March 25, 2019

Duberstein Bankruptcy Moot Court

In partnership with The Academy, the National Data Center awarded two $5,000 scholarships to teams wishing to participate in the Duberstein competition. Sixty-two teams in all participated in the Honorable Conrad B. Duberstein National Bankruptcy Moot Court Competition this year. Duberstein is the only bankruptcy-focused national advocacy competition and is sponsored by the American Bankruptcy Institute and hosted by St. John’s University Law School in New York.

The National Data Center grants were awarded to teams from the University of Illinois and the University of Texas. Both schools advanced to the Sweet Sixteen at the national competition, Illinois advancing one team and Texas sending through two teams this year. One University of Texas Law School team then advanced to the Final Four, finishing 3rd in the competition and also receiving an outstanding brief award.

CONGRATULATIONS TO BOTH TEAMS UNIVERSITY OF ILLINOIS AND UNIVERSITY OF TEXAS AND THEIR COACHES, DEBBIE LANGEHENNIG AND PROF. BOB LAWLESS!!!!

In coming weeks, watch for articles written by law student team members.

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part IV – The Lower Courts Struggle with Arbitration Guidelines

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

What’s an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question

In this series of articles for the Academy, Larry Ahern reviews the effect of arbitration clauses in bankruptcy proceedings. Today, he concludes the series with some suggestions and resources for parties on all sides of the arbitration question.

Click here for Part I
Click here for Part II
Click here for Part III

From the Editor

Judge Brown was chained to his desk this week and shares three case synopsis, each on discharge issues:

Direct mortgage payments unpaid by debtor were not “provided for” in plan

Section 523(a)(8)(A)(ii) does not include “loan”

Paying more than original loan balance would be undue hardship

New from the Supremes

(Not password protected)

Supreme Court Defines ‘Debt Collector’ Under Fair Debt Collection Practices Act

From the IRS

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Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

IRS reminds taxpayers that it’s not too late to contribute to an IRA and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019.

‘It’s Probably Over for Us’: Record Flooding Pummels Midwest When Farmers Can Least Afford It

Distress Grows for Ohio Valley Farmers as Trade Deals Stall

Report Highlights Continued Financial Stress for Wisconsin Dairy Farmers

Why Are So Many Farmers Markets Failing? Because the Market Is Saturated

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Student Loan Chronicles

(Not password protected)

White House Proposes Caps On Student Loan Borrowing

Trump Administration Wants Congress to Put a Limit on Loans for Grad Students, Parents of Undergrads

Options for Argosy University Students Following Closure

Attorney Fee Award Upheld Against Student Loan Servicer

REMINDER – INCREASES GO INTO EFFECT APRIL 1ST

Dollar Amount Increases in Bankruptcy Code (Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy

On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Mortgage Rates Just Tanked Thanks to the Fed – And They Could Go Even Lower

Article: Mortgage Delinquencies, Foreclosures Continue to Hold at Pre-Crisis Lows

Article: Few Black People Get Home Mortgages in Detroit, Data Show

Article: Mortgage Apps Up; Loan Amounts Too!

Article: Manufactured Home Is Personal Property in Iowa

Article: Millennials Struggle to Purchase Homes

FannieMae: Lenders Optimistic

Article: Millennials are So Buried in Debt They Can’t Buy into American Dream of Owning a Home

IN THE NEWS (Not password protected)

It Just Became Easier for Employers to Dump Retirees’ Pensions

The Retroactive Pay Raise Is in ‘Final Clearance’ Stage, says White House Official

Bankruptcy Code Not Intended to ‘Shelter’ Chicago Parking, Traffic Ticket Scofflaws: Appeals Panel

America’s Obsession with Trucks and Suvs Is Helping Push Car Loan Payments to 10-Year High

In Central District of California, a Woman’s Place is in the Courthouse

Fraudulent Transfer Claims — In Constitutional Limbo

OF INTEREST (Not password protected)

J. Levine Auction Owes Millions; Declares Bankruptcy

Gerry Boyle, Lawyer Who Represented Jeffrey Dahmer, Facing Bank Foreclosure on His Mequon Home

Avenatti Firm’s Bankruptcy Petition Rejected by Judge

In Unusual Move, East Village Landlord Attempts to Evict Tenants Through Bankruptcy Filing

DEBT AND THE ECONOMY (Not password protected)

Special Report: Underinsured in America – The fastest growing  group of underinsured Americans  are those covered by employer  health plans

Americans Are Going Bankrupt From Getting Sick – Doctors’ bills play a role in 60 percent of personal-bankruptcy filings.

It Just Became Easier for Employers to Dump Retirees’ Pensions

Michigan’s Working Poor Grows to 43% of All Households

A Fifth of Americans Say They Have Zero Savings

States Where Income Inequality Is Causing the Middle Class to Disappear

HEALTHCARE AND DEBT (Not password protected)

End the Scandal of Surprise Medical Bills – The closer you look, the more outrageous it appears.

Americans Going Bankrupt from Getting Sick – Doctors’ bills play a role in 60 percent of personal-bankruptcy filings.

MILITARY MATTERS (Not password protected)

The Share of Troops and Vets Buying Homes with VA Loans Has More than Doubled

5 Tips for Troops and Vets Buying their First Homes

How to Leverage Credit Card Benefits Afforded to Service Members

The 152 Best Military Discounts in 2019 – Active-duty service members, veterans, and their families can save big by asking about deals and freebies.

Why a Retirement Savings Account Is Crucial for Military Members

Consumer Advocate: Military members, veterans and their families are a common target of fraud

REGISTER FOR NACTT INDIANAPOLIS chocolate

Register NOW for NACTT Indianapolis

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IN THE ‘OH THIS IS COOL’ DEPARTMENT (Not password protected) chocolate

Don’t Take an Aspirin a Day to Prevent Heart Attacks and Strokes: Doctors reverse recommendation

March 18, 2019

Trustee May Use Any Law Available to Avoid a Transfer

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article.

Although this is a Chpt 7 case, there are Chpt13implications: “The plain language of §544(b)(1) ‘permits a trustee to step into the shoes of any existing unsecured creditor, including the IRS, and utilize any ‘applicable law’ to avoid a transfer, including the FDCPA.’”

From the Editor

Judge Brown was back at his desk this week and takes a look at two cases dealing with confirmation:

Bankruptcy court could not sua sponte object to confirmation

Trustee’s “double-dipping” objection to above-median confirmation denied

Ensure You Understand Insurance in Bankruptcy

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

“Dig deeper . . . As Arthur Conan Doyle has Sherlock Holmes say: These are much deeper waters than I had thought.”

From the IRS

(Not password protected)

There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040

2018 Form 1040 uses a building-block approach that allows individuals to file only the schedules they need.

Passing of District Court Judge

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Pioneering Judge Mary Lou Robinson Dies at 92

A popular link from last week . . .

Bending the FDCPA to the Breaking Point

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3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector

From the National Consumer Bankruptcy Rights Center

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Debtors’ Plan May Direct Student Loan Payments to Principal

Debtor’s Right to Amend Extends to Reopened Cases (Chapter 7 case)

What is Bankruptcy Fraud?

(Not password protected)

Key Concepts Concerning Bankruptcy Fraud: the Wagoner Rule and the In Pari Delicto Defense

For Your Blog

(Not password protected)

Veterans, Minority Advocates Say Payday Loans Are ‘Like an Addiction’

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Inquiry Opened on Former High-Profile Arkansas Real Estate Developer, Wife

Hartford Attorney Suspended for Filing False Tax Returns Omitting $1M

Ullin Woman Gets 2 Years Probation for Lying During Bankruptcy Hearing

The 4 Most Common Mortgage and Real Estate Scams and How to Stop Them

Man Sentenced to 2 Years Probation for Hiding $18K from Bankruptcy Court

Bankruptcy Judge Awards $1.7M to Executex in Photocopier Scam

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code

(Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy

On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Wayne County’s Auction Program Is Supposed to Keep People in Homes. It’s Not.

Ellie Mae Adds New Functionality to Loan Officer Connect

IN THE NEWS (Not password protected)

(If your client base consists of civilian military employees, you may want to read this) DOD Employees Could Owe IRS Thousands in Taxes and Interest After PCS Moves

Devos Wants to Cut Budget Funding for Student Loan Forgiveness, Again

OF INTEREST (Not password protected)

Debt Collection Tops Attorney General’s List of Consumer Complaints

How OxyContin Maker Purdue Pharma’s Potential Bankruptcy Filing Would Stall Thousands of Lawsuits Before Federal Judge in Cleveland

CFPB’s Kraninger Grilled Over Payday, Military Lending

Out-of-Work US Men Are Unhappier than Men Almost Anywhere Else

Workers Are Pushing for Their Share of U.S. Bankruptcy Payouts

Michael Avenatti Law Firm Files for Bankruptcy Protection Again; Creditor Objects

DEBT AND THE ECONOMY (Not password protected)

With Credit Card Debt Up 7.5%, Next Financial Disaster Could Be You

MILITARY MATTERS (Not password protected)

Military Families Deserve Better Housing

This VA Report Touts ‘Positive Outcomes’ From Its Suicide Prevention Programs — But Veteran Suicide Rates Haven’t Slowed

REGISTER FOR NACTT INDIANAPOLIS

Register NOW for NACTT Indianapolis

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IN THE ‘OH THIS IS COOL’ DEPARTMENT (Not password protected)

Here is a Way to Check if Product Reviews on Websites Are Genuine – Works With Amazon

March 11, 2019
Archives

Tips and Traps: Issuing A Subpoena for Bank Records

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)

Here are tips for those who do not often use subpoenas.

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part III – The Lower Courts Struggle with Arbitration Guidelines

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

In this series, Larry Ahern reviews the effect of arbitration clauses in bankruptcy proceedings. In Parts I and II, he examined three cases presented to the Supreme Court in 2018. In this Part III, he continues his review of caselaw on the subject to date, supplementing the endnotes with an Appendix that provides a catalog of circuit-level and related authorities.Click here for Part I
Click here for Part II

See also:

Arbitration in Bankruptcy — Discharge, the Easy Case

From the IRS

(Not password protected)

Here’s How a Name Change Affects a Tax Return

When someone legally changes their name, there are tax consequences they need to know about., especially at tax time.

IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments.

Farmers in the News

(Not password protected)

‘We Need It Now': U.S. Farm Country Pins Hopes on China Trade Deal

Want to learn more about Chapter 12?
Register Now for the Chapter 12 Conference

Register NOW!

NEW Chapter 7 Trustee Positions Available

(Not password protected)

Location: District of Maryland, (Northern Division, Baltimore and Salisbury)
Due Date: March 22, 2019Location: District of Maryland, primarily the Northern Division (including Baltimore and Salisbury)
Due Date: March 22, 2019

Payday Lenders in the News

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Move to Pull Consumer Protection Rule Heightens Debate Over Payday Lending

Bending the FDCPA to the Breaking Point

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3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector

From the National Consumer Bankruptcy Rights Center

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ACA’s Shared Responsibility Payment is Priority Tax Debt

Federal Lien Broader than State Lien for Avoidance Purposes

Vocabulary Term of the Week

(Not password protected)

The Suitability and Logic of ‘Suitability Logic’ in Valuations – Article describes new trends in lender valuation processes

For Your Blog

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

Five Expenses Derailing Americans’ Retirement Savings

Watch Out for These 10 ‘Retirement Killers’

Debt Collectors: Make Sure They’re Legit, and They Can’t Scream, Curse or Threaten You

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code (Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy

On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: 7th Cir. Holds Mortgagee’s Deficiency Claim in Bankruptcy Was Precluded by Failure to Raise in Foreclosure

Article: Mortgage Application Defect Rate Jumped Again in January

Article: Altisource Releases Bundled Solution for Delinquent FHA Loans

Article: Mortgage Apps Jump 5.3%

Article: Homeownership Rising for Millennials

Black Knight Report: Delinquencies Down but Foreclosures Up

IN THE NEWS (Not password protected)

The Constitution’s Bankruptcies Clause Assumed but Not Discussed or Cited in U.S. Supreme Court Bankruptcy Opinions

OF INTEREST (Not password protected)

Construction Subcontractor Claims: Is a Subcontractor Merely a Creditor of a Creditor Without Standing? (Chpt 11 case but subject may be of interest to you)

Workers Are Pushing for Their Share of U.S. Bankruptcy Payouts

DEBT AND THE ECONOMY (Not password protected)

U.S. Credit Card Debt Closed 2018 at a Record $870 Billion – Largest Amount EVER

Debt Collection Tops Attorney General’s List of Consumer Complaints

More than 5,300 Stores Closing in 2019 as Retail Apocalypse Drags On — Here’s the Full List

Stark Divide in America’s Retail Industry Is Coming into Focus

U.S. Personal Income Falls; Spending Weakest Since 2009

More than 1,000 TSA Employees Still Owed Back Pay from Shutdown

REGISTER FOR NACTT INDIANAPOLIS (Not password protected)

Register NOW for NACTT Indianapolis

Click here for registration forms only

March 4, 2019
Archives

Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit

By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA)

“Moving forward, in cases where the debtor is filing a subsequent petition within a year of the prior case being filed and dismissed it is important for debtors to take advantage of §362(c)(3)(B).”

Why Bankruptcy Judges in North Carolina Still Appoint Trustees (Not password protected)

By Travis Sasser, Sasser Law Firm (Cary, NC)

In this detailed piece, Sasser not only answers the question of why trustees are still appointed by judges but outlines a history of bankruptcy in North Carolina which includes a great deal of NACTT history! A fascinating read.NACTT is pleased to have Travis Sasser as a plenary speaker in Indianapolis. Along with John Hauber and Mike Bates, they will discuss local plans, their special terms, and whether or not they are filling gaps left by the national plan? Are these plans working?

This is a panel you won’t want to miss!Register NOW for NACTT IndianapolisClick here for registration forms only

Dollar Amount Increases in Bankruptcy Code (Not password protected)

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy

On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three yearsSee also: Moving Up: Bankruptcy Code Dollar Amounts Will Increase on April 1, 2019

Farmers in the News

(Not password protected)

Farm Real Estate Prices Holding Up, But USDA Worried About a Fall

USDA Has Paid Out $7.7 Billion to Help Farmers Hit by Trump’s Tariffs – “Under the trade dispute, soybean exports to China alone have plummeted by 22 million tonnes, or over 90 percent,” said the USDA.

Farm Loan Delinquencies Highest in 9 Years as Prices Slump

Economists Don’t See Farm Crisis – Bankruptcies, Loan Delinquency Rates Don’t Reflect Ag Economy in Distress

As Bankruptcies Rise, Farmers and Lenders Hope for Big Harvests, Rise in Crop Prices

Does the U.S. Have Record Bankruptcies in Farm Country?

Want to learn more about Chapter 12? Attend the Chapter 12 Conference.

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UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019

About Income Tax Changes

(Not password protected)

Tax Refunds Down 17%: IRS

Payday Lenders in the News

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CFPB Spoke with Industry Execs Before Relaxing Payday Loan Rules

CFPB Reversal on Payday Lending Is a Big Mistake

How a Payday Lending Industry Insider Tilted Academic Research In Its Favor

Federal Change in Payday Lending Restrictions Won’t Undermine Ohio Law

For Your Blog

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

‘Where’s My Refund?’ Remains Easiest Way to Check Tax Refund Status

Using the “Where’s My Refund?” online tool, taxpayers can start checking on the status of their return within 24 hours after the IRS receives an e-filed return or four weeks after the taxpayer mailed a paper return. The tool has a tracker that displays progress through three phases: (1) Return Received; (2) Refund Approved; and (3) Refund Sent.

Student Loan Chronicles

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Government’s Trillion-Dollar Student Loan Office Is a Train Wreck – A “damning” inspector general report reveals shady tactics on the business side of the American education system

The $1.4 Trillion Federal Student Debt Market Faces Huge Issue — Transparency

U.S. Student-Loan Delinquencies Hit Record – Past-due debt reached $166 billion in the fourth quarter, but may be understated

Republican Student Loan Debt Proposal Would Automatically Deduct Payments From Paychecks

Public-Interest Lawyers Who Sued Over Student-Loan Forgiveness Are One Step Closer – A judge said the government’s changing approach to whether some borrowers qualify was ‘arbitrary and capricious’

3 Borrowers Win Case on Eligibility for Public Service Loan Forgiveness

Is FedLoan, America’s Giant Student Loan Servicer, Running Out of Money?

End of the Road for Argosy – Trump administration cuts off Title IV student aid for Argosy University campuses and blocks deal to go nonprofit after chain fails to make payments to thousands of students.

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Federal Grand Jury Indicts Defendant on Bankruptcy Fraud Charges

In the “You Can’t Make This Stuff Up” Department – In Retrospect, Expert’s ‘How To Make Child Pornography’ Exhibit Might Have Been A Bad Idea

Oh My! In Germany, Family Pug Seized and Sold on EBay to Cover Unpaid Debts

Meet the Wives Whose Husbands Committed White-Collar Financial Crimes – These women are bouncing back financially after their partners committed fraud and embezzlement

(Small bankruptcy connection) Fake Invoices and Gambling Debts: How a county bureaucrat stole $6.7 million

In Case You Missed It . . .

Critical Case Comment

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

It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Dewsnup Needs to be Overturned: It’s Out of Touch and Based on a Bizarre Foundation (But U.S. Supreme Court Passes)

Article: Recession and the Housing Slump

Article: Existing Sales at Three Year Low

EllieMae Report: Refinance Market at 35% Volume

IN THE NEWS (Not password protected)

Windstream, (an internet provider) ISP with 1 Million Customers, Files Bankruptcy – Windstream bankruptcy comes after $310 million court loss against hedge fund.

MILITARY MATTERS (Not password protected)

Housing Horrors Prompt Survey of US Military Quarters Across Europe

As Criticism of Shoddy Housing Mounts, Air Force Pledges Fixes

Military Services Delay Financial Help for Spouse Employment

Spouses Have More Problems, Less Support During Deployments, Survey Finds

‘Setting Us Up to Fail’ — VA blasted over unfilled health care positions

OF INTEREST (Not password protected)

Law of the Case Doctrine in Bankruptcy (Chpt 7 cases but may be of interest)

Credit Reporting Agencies Face Pressure from Skeptical U.S. Congress

Liquor License Sales: Who Gets the Money? (Chpt 7 case)

DEBT AND THE ECONOMY (Not password protected)

Despite Silence from Administration, Pay Raise Likely in March

Special Report: Underinsured in America – The fastest growing group of underinsured Americans are those covered by employer health plans

American Credit Card Debt Reaches Record $1 Trillion – More than 1 in 3 people are worried about maxing out when they make credit card purchases

Consumer Debt Hits $4 Trillion

Young Americans Owe $1 Trillion of Debt

Deleveraging Is Over

Lordstown Workers Fear for Future as GM Prepares to ‘Unallocate’ Plant

J.C. Penney to Close 24 More Stores: Sales fall as department stores struggle

FOR YOUR HEALTH (Not password protected)

New Study Shows America’s Drug Overdose Crisis Is by Far the Worst Among Wealthy Countries – The opioid epidemic has made America an outlier among wealthy nations when it comes to drug overdoses.

This Weight Loss Strategy Takes Just 15 Minutes a Day

More Severe Flu Strain Starts to Spread Widely

February 25, 2019
Archives

Critical Case Comment

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

It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment.

Rescuing a Troubled Chapter 13: The Unseen Threat

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

“We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. . . . As we talked, it came out that he’d made no post-petition mortgage payments for close to two years.”

Meet an AO Trustee

On June 26, 2017, Bradford W. Caraway was appointed as the Chapter 13 Standing Trustee for the Northern District of Alabama, Southern Division. He replaced D. Sims Crawford who had been appointed as a United States Bankruptcy Judge for the Northern District of Alabama.

!!! IT’S TIME IT’S TIME IT’S TIME !!!

“This year’s program is filled with a range of relevant and timely topics of interest to consumer practitioners. Members of the ABI Commission on Consumer Bankruptcy will discuss recommendations related to Chapter 13 and how those recommendations may impact the Chapter 13 practice. These and other talented speakers will address topics on critical issues involving mortgages, graying of debtors, factors impacting discharge rates, modifications, Chapter 13 duties, powers and limitations, negotiating with secured claimholders, class actions, security clearances, loss mitigation, presentation skills, new bankruptcy rules and local plans, strategies for addressing student loans, and three hours of sessions related to ethics. The always-popular case law update is returning again this year, featuring the Honorable Keith M. Lundin, the Honorable Kevin R. Anderson, and Trustee Henry E. Hildebrand III.” – Program Chair Linda B. GoreRegister NOW for NACTT Indianapolis

Click here for registration forms only

From the Supreme Court

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Argument Analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13

Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019

Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019

Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019

About Income Tax Changes

(Not password protected)

Many Americans Freaking Out About Getting Smaller Tax Refund — Here’s Why It’s Happening

Americans Shocked by Impact of New Tax Law: “My jaw hit the floor”

There’s Always a Car

(Not password protected)

How Scary Are Subprime Auto Loans? Unlike subprime mortgages during the financial crisis, they don’t pose a risk to the system.

For Your Blog

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

As Refunds Dip Again, Treasury Cites Last Year’s Tax Cut

Student Loan Chronicles

(Not password protected)

Student Loan Servicers’ Frequent Mistakes Went Unpunished, Audit Finds

U.S. Student Debt in ‘Serious Delinquency’ Tops $166 Billion

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

OIG Report Finds that Former FHFA Director Watt Acted Inappropriately

Former Oak Park Employee and Husband, Stephanie and Michael Sumner of Waterford, Arraigned on Federal Fraud Charges

U.S. Trustee Program Reaches $15 million Settlement with McKinsey & Company to Remedy Inadequate Disclosures in Bankruptcy Cases

In Case You Missed It . . .

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA)

“ . . ., bankruptcy courts are split as to whether above-median income debtors who experience a negative change in their financial circumstances after plan confirmation are able to modify the plan to reduce the term of the plan below 60 months without full repayment to unsecured claims.”

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Mortgage Delinquency, Foreclosure Rates Lowest in Decades

Article: When Is a Foreclosure Sale Complete?

Article: Mobile Homes: The Billion Dollar Empire

Article: Ellie Mae Goes Private

Article: Mortgage Loans: Beware Time Bars on Enforcing a Note or Mortgage

IN THE NEWS (Not password protected)

Resisting Fraudulent Transfer Temptations — Family Businesses

Dairy Farmers Are in Crisis — and it could change Wisconsin forever – Farmers cling to a dream that, for some, has become a nightmare.

First Circuit Rules That “Incorporation by Reference” of Collateral Description in UCC Financing Statements May Not Perfect Lien

This Is The Thing Most Likely To Cause You Financial Ruin — But Few Prepare For It

OF INTEREST (Not password protected)

Constitution’s ‘Excessive Fines’ Ban Bolstered by U.S. High Court

Personal Finance: Bankruptcy is essential to capitalism

Self-Driving Cars Might Kill Auto Insurance as We Know It

MILITARY MATTERS (Not password protected)

Military Housing: Mold and Rodents

Retaliation Against Military Families Who Speak Up About Housing Will Meet with ‘Swift Action,’ Senators Warn

Hundreds of Vets Are Suing Over These Defective Combat Earplugs

VA Preparing to Launch Major Overhaul of Claims Appeals Process

DEBT AND THE ECONOMY (Not password protected)

A Growing Number of Americans Have More Credit-Card Debt Than Savings

What’s the Average U.S. Credit Card Debt by Income and Age in 2019?

Weakest U.S. Retail Sales Since 2009 Cast Pall Over Economy

FOR YOUR HEALTH (Not password protected)

Drinking Two or More Diet Beverages a Day Linked to High Risk of Stroke, Heart Attacks

February 18, 2019
Archives

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA)

“ . . ., bankruptcy courts are split as to whether above-median income debtors who experience a negative change in their financial circumstances after plan confirmation are able to modify the plan to reduce the term of the plan below 60 months without full repayment to unsecured claims.”

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions – Part II: More Supreme Court Action on Arbitration

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

In this series of articles, Larry Ahern selects several recent decisions addressing the effect of arbitration clauses. He starts with three cases presented to the Supreme Court in 2018, including one decided after Part I of this series was published.Stay tuned for Part III – Mr. Ahern will consider what guidance may be found in the caselaw to date, especially as it relates to core proceedings, like student loan dischargeability disputes.

Note Correction to Part I of this Series

Part I has been corrected since its original publication on January 21. In the Conclusion, the phrase “to extend that commitment” has been amended to read “not to extend that commitment.” Thanks to Mark Leffler for noting the typographical error.

See also:

Applying a U.S. District Court’s Local Mediation Rule in Bankruptcy Court: Iowa & Minnesota Examples

Mediation as “Entirely-Voluntary”: An Unexamined Value That’s Not Worth Keeping

Farmers and Chapter 12

In Debt and Out of Options, Thousands of Dairy Farmers Turn to GoFundMe for Bailout

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Want to learn more about Chapter 12?

On July 15 & 16 (just prior to the NACTT Conference) the Association of Chapter 12 Trustees (Act2) will host a day and a half seminar on all things Chapter 12.

Topics include:

Case law update

Pre-bankruptcy planning

Taxes in Chapter 12

Feasibility & confirmation issues

Legislative update

Core concepts for those new to Chapter 12

Register NOW!

Study of Continued Interest

Personal Bankruptcy Decisions Before and After Bankruptcy Reform

Abstract – We examine the personal bankruptcy decisions of lower-income homeowners before and after the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Econometric studies suggest that personal bankruptcy is explained by financial gain rather than adverse events, but data constraints have hindered tests of the adverse events hypothesis. Using household level panel data and controlling for the financial benefit of filing, we find that stressors related to cash flow, unexpected expenses, unemployment, health insurance coverage, medical bills, and mortgage delinquencies predict bankruptcy filings a year later. At the federal level, the 2005 Bankruptcy Reform explains a decrease in filings over time in counties that experienced lower filing rates.

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019Chapter 7Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019

About Income Tax Changes

(Not password protected)

Tax code changes leave Americans asking, ‘What happened to my refund?’ – “If I were to estimate, two-thirds will pay more than they thought and one-third will get more than they thought,” said one tax preparer.Top Senate Tax Writer Says GOP Will Not Tweak State and Local Deduction Limits

CFPB In The News

(Not password protected)

CFPB Cripples New Rules for Payday Loans

For Your Blog

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

Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app.And, did you know that . . . By law, the IRS cannot release tax refunds for Earned Income Tax Credit or the Additional Child Tax Credit related tax returns before mid-February. “Where’s My Refund?” will be updated by Feb. 23 for most early filers who claimed the EITC or ACTC. These taxpayers will not see a refund date on “Where’s My Refund?” or through their software packages until then. The earliest EITC and ACTC related refunds should be available in taxpayer bank accounts and debit cards starting Feb. 27, if taxpayers used direct deposit and there are no other issues with their tax returns.

Student Loan Chronicles

(Not password protected)

Is This the Way to Curb Student Loan Defaults?

Warner, Thune Introduce Legislation to Address Student Debt Crisis

Here’s Why So Many Americans Feel Cheated by Their Student Loans

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Avenatti to Give Up Financial Control of Law Firm After He’s Accused of Hiding Millions

Court Says Broadview Heights Attorney Who Created Fake Child Porn for Expert Witness

Work Must Pay $300,000 to Victims Despite Bankruptcy

U.S. Bankruptcy Court Rules Computer Financing Scam Operator Must Pay $13.4 Million Judgment

In Case You Missed It . . .

Meet Another Trustee

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Ellie Mae to be Acquired by Private Equity Firm for $3.7 Billion

Article: BB&T to Merge with SunTrust in All-Stock Deal

Article: Foreclosure Sales: When Does a Debtor Lose the Ability to Interfere with the Sale?

Article: Historic Bronx Church Wins Bankruptcy Settlement Ahead of Second Circuit Argument – First Union Baptist Church was fighting to keep an adverse bankruptcy decision from resulting in its deed reverting to control of its creditor.

IN THE NEWS (Not password protected)

Shutdown-Avoiding Spending Package Includes 1.9 Percent Pay Raise for 2019

In Gouletas, Bankruptcy Court Rules Statutes of Limitations Have Limitations

OF INTEREST (Not password protected)

60,000 Ohioans Enrolled in Troubled Multi-Employer Pension Plans

This Is the Real Reason Most Americans File for Bankruptcy

Banking and the Cannabis Industry

Nassar Survivor on USA Gymnastics Bankruptcy Hearing: This was one big ‘I don’t know’

How Bankruptcy Can Help USA Gymnastics and The Boy Scouts Compensate More Survivors – Opinion

Fullbeauty Breaks Record for Fastest U.S. Bankruptcy

PG&E Customers Should Have Formal Bankruptcy Court Status, Consumer Groups Demand

Enactment of the Bankruptcy Code in 1978: A Short History

Laid-Off GM White-Collar Workers: Don’t make these financial mistakes

BY THE NUMBERS (Not password protected)

Hawaii Bankruptcy Filings Skyrocketed 40% Last Month

February 11, 2019
Archives

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division)

“Courts around the county are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).”

Chapter 12 and the Challenge of the New Farm Crisis (Reprinted with permission from the ABI Journal, Vol. XXXVIII, No. 2, February 2019)

By Rebecca R. Garcia, Chapters 12 & 13 Trustee (Oshkosh, WI) and Jan M. Sensenich, Chapters 12 & 13 Trustee (Norwich, VT)

“The Most Powerful – Yet Most Underutilized – Chapter of the Code”

“If your firm does small business chapter 11 or 13 cases, but you have never handled a chapter 12 case, it is worth consider¬ing. There are a lot of farmers and fishermen out there. Their businesses tend to be highly leveraged, and they operate under tremendous financial and physical risks. Very few of them realize what Congress did to help them three decades ago.”

See also:

Farmer Bankruptcies Swell to Decade High in Farm Belt

Farmers Nearing Crisis Push Back on Trump Trade Policies – Low prices, trade wars and higher interest rates are depressing farm incomes.

And note Act2’s new Twitter account – @farmfreshstart

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

Want to learn more about Chapter 12?

On July 15 & 16 (just prior to the NACTT Conference) the Association of Chapter 12 Trustees (Act2) will host a day and a half seminar on all things Chapter 12.

Topics include:

Case law update

Pre-bankruptcy planning

Taxes in Chapter 12

Feasibility & confirmation issues

Legislative update

Core concepts for those new to Chapter 12

Register NOW!

And note Act2’s new Twitter account – @farmfreshstart

Meet Another Trustee

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division.

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13

Location: Southern District of Ohio, Dayton
Application Due: March 19, 2019

Location: Eastern District of Texas, (Tyler, Marshall, Lufkin and Beaumont Divisions)
Application Due: March 1, 2019

Chapter 7

Location: Northern District of Ohio, (Eastern Division, Akron)
Application Due: March 11, 2019

Location: Northern District of Ohio, (Western Division, Toledo)
Application Due: March 11, 2019

Worth repeating . . .

Eviction Diversion Programs and Chapter 13 Bankruptcy

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018)

“With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis.”

About Income Taxes

(Not password protected)

Why Millions of People Are Getting Hit with a Surprise Tax Bill This Year – An effort to make the tax bill look better ended up making it look worse.

CFPB In The News

(Not password protected)

A Deeper Dive into the CFPB’s Debt Collection Disclosure Survey

CFPB Moves to Roll Back Payday Lending Rule

CFPB Fines Payday Lender Cash Tyme $100,000 for Unauthorized Charges and Other Violations

For Your Blog

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

Credit Errors Upend Lives of Thousands of Consumers – Lawsuits accuse Equifax of not properly investigating disputes, despite laws and settlements about the issue dating back decades.

Stuck in Student Loans? Don’t blow your tax refund — here are 4 smart ways to spend it

Student Loan Chronicles

(Not password protected)

Navient Files for Partial Summary Judgment in CFPB Case

Student Loan Debt Burdens Boomers as Well as Millennials – Baby boomers 60 or older are the fastest-growing category of student loan debtors, Guardian Life reports.

Student Loan Interest Rates Are Increasing

Prominent Republican Wants to Take Student-Loan Payments Out of Your Paycheck

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Developer Behind $58M Ponzi Scheme Sells Manhattan Properties at Auction – Michael D’Alessio could lose more than $50M in assets to the Feds

Marana Cattle Fraud Case Leads to New Charges Against Family, Claims of Retaliation

South Dakota Banker Loses Contempt, Sanctions Appeal

A Chapter 13 case. You WANT to read this one . . .Belleville Resident Pleads Guilty to Falsifying a Record in Bankruptcy Proceeding

In Case You Missed It . . .

Critical Case Comment

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

Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Mortgage Rates Tumble to 10-Month Low

Article: Crapo Plan Reasserts Capitol Hill’s Role in GSE Reform

Article: Lower Rates Open Affordability Window

Article: GE Puts Subprime Woes Behind It

Article: Foreclosure Procedure: Very Small Details Can Make A Very Big Difference

IN THE NEWS (Not password protected)

Fifth Circuit Holds That Creditor Lacks Constitutional Standing to Appeal

Fifth Circuit Finds Law Firm Was Not Regularly Engaged in Consumer Debt Collection

Courts Are Making a Killing on Public Records

Pioneering Judge Mary Lou Robinson Dies at 92

Losing Your Driver’s License to Debt

How Simple Misdemeanor Could Land You in Jail for Months

OF INTEREST (Not password protected)

Is Prepetition Bad Faith “Cause” for Dismissal in a Chapter 7?

A Strategy to Beat the Absolute Priority Rule in Family Business Bankruptcies

Chicago Pharma Company that Raised Drug Price by 40 Times Now Bankrupt

BY THE NUMBERS (Not password protected)

The Shrinking Middle Class: By the Numbers

New Medical Bankruptcy Study: Two-thirds of filers cite illness and medical bills as contributors to financial ruin

MILITARY MATTERS (Not password protected)

Chapter 13 related: Why Does the Bankruptcy Code Discriminate Against Disabled Veterans?

PHH Settles U.S. Charges Over Military Foreclosures

Senators Warren, Warner Question Contractors, Military on Unsafe Housing

DEBT AND THE ECONOMY (Not password protected)

GM to Lay Off 4,000-Plus Salaried Workers

Electrolux will Shutter Memphis Plant that at Peak Employed 1,000+

Here’s Where the Jobs Are — in one chart

CEO of Biggest Mall Owner in the US Says He’s Nervous About More Retail Bankruptcies this Year

Bitcoin Investors May Be Out $190 Million After the Only Guy with the Password Dies, Firm Says

Retail Distress Deepens in U.S. on Drag From Debt, Web Spending

February 4, 2019
Archives

Critical Case Comment

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

Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation.

Avoidance Powers in Chapter 13 – Part 6 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)

Judge Gustafson concludes his exploration of Avoidance Powers looking at the hypothetical liquidation for the best interest test? Thank you Judge Gustafson for such a detailed outline.Click here for Part 1 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Click here for Part 4 of 6
Click here for Part 5 of 6

Eviction Diversion Programs and Chapter 13 Bankruptcy

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018)

“With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis.”

The NACTT annual conference will be one of the best, EVER. DON’T MISS IT. All your favorites* will be offered but new topics such as the successfulness, or not, of loss mitigation programs will be discussed.

*Note that the Annual Case Law Update will be Friday AFTERNOON. Reminder, the conference is Wednesday, Thursday and Friday.

From the IRS

(Not password protected)

Here’s What Taxpayers Should Consider When Determining If They Need to File

“For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file Form 1040.”

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Court Rejects Nonstandard Provision for Retention of Tax Refund

New Study

(Not password protected)

Exploitative Revenues, Law Enforcement, and the Quality of Government Service

For Your Blog

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

The 53 Best Customer Rewards Programs – From fast food restaurants to pharmacies, these are the most recommended store rewards programs around. Score freebies, coupons, and other perks!

Legal Services Law Line of Vermont Offers Free Bankruptcy Assistance to Federal Workers

Student Loan Chronicles

(Not password protected)

Fall Behind on Your Student Loans? You could lose your license to work. Texas lawmakers want to change that.

As Education Costs Rise, Employers Are Helping Pay Off Student Loans

How to Never Get Rejected for Student Loan Forgiveness

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

A Chapter 13 case. You WANT to read this one . . . Belleville Resident Pleads Guilty to Falsifying a Record in Bankruptcy Proceeding

Oh My . . . Fyre Festival Bankruptcy May See Group of Instagram Influencers Subpoenaed

Man Sentenced in 2002 for 9-Year Fraud Scheme Faces More Prison Time for Hiding Financial Activities

More Than 770 Million Emails and Passwords Exposed in Massive Breach – Some cybersecurity experts are calling this one of the largest breaches ever

More than 8,000 Investors Were Misled by this $1.2B Ponzi Scheme – Here’s how to spot a fraud

In Case You Missed It . . .

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 2

By Kathryne M. Shaw, Boleman Law Firm, P.C. (Virginia Beach, VA)

“This decision has understandably created concern among those who care about the integrity of Chapter 13, leading some to suggest that the Code and Rules don’t do enough to prevent bad faith debtors from reaping the benefits of the discharge.”Click here for Part 1
Click here for Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”? – The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”NOTE: Commentary Posted at End of Article (scroll to the bottom of the article page and look for ‘Comments’)

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Michigan Should Make these Changes to Help People Keep Their Homes

Report: Foreclosures Down 6% in 2018

Article: Sales Down 6.4% in December

Article: Millions of Mortgage Docs Exposed in Data Breach

OF INTEREST (Not password protected)

Pay Raise for Feds This Year Likely, as Two Proposals Gain Traction

Legislation Introduced in New York, Illinois Would Require Debt Collection Notices

Insurance Claims from Deadly California Wildfires Top $11.4B

Utility Bankruptcy Could Be Costly to Wildfire Victims

GE Pays $1.5 Billion to Finally Resolve Subprime Loan Allegations

Robocallers Blasted Americans with 26.3 Billion Spam Calls Last Year – Robocalls are up 46 percent from 2017

BY THE NUMBERS (Not password protected)

Bankruptcy Filings Fall 2%

MILITARY MATTERS (Not password protected)

Here’s How Some Military Spouses Could Get Potentially Thousands of Dollars in Tax Refunds

Man Ordered to Pay $1 Fine in Scheme to Bilk Veterans Out of Pensions

Millions of GI Bill Dollars Are Going to Questionable Schools — and it could soon be billions: VA watchdog

CFPB Asks Congress for Authority to Sniff Out Predatory Military Lenders

Lawmaker Vows to Protect Student Loan Forgiveness Program for Troops, Others

VA Unveils Proposed Rules Extending More Private Care to Veterans

DEBT AND THE ECONOMY (Not password protected)

Mulvaney: Federal Employees Should Receive Back Pay By End of the Week

Ladder-Maker Werner Co. to Close Louisville Plant, Ship Jobs to Mexico

GoFundMe CEO Says One-Third of All Fundraisers Are Now for Medical Reasons

Survey: Businesses Added a Strong 213,000 Jobs in January

Corporations Increasingly Seen Defaulting on Debt – Survey

Economy is Booming, Yet Middle-Class American Workers Still Struggling

Off the Charts: Holiday Heartbreak for Retailers

Sweethearts Candies Won’t Be on Shelves This Valentine’s

HEALTHCARE IN THE NEWS (Not password protected)

Taken for a Ride: Your medical emergency could end in bankruptcy

Obamacare Helps Save Low-Income People from Losing their Homes, Study Shows

Former Employees in Debt after Company Bankruptcy Leaves Medical Bills Unpaid

January 28, 2019
Archives

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 2

By Kathryne M. Shaw, Boleman Law Firm, P.C. (Virginia Beach, VA)

“This decision has understandably created concern among those who care about the integrity of Chapter 13, leading some to suggest that the Code and Rules don’t do enough to prevent bad faith debtors from reaping the benefits of the discharge.”Click here for Part 1

Click here for Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

– The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”NOTE: Commentary Posted at End of Article (scroll to the bottom of the article page and look for ‘Comments’)

Avoidance Powers in Chapter 13 – Part 5 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)

Judge Gustafson continues his exploration of Avoidance Powers, answering the question: Does the trustee having avoidance powers create a corresponding duty to use them?Click here for Part 1 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6
Click here for Part 4 of 6

The Government Shutdown and Chapter 13 Plan Arrearages -What Do We Do Now?

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont

Many of you have asked for guidance. Here, Trustee Sensenich offers options for trustees and practitioners in these uncharted waters.Be sure to note the comments at the very bottom of the article page and feel free to enter your own.

From the IRS

(Not password protected)

Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

Union Says IRS Worker Absences Expected to Surge Amid Shutdown

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Bankruptcy Court Says Call First Before Seeking Attorney’s Fees

Court Applies Beard Test to Late-Filed Return

From the Courts

(Not password protected)

Judiciary Has Funds to Operate Through Jan. 31

US Bankruptcy Court Announcement of Retirement of Hon. Kevin J. Carey, effective August 31, 2019

For Your Blog

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

1 in 3 Consumers Fear They Will Max Out a Credit Card

Guide to Responsible Credit Card Use in College

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Millions of sensitive mortgage documents exposed in massive data breach

The 4 most common mortgage and real estate scams and how to stop them

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: The Unusually Large Drop In Home Sales Has Real Estate Agents Baffled

Article: Rates Down, But Better Hurry!

Article: 11th Cir. Direct Payments to Secured Not Discharged

Article: Preventing Foreclosure During Furlough

Article: Lack of Inventory Pushes ARM Share to Eight-Year High

IN THE ‘OH MY’ CATEGORY (Not password protected)

China Launches App That Tells You If You Are Within 500 Yards Of Someone In Debt – And encourages you to report them if they seem capable of paying up

Paralegal for Sears Bankruptcy Case Billed $174K in One Month

BY THE NUMBERS (Not password protected)

Bankruptcy filings are at a 10-year low, but not for the reasons you might think

DEBT AND THE ECONOMY (Not password protected)

Pollster Says Shutdown Has Highlighted Workers Living Paycheck to Paycheck

Remember the Subprime Mortgage Mess? $1.2 Trillion in Risky Corporate Debt Is Flashing Similar Warning Signs

One Potential Winner from Government Shutdown — Payday Lenders

Why Many Stores Can’t Accept Food Stamps During Shutdown

Next Shutdown Victim: School lunches

Shutdown Clouds Outlook for Consumer-Driven U.S. Economic Growth

How the 2019 Shutdown Could Impact a ‘Whole Generation of Workers’

MILITARY MATTERS (Not password protected)

CFPB seeking compliance authority on military lending
Bureau asks Congress for “clear authority to supervise” military lending compliance

50,000 Coast Guard retirees at risk of not receiving pension checks during shutdown

OF INTEREST (Not password protected)

Americans More Likely to Die from Opioid Overdoses than Car Crashes

Correcting a Defect in Chapter 7: New Effort to Overturn Dewsnup v. Timm

FOR YOUR HEALTH (Not password protected)

Sleeping Less Than Six Hours a Night May Boost Risk of Cardiovascular Disease, Says Study

January 21, 2019
Archives

Martin Luther King Jr. – A look back at the life of an American icon

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

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

In his next articles, Larry Ahern selects several recent decisions addressing the effect of arbitration clauses, starting with two cases presented to the Supreme Court in 2018, and considers what guidance may be found in the caselaw to date, especially as it relates to student loan dischargeability arbitration.

Avoidance Powers in Chapter 13 – Part 4 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)

Judge Gustafson continues his exploration of Avoidance Powers, this week taking a deeper dive into the case law on the avoidance powers of the chapter 13 debtors.Click here for Part 1 of 6
Click here for Part 2 of 6
Click here for Part 3 of 6

Meet Another of the New Trustees

On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio replacing retiring Toby Rosen who served in this position for 30 years.

Northern District of MS Welcomes New Judge

(Not password protected)

Investiture Ceremony Honors Local Bankruptcy Court’s Newest Judge

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Fifth Circuit Bludgeons Debtors with Judicial Estoppel Ruling

Serial Filings and the Automatic Stay

From the Courts

(Not password protected)

U.S. Bankruptcy Court Could Be Affected by Shutdown (from Canton, OH)

Judiciary to Continue Funded Operations Until Jan. 25

For Your Blog

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

The No. 1 Way to Avoid Financial Disaster, According to this New York Bankruptcy Judge

The IRS Will Process Your Tax Refund During the Government Shutdown – Probably.

Guide to Responsible Credit Card Use in College

Student Loan Chronicles

(Not password protected)

Florida Board of Health Suspends Health Care Licenses Over Student Loan Defaults – Economist Fears Law Will Put Many Out of Work

Employers are Offering to Help Pay Off Workers’ Student Loans

4 Shutdown Tips for Student Loan Borrowers

Fed Study Gauges Toll of Student Debt on Millennial Homeownership

MORTGAGES AND DEEDS OF TRUST (Not password protected)

U.S. Mortgage Applications Climb to 11-Month High: MBA

Why Mortgage Lending at Wells Fargo, Chase and Citi Plunged

Cash-Out Mortgage Refinancing: Here’s where homeowners are using it most

MILITARY MATTERS (Not password protected)

For the First Time in History, a US Military Service Is Working Without Pay

CBO Suggests Raising Tricare Fees, Cutting Veteran Benefits to Slash Deficit

OF INTEREST (Not password protected)

Here’s What Happens to Social Security and Disability Benefits During a Government Shutdown

Judge Denies ‘Essential’ Federal Workers’ Request to Be Paid During Shutdown

Air Traffic Controllers Union: Flying is ‘less safe today than it was a month ago’

Pawn Shop Owner Says He Sees 10-20 Federal Employees Every Day During Shutdown

Democrats Move to Prevent Foreclosures, Evictions on Unpaid Federal Workers 22 Democrats introduce legislation to protect federal workers

BY THE NUMBERS (Not password protected)

More Chattanoogans Going Broke as Southeastern US Leads Nation in Bankruptcy Filings

DEBT AND THE ECONOMY (Not password protected)

Federal Shutdown May Leave More Than 900,000 Hungry in Tennessee

Government Shutdown Is Hurting Rural People Who Can Least Stand It

FOR YOUR HEALTH (Not password protected)

Chocolate is a Better Cough Suppressant Than Your Cough Syrup, Study Says

January 14, 2019
Archives

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System Part 1 of 2

By Kathryne M. Shaw, Boleman Law Firm, P.C. (Virginia Beach, VA)

This article will examine the Holman case further, but it does not believe Holman is cause for alarm. Posted this week is part one of a two part article.

From the Editor

Bankruptcy Protections Limited for Repeat Filers

By William H. Brown, United States Bankruptcy Judge (Retired) and Academy Editor & Advisor

Judge Brown takes a quick look at a recent First Circuit decision.

Avoidance Powers in Chapter 13 – Part 3 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)

Judge Gustafson continues his exploration of Avoidance Powers, this week looking at § 522(h) & (g) and the statutory basis for, and against, chapter 13 debtors exercising avoidance powers.Click here for Part 1 of 6
Click here for Part 2 of 6

Meet One of Our Newest Trustees

Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018

From the National Consumer Bankruptcy Rights Center

(Not password protected)

9th Circuit Clarifies Appellate Attorney’s Fees in Sanctions Case

“ . . . the Ninth Circuit Court of Appeals reversed the judgment of the District Court.”

From the Supreme Court

(Not password protected)

Can You Be Held in Contempt for Obeying a Court Order? The U.S. Supreme Court Will Decide

SCOTUSblog: Is Foreclosure Debt Collection?

Student Loan Chronicles

(Not password protected)

Another Bankruptcy Court Weighs in on the Tuition Clawback Controversy

Hungry U.S. College Students Are Going Without Food Stamps Amid Confusion Over Eligibility

For-Profit College to Cancel Almost $500 Million in Student Loan Debt as Result of Settlement

For Your Blog

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

Affected by the Shutdown? The Do’s and Don’ts

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Cylvia Hayes Criticized For ‘Bad Faith’ In Bankruptcy Proceedings

‘Restitution comes first:’ Judge cuts twins’ prison sentence for $18 million Ponzi scheme

Fallout From Billion-Dollar Ponzi Scheme Stretches to East Tennessee

Consumer Diary: Collection agency amasses complaints

IN THE NEWS (Not password protected)

Local Bankruptcy Rules Cannot Add Additional Chapter 13 Confirmation Requirements

Cleveland Family Left with $15,000 Demolition Bill 14 Years After Bankruptcy

New York Adopts Amendments Addressing Collection of Family Member Debts

Unpaid Federal Workers Asked Wayne County for Help — and It Worked

MORTGAGE MATTERS (Not password protected)

Article: Applications Up 23%!

Article: Gov Shutdown Affecting Housing Market

Article: How Shutdown Affects Mortgages

Article: Helping Unpaid Federal Workers with Their Mortgage

Article: 11th Cir Holds Mortgages Not Dischargeable in CH 13

Article: Rates Dip to Start 2019

Article: When the Lender Makes Mistakes

Article: Some PHH Foreclosures to Pay Eligible Home Owners

MILITARY MATTERS (Not password protected)

Coast Guard Only Military Branch Going Without Pay During Shutdown – Northeast Florida Coast Guard families feeling pinch of no paychecks

Room Rates Rising as Pentagon Cuts Taxpayer Funding for Base Lodging

USAA Sparks Customers’ Ire During Government Shutdown

OF INTEREST (Not password protected)

70 Direct Effects of Partial Government Shutdown (and Counting)

Fighting to Be American (not bankruptcy related)

BY THE NUMBERS (Not password protected)

Bankruptcy Filings Rise Again Across Arizona, Even Higher in Tucson-Area

HEALTHCARE IN THE NEWS (Not password protected)

US Spends Twice as Much on Health Care as Its Peers

Health Care Industry Spends $30 Billion a Year on Marketing – Critics say patients are often misled by ads that advocate high-priced drugs, unapproved stem cell treatments or genetic tests.

DEBT AND THE ECONOMY (Not password protected)

Businesses Offer Furlough Freebies, Shutdown Specials and Assistance to Federal Workers

‘This is Ridiculous’: Small-business owners can’t get loans as shutdown enters Day 20

As Government Shutdown Goes On, Workers’ Finances Fray: ‘Nobody Signed Up for This’

Fed Chairman Powell Says He Is ‘Very Worried’ about Growing Amount of U.S. Debt

U.S. Recession Risk Hits Six-Year High Amid Trade War, Shutdown

Economist: Expect General Motors to lay off even more Michigan workers

FOR YOUR HEALTH (Not password protected)

Want to Prevent the Deadliest Diseases? Eat More Fiber

January 7, 2019
Archives

Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

By Academy Staff

The District Court of Kansas has lowered the bar of acceptable conduct by Debtors to a new, unimaginable low. “The policy implications of this holding are greatly distressing.”

Avoidance Powers in Chapter 13 – Part 2 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)

Judge Gustafson continues his exploration of Avoidance Powers, looking at the case law and
working backward from the rest of the Code to Chapter 13.Click here for Part 1 of 6

Passing of Former Clerk

(Not password protected)

Condolences to the Family of Betty Lois Jennette

Click here for obituary

Passing of Bankruptcy Judge – Update

(Not password protected)

Coroner: Bankruptcy judge’s death a suicide

Posted 11/26/18: Federal Bankruptcy Judge Hon. Laurel E. Babero Dies in Courthouse

From the Courts

(Not password protected)

Courts Endure Rough Storm Season

From the IRS

(Not password protected)

IRS Issues Standard Mileage Rates For 2019

Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

58 cents per mile driven for business use, up 3.5 cents from the rate for 2018,

20 cents per mile driven for medical or moving purposes, up 2 cents from the rate for 2018, and

14 cents per mile driven in service of charitable organizations.

However, it is important to note that under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses.

Student Loan Chronicles

(Not password protected)

Dept. of Education to Cancel $150 Million In Student Loan Debt

Navient Audit: Borrowers May Have Paid More for Student Loans

Former ITT Tech Students Get $600M in Debt Relief from Bankruptcy Judge

Exclusive: Ed Department to Erase Debts of Teachers, Fix Troubled Grant Program

(Not just another saga but a potential primer on how to succeed) A Teacher’s Long Road to Student Loan Forgiveness (and a $4,500 Surprise)

Will Half of All Colleges Really Close in the Next Decade?

Trump Administration Refuses to Publish Required Report on Student-Loan Borrower Complaints

For Your Blog

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

Revolving Credit Is Keeping Cardholders Mired in Debt

What Consumers Should Know When Debt Collectors Call

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Assaulting His Mother Cost Attorney Ability to Practice for 1 Year

Feds Arrest Student Debt-Relief CEO Who Allegedly Scammed Borrowers Out of $28 Million

FTC Halts Student Loan Debt Relief Schemes

Mike/Melissa Stamp Named in 5-count ‘Superseding Indictment’

Bankruptcy Jurors Award Petters Co. Victims $3.5 Million in Clawback Money

MORTGAGE MATTERS (Not password protected)

Article: FEMA Reverses Course, Reinstates NFIP ‘Without Interruption’

Article: Mortgage Preference: Dilly-Dally Around with Recording and You May Lose

MILITARY MATTERS (Not password protected)

This Federal Program Wipes Away Disabled Vets’ Student Debt – They’re defaulting on their loans anyway

Stolen Valor Meets Fake News: Facebook trolls targeting vets

OF INTEREST (Not password protected)

The Government’s Perspective on Health Care Bankruptcies

Newly-Proposed Bankruptcy Legislation (“Small Business Reorganization Act”) Needs To Be Enacted ASAP

Supreme Court to Decide Whether Debtors Can Terminate a Licensee’s Rights to Trademarks under License Agreements

Will Bankruptcy Courts Treat Bitcoin as a Commodity?

‘John Wick’ Producer Challenges Lender’s Claim in Bankruptcy

Bankrupt Former Heinz Chief Tony O’Reilly Moves to Block Civil Lawsuit by Personal Nurse

Mike Isabella’s Restaurant Empire Is Headed For Liquidation – He blames ‘bad press’

BY THE NUMBERS (Not password protected)

Total Bankruptcies Dip in November

DEBT AND THE ECONOMY (Not password protected)

Government Shutdown – Employees lose not only paychecks but paid time off, too

(A wave of the future?) School Turns Students’ Lunch Debt Over to Collection Agency

Debt Collector Reaches Settlement with 41 States – Thousands of consumers will have debts forgiven

December 31, 2018
Archives

Avoidance Powers in Chapter 13 – Part 1 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)

Judge Gustafson kicks off the new year (well, end of the old!) with an excellent six part outline on avoidance powers.

From Credit Slips

(Not password protected)

A couple of humorous posts we think you will enjoy:

A Contract Lawyer’s X-mas Greeting

Contractual Lunacies

From the Courts

(Not password protected)

Judiciary Operating During Shutdown

Chief Judges to Step Down After a Combined 33 Years of Service

Student Loan Chronicles

(Not password protected)

More Than 41,000 Public Service Workers Sought Federal Student Loan Forgiveness – Government Approved 206

The Perilous Gap Between Lofty Goals of Student-Loan Forgiveness — And the Fine Print

She Was Denied Public Service Loan Forgiveness, So She Filed a Lawsuit

Navient Must Face State’s Suit on ‘Predatory’ Student Loan Plans

Education Dept. Cancels Plan for New Student Loan System and Will Try Again

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Westerville Lawyer Suspended for Sexual Affair with Client. . . and failing to file a bankruptcy

Gary Frank Saga Hits New Phase – His firm is sold for a pittance as he faces loan fraud charges

MORTGAGE MATTERS (Not password protected)

Article: US Banks Tighten Credit

Report: Downsizing Causing Increase in Mortgage Application Defects

Article: U.S. Pending Home Sales Fall Unexpectedly in November

MILITARY MATTERS (Not password protected)

As U.S. Soldiers Battle Landlord, Confidential Records Shine Light on His Lucrative Business

OF INTEREST (Not password protected)

Judge Denies Bankruptcy Protection to Delinquent Landlord

Christmas Nightmare! No Bankruptcy Relief for Dina Lohan as Judge Dismisses Case

How a Judge Makes Mediation Work: Defending the Mediator

Kraninger Reverses Mulvaney’s CFPB Name Change in First Move as Director

$575 Million Settlement with Wells Fargo for Unfair & Deceptive Trade Practices

DEBT AND THE ECONOMY (Not password protected)

Lawmakers Scramble Unsuccessfully to Include Federal Pay Raise in Senate Spending Package

U.S. Banks Quietly Pull Back from Riskiest Loans Amid Recession Fears

HEALTHCARE IN THE NEWS (Not password protected)

Insured, But Indebted: Couple Works 5 Jobs to Pay Off Medical Bills

Gallup: 29% of Americans Delay Healthcare Because of Cost

December 24, 2018
Archives

December 17, 2018
Archives

Amendments to Remaining Rules of Procedure Related to Bankruptcy Appeals Effective December 1, 2018

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

This month saw amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes are of more interest to the Chapter 13 community than others and were the subject of analyses by Larry Ahern published here before their December 1 effective date, including Rule 8011, dealing with electronic filing and service.His analyses continue this week with the remaining changes in Part VIII.See also:

Electronic Filing Comes of Age – Part I: Revised Bankruptcy Rule 5005

Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5

Late-Filed Secured Claims After the 12/01/2017 Rule Changes

December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1

Give Me Back My Car! Recent Cases Highlight Circuit Split over Whether Failure to Return Repossessed Property Violates the Automatic Stay

By Glenn Huether, Senior Counsel Consumer Banking Division, Wells Fargo Legal Department (Charlotte, NC)

“Whether a lender is required to turnover repossessed property immediately after a debtor files a Chapter 13 petition – and whether the failure to return that property is a violation of the automatic stay – is an issue that deeply divides the circuits and may be headed to the Supreme Court for review.”

Cars & Bankruptcy: What You Must Know to Get It Right

By Cathy Moran, Mt. View, CA

Think you know how to handle cars and their loans in the Schedules? Are you sure you are doing it right?“It’s time for a summary and refresher on dealing with car loans in bankruptcy. Somehow, my staff hit a wall this week on what information we needed about cars and car loans. So, here’s my roadmap to cars in bankruptcy.”

From the Courts

(Not password protected)

Judges: Separation of Powers Protects Bill of Rights
In a new, five-minute video, federal judges offer insights into their thinking about the separation of powers and describe how healthy tensions among the branches have a stabilizing effect on democracy.Current Rules of Practice & Procedure
Detailed information regarding the December 1, 2018, amendment.

Farms in the News

(Not password protected)

$12 Billion Program to Help Farmers Stung by Trump’s Trade War Has Aided Few

For Your Blog

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

Taxpayers Can Now Instantly Get Tax Info on Instagram

The IRS also has their own app, IRS2Go. Taxpayers can use this free mobile app to check their refund status, pay taxes, find free tax help, watch IRS YouTube videos and get IRS Tax Tips by email. Like Instagram, the IRS2Go app is available from the Google Play Store for Android devices, or from the Apple App Store for Apple devices. IRS2Go is available in both English and Spanish.

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Former Paralegal and Middletown Mayor, Pleads Guilty to Stealing from His Law Firm and His Brother

MORTGAGE MATTERS (Not password protected)

Article: Trump Picks Calabria to Head Federal Housing Finance Agency

FreddieMac: Rates Dip, Applications Up

FreddieMac: Inventory Short for Years to Come

Article: In Down Market Sub Prime Stays Positive

Credit Slips: 10 Years After the Foreclosure Crisis

MILITARY MATTERS (Not password protected)

Making a PCS Move from Overseas? Your Social Security number and other personal data might be at risk.

New Research Could Lead to Disability Benefits for Vietnam Veterans with High Blood Pressure

OF INTEREST (Not password protected)

Federal Arbitration Act is Superseded by U.S. Constitution’s “Uniform Laws on . . . Bankruptcies” Clause

How USA Gymnastics’ Bankruptcy Petition Impacts Larry Nassar Survivors

Senate Confirmed Director for CFPB Who Has No Background in Consumer Issues

Michigan Supreme Court Will Decide Constitutionality of Tax Foreclosure Laws

DEBT AND THE ECONOMY (Not password protected)

What’s Under the Tree This Year? Bigger Credit Card Bills – Tax experts warn that changes to IRS withholding tables mean people could get a smaller tax refund — and less money to pay off that holiday spending tab.

December 10, 2018
Archives

Watch the Clock – Timing of Appeals

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)

“A recent decision out of the Sixth Circuit may bring some much needed clarity to the situation.”

American College of Bankruptcy Elects Chapter 13 Trustee Marie Ann Greenberg as a Fellow

(Not password protected)

By Isabel C. Balboa, Chapter 13 Standing Trustee for the District of New Jersey (Camden)

“Marie-Ann is one of 36 inductees to this year’s class and joins 12 other Chapter 13 Trustees . . .”

On the CFPB

(Not password protected)

Senate Votes to Advance Trump Consumer Bureau Pick

For Cause Removal of the CFPB Director?

The Cost of the CFPB Name Change

From the IRS

(Not password protected)

Strong Passwords Help Protect Accounts Against Cybercriminals

Passwords like – “uE*s3P%8V)” – are out. Longer, personal phrases people can remember – for example, SunWalkRainDrive – are now preferred.

Employers Should Be Aware of W-2 Scam, Protect Employee Information

Farms in the News

(Not password protected)

Farm Bankruptcies Surpass Great Recession Levels in Upper Midwest

Student Loan Chronicles

(Not password protected)

Is Public Service Loan Forgiveness Going Away?

Here’s How the Student Loan Landscape Has Changed Since 2013

Major For-Profit College Chain Collapses, Leaving Students Scrambling

Yes, Student Loans Really Are Making Millennials Go Broke

Student Loan Giant Navient Responds To Allegations Of Abuse With A Bizarre Subpoena Of A Former Federal Official

She Took Out $20,000 In Loans For Her Son’s College – Then he went blind

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

After Microsoft Complaints, Indian Police Arrest Scammers at 26 Call Centers – Indian police raid 26 call centers, make 63 arrests

Ponzi Scheme Victims May Get Most of Investments Returned

6.2-Carat Ring that Sent Scottsdale Lawyer to Prison Auctioned Off at Discount

North County Family Says They Lost Thousands of Dollars in Bank Scam

Reggie Rucker, Ex-Cleveland Brown Who Stole from Anti-Violence Nonprofits, Files for Bankruptcy

IN THE NEWS (Not password protected)

Delinquent Property Tax Sales and the Equity of Redemption: When Is Property Really, Really, Really Gone?

Milwaukee Attorney Appointed District Bankruptcy Judge (Follow up to article from last week)

MORTGAGE MATTERS (Not password protected)

Housingwire.com: Affordability vs Inventory

Article: In a Down Mortgage Lending Market, Subprime Stays Positive – Transunion reports rise in subprime originations

MILITARY MATTERS (Not password protected)

Majority of Veterans Eligible for Loan Forgiveness Are in Default

How Military Service Impacts Student Loan Repayment Options

OF INTEREST (Not password protected)

Verdict Is In: Food Stamps Put Poor Kids on Path to Success – Long-term evidence starting in the 1960s now shows that government support in childhood reduces the need for welfare in adulthood.

Fifth Circuit Reminds Buyers to Beware of Buying “Deemed Rejected” Contracts (Chapter 7 issue)

Boris Becker Drops Bankruptcy Immunity Claim

Fifth Circuit Adopts Flexible Approach to Collateral Valuation in Cramdown Chapter 11 Cases

FOR THE ACADEMIC SET (Not password protected)

The Same Bond Market Move Happening Now Occurred Before the Last Three Recessions

Explainer: What Is An Inverted Yield Curve?

DEBT AND THE ECONOMY (Not password protected)

Pension Plans for Millions of Americans Are on Brink of Collapse

Millennials are Killing Countless Industries — but the Fed says it’s mostly just because they’re poor

America Is Poorer Than It Thinks — Statistics don’t quite capture the extent of U.S. poverty. A new measure could change that.

Bitcoin Miner Consolidation Increases Risk of More Crypto Mayhem

US HEALTH CARE (Not password protected)

In One Year, the Number of Florida Kids with No Health Insurance Went Up by 37,000. Why?

December 3, 2018
Archives

Late-Filed Secured Claims After the 12/01/2017 Rule Changes

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)

“Attorneys for debtors and creditors need to be aware of the law and customs in their local jurisdictions.”

NCLC Press Release

(Not password protected)

National Consumer Law Center Advocates Urge HUD to Take Immediate Action to Reduce Foreclosures on Widows and Widowers of Reverse Mortgage Borrowers

Eastern District of Wisconsin Bankruptcy Appoints Judge

(Not password protected)

Congratulations Katherine Maloney Perhach who was the chair of Quarles & Brady’s Financial Institutions Litigation Practice Group and a leader of the firm’s Financial Services Industry Team.

From the IRS

(Not password protected)

Proposed Hardship Withdrawal Regulations Include Relief for Disaster Victims: Retirement Plans Can Now Make Loans, Hardship Distributions to Victims of Hurricanes Michael and Florence

Farms in the News

(Not password protected)

Penny for Your Corn? Stingy trade-war aid irks U.S. farmers

Farm Bankruptcies on the Rise According to New Fed Report

Farm Bankruptcies on the Rise, Bankers Worry Far More on the Way

Farm Bankruptcies Are on the Rise, and Trump’s Trade War Isn’t Helping

Farming Bankruptcies Growing Across Indiana

Chapter 12 Bankruptcies Lower Across Farm Country

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Foreclosure Not Complete Until Deed Recorded So Debtor May Cure and Maintain

Student Loan Chronicles

(Not password protected)

ITT Tech Students Score Victory in Bankruptcy Settlement

DeVos Warns of Crisis Amid Ballooning Student Debt

DeVos Reinstates Controversial Gatekeeper of For-Profit Colleges

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Marriott Reveals Data Breach of 500 Million Starwood Guests

Sentencing for Boulder Spinal Surgeon in Bankruptcy Fraud Case Pushed Back to Spring 2019

North Shore Bankruptcy Lawyer Disbarred

For Your Blog

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

If You Attended ITT Tech, Some of Your Student Debt Will Be Erased

When to Contact Your Student Loan Servicer – Sometimes borrowers need to be proactive about reaching out to their servicer

IN THE NEWS (Not password protected)

Disallowed Claims: Just Because a Claim Is Rejected Does Not Mean the Underlying Lien Disappears

Filing Bankruptcy to Reject a Mediated Settlement Agreement: Will it Work?

Has the New Tax Law Stopped People from Giving to Charity?

The Problem with Charitable Giving – Taxpayers should not have to subsidize rich people’s donations.

States Rush to Collect Online Sales Tax

MORTGAGE MATTERS (Not password protected)

Article: The Other Housing Crisis: Cities where home prices are low because people have left

Article: A Tale of Two Fishers: Unsettling Ohio’s ‘Well-Settled Law’ on the Proper Statute of Limitations for Mortgage Foreclosure Actions

Article: US New-Home Sales Plunged 8.9% in October

Article: Buying and Selling a Home Will Become More Difficult in 2019 – Affordability to diminish

Article: 5 Ways You Might Be Committing Mortgage Fraud – It carries a penalty of up to 30 years in jail or $1 million in fines.

OF INTEREST (Not password protected)

No Relief for Broke Dina Lohan! Trustee Begs Judge to Dismiss Bankruptcy Case

Churches Use Political Pressure, Small-Dollar Loans to Fight Predatory Payday Lending

Protect Small Businesses from Predatory Lenders – Small business lending remains largely unregulated in the U.S., with no consistent requirements for clear disclosure of terms and interest rates.

Former Student Loan Chief Says Trump Administration Sided with Predatory Banks, Starts Watchdog Group

Small New England City Was on the Verge of Bankruptcy – Now It’s a Turnaround Success Story

FOR THE ACADEMIC SET (Not password protected)

From Harvard.edu: Regulating Bankruptcy Bonuses (Chapter 11 issue)

DEBT AND THE ECONOMY (Not password protected)

General Motors, Sears and Toys R Us: Layoffs across America highlight our shredding financial safety net

US HEALTH CARE (Not password protected)

Soaring Health-Care Costs Forced This Family to Choose Who Can Stay Insured

Why US Health Care Costs Defy Common Sense

Overdoses, Bedsores, Broken Bones: What happened when a private-equity firm sought to care for society’s most vulnerable

FOR YOUR HEALTH (Not password protected)

CDC Says Life Expectancy Down as More Americans Die Younger Due to Suicide and Drug Overdose