and serial bankruptcy cases, courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice . . .”
May 9, 2022
Archives
markleffler

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

By Mark C. Leffler, Boleman Law Firm P.C., Virginia Beach, VA

Mark Leffler, of the Boleman Law Firm in Virginia, who is also the current President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org), begin a series describing his firm’s development of a broader practice on behalf of consumer debtors.

Click here for Part 1 – Looking at Bankruptcy Cases Differently

michaeljoseph

Game Stop: Dismissals with Prejudice

By Michael B. Joseph, Esq. Chapter 13 Standing Trustee (Retired)
“Faced with abusive and serial bankruptcy cases, courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice . . .”

HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!

In a follow-up to our well wishes to George Stevenson and Hank Hildebrand for FORTY years as Standing Chapter 13 Trustees, we are pleased to bring you a “how I got my start” from each of them.

How I Got Started

George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis)

The Day the Music Died

Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

ramonaelliott

Meet the Acting Director Ramona Elliott

(Not password protected)

Click here for Press Release

Click here for Other Information

bankruptcymeanstest

Updated Means Test Information

(Not password protected)
The Means Test numbers are increasing as of May 15th.

DISCOUNTED REGISTRATION EXTENDED TO MAY 16th

 

Enforcement of Court Orders and Rules: Does Contempt Power Exist in the Bankruptcy Court is a Not-to-Miss panel.

On this panel, we are pleased to feature The Honorable Craig A. Gargotta, Chief United States Bankruptcy Judge for the Western District of Texas in San Antonio. Judge Gargotta practices what he preaches (article is behind a paywall). Judge Gargotta jailed a longtime accountant for failure to pay $7,500 in sanctions. Carl Merkle, who calls himself God’s Fraud Auditor, has been incarcerated since December 6th. This panel, moderated by the ever popular Martha Bronitsky, Standing Trustee in Oakland, CA, is enhanced by The Honorable William Lafferty, United States Bankruptcy Judge for the Northern District of California in San Francisco.

REGISTER NOW!!

openposition

Positions Available

(Not password protected)
ncbrc

From NCBRC

(Not password protected)
casestudy

Study of Interest

(Not password protected)

Consumer Bankruptcy, Mortgage Default and Labor Supply

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

irs

From the IRS

(Not password protected)

Work Opportunity Tax Credit – This could apply to you or your small business clients.

The work opportunity tax credit is a federal tax credit available to employers for hiring individuals from certain target groups who have consistently faced significant barriers to employment. This one- time credit is available for wages paid to certain individuals who begin work on or before December 31, 2025 – $2,400 per employee.

courtscales

From the Courts

(Not password protected)
Middle District of AL – Effective 4/8 Alliance Credit Counseling, Effective 4/13 Garden State Credit Counseling, Effective 4/26 The Family Center of Columbus, Inc., aka Consumer Credit Counseling Service of West Georgia/East Alabama are no longer an approved provider for creditor counseling or personal financial management courses in the Middle District of Alabama.
foryourblog

For Your Blog

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

In Case You Missed It . . .

Special Counsel 101: Getting Paid and Protecting Clients

By Nicole Noll, Esq., Law Offices of Jeffrey M. Sirody & Associates, P.A. (Baltimore, MD)
“ . . . , in In re Smith, a Georgia personal injury attorney received a not so gentle reminder of this duty when his fees were disgorged.”
May 2, 2022
Archives
reginalogsdon She’s baaaaack. . .

This has been a very difficult month. As reported on the 18th, my sweet, wonderful, husband passed away. I want to thank everyone for your thoughts, prayers, hugs, well-wishes, flowers, cards, and overall love.

I also want to specifically thank Bill Brown, Mark Leffler and all those who picked up my slack throughout the entire ordeal and continued to get the weekly updates out.

With much love, appreciation, and gratefulness,
Regina Logsdon

cmoran

The Complex World of Interspousal Claims in Bankruptcy

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

“. . . One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce.”

Another excellent piece relevant to your day to day practice.

NicoleNoll

Special Counsel 101: Getting Paid and Protecting Clients

By Nicole Noll, Esq., Law Offices of Jeffrey M. Sirody & Associates, P.A. (Baltimore, MD)
“ . . . , in In re Smith, a Georgia personal injury attorney received a not so gentle reminder of this duty when his fees were disgorged.”

HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!

On May 1st just forty short years ago, both Hank and George were appointed as Standing Chapter 13 Trustees.

George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis)
Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
geyer

Judges Appointed

(Not password protected)

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

nclc
cornish

Passing of Judge Thomas R. Cornish

(Not password protected)

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

openposition

Positions Available

(Not password protected)
ncbrc
courtscales

From the Courts

(Not password protected)
Middle District of AL – Effective 4/8 Alliance Credit Counseling, Effective 4/13 Garden State Credit Counseling, Effective 4/26 The Family Center of Columbus, Inc., aka Consumer Credit Counseling Service of West Georgia/East Alabama are no longer an approved provider for creditor counseling or personal financial management courses in the Middle District of Alabama.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

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

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

gustafson

In Case You Missed It . . .

Cui Pro Bono?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) and Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson
taveraJudge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a show, search for “Yours Truly, Johnny Dollar” on YouTube.