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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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Archives |
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She’s baaaaack. . .
This has been a very difficult month. As reported on the 18th, my sweet, wonderful, husband passed away. I want to thank everyone for your thoughts, prayers, hugs, well-wishes, flowers, cards, and overall love. I also want to specifically thank Bill Brown, Mark Leffler and all those who picked up my slack throughout the entire ordeal and continued to get the weekly updates out. With much love, appreciation, and gratefulness, |
The Complex World of Interspousal Claims in Bankruptcy
“. . . One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce.”
Another excellent piece relevant to your day to day practice.
Special Counsel 101: Getting Paid and Protecting Clients
HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!
On May 1st just forty short years ago, both Hank and George were appointed as Standing Chapter 13 Trustees.
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George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis) | |
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Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) |
Judges Appointed
Judge Jason A. Burgess and Judge Tiffany Geyer Sworn in as Middle District of Florida Bankruptcy Judges
Passing of Judge Thomas R. Cornish
Thomas Robert Cornish, retired United States Bankruptcy Judge for the Eastern District of Oklahoma, passed away on February 2, 2022.
Positions Available
- CFPB Multiple Attorney/Supervisory Openings – Application deadlines 5/5 and 5/6
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
From NCBRC
From the Courts
Sanctions and Irony and Fraud, Oh My!
- CFPB Obtains Ban Against Debt Relief CEO Daniel Crenshaw – Crenshaw collected nearly $10.5 million in unlawful fees
For Your Blog
Understanding Taxpayer Rights: The right to challenge the IRS’s position and be heard
In Case You Missed It . . .
Cui Pro Bono?
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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Archives |
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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Archives |
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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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Archives |
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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Archives |
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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Archives |
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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Archives |
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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Archives |
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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Archives |
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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Archives |
 |
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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Archives |
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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Archives |
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!
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December 27, 2021
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Archives |
Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth
Student Loans Chronicles
Judicial Year in Review 2021
From the IRS
- IRS News from Around the Nation (This is pretty cool – all on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)
Available Judgeships
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.)
For Your Blog
- IRS Sending Letters to Advance Child Tax Credit Recipients – Recipients urged to hold onto them for preparing their 2021 federal tax returns in 2022.
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
- Southern District of MS – Effective January 1, 2022, no more static PDF format 341 meeting calendars on its website.
- Northern District of IL – Questions? Complaints? Concerns? Tell the Bankruptcy Court Liaison Committee
- 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
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT. . .
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB V (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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December 20, 2021
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Archives |
Judicial Year in Review 2021 – Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors
Meet a New Trustee
Available Judgeships
From the CFPB
- CFPB Opens Inquiry into “Buy Now, Pay Later” Credit – Buy Now, Pay Later Expected to Set New Records for Lending this Holiday Season
- CFPB Report Highlights Supervisory Findings of Wide-Ranging Violations of Law in 2021 – Examiners found violations in areas including mortgage servicing, fair lending, payday, and remittances
Student Loans Chronicles
For Your Blog
From the Courts
- Central District of CA – This is nifty – Central Guide to Replace the Court Manual Effective NOW
- 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 – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- New Jersey Attorney Disbarred Following Conviction in $873K Mortgage Fraud Scheme – (And a diligent 13 Trustee started it all!)
- Augusta Man Convicted of Multi-Million-Dollar Scheme to Defraud a Mortgage Lender Defendant also committed bankruptcy fraud and lied under oath
IN CASE YOU MISSED IT. . .
Sanctions in South Carolina
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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December 13, 2021
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Archives |
Sanctions in South Carolina
Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims
Appointment of New Trustee
As of January 1st, Erin M. McCartney will be the new Chapter 13 Standing Trustee for the District of Nebraska. Ms. McCartney has big shoes to fill as she will be replacing our friend Kathleen Laughlin upon her retirement.
Congratulations Erin McCartney!
Chapter 12 In The News
Debt Collection
A popular item from last week – Debt collectors can now text, email and DM you on social media (An excellent piece for your client communication – i.e. newsletter, blog)
From the CFPB
- CFPB Report Highlights Supervisory Findings of Wide-Ranging Violations of Law in 2021 – Examiners found violations in areas including mortgage servicing, fair lending, payday, and remittances
Webinar This Week – Register Now
3002.01 Proposed Rule Changes: The Webinar
Join our panel of experts on Thursday, December 16 that 2 Eastern for a lively discussion of the proposed changes to Federal Rule 3002.1.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!
From NCBRC
For Your Blog
Get Ready for Taxes
Families who received advance payments will need to compare the advance Child Tax Credit payments that they received in 2021 with the amount of the Child Tax Credit that they can properly claim on their 2021 tax return.
In January 2022, the IRS will send Letter 6419 with the total amount of advance Child Tax Credit payments taxpayers received in 2021.
Taxpayers who received less than the amount for which they’re eligible will claim a credit for the remaining amount of Child Tax Credit on their 2021 tax return. Taxpayers who received more than the amount for which they’re eligible may need to repay some or all of the excess payment when they file.
From the Courts
- Central District of CA – This is nifty – Central Guide to Replace the Court Manual Effective NOW
- Southern District of GA – Reminder: The Honorable Edward J. Coleman, III is holding in-person hearings in the Savannah and Statesboro Divisions
- 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 – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- Western District of PA – January 18 is your turn to upgrade to NextGen
Sanctions and Irony and Fraud, Oh My!
- A Bankruptcy Petition Preparer in Goshen, Indiana was Sentenced for Subornation of Perjury – “Certain debtors and clients of Phillips reported that she had induced them to falsely state on their bankruptcy documents that they had paid her half of the amount they had actually paid her for her services.”
- Private Jet Charter Company CEO Convicted of Bankruptcy Fraud – A federal judge convicted a Reston businessman on a series of fraud charges related to a personal bankruptcy case.
- Judge is Kicked Off Foreclosure Case that Morphed into ‘Ever-Escalating Battle’ (Not bankruptcy but somewhat juicy.)
IN CASE YOU MISSED IT. . .
Judicial Year in Review 2021 – Part 3 Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUB V (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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December 6, 2021
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Archives |
Critical Case Comment – Absolute Right to Dismiss But Not the End of the Story
Judicial Year in Review 2021
New Study
Debt Collection
Debt collectors can now text, email and DM you on social media (An excellent piece for your client communication – i.e. newsletter, blog)
Passing of Judge
Judge Jack B. Schmetterer (retired) of the Northern District of Illinois has passed away.
See also:
From the Archives
Chapter 13 Under the Bankruptcy Act and Chandler Amendments
An older article but still a great primer on the history of bankruptcy.
From Above the Law
Respect, Relationships, and Responsibility: The Three Rs of Modern Law and Business
It is no longer enough to simply deliver a service or a product; a reliable connection must be made and nurtured as well.
Upcoming Webinar – Register Now
Title: 3002.1
Join our panel of experts on Thursday, December 16th at 2:00 Eastern for a lively discussion of the proposed changes to Federal Rule 3002.1 and the controversial issue of deeming the mortgage current.
Not a Subscriber? JOIN NOW!
For Your Blog
From the Courts
- 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
- Eastern District of MO – Local Rules effective 12/1/21
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (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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November 29, 2021
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Archives |
IT’S CATCHUP WEEK!!
Due to the Thanksgiving Holiday, we bring you a Greatest Hits
Update. However, the non-password protected items are new.
When the Trustee Gets Subpoenaed
For Whom Does the Bell Toll?
Escrow 101 and 102
A resource you don’t want to miss.
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Escrow 102 – Part 4 of 4
Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A
Judicial Year in Review 2021 Part 2: Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure
A very popular item from last week . . .
Critical Case Comment – Pro Se Debtor Sanctioned
Did You Know . . .
ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.
There is also a staff training webinar library!
Not a Subscriber? JOIN NOW!
Student Loans Chronicles
For Your Blog
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 22, 2021
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Archives |
Judicial Year in Review 2021 Part 2: Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure
Critical Case Comment – Pro Se Debtor Sanctioned
TFS Bill Pay Announces New Attorney Report Center
New Judges Appointed
Judge Grace E. Robson and Judge Jacob A. Brown Sworn in as Middle District of Florida Bankruptcy Judges.
Eviction Protection in the News
Judge to Retire
Did You Know . . .
ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.
There is also a staff training webinar library!
Not a Subscriber? JOIN NOW!
From the CFPB
CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)
For Your Blog
From the Courts
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Central District of CA – Proposed Changes to Local Rules – Comments due by 11/24/21
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
Sanctions and Irony and Fraud, Oh My!
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
OF INTEREST TO THE GEEKIEST OF BANKRUPTCY GEEKS! (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 15, 2021
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Archives |
Are Monthly Newsletters to Clients Beneficial? Heck Yeah!
“With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. . . I have sent a tailored mass email to clients who I represented in Chapter 7s more than eight years ago letting the former clients know that they are now eligible for another Chapter 7, if needed, or a Chapter 13. I have also sent mass emails to potential clients with whom I have met who, at that time, decided against filing.”
Almost every week, ConsiderChapter13.org offers at least one item under the “For Your Blog” category.
We hope that these ideas will help jumpstart you toward a blog; mass email; and/or periodic newsletter.
Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action
Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules
New Judge Appointed
Did You Know . . .
ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.
There is also a staff training webinar library!
Not a Subscriber? JOIN NOW!
Supreme Court Corner
From NCBRC
New From the Northern District of Illinois
From the CFPB
- CFPB Takes Action to Prevent Avoidable Foreclosures (Servicers need to glance at this; doesn’t appear to say anything new.)
- CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)
Position Opening
- Chapter 13 Trusteeship – Maryland, Baltimore Division (Application deadline 11/19/21)
- Chapter 7 Panel Trustees – (1) Western District of Tennessee, Jackson and Memphis Divisions (11/30/21); (2) District of Idaho, primarily in the Eastern Division (Pocatello) (11/29/21); (3) Northern and Eastern Districts of Oklahoma, primarily in the Eastern District (11/30/21)
- Judgeship – Southern District of New York(Application deadline 12/3/21)
From the Courts
- District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
- Central District of CA – Proposed Changes to Local Rules – Comments due by 11/24/21
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- District of SC – Request for Comment on Proposed Changes to the Local Rules – Comments due by 11/19
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
IN CASE YOU MISSED IT . . .
Justifying Reasonable Document Requests
It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.
Recent changes to the Handbook for Chapter 13 Standing Trustees prompted Attorney O’Hair (and his colleague Masako Okuda)to write this excellent reference piece on why the Trustee needs what he or she needs.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 8, 2021
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Archives |
Justifying Reasonable Document Requests
It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.
Recent changes to the Handbook for Chapter 13 Standing Trustees prompted Attorney O’Hair (and his colleague Masako Okuda)to write this excellent reference piece on why the Trustee needs what he or she needs.
Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules
New Chief Judge Named
The United States Bankruptcy Court for the Western District of Texas announced that effective November 2, 2021, Bankruptcy Judge Craig A. Gargotta shall serve as Chief Judge of the Bankruptcy Court.
Webinar Recording Now Available
Gravel: So, What’s the Big Deal?
Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Sanctions? No sanctions? Join the Trustee in Gravel, Jan Sensenich, Appellate Attorney Mahesha Subbaraman, and Hank Hildebrand for the answers.
Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.
Fun Article on Quasi-Retired Judge
SF Handbook
As of 10/20/21 HUD has updated the 4000.1 Single Family Housing Policy Handbook
Two ways to access:
- We’ve done the work for you. Click here for a PDF of the whole danged thing – all 1149 pages of it.
- For an electronic version click here.
Interesting New Study
Trajectories of Unsecured Debt and Health at Midlife
A new study concludes: “The amount, timing, and duration of unsecured debt accumulation and repayment have important health implications and may exacerbate midlife health inequalities” particularly joint pain and stiffness.
Student Loans Chronicles
- Borrowers Say They Were Wrongly Denied Loan Forgiveness – Now, help is on the way
- Biden’s Top Student-Loan Official Vows Students Defrauded By Defunct For-Profit Colleges Will Get Help — And Top Execs Will Pay The Price
From the CFPB
- CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)
Position Opening
- Chapter 13 Trusteeship – Maryland, Baltimore Division (Application deadline 11/19/21)
- Chapter 7 Panel Trustees – (1) Western District of Tennessee, Jackson and Memphis Divisions (11/30/21); (2) District of Idaho, primarily in the Eastern Division (Pocatello) (11/29/21); (3) Northern and Eastern Districts of Oklahoma, primarily in the Eastern District (11/30/21)
- Judgeship – Southern District of New York(Application deadline 12/3/21)
From the Courts
- Central District of CA – Proposed Changes to Local Rules – Comments due by 11/24/21
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- District of SC – Request for Comment on Proposed Changes to the Local Rules
- Northern District of NY – Please click here for Public Notice regarding proposed amendments to two local bankruptcy rules.
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
- District of NV – CM/ECF will be unavailable from Wednesday, 11/10, 5:00 PM PST until approximately 8:00 AM PST, Monday, 11/15, to upgrade to Next Generation.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Rental Assistance
The Honorable Keith M. Lundin (Retired) offers Academy readers a special look at one of his LundinOnChapter13.com video blogs. At approximately eight minutes in, Judge Lundin details a little-known Rental Assistance program that all debtor attorneys need to be aware of and sharing with clients/potential clients.
ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE: The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 1, 2021
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Archives |
Critical Case Comment – And There is Also Blanco
Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.”
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Webinar Recording Now Available
Gravel: So, What’s the Big Deal?
Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Sanctions? No sanctions? Join the Trustee in Gravel, Jan Sensenich, Appellate Attorney Mahesha Subbaraman, and Hank Hildebrand for the answers.
Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.
Rental Assistance
The Honorable Keith M. Lundin (Retired) offers Academy readers a special look at one of his LundinOnChapter13.com video blogs. At approximately eight minutes in, Judge Lundin details a little-known Rental Assistance program that all debtor attorneys need to be aware of and sharing with clients/potential clients.
ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE: The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.
See also:
Navigating Secured Creditors Who File Unsecured Chapter 13 Claims
SF Handbook
As of 10/20/21 HUD has updated the 4000.1 Single Family Housing Policy Handbook
Two ways to access:
- We’ve done the work for you. Click here for a PDF of the whole danged thing – all 1149 pages of it.
- For an electronic version click here.
Barbara J. Rom Award
The Federal Bar Association of the Eastern District of Michigan established the Barbara J. Rom Award for Bankruptcy Excellence to honor individuals who have exhibited the highest level of overall excellence in the practice of bankruptcy law. This year’s winner is Rozanne M. Giunta.
Congratulations Rozanne!!
Judge Retires
From the CFPB
- Worth repeating . . . CFPB Orders Tech Giants to Turn Over Information on their PaymentSystem Plans – “The initial orders were sent to Amazon, Apple, Facebook, Google, PayPal, and Square. The Bureau will also be studying the payment system practices of Chinese tech giants, including Alipay and WeChat Pay.”
From the Courts
- Southern District of NY – Proposed Chapter 13 Plan – Comments due by 12/27/21
- District of SC – Request for Comment on Proposed Changes to the Local Rules
- Northern District of NY – Please click here for Public Notice regarding proposed amendments to two local bankruptcy rules.
- Southern District MS – Effective November 1, 2021, Judge Jamie A. Wilson’s hearings will be “in-person” unless a party is notified otherwise by the Court.
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
IN CASE YOU MISSED IT . . .
Employment Law Alphabet Soup
In our ongoing series for comptrollers, office managers, or anyone who runs a small business, Mr. Akers brings us a valuable resource regarding state and federal employment law.
“Employment law complaints and litigation are large and growing segments of the legal landscape. However, an employer can be protected by doing the right thing the right way.”
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
FAIR DEBT COLLECTION PRACTICES ACT (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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October 25, 2021
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Archives |
Critical Case Comment – 10th Circuit Says No Default Cures After Month 60
Employment Law Alphabet Soup
In our ongoing series for comptrollers, office managers, or anyone who runs a small business, Mr. Akers brings us a valuable resource regarding state and federal employment law.
“Employment law complaints and litigation are large and growing segments of the legal landscape. However, an employer can be protected by doing the right thing the right way.”
More from this author:
Why Address Formatting Is So Important for Jurisdiction
From the CFPB
- CFPB Orders Tech Giants to Turn Over Information on their PaymentSystem Plans – “The initial orders were sent to Amazon, Apple, Facebook, Google, PayPal, and Square. The Bureau will also be studying the payment system practices of Chinese tech giants, including Alipay and WeChat Pay.”
Position Opening
- NCLC – Public Interest Consumer Attorney: Predatory Lending, Banking
- Judgeship – Southern District of New York(Application deadline 12/3/21)
- Term Judicial Law Clerk – District of Minnesota
Student Loans Chronicles
- Nearly 10 Million Borrowers Are About to See a Change in Student Loan Service — here’s what that means, the good and bad
For Your Blog
During these lean times for attorneys who represent debtors, if you aren’t at least blogging, you may want to think about it. By reaching out to your former clients, you can increase your client base. Think about a newsletter – either paper mail or email. You may be surprised at the results. If you do this, be sure to include some “light” items such as recipes, exercise tips, or other life-style tips.
From the Courts
- District of SC – Request for Comment on Proposed Changes to the Local Rules
- Northern District of NY – Please click here for Public Notice regarding proposed amendments to two local bankruptcy rules.
- Southern District MS – Effective November 1, 2021, Judge Jamie A. Wilson’s hearings will be “in-person” unless a party is notified otherwise by the Court.
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
- Central District of IL – Going live on NextGen 10/25/21 Click here for new information
IN CASE YOU MISSED IT . . .
Escrow 101 and 102
A resource you don’t want to miss.
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Escrow 102 – Part 4 of 4
Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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October 18, 2021
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Archives |
Critical Case Comment – Discharged Junior in 7 Survives in 13
Practice Tips from Hon. Meredith Jury (Ret.)
Escrow 102 – Part 4 of 4
Part 4 is the conclusion to McCormick’s two-part series (Escrow 101 and 102) discussing the escrow account from start to finish including mortgage servicer’s obligations. This section looks at the shortage only arrears claim.
See also:
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A
Appointment of Chapter 13 Standing Trustee
Effective October 1, 2021, Thomas H. Hooper was appointed Chapter 13 Standing Trustee for the Northern District of Illinois, Eastern Division.
CONGRATULATIONS TOM!
From NCBRC
From the United States Courts
Chief Justice Names Conference Committee Chairs
“Bankruptcy Judge Dennis Dow (Missouri-Western) was extended for one year as chair of the Advisory Committee on Bankruptcy Rules.”
Position Opening
- Judgeship – Southern District of New York (Application deadline 12/3/21)
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Term Judicial Law Clerk – District of Maryland
- Term Judicial Law Clerk – District of Minnesota
For Your Blog
During these lean times for attorneys who represent debtors, if you aren’t at least blogging, you may want to think about it. By reaching out to your former clients, you can increase your client base. Think about a newsletter – either paper mail or email. You may be surprised at the results.
From the Courts
- Western District of MI – Revised Model Chapter 13 Plan Available for Comment – Comments due by 11/12/21
- Central District of CA – General Order Regarding Vaccination and Testing
- Southern District of GA – Starting 11/5/21, the Honorable Edward J. Coleman, III will return to in-person hearings in Savannah and Statesboro Divisions.
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Middle District of FL – Your turn for NextGen – Going live 11/22/21.
- Central District of IL – Going live on NextGen 10/25/21 Click here for new information
- Eastern District of CA – NextGen Going Live – CM/ECF will be down Thursday, 10/14/21 at 8:00 PM until Monday, October 18, 2021 at 8:00 AM
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
For Whom Does the Bell Toll?
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB CHAPTER V (Not password protected)
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October 11, 2021
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Archives |
The Second Monday in October
More Than a Mattress Sale
For Whom Does the Bell Toll?
Escrow 102 – Part 3 of 4
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy. This week McCormick helps us to examine in detail Official Form 410A.
See also:
Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A
Two Free Webinars
From the Academy
Gravel: So, What’s the Big Deal?
Thursday, October 14th 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Join the Trustee in Gravel, Jan Sensenich, and Hank Hildebrand for the answers.
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From the North Carolina Bar Association’s Bankruptcy Section
Light-Touch Bankruptcy by Professor Jonathan Seymour
Thursday, October 28 12:30 eastern/11:30 central/10:30 mtn/9:30 pacific
This presentation will explore Code-based ways of improving the experience of chapter 13 debtors while also reducing the workload of attorneys, trustees and judges.
Position Opening
- Judgeship – Southern District of New York(Application deadline 12/3/21)
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
- Term Judicial Law Clerk – District of Maryland
- Term Judicial Law Clerk – District of Minnesota
Student Loans Chronicles
From the Courts
- Western District of MI – Reappointment of the Hon. Scott W. Dales
- Central District of CA – General Order Regarding Vaccination and Testing
- Southern District of GA – Starting 11/5/21, the Honorable Edward J. Coleman, III will return to in-person hearings in Savannah and Statesboro Divisions.
- Western District of PA – Revised Local Rules effective 11/1 (It appears most of the changes are regarding Chpt 11; however, beginning on page 19, there may be some items consumer attorneys need to note.)
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Central District of IL – Going live on NextGen 10/25/21 Click here for new information
- Eastern District of CA – NextGen Going Live – CM/ECF will be down Thursday, 10/14/21 at 8:00 PM until Monday, October 18, 2021 at 8:00 AM
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Is Your Law Practice Evolving to Incorporate New Technology
OF INTERESTS (Not password protected)
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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October 4, 2021
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Archives |
Critical Case Comment – Present Value and Attorney’s Fees
Is Your Law Practice Evolving to Incorporate New Technology
Meet a New Trustee
Escrow 102 – Part 2 of 4
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy. This week McCormick looks at The History of Escrow Treatment in Bankruptcy which, of course, means the case law you need to be familiar with.
See also:
Click here for Escrow 102 – Part 1 of 4
Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A
New Trustee Announced
CONGRATULATIONS ED SAFIR!!!!
As of October 1st, K. Edward Safir, is a Chapter 13 Standing Trustee for the Northern District of Georgia. He takes over in cases assigned to Nancy Whaley, Interim Chapter 13 Trustee. No, no, no. Nancy isn’t going anywhere. This is the Trusteeship vacated by Mary Ida Townson after her resignation to work with the United States Trustee Program.
From NCBRC
Judge to Retire
The United States Bankruptcy Court for the Southern District of New York announces that Judge Robert D. Drain has declared his intention to retire on June 30, 2022.
More Trustee Announcements
We say good-bye to two much loved and respected Standing Trustees as they retire -Marianne Derosa and David Rosenthal. Derosa’s cases in New York will be administered by current Standing Chapter 13 Trustee, Krista Preuss. Likewise, Rosenthal’s cases will be administered by Debra L. Miller, Chapter 13 Standing Trustee for the Northern District of Indiana in South Bend.
Happy Next Chapter Marianne and David!
DVDs Now Available
Weren’t able to attend the NACTT annual conference in Washington, DC? You can still get all the educational benefit for only $150!!
Judiciary Supplements Judgeship Request, Prioritizes Courthouse Projects
“Courthouses in Hartford, Connecticut, and Chattanooga, Tennessee, have been identified as projects for which the Judiciary will request additional federal . . . the following projects have been identified as out-year courthouse priorities — Bowling Green, Kentucky; Anchorage, Alaska; McAllen, Texas; Greensboro/Winston-Salem, North Carolina; and Norfolk, Virginia.”
From the IRS
Important Item from Last Week: New Contracts Awarded to Private Collection Agencies; Taxpayers May Be Contacted by One of Three Groups
- CBE Group, Inc., Waterloo, IA
- Coast Professional, Inc., Albion, NY
- ConServe, Fairport, NY
Position Opening
- Judgeship – Southern District of New York(Application deadline 12/3/21)
- Chapter 13 Standing Trustee – District of Delaware (Application deadline 10/22/21)
- Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
- U.S. Bankruptcy Judge – Middle District of North Carolina (Application deadline 10/8/21)
- Term Judicial Law Clerk – District of Maryland
From the Courts
- Western District of PA – Revised Local Rules effective 11/1 (It appears most of the changes are regarding Chpt 11; however, beginning on page 19, there may be some items consumer attorneys need to note.)
- Eastern District of WA – General Order amends LBR 1009-1, 2083-1, 3016-1, 3021-1, 9010-1 and adds LBR 2015-1 effective September 20, 2021
- Middle District of NC – New/revised standing orders, numbers 21-01, 21-02, and 21-03
- District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
- Central District of IL – Going live on NextGen 10/25/21
- Southern District of GA – Going live on NextGen 10/12/21 – CM/ECF will be unavailable from Friday, October 8 at 5:00 PM (EST) until Tuesday, October 12
IN CASE YOU MISSED IT . . .
Passing of Affable, Humanitarian Trustee
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
