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September 26, 2022
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Archives |
Quick Confirmation – BAP Says Not so Fast
Critical Case Comment – Don’t File an Individual Chapter 13 if the Assets Are Owned by an LLC; It Will Cost You – BIG
“Jan Hamilton” – Need We Say More?
“Before and during the oraI arguments I sat next to a former clerk for Justice Rehnquist. She was very impressed with Jan’s abilities, commenting that she had seen many oral arguments and that Jan was really good, one of the best!”
Interesting New Bankruptcy Study
The Modern Family Debacle: Bankruptcy Judges Decide That Some of the Debtors’ Loved Ones Do Not Count as Household Members
Fond Farewell to Alabama Trustee
“. . . we couldn’t let this moment pass without acknowledging how admired and respected you are.”
From the Courts
- W.D. PA – The Honorable Gregory L. Taddonio has been appointed Chief Judge of the United States Bankruptcy Court for the Western District of Pennsylvania effective 9/23/22
- M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.
Student Loans Chronicles
- White House Releases State-By-State Student Debt Forgiveness Estimates – Biden’s plan could eliminate student debt entirely for 20 million borrowers
Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.
Positions Available
- E.D. Washington – Term Law Clerk – Application Deadline 10/17/22
- D. Arizona – Clerk of Court – Application Deadline 10/11/22
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
Sanctions and Irony and Fraud, Oh My!
- A Tale of Fraud and Overzealousness: How the Judicial Shrinkage of “Initial Transferee” Saved an Innocent Immigrant From a Corrupt Car Dealer and a Troublesome Trustee (Chpt 7 case)
- People Around the Country Who Have Paid Matt Sowash Thousands of Dollars for the Small Dwellings After Seeing Him on Tiktok Say He Never Delivered on His Promises (Not bankruptcy related . . . yet. Could also be in For Your Blog.)
- Don’t Panic—Just Another Hearing! As you will see in the link, The House Judiciary Committee may hold a hearing on September 29, concerning the Nadler-Warren Consumer Bankruptcy Reform Act that was introduced in the last Congress. Whether the proposed legislation gets any traction in the current Congress remains to be seen, but a hearing is not necessarily an indication that consumer bankruptcy legislation has significant congressional support.
- At press time, ConsiderChapter13.org sources were informed that no hearing was on the agenda of the Senate Committee staff.
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September 19, 2022
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Archives |
The Effect of “Success” (or the Lack of It) on Attorneys’ Fees – Part 1: Judicial and Legislative Background
“Chapter 13 debtors and their counsel may like the result in the case, because it gives them another tool for keeping the cost of professional services under control. However, the “results obtained” measure can cut both ways.”
Critical Case Comment – You Might as Well Plan for the Wrecked Car
The Student Loan Debacle: Causes & Cures
Former Bankruptcy Judge and NACTT 2021 Featured Speaker Honored
From the Western District of Michigan
From the CFPB
CFPB Study Details the Rapid Growth of “Buy Now, Pay Later” Lending – Business model relies on data collection, and loans serve as close substitute for credit cards
From the Courts
- M.D. NC – Please note that on and after October 1, 2022, all new Chapter 13’s in the Durham Division and all new Chapter 13’s in the Greensboro Division (all counties) will be assigned to Trustee Troxler. Pending cases in the Durham Division will also be transferred to Trustee Troxler.
- D. SC – Selection of Chief Deputy Clerk
- M.D. NC – U.S. Court of Appeals for the Fourth Circuit has selected John Paul “JP” H. Cournoyer, of Chapel Hill, N.C., to fill the Bankruptcy Administrator vacancy in the Middle District of North Carolina created by William Miller’s upcoming retirement.
- M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
- M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
Student Loans Chronicles
Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.
Positions Available
- D. Arizona – Clerk of Court – Application Deadline 10/11/22
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
For Your Blog
- Student Loan Forgiveness Window Still Open for Service Members, DOD Civilians – Service members and Defense Department civilians with student loans have until Oct. 31 to benefit from a temporary expansion of the Public Service Loan Forgiveness program, which makes it easier for more borrowers to have the debt forgiven.
Sanctions and Irony and Fraud, Oh My!
- Criminal Complaint Lodged Against Judge After Litigant Rushed to Hospital – Even if the judge doesn’t think he did anything wrong, he’s got to step away from this one. (Not a bankruptcy case but falls in the ‘too good to not post’ category!)
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September 12, 2022
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Archives |
Bankrupt Attorney Cannot Discharge State Court Sanctions
This case has it all –sex (albeit alleged), lies, drugs, and a big’o’ fat sanction at the end!
“In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6) and that the state court proceeding precluded litigating the issue in bankruptcy.”
Did You Really Rely Upon That?
“The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement.”
Yep, you read that right! If you’ve been around consumer practice a while, you may have attended one of Judge Lundin’s Advanced Bankruptcy Institutes – in those workshops, there was ALWAYS a bank’s witness (thank you very much, Martin Keefer – we love you!). This case reminds me of that . . . one take-away PREP YOUR WITNESS!
Demystifying Bankruptcy Appeals
By the Numbers
Bankruptcy Filings Increase Across All Chapters in August 2022 – Total Filings Up 10 Percent Year-Over-Year and 15 Percent Month-Over-Month (I thought it was in poor taste to use balloons as a graphic!)
From NCBRC
From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- M.D. NC – U.S. Court of Appeals for the Fourth Circuit has selected John Paul “JP” H. Cournoyer, of Chapel Hill, N.C., to fill the Bankruptcy Administrator vacancy in the Middle District of North Carolina created by William Miller’s upcoming retirement.
- C.D. CA – On September 8, 2022, Chief Judge Theodor C. Albert issued General Order 22-01 In Re: Prohibition on Broadcasting, Televising, Recording, and Photographing Bankruptcy Court Proceedings, including Hearings Conducted by Remote Transmission.
- M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
- M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
Student Loans Chronicles
Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.
- ‘There’s a lot of people celebrating prematurely’: GOP could bring a legal challenge to block Biden’s student loan forgiveness plan
- From the ABA: The Student Loan Debt Fire Burning Around Us
Positions Available
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
Sanctions and Irony and Fraud, Oh My!
- Maryland Woman Sentenced to Federal Prison for Fraud Schemes Resulting in Losses of More Than $1.4 Million – Defrauded Her Employer, Fraudulently Obtained Disability Benefits, and Evaded Paying Taxes
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September 5, 2022
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Archives |
More on Marketing/Networking
Continuing our efforts to offer marketing assistance to Debtor Attorneys, we produced a webinar outlining free and low-cost steps you can take, right now, to increase the number of times the phone rings or you get a text from potential clients.
All Academy webinars are free if you participate live. Access to recordings are a benefit of subscription or we offer a pay-per-view option.
Click here for the webinar: Marketing Is Not a Dirty Word with special guest Amy Seigenthaler, Managing Partner, FINN Partners Southeast
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Each week, you see this header: For Your Blog (Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
The links in this ongoing category are meant for use as a springboard for unique articles in your newsletter and/or blog. Some items can be linked to directly, as we do here. Others can serve as a resource for you to cite in your own articles. A client newsletter does not need to be a scholarly essay – correction, SHOULD NOT be scholarly or long!
The main thing it needs to do is get your name/number in front of your previous clients in a manner that says, “I care about you” or “I’m thinking about you.”
It should not convey advertising!
Ideas of things to include: pictures of you engaging in a hobby; pictures of your pet(s); selfies (seriously, selfies sell! but use good discretion – no ‘hold my beer moments’); cost savings reminders; recipes for an inexpensive meal*; local flavor (i.e. Congratulations Pink Armadillos** on The Big Win); gardening tips; offer a discount code for a consultation; easy fitness/exercise/health tips; reminder to change/check car oil/batteries in smoke detectors; share your accolades (this IS a time to brag on yourself); answer questions – (i.e. you received a call from a potential client – put the question and your answer in an article); spotlight different staff members; add a Happy Birthday corner (i.e. Happy Birthday to all July Birthdays – I mean, you are bound to hit someone and if not, nobody knows anyway!).
Click here to share your ideas!
Remember, you can’t simply link to someone else’s work on every item in your newsletter – you MUST write original content!
We would also love to share examples of your newsletter with the group. Click here to upload.
*You cannot ‘steel’ most recipes from online – you MUST cite the source.
**Fill in your local team/athlete.
Additionally, we are providing the below resource – FREE. It is our hope that you can share it with Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.
Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy
“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”
See also:
Critical Case Comment – In re McLemore (Also not password protected.)
What’s It Worth . . . to Your Client . . . on the Open Market?
“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.
I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”
From the United States Trustee
Guidelines for United States Trustee Program Enforcement Related to Bifurcated Chapter 7 Fee Agreements
Practice Tip
From the Courts
- Just the Facts: Consumer Bankruptcy Trends, 2005-2021 (Starts out as a primer on bankruptcy but moves into some interesting numbers if you are a statistics person.)
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- M.D. LA – Judge-Select Michael A. Crawford will take the bench 10/3/22, upon the retirement of Judge Douglas D. Dodd.
- M.D. AL – As of 10/1/22, new presumptive attorney fee in a chapter 13 case is $4,500
- S.D. GA – Court has issued General Order 2022-1 in regards to Negative Notice Procedures; Appropriate Use of Negative Notice has also been revised; and Amended General Order 2005-1 has been VACATED.
- C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
- C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
- S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
Couldn’t make it to NACTT San Francisco?
Get the ENTIRE educational experience for
ONLY $150!
Individual sessions are also available.
Student Loans Chronicles
Planning on What You’ll Do with that Extra 10-20k from Student Loan Forgiveness? You Might Want to Put Some Aside for Tax Day.
Positions Available
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- D. Rhode Island – Trusteeship – Application Deadline 10/3/22
- W.D. Tennessee – Trusteeship – Application Deadline 9/15/22
- N.D. Indiana – Clerk of Court – Application Deadline 9/15/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
For Your Blog
- Student Loan Forgiveness Applications Could Open Within Weeks – Take these 4 steps now to get ready
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August 29, 2022
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Archives |
Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy
“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”
We are providing this excellent resource to you FREE. It is our hope that you can share it with the Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.
See also:
Critical Case Comment – In re McLemore (Also not password protected.)
An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes
“If you put your ear to the ground, you may hear the rumblings regarding a change to Bankruptcy Rule 3002.1 requiring the institution of a mid-case bankruptcy audit.
This mid-case audit would be like the Notice of Final Cure but would be performed by a trustee’s office in the middle of a pending Chapter 13, rather than at the end, and would still require a response be filed by secured lender.”
See also:
3002.01 Proposed Rule Changes: The Webinar
3002.1 The Dialogue Continues
Critical Case Comment – In the Windfalls Category
Justice Sonia Sotomayor Spoke Out for Debtors. Bankruptcy Judges Listened.
(If you aren’t a subscriber to the National Law Journal, you will have to create an account to read the entire article. They give you one free article per month.)
The Judicial Conference Committee on Rules of Practice and Procedure approved for public comment a proposed amendment to the bankruptcy rules that was in response to a concurring opinion from Sotomayor in City of Chicago v. Fulton.
From the United States Trustee
Practice Tip
The equivalent of a “Reply All” oops! – Attorney’s Group Text Goof Leads to Mistrial (Not bankruptcy related.)
From NCBRC
From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- M.D. AL – As of 10/1/22,new presumptive attorney fee in a chapter 13 case is $4,500
- S.D. GA – Court has issued General Order 2022-1 in regards to Negative Notice Procedures; Appropriate Use of Negative Notice has also been revised; and Amended General Order 2005-1 has been VACATED.
- C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
- C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
- S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
- S.D. GA – 9/1/22 the Honorable Susan D. Barrett will return to holding in-person hearings in the Augusta and Dublin Divisions
Couldn’t make it to NACTT San Francisco?
Get the ENTIRE educational experience for
ONLY $150!
Individual sessions are also available.
Student Loans Chronicles
Positions Available
- C.D. Illinois – Judgeship – Application Deadline 8/29/22
- N.D. New York – Judgeship – Application Deadline 9/6/22
- D. Massachusetts – Trusteeship – Application Deadline 10/3/22
- N.D. Indiana – Clerk of Court – Application Deadline 9/15/22
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
- N.D. Alabama – Term Law Clerk – Application Deadline 8/31/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
Sanctions and Irony and Fraud, Oh My!
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August 22, 2022
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Archives |
Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims
What’s It Worth to You?
“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.
I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”
From the United States Trustee
FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!
From the Courts
- Request for Public Comment on Proposed National Rules and Forms Amendments – The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) have proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bench, bar, and public for comment which ends 2/16/23.
- C.D. CA – 10/29/22 Judge Erithe A. Smith will retire therefore effective 9/1/22, his pending cases will be reassigned
- C.D. CA – Effective 9/1/22 Judge Mark D. Houles pending Riverside Division cases will be reassigned
- S.D. CA – Request for Comments on Proposed Amendments to Local Rules and Forms due 10/10/22
- S.D. GA – 9/1/22 the Honorable Susan D. Barrett will return to holding in-person hearings in the Augusta and Dublin Divisions
Couldn’t make it to NACTT San Francisco?
Get the ENTIRE educational experience for
ONLY $150!
Individual sessions are also available.
Debt in America: An Interactive Map
Student Loans Chronicles
Positions Available
- C.D. Illinois – Judgeship
- N.D. New York – Judgeship
- N.D. Indiana – Clerk of Court – Application Deadline 9/15/22
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
- N.D. Alabama – Term Law Clerk – Application Deadline 8/31/22
- W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22
Sanctions and Irony and Fraud, Oh My!
- CFPB Takes Action Against Hello Digit for Lying to Consumers About Its Automated Savings Algorithm – Fintech’s Algorithm Wrongfully Depleted Checking Accounts, Leading to Overdraft Penalties for Customers
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August 15, 2022
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Archives |
Put Me in Coach, I’m Ready to Play
The genial, insightful, learned Merideth Akers brings us another installment in our “Staff Corner” series. This series not only applies to Trustees’ offices but is applicable to everyone who manages/employs others.
More from the author:
Critical Case Comment – Be Careful What You Stipulate
Meet New Trustee Brian Tucci
FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!
New Clerk of Court
Positions Available
- C.D. Illinois – Judgeship
- N.D. New York – Judgeship
- D. South Carolina – Chief Deputy Clerk Vacancy
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 8, 2022
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Archives |
Ms. Ps & Qs
Critical Case Comment – How Many Cats?
Meet a Brand Spankin’ New Trustee
FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low-cost things you can do right now to increase business!
Sub V
A Guide to the Small Business Reorganization Act of 2019
Positions Available
- C.D. Illinois – Judgeship
- N.D. New York – Judgeship
- D. South Carolina – Chief Deputy Clerk Vacancy
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
Sanctions and Irony and Fraud, Oh My!
- WA Rancher Admits ‘Ghost-Cattle’ Scam (Spoiler alert – the cows are not wearing bedsheets.)
- Easterday Creditors to Get $11 Million (Same case as above – this article is part 2)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 1, 2022
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Archives |
Think Beyond the Means Test
Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA
So many click bait phrases – Bad Faith, Ms. Debtor, Bad Faith; Creditor Attorneys, Pay Attention; Debtor Attorneys Beware – As Attorney Moran points out in Think Beyond the Means Test, being a bankruptcy lawyer takes much more than just filling out forms.
Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith.
Not a subscriber? Use THIS invoice for a discounted subscription.
WE LOVE AND WILL MISS YOU, HELEN
Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year.
Over the years, Helen has taught us valuable lessons while entertaining us along the way. Below are many of her articles – ENJOY!
- Debtor Math (Regina’s personal favorite! And for you young’uns who have never seen this “debtor math” video, take two minutes to watch – you will never forget it!)
FREE WEBINAR
*** REGISTER NOW ***
“Marketing is Not a Dirty Word”
August 26th 2:00 Eastern
In these lean times, we have heard from many debtor attorneys asking for resources on generating business. We have heard you. On August 26th, join Trustee Hank Hildebrand as he interviews Amy Seigenthaler, Managing Partner of FINN Partners Southeast. FINN are specialist in marketing and creative strategy, research and insights, and branding. Amy will discuss FREE and low cost things you can do right now!
Sub V
A Guide to the Small Business Reorganization Act of 2019
From the CFPB
- CFPB Issues Advisory Opinion Regarding Convenience Fees – Opinion states its view that FDCPA prohibits debt collectors from collecting any amount, including convenience or pay-to-pay fees, unless expressly authorized by the agreement creating the debt or permitted by law.
- CFPB Publishes Analysis of Potential Impacts of Medical Debt Credit Reporting Changes – Removing Paid Collections Will Have Limited Benefit Across Consumer Groups
From the Courts
- Timeline Highlights Evolution of Judicial Conference (Article also explains WHAT the Judicial Conference is.)
- D. S.C. – Jeff Davis selected as Clerk of Court
- D. S.C. – Common Chambers Guidelines
From NCBRC
Positions Available
- D. South Carolina – Chief Deputy Clerk Vacancy
- E.D. Washington – Clerk of Court – Application Deadline 8/26/22
Sanctions and Irony and Fraud, Oh My!
- CFPB Fines U.S. Bank $37.5 Million for Illegally Exploiting Personal Data to Open Sham Accounts for Unsuspecting Customers – The bank pressured employees to sell, leading them to access credit reports and open accounts without permission
- CFPB, DOJ Order Trident Mortgage Company to Pay More Than $22 Million for Deliberate Discrimination Against Minority Families – Settlement is the first government resolution involving illegal redlining by a nonbank mortgage lender
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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July 25, 2022
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Archives |
Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy
Critical Case Comment – Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.
Marketing Resources
Save the Date –August 26th 2:00 Eastern
– FREE Webinar –
“Marketing is Not a Dirty Word”
Below are a few marketing resources:
Webinar – Are You a Lawyer or a Marketer? How to be Both
Articles:
- Are Monthly Newsletters to Clients Beneficial? Heck Yeah!
- 4 Reasons to Keep Time Records No One Discusses
- Tell the Story
- 6 Steps to Ethical Unbundling of Bankruptcy Representation
Not a subscriber? Use THIS invoice for a discounted subscription.
New from Max
Sub V
A Guide to the Small Business Reorganization Act of 2019
From NCBRC
Student Loans Chronicles
For Your Blog
- Understanding How the IRS Contacts Taxpayers; Avoiding Scams and How to Know It’s Really the IRS Reaching Out (Scammers have gotten very good at impersonating IRS Agents – see also: IRS warning that scam artists once again posing as tax agency to rip off Americans)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
SUB V (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 18, 2022
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Archives |
4 Reasons to Keep Time Records No One Discusses
“Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. . . .What a mistake.Penny-wise and pound-foolish, in my view. Here are my big four reasons why.”
See also:
Tell the Story
Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down
Mortgage Escrow
AND, there are two webinars:
Demystifying Mortgage Escrow – In Escrow Analysis 101, Michael J. McCormick and W. Jeffrey Collier do a stellar job of helping us understand an escrow analysis and how to use the information contained in an escrow statement. This webinar is specifically designed for trustees’ and debtors’ attorneys’ staff but could also be of assistance to anyone required to analyze escrow statements and resolve problems short of litigation.
Escrow Analysis Beyond the Basics – A continuation of Demystifying Mortgage Escrow, this resource drills down beyond the basics and analyzes common problems found in deciphering escrow statements. Experts Ramona Daniels, Joel Ackerman and Denise Carlon look at case law and statutes and answer viewer questions.
During the Mortgage Committee Meeting in San Francisco, Judge Keith Lundin mentioned a series of articles from last year by McCalla Raymer’s Michael McCormick.
These articles alone are worth the annual cost of subscribing to ConsiderChapter13.org. If you – or your employees – are still confused about escrow, here are the answers! And thank you Mike!!
Escrow 101 – Part 2 of 3 – The Escrow Analysis
Escrow 101 – Part 3 of 3 – Frequently Asked Questions
Escrow 102 – Part 2 of 4 – The History of Escrow Treatment in Bankruptcy
Escrow 102 – Part 3 of 4 – Official Form 410A1
Escrow 102 – Part 4 of 4 – The Shortage-Only Arrears Claim
Not a subscriber? Use THIS invoice for a discounted subscription.
From the CFPB
In the Tech Department
Positions Available
- S.D. Florida – Judgeship
- E.D. Kentucky – Judicial Law Clerk – Application deadline 8/15
- IRS Hiring 470 Revenue Agents – Special virtual sessions coming up for those interested in compliance positions
From the Courts
- S.D. NY – Two new judges appointed – Read the Press Release for John P. Mastando III here, and the Press Release for Philip Bentley here.
- N.D. Ohio – Judge Arthur I. Harris Has Announced Retirement
- N.D. Ohio – The Honorable Judge Russ Kendig to Retire
Sanctions and Irony and Fraud, Oh My!
- Federal Regulators Fine Bank of America $225 Million Over Botched Disbursement of State Unemployment Benefits at Height of Pandemic – Bank Left Struggling Americans in the Lurch by Wrongfully Freezing Accounts
- HOA Sues Couple Over Feeding the Ducks in Texas – Lawsuit is seeking up to $250,000
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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July 11, 2022
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Archives |
Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge
Critical Case Comment – Pay the TAXES!
You only thought you were finished hearing about NACTT’s annual conference for the year . . .
During the Mortgage Committee Meeting in San Francisco, Judge Keith Lundin mentioned a series of articles from last year by McCalla Raymer’s Michael McCormick.
These articles alone are with the annual cost of subscribing to ConsiderChapter13.org. If you – or your employees – are still confused about escrow, here are the answers! And thank you Mike!!
Escrow 101 – Part 2 of 3 – The Escrow Analysis
Escrow 101 – Part 3 of 3 – Frequently Asked Questions
Escrow 102 – Part 2 of 4 – The History of Escrow Treatment in Bankruptcy
Escrow 102 – Part 3 of 4 – Official Form 410A1
Escrow 102 – Part 4 of 4 – The Shortage-Only Arrears Claim
From the CFPB
From NCBRC
Student Loans Chronicles
Positions Available
- S.D. Florida – Judgeship
- E.D. Kentucky – Judicial Law Clerk – Application deadline 8/15
From the Courts
- S.D. NY – Two new judges appointed – Read the Press Release for John P. Mastando III here, and the Press Release for Philip Bentley here.
- N.D. Ohio – Judge Arthur I. Harris Has Announced Retirement
- N.D. Ohio – The Honorable Judge Russ Kendig to Retire
Sanctions and Irony and Fraud, Oh My!
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 4, 2022
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Archives |
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Happy Birthday, America Let Freedom Ring! |
If you are like me, it is unbelievable that it is JULY 2022! But here we are. As with other federal holidays (plus NACTT’s annual seminar this week), we bring you an abbreviated update. RL
How to Build and Strengthen Your Chapter 13 Debtor Practice
As a gift to all of our readers, we give this resource not password protected.
“In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice.”
One comment regarding this series: “Mark, your articles on how to stop leaving money on the table are OUTSTANDING. Thank you for sharing your experiences. I learned a great deal, and I’m sure the debtors’ bar will appreciate the suggestions for work during these sluggish times.”
How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).
This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.
**Special offer for those who read the fine print. Not a subscriber but want these articles? Click here for a discounted subscription rate.
Very popular from last week . . .
The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property
New author. New topic.
“. . . we can dismiss your case and refile and include this new post-petition medical debt. . . . it is only then that you are hit with the big red “THOU SHALL NOT PASS” sign. In fine print below it states ‘11 U.S.C. 109(g)(2)’.”
He signed the Bill!!!
Bankruptcy Threshold Adjustment and Technical Corrections Act
Hank Hildebrand expounds on S. 3823, which was signed by the President on 6/21. This Act increases the eligibility for Chapter 13 debtors to $2,750,000, while eliminating the distinction between secured and unsecured debt for two years.
- Official Form 101, Voluntary Petition for Individuals (revises line 13 – The Act reinstates the definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11 that was in effect from March 27, 2020 through March 27, 2022, under the CARES Act, as amended)
Lots out of the CFPB this week . . .
From the CFPB
- CFPB Moves to Reduce Junk Fees Charged by Debt Collectors – Advisory opinion explains that most “pay-to-pay” fees charged by debt collectors violate federal law
- CFPB Affirms Ability for States to Police Credit Reporting Markets – The Fair Credit Reporting Act does not stop states from enacting laws to tackle credit reporting problems related to medical debt, tenant screening, and other consumer risks
- CFPB Rescinds Special Regulatory Treatment for Payactiv (San Jose based financial services co.)
Positions Available
- S.D. Florida – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- D. South Carolina – Clerk of Court Vacancy
From the Courts
- S.D. NY – Bankruptcy Judges Shelley C. Chapman and Robert D. Drain Recalled
- N.D. IL – New Local and Model Forms
- D. SC – Welcome Judge Gasparini
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
Sanctions and Irony and Fraud, Oh My!
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 27, 2022
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Archives |
The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property
New author. New topic.
“. . . we can dismiss your case and refile and include this new post-petition medical debt. . . . it is only then that you are hit with the big red “THOU SHALL NOT PASS” sign. In fine print below it states ‘11 U.S.C. 109(g)(2)’.”
He signed the Bill!!!
Bankruptcy Threshold Adjustment and Technical Corrections Act
Hank Hildebrand expounds on S. 3823, which was signed by the President on 6/21. This Act increases the eligibility for Chapter 13 debtors to $2,750,000, while eliminating the distinction between secured and unsecured debt for two years.
- Official Form 101, Voluntary Petition for Individuals (revises line 13 – The Act reinstates the definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11 that was in effect from March 27, 2020 through March 27, 2022, under the CARES Act, as amended)
Consumers Are Consuming Cash at an Unsustainable Rate
From one of our favorite authors, a look at the statistics of spending in the US.
“If consumers continue to withdraw cash at the present rate, savings will be depleted by Sept.
2022.”
Critical Case Comment – Pre-Confirmation Payments
From the CFPB
From the U.S. Bankruptcy Court for the District of South Carolina
Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- D. South Carolina – Term Law Clerk
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- 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.
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From the Courts
- N.D. NY – Pursuant to Administrative Order 22-04, the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys is no longer required to be filed.
- S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
In Case You Missed It . . .
Best Practices in Bankruptcy: Power of Attorney or Guardian
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 20, 2022
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Archives |
In honor of our newest federal holiday,
we bring an abbreviated update.
Go out and celebrate FREEDOM!!
United States Trustee Guidelines for Enforcement Related to Bifurcated Chapter 7 Fee Agreements
On June 10, 2022, the Acting Director for United States Trustee Program announced Guidelines for the United States Trustees’ enforcement of bifurcated Chapter 7 fee agreements. Click here for Guidelines
See also: Bifurcated Fees Under Examination By Wm. Houston Brown (Password Protected)
Till Interest Rate Change
Wall Street Banks Raise Prime Rates to Match Fed’s Hike – U.S. banks JPMorgan Chase & Co, Citigroup Inc and Wells Fargo & Co said on Wednesday they had raised their prime lending rates by 75 basis points to 4.75%, effective Thursday, matching the Federal Reserve’s rate hike earlier in the day.
See also:
Critical Case Comment – Siegel v. Fitzgerald
Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution.
See also:
Siegel v. Fitzgerald – U.S. Trustee Fee Unconstitutional
If you haven’t read this series, today is the perfect time to do it.
How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).
This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.
From NCBRC
WeeerrreeeBaaaack!
NACTT is back!
Live registration numbers are back to pre-pandemic levels.
Don’t miss out.
Great educational experience, CLE, AND, hey, it’s
SAN FRANCISCO!!!!!
Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- N.D. Ohio – Automation Specialist
- D. South Carolina – Term Law Clerk
- N.D. Mississippi – Term Law Clerk
From the Courts
- S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
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June 13, 2022
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Archives |
Best Practices in Bankruptcy: Power of Attorney or Guardian
Another excellent resource for your everyday practice.
“It is always troublesome when an individual bankruptcy petition is filed by power of attorney. . . . More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power of attorney . . . . What sort of inquiry is necessary and proper in those cases?”
Bankruptcy Threshold Adjustment andTechnical Corrections Act
Hank Hildebrand expounds on S. 3823, which is awaiting the President’s signature. Congress has passed this legislation that would increase the eligibility for Chapter 13 debtors, at the same time eliminating the distinction between secured and unsecured debt.
S. 3823: Bankruptcy Threshold Adjustment and Technical Corrections Act
Hot Off the Press and NOT Password Protected
Siegel v. Fitzgerald – U.S. Trustee Fee Unconstitutional
How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off
A very popular series from Mark Leffler, of the Boleman Law Firm in Virginia. Mark is also President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org).
This week, the final installation of his series describing his firm’s development of a broader practice on behalf of consumer debtors.
Critical Case Comment – The Not DSO POC/Arbitration Language
We are re-running this one because “The Not DSO POC” may not have been a good description of this case. This case has many levels of application in Chapter 13 cases particularly specific arbitration language.
The bankruptcy rights of an ex-member of an unmarried domestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment.
From the CFPB
- Nifty Mortgage Servicing Coverage Chart – This chart summarizes rules in effect as of April 19, 2018
Reminder
From NCBRC
WeeerrreeeBaaaack!
NACTT is back!
Live registration numbers are back to pre-pandemic levels.
Don’t miss out. Be there or be square!!
Great educational experience, CLE, AND, hey, it’s
SAN FRANCISCO!!!!!
Student Loans Chronicles
Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- N.D. Ohio – Automation Specialist
- D. South Carolina – Term Law Clerk
- N.D. Mississippi – Term Law Clerk
From the Courts
- S.D. NY – Effective 7/1/22, duty station of Judge Sean H. Lane will be transferred from the Manhattan Division to the White Plains Division. Judge Lane will replace Judge Robert D. Drain who is scheduled to retire on June 30, 2022. Press Release and General Order
- M.D. FL – New and amended Local Rules, effective 7/1/22 – Click HERE for memorandum from Judge Lori V. Vaughan summarizing the changes. Click HERE for the new and amended Local Rules.
Sanctions and Irony and Fraud, Oh My!
- Embattled San Antonio Lawyer Files Huge Bankruptcy Case (May be password protected – sorry)
- Former Augusta Man Sentenced to Prison for Multi-Million-Dollar Scheme to Defraud a Mortgage Lender – Defendant also lied during bankruptcy hearing
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
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June 5, 2022
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Archives |
How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation
Mark Leffler, of the Boleman Law Firm in Virginia, and President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org), continues his series describing his firm’s development of a broader practice on behalf of consumer debtors.
Critical Case Comment – The Not DSO POC
From the CFPB
Positions Available
- S.D. Florida – Judgeship
- W.D. Texas – Judgeship
- E.D. Wisconsin – Clerk of Court Vacancy Announcement
- N.D. Ohio – Automation Specialist
- D. South Carolina – Term Law Clerk
- N.D. Mississippi – Term Law Clerk
From the Courts
Sanctions and Irony and Fraud, Oh My!
- Abingdon Man Sentenced on Bankruptcy Fraud Charge – Defendant Hid Valuable Assets While Spending Large Sums at Casino
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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May 30, 2022
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Archives |
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In observance of Memorial Day and so Academy staff may spend time with friends and family, we bring you an abbreviated update. |
Critical Case Comment – 3002.1 and Reverse Mortgages (from 1/23/22)
Highest Award Given to Civilians in South Carolina
Critical Case Comment – Nonbankruptcy Lawyers MUST Check PACER (from 5/15/22)
We are offering this Critical Case Comment NOT PASSWORD PROTECTED so you can share with your nonbankruptcy colleagues. It is important that particularly personal injury attorneys understand the importance of following the Bankruptcy Code.
PLEASE SHARE!!
It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is conversion of property of the estate. (Sawyer) In re McLemore, 2022 WL 362915 (Bankr. M.D. Ala. February 7, 2022)
A very popular item from 1/9/22. Another Judge Waites decision.
Do I Really Have to Tell the Trustee About Newly Acquired Assets?
New Reverse Mortgage Resource from NCLC
Here is a short issue brief on how Homeowner Assistance Funds should be usable by RM borrowers to cure property charge defaults. Note the discussion telling RM borrowers and heirs to request the “COVID-19 HECM Extension period.” This is the equivalent of a forbearance, and very few reverse mortgage borrowers in default have ever requested it (because they don’t understand they should). It gives 6 months of foreclosure pause, extendable for another 6 months if extended before the end of the presidentially declared disaster period.
The key in most reverse mortgage foreclosure cases is escalating with either the servicer or with the National Servicing Center, or both. If you email me (Sarah Bolling Mancini smancini@nclc.org) or Odette Williamson, we are always happy to help escalate a reverse mortgage case (and/or to chat about options) any time.
NCLC also has a reverse mortgage list serv. To request to join, go here. By adding yourself to the listserv, you have access to an entire reverse mortgage litigation toolkit – free.
Make your plans NOW!!!!!
Plenaries Include:
- Enforcement of Court Orders and Rules: Does Contempt Power Exist in the Bankruptcy Court?
- Ethical Implications of Remote Lawyering Post-Pandemic
- Virtual Court Hearings: Maximizing the Benefits and Avoiding the Pitfalls
- Windfalls: Who Gets Postpetition Property or Appreciated Values?
- Conversion from Chapter 7 to 13: Issues to be Considered Before Conversion
- Student Loans: Where is Litigation Headed and What is Happening in the Department of Education?
- No Cure After 60 Months: Judicial Splits on Debtor’s Ability to Cure After Plan Term Expires
- Dismissals with Prejudice: When Appropriate and What Conditions Apply?
- The Future of Consumer Bankruptcy: When Will Consumer Filings Increase or Will They?
- Chapter 13 Case Law Update – 2.5 HOURS!!
Positions Available
- N.D. Mississippi – Term Law Clerk
New Reverse Mortgage Resource from NCLC
Free Webinar
U.S. District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents: Federal Subpoena Practice: Strategy, Substance and Procedure
Tuesday, June 7, 2022 – 12:30 – 2:00 pm – Virtual Webinar
While we realize it would be rare for consumer bankruptcy attorneys/trustees to have need of federal subpoenas, it could happen so wanted you to have the information on this free resource.
From the Courts
- S.D. Florida – Administrative Order 2022-02 Amendment of Local Rules 7004-2, 7016-1, 7026-1(A), 7026-1(B), and 7090-1, to Reflect Amendments to Orders Used in Adversary Proceedings. [effective June 6, 2022]
- S.D. Florida – Administrative Order 2022-03 Amendment of Local Rule 5005-1 to Reflect Requirement for Submission of Electronically Filed Documents in Text-Searchable PDF Format. [effective May 26, 2022]
- NC – NCHousing Finance Agency Now Requires Court Approval – To participate in the NC Homeowner Assistance Fund, applicants in bankruptcy must obtain approval from the Court or Trustee. While NC Homeowner Assistance Fund understands that this is not typically a condition of bankruptcy proceedings, the NCHAF was informed by mortgage loan servicers and other eligible payees that such approval must accompany the program’s payment on the applicant’s behalf in order for the payee to accept and apply payment to the applicant’s account(s).
Sanctions and Irony and Fraud, Oh My!
For Your Blog
In Case You Missed It . . .
Critical Case Comment – Reverse Mortgage May be Modified
MORTGAGES AND DEEDS OF TRUST (Not password protected)
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May 23, 2022
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Archives |
Critical Case Comment – Reverse Mortgage May be Modified
Bifurcated Fees Under Examination
New Reverse Mortgage Resource from NCLC
Here is a short issue brief on how Homeowner Assistance Funds should be usable by RM borrowers to cure property charge defaults. Note the discussion in there of telling RM borrowers and heirs to request the “COVID-19 HECM Extension period.” this is the equivalent of a forbearance, and very few reverse mortgage borrowers in default have ever requested it (because they don’t understand they should). It gives 6 months of foreclosure pause, extendable for another 6 months if extended before the end of the presidentially declared disaster period.
The key in most reverse mortgage foreclosure cases is escalating with either the servicer or with the National Servicing Center, or both. If you email me (Sarah Bolling Mancini smancini@nclc.org) or Odette Williamson, we are always happy to help escalate a reverse mortgage case (and/or to chat about options) any time.
NCLC also has a reverse mortgage list serv. To request to join, go here. By adding yourself to the listserv, you have access to an entire reverse mortgage litigation toolkit – free.
Updated Means Test Information
From the CFPB
- CFPB Releases Report on Mortgage Servicing Metrics
- Click here for actual report
- CFPB Bolsters Enforcement Efforts by States – Interpretive Rule Seeks to Clarify Scope of States’ Ability to Enforce Federal Consumer Financial Protection Laws
From NCBRC
Still time to make your plans!!!!!
Another session of note is a plenary by the ever popular, energetic and entertaining Nancy B. Rapoport, UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, Boyd School of Law, University of Nevada (Las Vegas) entitled:
Ethical Implications of Remote Lawyering Post-Pandemic
See also a free article in the news on topic:
Positions Available
- N.D. Mississippi – Term Law Clerk
New From Epiq
A Guide to Changes in Bankruptcy Compliance
This new guide covers relevant changes and amendments from the past few years, plus new and recent considerations still on the horizon related to bankruptcy and consumer finance. Mitigate risk by staying informed and compliant in this rapidly changing landscape.
Free Webinar
U.S. District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents: Federal Subpoena Practice: Strategy, Substance and Procedure
Tuesday, June 7, 2022 – 12:30 – 2:00 pm – Virtual Webinar
While we realize it would be rare for consumer bankruptcy attorneys/trustees to have need of federal subpoenas, it could happen so wanted you to have the information on this free resource.
From the Courts
- NC – NC Housing Finance Agency Now Requires Court Approval – To participate in the NC Homeowner Assistance Fund, applicants in bankruptcy must obtain approval from the Court or Trustee. While NC Homeowner Assistance Fund understands that this is not typically a condition of bankruptcy proceedings, the NCHAF was informed by mortgage loan servicers and other eligible payees that such approval must accompany the program’s payment on the applicant’s behalf in order for the payee to accept and apply payment to the applicant’s account(s).
- S.D. AL – Beginning 5/16 proposed orders should be submitted through the E-Orders program. The old email addresses will be turned off at the end of May. Please visit the Submitting Proposed Orders page for additional details, such as document requirements and training aids. E-Orders help desk – (251) 436-5445.
Sanctions and Irony and Fraud, Oh My!
For Your Blog
In Case You Missed It . . .
Critical Case Comment – $67k Windfall to Debtors. Fraudulent??
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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May 16, 2022
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Archives |
Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC
Ms. Ps & Qs
Critical Case Comment
It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is conversion of property of the estate.
See also: Is Nunc Pro Tunc Really Sunk?
Updated Means Test Information
DISCOUNTED REGISTRATION ENDS TODAY (5/16)
Another panel of note is Conversions from 7 to 13. This panel will examine things to be considered prior to conversion. Judge on the panel is The Honorable Charles Novack, Chief Judge N.D. of CA. Prior to his appointment as Judge, he was in private practice in consumer bankruptcy law. Rounding out the panel is Dynele Schinker-Kuharich, Leslie Gladstone and Jill Olsen.
REGISTER NOW!!
Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of South Carolina – Term Law Clerk – Application deadline 5/15
From the Courts
Sanctions and Irony and Fraud, Oh My!
- Caliber Sues CrossCountry After 80 Employees Left for Rival – Caliber claims the departed employees produced more than $2.3 billion in mortgages per year
For Your Blog
- Consumer Advisory: Don’t give money or information to scammers promising student loan forgiveness
- Billions in Federal Rental Assistance Is Still Available – Here’s what struggling renters need to know
In Case You Missed It . . .
Game Stop: Dismissals with Prejudice
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB CHAPTER V (Not password protected)
FOR YOUR HEALTH (Not password protected)
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May 9, 2022
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Archives |
How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001
Mark Leffler, of the Boleman Law Firm in Virginia, who is also the current President of the Academy for Consumer Bankruptcy Education (d/b/a ConsiderChapter13.org), begin a series describing his firm’s development of a broader practice on behalf of consumer debtors.
Click here for Part 1 – Looking at Bankruptcy Cases Differently
Game Stop: Dismissals with Prejudice
HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!
In a follow-up to our well wishes to George Stevenson and Hank Hildebrand for FORTY years as Standing Chapter 13 Trustees, we are pleased to bring you a “how I got my start” from each of them.
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How I Got StartedGeorge Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis) |
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The Day the Music DiedHank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) |
Meet the Acting Director Ramona Elliott
Click here for Press Release
Click here for Other Information
Updated Means Test Information
DISCOUNTED REGISTRATION EXTENDED TO MAY 16th
Enforcement of Court Orders and Rules: Does Contempt Power Exist in the Bankruptcy Court is a Not-to-Miss panel.
On this panel, we are pleased to feature The Honorable Craig A. Gargotta, Chief United States Bankruptcy Judge for the Western District of Texas in San Antonio. Judge Gargotta practices what he preaches (article is behind a paywall). Judge Gargotta jailed a longtime accountant for failure to pay $7,500 in sanctions. Carl Merkle, who calls himself God’s Fraud Auditor, has been incarcerated since December 6th. This panel, moderated by the ever popular Martha Bronitsky, Standing Trustee in Oakland, CA, is enhanced by The Honorable William Lafferty, United States Bankruptcy Judge for the Northern District of California in San Francisco.
REGISTER NOW!!
Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of South Carolina – Term Law Clerk – Application deadline 5/15
From NCBRC
Study of Interest
Consumer Bankruptcy, Mortgage Default and Labor Supply
We specify and estimate a lifecycle model of consumption, housing demand and labor supply in an environment where individuals may file for bankruptcy or default on their mortgage. Uncertainty in the model is driven by house price shocks, {education specific} productivity shocks, and catastrophic consumption events, while bankruptcy is governed by the basic institutional framework in the US as implied by Chapter 7 and Chapter 13. The model is estimated using micro data on credit reports and mortgages combined with data from the American Community Survey. We use the model to understand the relative importance of the two chapters (7 and 13) for each of our two education groups that differ in both preferences and wage profiles. We also provide an evaluation of the BACPCA reform. Our paper demonstrates importance of distributional effects of Bankruptcy policy.
From the IRS
Work Opportunity Tax Credit – This could apply to you or your small business clients.
The work opportunity tax credit is a federal tax credit available to employers for hiring individuals from certain target groups who have consistently faced significant barriers to employment. This one- time credit is available for wages paid to certain individuals who begin work on or before December 31, 2025 – $2,400 per employee.
From the Courts
Sanctions and Irony and Fraud, Oh My!
For Your Blog
- Billions in Federal Rental Assistance Is Still Available – Here’s what struggling renters need to know
In Case You Missed It . . .
Special Counsel 101: Getting Paid and Protecting Clients
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB CHAPTER V (Not password protected)
FOR YOUR HEALTH (Not password protected)
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May 2, 2022
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She’s baaaaack. . .
This has been a very difficult month. As reported on the 18th, my sweet, wonderful, husband passed away. I want to thank everyone for your thoughts, prayers, hugs, well-wishes, flowers, cards, and overall love. I also want to specifically thank Bill Brown, Mark Leffler and all those who picked up my slack throughout the entire ordeal and continued to get the weekly updates out. With much love, appreciation, and gratefulness, |
The Complex World of Interspousal Claims in Bankruptcy
“. . . One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce.”
Another excellent piece relevant to your day to day practice.
Special Counsel 101: Getting Paid and Protecting Clients
HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!
On May 1st just forty short years ago, both Hank and George were appointed as Standing Chapter 13 Trustees.
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George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis) | |
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Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) |
Judges Appointed
Judge Jason A. Burgess and Judge Tiffany Geyer Sworn in as Middle District of Florida Bankruptcy Judges
Passing of Judge Thomas R. Cornish
Thomas Robert Cornish, retired United States Bankruptcy Judge for the Eastern District of Oklahoma, passed away on February 2, 2022.
Positions Available
- CFPB Multiple Attorney/Supervisory Openings – Application deadlines 5/5 and 5/6
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
From NCBRC
From the Courts
Sanctions and Irony and Fraud, Oh My!
- CFPB Obtains Ban Against Debt Relief CEO Daniel Crenshaw – Crenshaw collected nearly $10.5 million in unlawful fees
For Your Blog
Understanding Taxpayer Rights: The right to challenge the IRS’s position and be heard
In Case You Missed It . . .
Cui Pro Bono?
Judge 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.OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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April 25, 2022
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May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 2
While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward
Critical Case Comment
IN CASE YOU MISSED IT . . .
May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 1
IT’S TIME TO REGISTER
NACTT
57TH ANNUAL SEMINAR
WHEN:
July 6-9, 2022
WHERE:
San Francisco Marriot Marquis
San Francisco, CA
Hot Topics in Chapter 13
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April 18, 2022
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It is with sadness that we let the readers know that our colleague Regina Logsdon’s husband Larry passed away on April 14, 2022, while in the hospital after a heart event. If you attended NACTT’s annual seminars or other events, you would have met Larry as he worked with Regina. Read his obituary here. |
Cui Pro Bono?
Judge 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.How My Law Firm Learned to Stop Leaving Money on the Table Part 1 – Looking at Bankruptcy Cases Differently
Critical Case Comment
IT’S TIME TO REGISTER
NACTT
57TH ANNUAL SEMINAR
WHEN:
July 6-9, 2022
WHERE:
San Francisco Marriot Marquis
San Francisco, CA
Click here to see some of the topics
Free Webinar Opportunity – Hot Topics in Chapter 13
IN CASE YOU MISSED IT . . .
Arbitration Fairness for Consumers Act
SB 3755 was introduced on March 3, 2022 by Sen. Brown of Ohio. The Act would amend the Consumer Financial Protection Act of 2020 with respect to arbitration. The stated purposes of the Act are to:
(1) Prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and
(2) Prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute.
See also:
Supreme Court on Arbitration
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April 11, 2022
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Archives |
Arbitration Fairness for Consumers Act
SB 3755 was introduced on March 3, 2022 by Sen. Brown of Ohio. The Act would amend the Consumer Financial Protection Act of 2020 with respect to arbitration. The stated purposes of the Act are to:
(1) Prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and
(2) Prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute.
See also:
Supreme Court on Arbitration
Automatic Stay
NACTT
57TH ANNUAL SEMINAR
WHEN: July 6-9, 2022
WHERE: San Francisco Marriot Marquis, San Francisco, CA
Click here to see some of the topics
New Acting Director of Executive Office of United States Trustees
Ramona D. Elliott was appointed Acting Director of the Executive Office for United States Trustees on April 1, 2022, after having served as its Principal Deputy Director and General Counsel since January 2011. Ms. Elliott has 27 years of federal service, the majority of which has been with the United States Trustee Program, including formerly as the Deputy General Counsel and as the Acting Assistant United States Trustee for the District of Puerto Rico. She also previously was Counsel for Bankruptcy and Redress to the Federal Trade Commission’s Bureau of Consumer Protection and in private practice.
Ms. Elliott graduated from the University of Florida with a B.S. in Accounting and received her J.D. from Emory University School of Law.
Bankruptcy Filing Increase in March
In the News
From the CFPB
The Consumer Finance Protection Bureau published its report on Medical Debt Burden in the Unites States, showing that $88 billion of outstanding medical det was in collection, affecting one in five consumers. Subsequent to this report, the three major credit reporting agencies announced that starting in July 2022 paid medical bills would not be included in their credit reports, and unpaid bills would only be reported if they remained unpaid for twelve months or more. See https://www.consumerfinance.gov/about-us/newsroom/cfpb-estimates-88-billion-in-medical-bills-on-credit-reports/
In Case You Missed It . . .
Critical Case Comment – Who is Responsible to Address Eligibility Questions?
STUDENT LOANS (Not password protected)
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April 4, 2022
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Critical Case Comment – Who is Responsible to Address Eligibility Questions?
Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection.
See also:
Meet a New AND Newish Trustee
Tax Deductions Hidden in Chapter 13
Selection of Bankruptcy Administrator
Bill Introduced
Bill did NOT pass . . . at least yet.
Sub V debt limit is $2,725,625
Click here for New Official Forms
SB 3823 introduced on 3/14/22 by Sen. Grassley to raise the ceiling for chapter 13 relief, following the ABI’s Consumer Commission recommendation. It also eliminates the distinction between secured and unsecured debt. The bill would also make the $7.5 million Sub V debt limit permanent.
IT’S TIME TO REGISTER
OH- MY – GOODNESS IT IS GOING TO BE A GREAT CONFERENCE!
Seriously, you want to be there. LIVE. In-person.
Professor Nancy Rapoport with a brand new schtick on Remote Lawyering
Maximizing the Benefits of Virtual Court Hearings
Technology Trends for the Bankruptcy Office
Watch for spotlights of other panels over the next few weeks.
BUT REGISTER NOW!!
New From NCLC
Free Webinar Opportunity
Please join Max Gardner and Modification Consultant Bobby Rivera for a special FREE webinar!
Free Zoom Webinar on Thursday, April 7, 2022 from 4 – 5 p.m. EST
Who Really Makes the Final Decisions on Mortgage Loan Modifications? How are these Decisions Made?
Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of Maryland – Term Law Clerk
From NCBRC
From the Courts
- Southern District of Texas Conducts Spring Cleaning of Noticing – Creditors need to read this.
- Bankruptcy Administration Improvement Act – Chapter 7
- We have noticed that many courts are going back to in-person hearings – Pay Attention to Those Notices!!
Sanctions and Irony and Fraud, Oh My!
Andrew R. Vara, U.S. Trustee for Region 9 v. Steven P. McDonald – New opinion from the Sixth Circuit Court of Appeals (While the decision itself is no surprise, the opinion/saga is a good Chpt7 read.)
In Case You Missed It . . .
Critical Case Comment – Sex, Lies and the Barton Doctrine
The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent.
See also:
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB V (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 28, 2022
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Claim Preclusion and the Opportunities for Mischief
Critical Case Comment – Sex, Lies and the Barton Doctrine
The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent.
See also:
Meet a New AND Newish Trustee
Yep, two trusteeships. Can you say o-v-e-r-a-c-h-i-e-v-e-r?
Krista M. Preuss was appointed as the Chapter 13 Standing Trustee for the Southern District of New York on February 1, 2018. She succeeded Jeffrey Sapir after his retirement. On October 1, 2021, she was appointed as the Chapter 13 Standing Trustee for the Eastern District of New York, succeeding Marianne DeRosa upon her retirement.
New Bill Introduced
New Judge Announced
Selection of Heather Z. Cooper to Serve as Bankruptcy Judge in the District of Vermont
Ms. Cooper, who once clerked for Judge Brown, now takes the bench upon retirement of Judge Colleen A. Brown who retired last month after a very distinguished 22 years on the bench. “A Standing Trustee could not have asked for a better judge to work with. Judge Brown was a diligent, thoughtful, intelligent and courageous judge and we already miss her on the bench” commented Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont.
Judge Announces Retirement
Lawyers Are People Too
An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery
Jon: Hi Aki. I can’t believe after knowing you for 30 years now that I don’t know where you were born.
Aki: Ha! I was born in Tokyo, Japan . . .
Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of Maryland – Term Law Clerk
From NCBRC
Student Loans Chronicles
From the Courts
- Southern District of Texas Conducts Spring Cleaning of Noticing – Creditors need to read this.
- Bankruptcy Administration Improvement Act – Chapter 7
- Central District of IL – Effective April of 2022, Judge Perkins will be resuming in-person hearings for Chapter 13 cases in Urbana and Peoria. Telephonic participation is not permitted. We have noticed that many courts are going back to in-person hearings – Pay Attention to Those Notices!!
- Southern District of GA – Effective 3/28, address change for U.S. Trustee’s Savannah Office: Office of U.S. Trustee; 33 Bull Street, Suite 400, Savannah, GA 31401
Sanctions and Irony and Fraud, Oh My!
- A potentially explosive Chapter 13 . . .Longtime New Richmond Resident Indicted for Storing Blasting Cap Explosives in Attic – Decades-old blasting caps removed by bomb squad. A good thing Chapter 13 trustee did not take possession of property of the estate of this serial filer!!
In Case You Missed It . . .
Bankruptcy Intersecting with Tevis Equals Malpractice Claim
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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March 21, 2022
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Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen
Bankruptcy Intersecting with Tevis Equals Malpractice Claim
Bankruptcy Icon Retires . . . Well, Sort of
From 5 Divisions to 4 Grandchildren, 3+ pets, 2 Hobbies and 1 Private Practice:The “Retirement” of Robert Wilson
“The trouble with retirement is that you never get a day off!”
New Judge Appointed
Academy articles by Chris Hawkins (yep, we are totally name dropping!):
A Free Knowledge Nugget
On March 10, 2022, the Wage and Hour Division of the Department of Labor issued Field Assistance Bulletin No. 2022-02 with the subject line “Protecting Workers from Retaliation.”
While a portion of the Bulletin concerns the FMLA (which probably doesn’t apply to most Academy readers as it requires 50 or more employees), it also addresses the Fair Labor Standards Act which would apply. The Bulletin provides some specific examples which might be helpful to you.
Supreme Court Corner
From the CFPB
CFPB Targets Unfair Discrimination in Consumer Finance – Discrimination or improper exclusion can trigger liability under ban on unfair acts and practices
From NCBRC
Sanctions and Irony and Fraud, Oh My!
- Maryland Woman Pleads Guilty to Fraud Schemes Resulting in Losses of More Than $1.1 Million – Defrauded Her Employer, Fraudulently Obtained Disability Benefits, and Evaded Paying Taxes
From the Courts
- District of North Dakota – UST’s Office advises effective April 1, 2022, chapter 7 panel trustee, Kip Kaler will no longer accept new cases. Given the historically low caseload and continuing remote 341s, the UST does not intend to replace Mr. Kaler’s position at this time. Effective with cases filed April 1, 2022, trustee Gene Doeling will handle all chapter 7 cases in North Dakota.
- Southern District of FL – April 4 is your turn for NextGen
IN THE NEWS (Not password protected)
CHAPTER 12 (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
SUB V (Not password protected)
HUMOR FOR YOUR MENTAL HEALTH (Not password protected)
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March 14, 2022
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Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies
Delaware Trustee Michael Joseph to Retire
Debt Limits on the Rise
Section 109(e)—debt limits for individual filing bankruptcy under chapter 13.
From $419,275 for unsecured debtors to $465,275 for unsecured creditors.
From $1,257,850 for secured debts to $1,395,875 for secured debts.
Click here for all dollar amount increases as of 4/1/22.
A Free Knowledge Nugget
Metro Homeowners Locked into 40 Year Contracts with Real Estate Company (Oy vey)
MV Realty contacts homeowners usually in low-income areas and offers them $500-1,000 cash and in exchange, the homeowner gives them the exclusive right to sell their home –and locks them into this for 40 years. (You may want to blog about this.)
Supreme Court Corner
New Reg F
Below resources pulled together by NCLC:
Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Chapter 7 Panel Trustee – Eastern District of Pennsylvania Application Deadline 3/31/22
- Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
Student Loans Chronicles
For Your Blog
From the Courts
- District of North Dakota – UST’s Office advises effective April 1, 2022, chapter 7 panel trustee, Kip Kaler will no longer accept new cases. Given the historically low caseload and continuing remote 341s, the UST does not intend to replace Mr. Kaler’s position at this time. Effective with cases filed April 1, 2022, trustee Gene Doeling will handle all chapter 7 cases in North Dakota.
- Southern District of FL – April 4 is your turn for NextGen
IN CASE YOU MISSED IT. . .
Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
SUB V (Not password protected)
FOR YOUR MENTAL HEALTH (Not password protected)
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March 7, 2022
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Lenders Can’t Hide from Consequences of Misapplication of Mortgage Payments
“So, my thought is to make a RESPA RFI anytime the servicing of a loan changes hands.”
See also:
Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances
“Despite having needed to file two bankruptcies within seven years, the applicant was able to meet her burden of demonstrating that it was clearly consistent with the national interest to continue her security clearance.”
Attorney Kennedy always thinks outside the box. When asked by ConsiderChapter13.org to write an article, she produced this detailed look at how bankruptcy can (or more importantly, shouldn’t) effect a debtor’s application for security clearance. Like Ms. Kennedy, anyone who practices in or near a “military town” or other governmental employers should pay particular attention to this reference piece.
A Free Knowledge Nugget
COVID-19 Forbearance Option Charts Federally-Backed Mortgages
Reyes Bordeaux Appointed Judge
From the CFPB
- CFPB Estimates $88 Billion in Medical Bills on Credit Reports (This item is the set up for the next item below.)
- Prepared Remarks of Director Rohit Chopra on New CFPB Medical Debt Report (The first 9 paragraphs are what you already know – medical debt is bad. But if you begin reading at: The CFPB will be taking several steps in light of the report: . . . you will get to the good stuff.)
Passing of Judge
Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Chapter 7 Panel Trustee – Eastern District of Pennsylvania Application Deadline 3/31/22
- Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
Student Loans Chronicles
- Opinion of Interest – In re Wolfson: A Potential Re-Evaluation of the “Undue Hardship” Test for Student Loan Borrowers
- 93% of Student Loan Borrowers Aren’t Prepared to Start Paying Again – Inflation could make it even worse
For Your Blog
Understanding the Child and Dependent Care Credit – Taxpayers who are paying someone to take care of their children or another member of household while they work, may qualify for child and dependent care credit regardless of their income.
From the Courts
- Pending Changes in the Bankruptcy Forms – Revised Dollar Amounts in Official Forms 106C, 107, 122A-2, 122C-2, 201, 207, 410, Director’s Forms 2000 and 2830, and certain instructions, effective April 1, 2022
- Southern District of AL – return to in-person motion dockets, confirmation hearings, trials – March 7th
- Eastern District of OK – Hearing and Meeting of Creditors Calendars Now Available on smartphones and tablets
- Southern District of FL – April 4 is your turn for NextGen
IN CASE YOU MISSED IT. . .
Critical Case Comment – Bad Faith to Not Pay Both Tests?
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
SUB V (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 28, 2022
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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes
Critical Case Comment – Bad Faith to Not Pay Both Tests?
In Honor of Black History Month
From NCBRC
Retirement of Chief Judge Dana L. Rasure
Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Chapter 7 Panel Trustee – Eastern District of Pennsylvania Application Deadline 3/31/22
- Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
Student Loans Chronicles
For Your Blog
From the Courts
- Southern District of AL – return to in-person motion dockets, confirmation hearings, trials – March 7th
- Eastern District of OK – Hearing and Meeting of Creditors Calendars Now Available on smartphones and tablets
- Central District of CA – Note reassignment of Judges Wallace and Clarkson cases
- Northern District of FL – Public Comment Period Open for the 2022 Proposed Local Rules – 3/9 deadline
- Southern District of FL – April 4 is your turn for NextGen
- Eastern District of TN – NextGen Live March 7th
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT. . .
Ending a COVID Forbearance – A Knowledge Nugget from Max Gardner and The NCLC
What happens at the end of a COVID forbearance? Can servicers demand a large balance?
Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor). Is it a GSE, FHA or private label loan?
Click here for the NCLC chart showing various options.
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 21, 2022
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Critical Case Comment – No Such Thing as “Technical” Violation of the Stay
Drilling Down on Consumer Debt: A Closer Look at the $52 Billion Increase in Credit Card Debt
The New York Fed just released its consumer debt report for the period ending December 2021. One of the headlines to come from this report is that credit card debt increased by $52 billion in the 4rd Qtr. 2021—the largest increase in 22 years. This is statistically true, but it does not tell the whole story of the pandemic’s impact on consumer debt.
Judge Anderson breaks down these numbers and explains them including auto loan debt.
I Was Just Following Orders
During his tenure as Editor/Advisor for ConsiderChapter13.org, Judge Waldron wrote many extraordinary reference pieces. This week, we re-bring you one of these. Although written using a 2008 case, our research indicates this is still a very timely resource.
In this article, Judge Waldron explains why the “I was just following orders” defense doesn’t hold up.
Titles 11 and 28 Monetary Changes for 2022
The New Paradigm: How to Build an Effective Remote and Hybrid Work Environment
From NCBRC
Ending a COVID Forbearance – A Knowledge Nugget from Max Gardner and The NCLC
What happens at the end of a COVID forbearance? Can servicers demand a large balance?
Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor). Is it a GSE, FHA or private label loan?
Click here for the NCLC chart showing various options.
Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
- District of Colorado – Career or Term Law Clerk
- District of Wyoming – Term Law Clerk – Open until filled
- Western District of Virginia – Programmer/System Administrator
Student Loans Chronicles
For Your Blog
- 3 in 10 Couples Have Experienced Financial Infidelity in the Past Year — Here are the most common lies – The biggest money-related lies in relationships deal with spending, debt and income.
From the Courts
- Central District of CA – Note reassignment of Judges Wallace and Clarkson cases
- Northern District of FL – Public Comment Period Open for the 2022 Proposed Local Rules – 3/9 deadline
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- Southern District of FL – April 4 is your turn for NextGen
- Eastern District of TN – NextGen Live March 7th
- District of Puerto Rico – NextGen Live February 28
IN CASE YOU MISSED IT. . .
Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 3 of 3
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.
Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.
In Part 3, Bushman concludes this topic by outlining minority interpretations.
Thank you, Ms. Busham for this excellent outline!
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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February 14, 2022
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Leading a Winning Team
In our “Staff Corner” series, the affable, insightful, sapientMerideth Akersbrings us a playbook of how to effectively manage a team that always scores.
“Certainly, the success of the team is partly determined by finding and retaining the best talent for our teams. This is not as easy as it may sound.”
Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?
“Who doesn’t have a joint bank account with someone they care about?”
As a debtor attorney, this should be an issue you are watching for at every intake. An alert trustee will win the cash every time if you don’t advise your client appropriately.
Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 3 of 3
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.
Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.
Judge to Retire
Farmers in the News
Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC
Mortgage Backed Securities Anyone?
Click here for the Federal Reserve Bank’s February 2022 report on MBS.
Positions Available
- Chapter 13 Standing Trustee Eastern District of Virginia – Norfolk/Newport News Divisions Application Deadline 2/18/22
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
- District of Colorado – Career or Term Law Clerk
- District of Minnesota – Term Law Clerk Application Deadline 2/18/22
- District of Wyoming – Term Law Clerk – Open until filled
- Western District of Virginia – Programmer/System Administrator
Student Loans Chronicles
For Your Blog
From the Courts
- Central District of CA – Note reassignment of Judges Wallace and Clarkson cases
- Northern District of FL – Public Comment Period Open for the 2022 Proposed Local Rules – 3/9 deadline
- Middle District of FL – Administrative Order Prescribing Procedures for Student Loan Management Program
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- District of SC – Relocation of Divisional Office from Spartanburg to Greenville
- District of SC – Erroneous Transfer of Cases Affecting the Spartanburg Division
- Southern District of FL – April 4 is your turn for NextGen
- Eastern District of TN – NextGen Live March 7th
- District of Puerto Rico – NextGen Live February 28
Sanctions and Irony and Fraud, Oh My!
- Utah Attorney Who Embezzled More Than A Quarter-Million Dollars From Clients Is Sentenced – Plead guilty to bankruptcy fraud
IN CASE YOU MISSED IT. . .
Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 7, 2022
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When the Duty to Provide Tax Returns Collides with Confidentiality
Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k
Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.
Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.
From the Middle District of North Carolina
“After careful consideration, the Court has made the difficult decision to consolidate its three standing chapter 13 offices into two standing chapter 13 offices. As a first step, beginning in approximately 75 days*, all new or converted Durham division chapter 13 cases will be assigned to Trustee Troxler. Around September 2022, Trustee Hutson’s pending cases will be transferred to Trustee Troxler in connection with the staged wind down of Trustee Hutson’s office. As more information is available, it will be shared with the bankruptcy bar.”
*Notice dated 2/2/22
From the Courts
Bankruptcy Filings Drop 24 Percent
(But the good news is that some districts are seeing an uptick in consumer filings.)
District of Maryland
Southern District of New York
Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC
MARK YOUR CALENDAR NOW
NACTT 2022 – LIVE
(Yes, the goal is live, in-person, in the room with the speakers –
what a great concept!!!)
July 6-9
San Francisco Marriott Marquis
Agenda in brief:
- Contempt Powers Post Gravel
- Ethical Implications of Remote Lawyering Post-Pandemic
- Discharge or Not – Dealing with Post-Expiration Debtor Payments
- Windfalls in Chpt 13
- Virtual Hearings – Maximize Benefits/Avoid Pitfalls
- Dismiss with Prejudice – When appropriate/what conditions apply
- Conversion Issues
- Abusive Lending Statues and Remedies
- AND MORE
Of course, mortgage issues, student loans, and the ever-popular Case Law Update – Judge Lundin, Trustee Hildebrand, and special guest: TARA TWOMEY!!
From the CFPB
- Guide to Filing Your Taxes in 2022 (Yes, this is in the proper category – fairly easy to navigate information. You may want to glance at this not only for your clients but for your own tax filing preparation.)
- Know Your Data: Our Updated List of Reporting Companies (You can probably find items in this article to use as a springboard For Your Blog.)
Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
- District of Colorado – Career or Term Law Clerk
- District of Minnesota – Term Law Clerk Application Deadline 2/18/22
- District of Wyoming – Term Law Clerk – Open until filled
- Western District of Virginia – Programmer/System Administrator
Student Loans Chronicles
For Your Blog
- More People Qualify for Emergency Rent Funding Amid Pandemic, Inflation – Program helps residents with financial hardships (This program is in Clermont County, OH; wonder how many other counties have similar money?)
From the Courts
- Middle District of FL – Administrative Order Prescribing Procedures for Student Loan
Management Program
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- District of SC – Relocation of Divisional Office from Spartanburg to Greenville
- District of SC – Erroneous Transfer of Cases Affecting the Spartanburg Division
- Southern District of AL – Don’t file pleadings using another attorney’s CM/ECF account!A pleading filed in CM/ECF must have a signature block in the name of the same person whose login and password are being used for the filing. Bankruptcy Rule 5005(a)(2)(C) states: “A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.” [Emphasis added.] In other words, you can’t file a pleading under your name using someone else’s CM/ECF account; either get your own account or have that person sign it.
- Warren E. Burger Federal Building and U.S. Courthouse in St. Paul will be closed through approx. February 18, 2022 due to a criminal trial.
- District of Rhode Island – NEW Homeowner Assistance Fund
- Eastern District of TN – NextGen Live March 7th
- District of Puerto Rico – NextGen Live February 28
- District of MD – NextGen Live February 14th
Sanctions and Irony and Fraud, Oh My!
- Wells Fargo Pays $12M for Wrongly Denying Mortgage Modifications – More than 1,800 mortgage borrowers will receive a compensation in class action lawsuit settlement
IN CASE YOU MISSED IT. . .
If You’re Gonna Bet the Farm, Maybe Play Against the House
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 31, 2022
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Archives |
Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”
If You’re Gonna Bet the Farm, Maybe Play Against the House
Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 1 of 3
2022 Poverty Index
Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC
Webinar Recordings Available
3002.1 Proposed Rule Changes: The Webinar 12/16/21
3002.1 The Dialogue Continues Produced 1/14/22
Click here to Submit Your Comments
to the Rules Committee
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW!
From the CFPB
CFPB Launches Initiative to Save Americans Billions in Junk Fees – Agency Seeks Public Input on Fees on Bank Accounts, Credit Cards, and Other Financial Products
Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
Student Loans Chronicles
From NCBRC
For Your Blog
- Taxpayers Beware: Tax season is prime time for phone scams
From the Courts
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- Southern District of AL – Don’t file pleadings using another attorney’s CM/ECF account!A pleading filed in CM/ECF must have a signature block in the name of the same person whose login and password are being used for the filing. Bankruptcy Rule 5005(a)(2)(C) states: “A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.” [Emphasis added.] In other words, you can’t file a pleading under your name using someone else’s CM/ECF account; either get your own account or have that person sign it.
- Warren E. Burger Federal Building and U.S. Courthouse in St. Paul will be closed starting January 20 through approx. February 18, 2022 due to a criminal trial.
- District of Rhode Island – NEW Homeowner Assistance Fund
- Eastern District of TN – NextGen Live March 7th
- District of MD – NextGen Live February 14th
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT. . .
Of Grace Periods and Mortgage Payments
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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January 24, 2022
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Archives |
The Case for Conduit Mortgage Payments
Of Grace Periods and Mortgage Payments
Critical Case Comment – 3002.1 and Reverse Mortgages
Selection of U.S. Bankruptcy Judge
Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC
3002.1 Webinar Recordings Available
3002.1 Proposed Rule Changes: The Webinar 12/16/21
3002.1 The Dialogue Continues Produced 1/14/22
24 Days Left to Submit Your Comments
to the Rules Committee
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW!
In Sympathy – The Honorable Jerome Feller
- Click here for Official Announcement
- Click here for Obituary
Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
Student Loans Chronicles
- CFPB to Examine Colleges’ In-House Lending Practices – CFPB Publishes Oversight Protocols for Institutional Student Lending
From NCBRC
For Your Blog
- Navy Program Providing Financial Assistance for Military Families – With the end of the Child Tax Credit, a program offers assistance to military families in need of financial help and guidance.
From the Courts
- Warren E. Burger Federal Building and U.S. Courthouse in St. Paul will be closed starting January 20 through approx. February 18, 2022 due to a criminal trial.
- District of Rhode Island – NEW Homeowner Assistance Fund
- Eastern District of TN – NextGen Live March 7th
- District of MD – NextGen Live February 14th
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- CFPB Sues United Holding Group, Its Affiliates, and Its Owners for Illegal Debt Collection Practices – The debt collection company and its owners knowingly used third-party collectors that engaged in unlawful and deceptive tactics
IN CASE YOU MISSED IT. . .
When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
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January 17, 2022
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Archives |
Director of U.S. Trustee Program to Retire
1/13/22 the Justice Department announced the retirement of Clifford White, the Director of the Justice Department’s U.S. Trustee Program, which oversees the administration of bankruptcy cases, effective March 31, 2022.
Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings
When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)
Good Stuff Out of Max Gardner’s 12/29 Webinar
Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer
Response to NOE from Loan Servicer
A note from Max: If you want to sign up for the videos (free through Jan 31, 2022) go to https://maxconsumerdefenseacademy.com/ and click on the menu tab MAX ON ZOOM. Scroll down to HOLIDAY OFFER and create a new account (even if you have an existing account you must create a new one–you can use your same email address, but a new password). If you sign up for the Holiday Offer, I will add you to another Box.com folder of materials that correspond with these videos.
Webinar Recordings Available:
3002.1 Proposed Rule Changes: The Webinar 12/16/21
3002.1 The Dialogue Continues Produced 1/14/22
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW
NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For
Second Circuit Decides Mortgage Servicing Issue
In Naimoll v. Ocwen Loan Servicing, LLC, the Second Circuit construed the catch-all provision of Regulation X, 12 C.F.R. § 1024.35, as being broad enough to cover the servicing errors alleged by the borrower.
See also:
Second Circuit Court of Appeals ruling in Ocwen/PHH case is major victory for homeowners, landmark decision will expand, strengthen RESPA, Regulation X protections
From Above the Law
- A Step-By-Step Guide to Disaster-Proofing Your Business (Not many of you clicked this link so I’m leaving it in another week – you know you need to glance at this and get to work on your own Disaster Preparedness Plan!)
Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
From the CFPB
- CFPB Issues Bulletin to Prevent Unlawful Medical Debt Collection and Credit Reporting – New Law Limits Surprise Medical Bills
- CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations
For Your Blog
- . . . Still Not Blogging? You are missing a potential revenue stream.
From the Courts
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- Munster Woman Ordered to Pay Over $80,000 in Restitution to Chapter 13 Bankruptcy Trustee (Great job Trustee Chael!)
- Attorney Accused of ‘Extreme and Egregious’ Behavior Over Harassing Emails to Biglaw (Not bankruptcy related but, um, interesting, yeah, that’s the word, interesting.)
IN CASE YOU MISSED IT. . .
Do I Really Have to Tell the Trustee About Newly Acquired Assets?
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 10, 2022
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Archives |
Do I Really Have to Tell the Trustee About Newly Acquired Assets?
On More Effective Writing
“Defined Terms Are Not Your Friend. Lawyers love defined terms.”
Although specifically written to attorneys in his court, Judge Kimball addresses a national issue – verbose,v ague and illogical writing patterns. In a short, humorous way, he gives a fantastic primer on writing motions and responses.
FREE WEBINAR REGISTER NOW
Friday, January 14th at 2 Eastern
3002.01 The Discussion Continues
Join our panel of experts as they expound on the discussion began in our webinar on December 16th entitled 3002.1 Proposed Rule Changes: The Webinar which is now available for viewing*.
Panelists:
Debra L. Miller – “Conduit” Chapter 13 Trustee
Marie-Ann Greenberg – “Non-Conduit” Chapter 13 Trustee
Hilary B. Bonial, Esq. – Bonial & Associates, P.C.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!
Chapter 12 in the News
From Above the Law
Positions Available
Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
From the CFPB
- CFPB Shutters Lending by VC-Backed Fintech for Violating Agency Order – Google Ventures, Andreessen Horwitz, Kleiner Perkins, and other prominent venture capital firms invested in LendUp (Attention: Debtor Attys – this one seems a little more of interest than most of these CFPB notices.)
From NCBRC
For Your Blog
- IRS Sending Letters to Advance Child Tax Credit Recipients – Recipients urged tohold onto them for preparing their 2021 federal tax returns in 2022.
- IRS News from Around the Nation (All on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)
From the Courts
- Western District of TX Austin Division – Amended Standing Order for Chapter 13 Case Administration for the Austin Division Effective in all Cases Filed on and after January 1, 2022
- Northern District of IL – New Chapter 13 Mortgage Modification Mediation Program
- District of KS – Proposed Changes to Local Rules – Comments due by 1/10/22
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- District of SC – Request for Comment on the Local Form Chapter 13 Plan and CM/ECF Event Changes
- District of MN – New Chpt 13 Plan Form effective 1/1/22
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- Former NFL Star Clinton Portis Seeks to Avoid Prison Time for Fraud; Federal Prosecutors Seek 10-16 Months
- Trustee in Tomaszewski Bankruptcy Seeks Order to Obtain Tax Refunds – Click here for a background article
- Convicted House-Flippers Now Face Rent Fraud Charges (Juicy but not bankruptcy related.)
- Police Say Utah Businessmen Took $888K from Customers, Never Delivered a Trailer (Somewhat interesting but not bankruptcy related.)
- Reagor in Deeper Trouble Than Previously Thought, Feds Seek Even More Than 30 Years Prison Time (Not particularly exciting past the headline unless you are already familiar with the case.)
IN CASE YOU MISSED IT. . .
Judicial Year in Review 2021
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BY THE NUMBERS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 3, 2022
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Archives |
2022 – Really???
It doesn’t seem possible that it is the year Two Thousand and Twenty-Two!
Since 2008, The Academy d/b/a ConsiderChapter13.org has brought you the cutting edge of trends, developments, and case law in consumer bankruptcy.
Here’s to a long future of more of the same.
In the coming weeks we have a lot to look forward to: The Limits of Judicial Grace and Patience; More Effective Writing; Sunset Provisions; “Technical” Stay Violation Can Still Cost . . . A Lot; Yes, You Have to Tell The Trustee about New Assets; Trustees’ Compensation; and MUCH MUCH MORE.
New Region 21 UST
Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands
Mark Your Calendar for Another FREE Webinar
3002.01 The Discussion Continues
Join our panel of experts on Friday, January 14th at 2 Eastern for a continued discussion of the proposed changes to Federal Rule 3002.1. Watch for registration information.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!
