January 24, 2022

The Case for Conduit Mortgage Payments

By O. Max Gardner III,Chief Executive Officer and President of Max Gardner’s Consumer Defense Academy

“One can certainly make the case without any reservations that Trustee records are always better than the ‘records’ of debtors.”

Of Grace Periods and Mortgage Payments

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

“The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners.Are there arrears when the case is filed during the grace period and the payment made before it was late?” Seems a little akin to Who’s On First.

Critical Case Comment – 3002.1 and Reverse Mortgages

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

Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the Court may prohibit prospective use of a nondisclosed obligation as grounds for a default.

Selection of U.S. Bankruptcy Judge

(Not password protected)

U.S. Court of Appeals for the Fourth Circuit selected Elisabetta G.M. Gasparini to fill the judgeship being vacating by retiring John E. Waites.

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

(Not password protected)

Click here for Official Announcement

Click here for Obituary

Positions Available

(Not password protected)

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

(Not password protected)

Student Loan Forgiveness Has Arrived for 70,000 Borrowers Working Public Service Jobs

2.6 Million Student-Loan Borrowers Could Get Rid of Their Debt by Declaring Bankruptcy — But Major Companies Are Blocking That

More than 1,500 Michiganders Will Get Their Student Debt Forgiven

CFPB to Examine Colleges’ In-House Lending Practices – CFPB Publishes Oversight Protocols for Institutional Student Lending

Rising Inflation Adds Pain to Student Loan Debt

From NCBRC

(Not password protected)

Debtor Not Entitled to Attorney Fees Under State Statute for Alleged Bankruptcy Misconduct

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

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.

Common Tax Return Mistakes That Can Cost Taxpayers

From the Courts

(Not password protected)

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!

(Not password protected)

Sycamore Attorney Sentenced to 2 Years on Bankruptcy Fraud Charges

CFPB Bans BrightSpeed Solutions and Its Former CEO for Supporting Telemarketing Scammers Targeting Older Americans

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

Former Toys ‘R’ Us Execs, Board Accused of Fraud in Bankruptcy Case

IN CASE YOU MISSED IT. . .

When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

By Jeff LeForce, Staff Attorney to Carey D. Ebert, Standing Chapter 13 Trustee for the Eastern District of Texas (Sherman and Texarkana Divisions)

. . . “Judge Larson provides a road map including several useful cases for Trustees and creditors to consider when faced with a vexatious and frivolously litigious debtor and what to do if they violate court orders.”

IN THE NEWS (Not password protected)

Obituary of Susanne Marie Robicsek – Consumer Attorney from Charlotte, NC.

A Return to Robo-Signing: JPMorgan Chase Has Unleashed a Lawsuit Blitz on Credit Card Customers

Bankruptcy Rulings Could Inform Financial Planning Decisions – Court cases expanded on the rules regarding the protection of retirement plan assets.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Forbearance Exits Drop to Lowest Level of COVID Era

What will servicing look like in 2022? Communication, borrower education and training of consumer-facing staff are critical

Meet The New Mobile Home: Manufactured Houses Deliver the American Dream Amid Tough Housing Market

OF INTEREST (Not password protected)

“Engaged In” Eligibility Struggles: Chapter 12 And Subchapter V (In re Mongeau)

New Bar Exam Will Test Future Law Grads on Skills Actually Related to Being a Lawyer

Going, Going, Gone: Third Circuit Confirms Auction Outcome Can Be Strong Evidence of Fair Value (Chpt 11 case but may have 7/13 application.)

FOR YOUR HEALTH (Not password protected)

18 of the Best Foods for Your Healthy Weight Journey

January 17, 2022

Archives

Director of U.S. Trustee Program to Retire

(Not password protected)

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

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

While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings.

When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

By Jeff LeForce, Staff Attorney to Carey D. Ebert, Standing Chapter 13 Trustee for the Eastern District of Texas (Sherman and Texarkana Divisions)

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

(Not password protected)

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. Deadline to sign the letter is C.O.B. Wednesday, January 19, 2022.

Second Circuit Decides Mortgage Servicing Issue

(Not password protected)

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

(Not password protected)

Judges Sometimes Come Up with Better Arguments Than Lawyers

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

(Not password protected)

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

(Not password protected)

CFPB Issues Bulletin to Prevent Unlawful Medical Debt Collection and Credit Reporting – New Law Limits Surprise Medical Bills

Health Care: The ‘No Surprises Act’ Is Now in Effect, But There’s One Glaring Omission

CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations

Student Loans Chronicles

(Not password protected)

Will My Student Loans Be Forgiven? Find Out Who Is Included in Navient Settlement

Navient Cancels $1.7B in Student Loan Debt to Settle Lawsuit Alleging Predatory Practices

From NCBRC

(Not password protected)

No Stay in Effect where Co-Debtor Had Two Previous Cases within Year of Filing

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

. . . Still Not Blogging? You are missing a potential revenue stream.

Treasury Warns of Delayed Tax Refunds Due to ‘Enormous Challenges’

Taxpayers Must Report Gig Economy Earnings When Filing Taxes

Reasons People Who Don’t Normally File Should File a 2021 Tax Return

Why Are So Few Troops Applying for the Extra Housing Money Approved to Ease Financial Woes?

From the Courts

(Not password protected)

Western District of PA – January 18 is your turn to upgrade to NextGen

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Munster Woman Ordered to Pay Over $80,000 in Restitution to Chapter 13 Bankruptcy Trustee (Great job Trustee Chael!)

Associate of Former Gary Mayor Gets Probation for Bankruptcy Fraud

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?

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)

It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? Chief Bankruptcy Court Judge John Waites has presented his take on this issue and concluded, with some important exceptions, that they do not, but be sure to read the Note at the end of this case.

IN THE NEWS (Not password protected)

From Tennessee: ‘No Surprises Act’ Puts a Stop on Unexpected Medical Bills

A New App Makes It Easier for People with Medical Debt to Declare Bankruptcy (Oy vey! But Shout Out to ConsiderChapter13.org subscriber Cindy Podis!)

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Opinion – Liberal Policy Brings the Return of the Zombie Mortgage

CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations

Black Knight MSP Vendor List (It doesn’t really look like a list but it is.)

DEBT AND THE ECONOMY (Not password protected)

Treasury: $2.9B in Rent Relief Reached Tenants in November

173K Applied for Rent Aid in Michigan. About half got help so far

The Lost Cajun Making a Comeback

Jamie Dimon Sees Best Economic Growth in Decades, More Than 4 Fed Rate Hikes This Year

OF INTEREST (Not password protected)

From Harvard.edu – The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees

45% of All Federal Employees Teleworked in Fiscal 2020

Most Federal Agencies Still Aren’t Meeting Cybersecurity Targets

App Attempts to Break Barriers to Bankruptcy for Those in Medical Debt (Heads up: thisApp is Upsolve – this story seems to be being republished all over the country.)

FOR YOUR HEALTH (Not password protected)

13 of the Most Anti-Inflammatory Foods You Can Eat

January 10, 2022

Archives

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

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)

On More Effective Writing

(Used with permission. First published in the Southern District of Florida Courthouse Beacon, December 2021)

By Hon. Erik P. Kimball, United States Bankruptcy Judge, Southern District of Florida, West Palm Beach Division

“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

(Not password protected)

Chapter 12 Bankruptcy Rates Have Increased in Most Agricultural States

From Above the Law

(Not password protected)

A Step-By-Step Guide to Disaster-Proofing Your Business

Positions Available

(Not password protected)

Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22

From the CFPB

(Not password protected)

CFPB Releases Report Detailing Consumer Complaint Response Deficiencies of the Big Three Credit Bureaus

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.)

Justice Department and CFPB Put Landlords and Mortgage Servicers on Notice About Servicemembers’ and Veterans’ Rights

Student Loans Chronicles

(Not password protected)

Student-Loan Burdens Upend the American Homeownership Dream

Why Are Women Bearing the Brunt of Student Loan Debt in America?

From NCBRC

(Not password protected)

Discharge Despite Unpaid Mortgage Fees

Faxed Copies of IRS Tax Adjustments Not a “Return” for Discharge Purposes

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

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

(Not password protected)

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!

(Not password protected)

Mont Vernon Attorney Convicted of Engaging in Multimillion Dollar Fraud Scheme

Former DEA Special Agent Sentenced to Prison for Money Laundering and Fraud Scheme

2021 Story of the Year: Shurwest Bankruptcy Reveals Alleged Fraud

Former NFL Star Clinton Portis Seeks to Avoid Prison Time for Fraud; Federal Prosecutors Seek 10-16 Months

Alleged Fraud by Mississippi Grain Company ‘Shocking’

Trustee in Tomaszewski Bankruptcy Seeks Order to Obtain Tax Refunds – Click here for a background article

Former Billionaire Suing Montana Over Forced Bankruptcy

Towing Company Ordered to Pay Thousands for Auctioning Off Deployed Sailor’s Car

Miami Payday Loan Operator Promised Investors Huge Returns. SEC Says They Lost Millions

Convicted House-Flippers Now Face Rent Fraud Charges (Juicy but not bankruptcy related.)

San Fernando Valley Family Members Sentenced to Years in Prison for Fraudulently Obtaining Tens of Millions of Dollars in COVID Relief

Prairie Village Man Sentenced to 12 Years for $7.3 Million Dollar Payday Loan Fraud, $8 Million Tax Evasion

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

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

In Part 1, Larry Ahern summarized the changes in Bankruptcy Rules that took effect December 1, 2021. In Parts 2 and 3, he selected some judicial activity related to bankruptcy procedure during the past year. Part 4 is selected cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

IN THE NEWS (Not password protected)

From Tennessee: ‘No Surprises Act’ Puts a Stop on Unexpected Medical Bills

$29,000 for an Average Used Car? Would-Be Buyers Are Aghast

A New App Makes It Easier for People with Medical Debt to Declare Bankruptcy (Oy vey! But Shout Out to ConsiderChapter13.org subscriber Cindy Podis!)

MORTGAGES AND DEEDS OF TRUST (Not password protected)

FHFA Applying Targeted Increases to Fannie/Freddie Pricing Framework

CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations

About 50% of Seriously Delinquent Homeowners Lack Loss Mitigation Plan (From NationalMortgageNews.com – if not a subscriber you will have to create a guest account to read the entire article.)

Freddie Mac Single-Family CRT Program Will See Increased Volume in 2022

Black Knight MSP Vendor List

loanDepot Begins Offering Ginnie Mae Loan Servicing

BY THE NUMBERS (Not password protected)

Bankruptcy Filing Rate Is Lowest Since Bankruptcy Code’s Enactment–The Question Is Why

MILITARY MATTERS (Not password protected)

Here’s Who Gets the Biggest Military Housing Allowance Bumps in 2022

Why Are So Few Troops Applying for the Extra Housing Money Approved to Ease Financial Woes?

VA Considers Eliminating Copayments for Veterans at Risk of Suicideg

DEBT AND THE ECONOMY (Not password protected)

At Least 20 States to Increase Minimum Wage Starting Saturday

2021 Was a Turning Point for Retailers, With Store Openings Outpacing Store Closures

OF INTEREST (Not password protected)

Does Bankruptcy Rule 3002.1’s Remedy Provision Apply for Filings with Inaccurate Information?

U.S. Supreme Court: Flip-Flopping on Constitution’s Bankruptcy Clause

Owner of Olympus Pools Asks Bankruptcy Judge to Toss Millions in Claims from State, Customers – Attorneys disagree over whether these business claims are relevant in personal bankruptcy case

2021 Report: Where Are Americans Moving, And Why?

Constitutionality of U.S. Trustee v. Administrator Programs (Siegel v. Fitzgerald)

Former NFL Player Auctioning Off Super Bowl Ring after Bankruptcy

Plumbing of the World’s Financial System Has Been Replaced — And Almost Nobody Noticed (The LIBOR rate is gone.)

Proof of Claim Bar Date Has Passed and Your Proof of Claim Is Untimely – Not So Fast, My Friend! (Chpt 11)

One-Time Most Expensive House for Sale in America Will Be Auctioned Amid Bankruptcy Proceedings

Katy Perry’s Litigation Foe Loses Bid to Retain Mansion

Sean ‘Diddy’ Combs Approved to Buy Fashion Line Out of Bankruptcy

FOR YOUR HEALTH (Not password protected)

Strategies to Overcome Gymtimidation

January 3, 2022

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

(Not password protected)

Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands

By Guy A. Van Baalen, Assistant U.S. Trustee, Office of the U.S. Trustee Middle and Southern Districts of Florida

(Used with permission from the Courthouse Beacon News, Southern District of Florida)

Biden Signs Order for 2022 Federal Pay Raise

(Not password protected)

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!

December 27, 2021

Archives

Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth

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

Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge.

Student Loans Chronicles

(Not password protected)

Biden Extends Pause on Student Loan Repayment Through May 1

Judicial Year in Review 2021

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

From the IRS

(Not password protected)

IRS Issues Standard Mileage Rates for 2022

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

(Not password protected)

Two vacancies for the Southern District of New York

From the CFPB

(Not password protected)

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.)

‘Buy Now, Pay Later’ Companies Affirm, Afterpay, Klarna, PayPal and Zip Get Caught Up in CFPB probe

Justice Department and CFPB Put Landlords and Mortgage Servicers on Notice About Servicemembers’ and Veterans’ Rights

From NCBRC

(Not password protected)

Debtor Entitled to Attorney Fees from Defense of Motion for Relief from Stay

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

7 Tips to Pay Off Multiple Student Loans

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

(Not password protected)

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!

(Not password protected)

Fraudulent Transfer Leads to Five Year Suspension from Local Bankruptcy Practice for Attorney in Younge

IN CASE YOU MISSED IT. . .

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

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

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Most American Homeowners Are ‘House Poor’ — And 40% of them have taken second jobs to afford a mortgage, survey says

This is the No. 1 Reason Americans Get Denied a Mortgage — and it’s not the reason you might think

Millennials Applying to Buy Homes More Often than Boomers and Gen X in Red-Hot Housing Market

Feds Tell Landlords, Lenders: Heed Pro-Military Housing Rules

DEBT AND THE ECONOMY (Not password protected)

It’s Unlikely the Monthly Child Tax Credit Will Be Extended Next Year, Which May ‘Substantially’ Increase Child Poverty

Americans’ Pandemic-Era ‘Excess Savings’ Are Dwindling for Many

Americans Feel Better About the Economy, For Now

The Holidays Are Here, and 29% of Ohioans Couldn’t Cover a $250 Emergency Expense

Desperate for State Workers, Governors Offer Raises to Keep Them

Rents in US Are Rising Even Faster than Home Prices

Demand for US Workers Reaches Historic High

Why the Fed Feels Now Is Time to Tighten Credit More Quickly

SUB V (Not password protected)

“Single Asset Real Estate” & Subchapter V Eligibility (In re Moore; In re McGrath; In re ENKOGS1)

OF INTEREST (Not password protected)

From Above the Law: Things to Do Before You Quit Your Job in the New Year – It’s recommended that you consider your long-range and short-term career goals.

FOR YOUR HEALTH (Not password protected)

29 Healthy Snacks That Can Help You Lose Weight

December 20, 2021

Archives

Judicial Year in Review 2021 – Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

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

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

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

Meet a New Trustee

(Not password protected)

One of our very newest trustees is very familiar to many of us. After serving ten years as Chief of Staff (a/k/a Staff Attorney) to Martha Bronitsky, on August 1, 2021, Nima Ghazvini was appointed Chapter 13 Standing Trustee for the Districts of Hawaii, Guam, and Northern Mariana Islands.

Judge to Retire

(Not password protected)

Distinguished Bankruptcy Judge to Retire from Southern District Bench

Available Judgeships

(Not password protected)

Two vacancies for the Southern District of New York

From the CFPB

(Not password protected)

CFPB Opens Inquiry into “Buy Now, Pay Later” Credit – Buy Now, Pay Later Expected to Set New Records for Lending this Holiday Season

Seven Examples of Unfair Practices and Other Violations by Mortgage Servicers: CFPB Supervision Activities Uncover Red Flags

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

From NCBRC

(Not password protected)

Debtor Lacked Standing to Appeal Order Approving Agreement between Trustee and Creditor

Student Loans Chronicles

(Not password protected)

Biden Won’t Extend Student Loan Relief and Confirms Student Loan Payments Restart February 1

Biden Customer Service Order Aims to Streamline Public Service Loan Forgiveness

Student Loan Payments Are Set to Restart Feb. 1. What about forgiveness?

What Fed’s Likely Rate Hikes Could Mean for Student Loan Borrowers

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

Families Will Soon Receive December Advance Child Tax Credit Payment; those not receiving payments may claim any missed payments on the upcoming 2021 tax return

From the Courts

(Not password protected)

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!

(Not password protected)

New Jersey Attorney Disbarred Following Conviction in $873K Mortgage Fraud Scheme – (And a diligent 13 Trustee started it all!)

Former Financial Advisor Sentenced to 14 Years in Federal Prison for $12 Million Fraud that Caused Clients to Lose Retirement Savings

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

By Ashley Baxter Curry, Staff Attorney for Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern, Fayetteville, Greenville & Wilmington Divisions)

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Q3 2021 Foreclosure Auction Trends

10 Housing Records Set This Year, Reports Redfin

OF INTEREST (Not password protected)

How to Make a Good Impression in Bankruptcy Court – How a debtor presents its cash flows and income to the judge influences whether it gets sufficient time for a chapter 11 reorganization.

FOR YOUR HEALTH (Not password protected)

Physical Symptoms of Anxiety: How Does It Feel?

December 13, 2021

Archives

Sanctions in South Carolina

By Ashley Baxter Curry, Staff Attorney for Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern, Fayetteville, Greenville & Wilmington Divisions)

Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

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

If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for all secured claims.

Appointment of New Trustee

(Not password protected)

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

(Not password protected)

Chapter 12 Bankruptcy Rates Have Increased in Most Agricultural States

Debt Collection

(Not password protected)

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

(Not password protected)

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

CFPB Issues Final Rule to Facilitate Transition from LIBOR

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

(Not password protected)

Standing Trustee Must Return Fee if Plan Not Confirmed

Pre-Petition Increase in Retirement Account Contributions

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

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

(Not password protected)

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!

(Not password protected)

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

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

In Part 1, summarized the changes in Bankruptcy Rules effective December 1, 2021. In Part 2, he selects some judicial activity related to bankruptcy procedure during the past year. This, Part 3 continues his review of cases.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Here’s Where Home Prices Are Headed in 2022, According to Experts

SUB V (Not password protected)

§ 1111(b) Election’s Two-Step For Confirmation (In re Topp’s Mechanical)

DEBT AND THE ECONOMY (Not password protected)

Americans’ Pandemic-Era ‘Excess Savings’ Are Dwindling for Many

Demand for US Workers Reaches Historic High

Annual Inflation Rises to 6.8%, Highest Rate Since 1982

What Wall Street Economists Expect for US Economy in 2022

BY THE NUMBERS (Not password protected)

November Commercial Chapter 11 Filings Drop 70 Percent from Previous Year, Total Filings Decrease 15 Percent

OF INTEREST (Not password protected)

You Have to Follow the Rules: The Importance of Adhering to Bankruptcy Rule 2002 When Serving Claims Bar Date Notices

Bankruptcy and Non-Dischargeability Causes of Action

Judicial Security Bill Advances: Judge Who Lost Son Urges Final Passage

FOR YOUR HEALTH (Not password protected)

Should You Eat Apples Before Bed? Exploring Apples and Sleep Quality

Car Crash Deaths Have Surged During COVID-19 Pandemic. Here’s Why

December 6, 2021

Archives

Critical Case Comment – Absolute Right to Dismiss But Not the End of the Story

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

Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal.

Judicial Year in Review 2021

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

Judicial Year in Review 2021- Part 3 Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

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

New Study

(Not password protected)

Professor Nancy Rapoport and Joseph R. Tiano, Jr., have co-authored “The Legal Industry’s Second Chance to Get It Right,” published in the Willamette Law Review. In the article they compare the situation during the 2008 Great Recession with the COVID-19 economic crisis and express their opinion “that, over the next twelve months, the 400 largest U.S. law firms (i.e., ‘BigLaw’) and the legal departments of BigLaw’s largest clients will dust themselves off after some initial retrenchment, quickly stabilize, and start showing positive trends.”

Debt Collection

(Not password protected)

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

(Not password protected)

Judge Jack B. Schmetterer (retired) of the Northern District of Illinois has passed away.

From the Archives

(Not password protected)

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

(Not password protected)

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!

Student Loans Chronicles

(Not password protected)

The student-loan company responsible for taking on 6 million borrowers’ accounts next year says it ‘couldn’t agree more’ with Sen. Elizabeth Warren’s repayment concerns: ‘It is imperative we get it right’

From NCBRC

(Not password protected)

Debtor Need Not Provide for Secured Claim in Plan

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

Do you know how to spot a rental assistance scam?

Small security measures that make a big difference when it comes to online safety

What taxpayers can do now to get ready to file taxes in 2022

From the Courts

(Not password protected)

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Former Richmond Attorney Sentenced for Obstructing Investigation of Bankruptcy Embezzlement

Considering the Conduct of Two PPP “Fraudsters,” Bankruptcy Court Shows Its Teeth but Declines to Bite (For Now)

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Home prices are overvalued in 70% of metropolitan areas: Fitch

FHFA Releases Latest Report on Non-Performing Loan Sales

IN THE NEWS (Not password protected)

Capital One to end overdraft penalties as CFPB takes aim at ‘exploitative junk fees’

U.S. consumer watchdog says it will scrutinize banks’ ‘blockbuster’ overdraft fees

DEBT AND THE ECONOMY (Not password protected)

November delivers another hit to sinking consumer confidence

Food, gas prices pinch families as inflation surges globally

Home prices jumped 19.5% in September

OF INTEREST (Not password protected)

CFPB Research Shows Banks’ Deep Dependence on Overdraft Fees – Overdraft and Non-Sufficient Fund Penalties Made up Two-Third of Reported Fee Revenue

Young Buck reaches settlement after he hid royalties in bankruptcy case

FOR YOUR HEALTH (Not password protected)

10 Foods that Increase ‘Good’ Cholesterol

November 29, 2021

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

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)

“. . . debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance?”

For Whom Does the Bell Toll?

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia

Attorney Scolforo brings us another great analysis of an opinion every consumer attorney needs to know about . . . A 70 year-old pro se Debtor . . . , inspired Judge Connelly . . . to issue a 31-page opinion discharging $109,983 in student loans.

Escrow 101 and 102

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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

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

In Part 1 of this year-in-review series, Larry Ahern summarized the changes in Bankruptcy Rules to take effect December 1, 202. Now, in Part 2, he selects some judicial activity related to bankruptcy procedure during the past year, organized in Bankruptcy Rule order.

A very popular item from last week . . .

Critical Case Comment – Pro Se Debtor Sanctioned

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

Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se.

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 IRS

(Not password protected)

Tax Professionals Can Now Order Up to 30 Transcripts from the IRS

Student Loans Chronicles

(Not password protected)

Second Circuit Affirms Some Private Student Loans Dischargeable in Bankruptcy

The Student-Loan Payment Pause Didn’t Help Most of the 7.7 Million Borrowers Who Were Behind on Federal Bills at Start of The Pandemic. 93% Still Are.

Student Loan Payments Restart in February, But Survey Finds 89% of Borrowers Aren’t Ready

5.6 Million Student-Loan Borrowers Could Be Subject to ‘Abusive Practices’ Next Year at the Hands of a New Company, Elizabeth Warren Warns

Student Loan Servicing: What’s Changing for 14 Million Borrowers, and When? Here’s the Latest

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

Veteran Substance Abuse – A War on Home Soil for Veterans

5 Strategies That Will Help You Avoid the Temptation of Debt

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Update: How Many Mortgages Are Still in Forbearance?

Nearly 30,000 borrowers awarded Public Service Loan Forgiveness so far under new rules

Sky High Home Prices May Push Fannie Mae and Freddie Mac to Back Loans of Nearly $1 Million

Foreclosure Auctions Expected to Rise in 2022, Consumer Survey Finds

Mortgage Delinquencies Continued to Drop in October, But Foreclosure Starts Inched Up

Mid-November Forbearance Exits Low and Slow

Black Knight’s First Look at October 2021 Mortgage Data

OF INTEREST (Not password protected)

Negotiation with Sherlock Holmes and His Assistant … Sigmund Freud?

Renters Are Still Protected from Eviction in These States and Cities

FOR YOUR HEALTH (Not password protected)

Your 5-Minute Read on Staying Sharp

November 22, 2021

Archives

Judicial Year in Review 2021 Part 2: Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

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

Critical Case Comment – Pro Se Debtor Sanctioned

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

TFS Bill Pay Announces New Attorney Report Center

(Not password protected)

TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Centerlocated in your AttorneyPortal.

New Judges Appointed

(Not password protected)

Judge Grace E. Robson and Judge Jacob A. Brown Sworn in as Middle District of Florida Bankruptcy Judges.

Eviction Protection in the News

Renters Are Still Protected from Eviction in These States and Cities

Judge to Retire

United States Bankruptcy Judge Christopher S. Sontchi, District of Delaware, has announced his retirement effective June 20, 2022.

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 IRS

(Not password protected)

Tax Professionals Can Now Order Up to 30 Transcripts from the IRS

IRS Provides Guidance on Per Diem Rates and the Temporary 100% Deduction for Food or Beverages from Restaurants

Student Loans Chronicles

(Not password protected)

Student Debt from Private Lenders Hits All-Time High

89% of Student Loan Borrowers Aren’t Ready to Pay Student Loans

From NCBRC

(Not password protected)

Ninth Circuit BAP Addresses Impact of Fulton

Tax Foreclosure Sale Avoidable

From the CFPB

(Not password protected)

CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

2 Reasons You Might Regret Buying a Condo When You’re Single

5 Strategies That Will Help You Avoid the Temptation of Debt

Teachers Can Deduct Out-Of-Pocket Classroom Expenses Including COVID-19 Protective Items

From the Courts

(Not password protected)

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!

(Not password protected)

Bankruptcy Judge Threatens to Arrest ‘Fraudster’ Ex-Queen Mary Operators in Alleged PPP Loan Scam

Cincinnati Woman Sentenced to Prison for Misusing SSN, Lying to Court About Military Service & Address Before Failing to Appear

Judge Poised to Jail N.Y. Real Estate Lawyer Over Bankruptcy Docs

5 Convicted of Stealing Veteran and Social Security Benefits

Feds Allege Pawnshops ‘Cheated’ and ‘Gouged’ Military Families

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Forbearances Fall by Over 100K, Now Less Than 2% of All Mortgages

Mortgage Rates Surge Higher as Inflation Pressures Grow

How the Mortgage Industry Can Help Marginalized Communities Achieve Homeownershipe

DEBT AND THE ECONOMY (Not password protected)

A Recession Is Coming: Will Policymakers Be Caught Flat-Footed?

Rising Costs Threaten Restaurants’ Recovery

Michigan’s Price Hikes Some of the Worst in the Country

I’m a pediatrician and had no paid parental leave. At 8 days postpartum, I was in the ICU and had a medical bill of over $400,000.

OF INTEREST (Not password protected)

Four Reasons Why Landlords Should Take Advantage of Federal Rental Assistance

Catalytic Converter Thieves Targeting 2004-2009 Toyota Prius (When is a catalytic converter not just a catalytic converter?)

You Have to Say ‘I Do’ Before ‘I Quit,’ According to this Analysis of the Jobs Market

Tim Stark Declared Bankruptcy After the Events of Tiger King 2

Bankruptcy Judge OKs Lawsuit Against Erika Jayne Girardi

OF INTEREST TO THE GEEKIEST OF BANKRUPTCY GEEKS! (Not password protected)

Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding

Bankruptcy’s Equity Canon

FOR YOUR HEALTH (Not password protected)

‘Zero-Covid Is Not Going to Happen’: Experts Predict Steep Rise in US Cases This Winter

16 Highly Unnecessary Things Waste a Fortune On

November 15, 2021

Archives

Are Monthly Newsletters to Clients Beneficial? Heck Yeah!

By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN))

“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

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

Automatic stay does not require creditor pursuing prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay.

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

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

Ahern begins a year-end review of 2021 developments in bankruptcy procedure. In Part 1, he summarizes the changes in Bankruptcy Rules to take effect December 1, 2021, absent Congressional action.

New Judge Appointed

Denise E. Barnett is appointed as United States Bankruptcy Judge for the Western District of Tennessee.

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

(Not password protected)

Cert Denied – Vasquez, Jr., et ux., Petitionersv. Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Trust F – Case would have taken a current look at Dewsnup

From NCBRC

(Not password protected)

Refund of Mortgage Double Payment to Trustee

Post-Discharge Litigation Violates Discharge Injunction (Chpt 7 case)

New From the Northern District of Illinois

(Not password protected)

Electronic Self-Representation (eSR) – Beginning Monday, November 8, 2021, people who live in the Northern District of Illinois and do not have an attorney will have the option of submitting their bankruptcy petitions through our electronic self-representation (eSR) system. eSR is an online tool to help people prepare a Chapter 7 or Chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney.

From the CFPB

(Not password protected)

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.)

Debt Collection Rule FAQs

Position Opening

(Not password protected)

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

(Not password protected)

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

By Sean G. O’Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA)

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)

City Foreclosures Up Because of COVID-19 (And it starts . . . at least in one city in Kentucky.)

Mortgage Fraud on the Rise, Purchase Applications Vulnerable – Big jump in the incidence of mortgage fraud over the course of last year.

MBA Reports Decrease in Share of Mortgage Loans in Forbearance – Approx. 1 million loans

DEBT AND THE ECONOMY (Not password protected)

Banks Ease Credit Rules, Demand Grows as U.S. Economy Motors Ahead – Fed Survey

BY THE NUMBERS (Not password protected)

Bankruptcy Filings Continue to Fall Sharply (These are September to September numbers – Yes, we reported last week (see below) a slight increase in October.)

October 2021 New Bankruptcy Filings Increase 1.8% (Increase is GOOD!)

FOR YOUR HEALTH (Not password protected)

Ways to Care for Yourself During Hard Times in Your Life and Career

November 8, 2021

Archives

Justifying Reasonable Document Requests

By Sean G. O’Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA)

It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

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

This week Ahern begins a year-end review of 2021 developments in bankruptcy procedure. In Part 1, he summarizes the changes in Bankruptcy Rules to take effect December 1, 2021, absent Congressional action. Next, he will digest some selected judicial activity related to procedure during the past year.

New Chief Judge Named

(Not password protected)

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

(Not password protected)

Jerry Funk: 28 Years on the Bankruptcy Bench – From Winn-Dixie and Stein Mart to people who can’t pay off credit cards, he has seen it all.

SF Handbook

(Not password protected)

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

(Not password protected)

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

(Not password protected)

What This Legal Memo on Student Loan Forgiveness Means for Your Student Loans

Borrowers Say They Were Wrongly Denied Loan Forgiveness – Now, help is on the way

Education, Justice Depts. Reconsidering Stance on Fighting Student Loan Borrowers in Bankruptcy

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

(Not password protected)

CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)

CFPB Finds Credit Report Disputes Far More Common in Majority Black and Hispanic Neighborhoods

CFPB Confirms Effective Date for Debt Collection Final Rules – November 30, 2021

Debt Collection Rule FAQs

Position Opening

(Not password protected)

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

(Not password protected)

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!

(Not password protected)

Trustee Wants N.Y. Lawyer Jailed for Not Cooperating in Firm Bankruptcy (Chpt 7 Case)

‘RHOBH’ Star Erika Jayne Asking Court to Dismiss $25 Million Bankruptcy Lawsuit, Claims Tom Girardi’s Law Firm Handled All of Her LLC’s Finances

Erika Jayne’s Husband Tom Girardi’s Bankruptcy in Danger of Being Tossed Out of Court Due to Alleged Fraud

IN CASE YOU MISSED IT . . .

Rental Assistance

(Not password protected)

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)

GSE Forbearance Exits Reach Slowest Pace Since August

OF INTERESTS (Not password protected)

From Harvard.edu: Loan Forgiveness as Basis for Fraudulent Transfer Claims

IN THE NEWS (Not password protected)

Sixth Circuit Upholds Chapter 13 Debtor’s Right to Request and Receive Dismissal of Bankruptcy Case

Sixth Circuit Affirms Holding that Contributions to a 401(k) Plan Made More than Six Months Prior to Bankruptcy Cannot be Excluded from Disposable Income

Worth repeating . . .Consumers Turn to ‘Buy Now, Pay Later,’ Stoking Worry About Repayment Ability – Goldman Sachs, Mastercard Enter the Market (Contains several interesting nuggets – be sure to scroll past the ads to read the full article.)

DEBT AND THE ECONOMY (Not password protected)

October 2021 New Bankruptcy Filings Increase 1.8% (Increase is GOOD!)

Munson Healthcare Files Hundreds More Collections Lawsuits

When Your Rent Goes Up 40%. As Pandemic Fades, Many Tenants See Big Hikes

Great Resignation Sets Off ‘Vicious Cycle’: As More People Quit, Exhausted Colleagues Also Head for the Exit

Young People Are Leaving Their Jobs in Record Numbers—And Not Going Back

FOR YOUR HEALTH (Not password protected)

Purified Water vs. Spring Water: Which Is Better?

November 1, 2021

Archives

Critical Case Comment – And There is Also Blanco

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

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.”

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

Webinar Recording Now Available

Gravel: So, What’s the Big Deal?

Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.

Rental Assistance

(Not password protected)

See also:

Roughly 75% of Eviction Aid Has Not Reached Renters: Treasury

No Shelter: Eviction Protections Are Latest Safety Net to Erode, As COVID-19 Rages On

Emergency Rental Assistance

HUD Rental Assistance

Navigating Secured Creditors Who File Unsecured Chapter 13 Claims

By Eric K. Fox, Esq. (Hendersonville, TN)

What happens to a lien when a secured judgment creditor with secured treatment in the plan files an “unsecured” claim? Will the Chapter 13 Trustee object?

New Chief Judge

(Not password protected)

District Court Appoints New Chief Bankruptcy Judge for the Southern District of Ohio

SF Handbook

(Not password protected)

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

(Not password protected)

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

(Not password protected)

On August 12, 2021, due to health reasons, the Honorable Cynthia Carson Jackson retired as a bankruptcy judge of the United States Bankruptcy Court for the Middle District of Florida.

From NCBRC

(Not password protected)

Notification to State Tax Board of Federal Tax Reevaluation is Return “Equivalent”

From the CFPB

(Not password protected)

CFPB Confirms Effective Date for Debt Collection Final Rules

Debt Collection Rule FAQs

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.”

Position Opening

(Not password protected)

NCLC – Public Interest Consumer Attorney: Predatory Lending, Banking

Judgeship – Southern District of New York(Application deadline 12/3/21)

For Your Blog

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

Seniors Often Targeted in Realty Fraud

Small Business Advertising and Marketing Costs May Be Tax Deductible

From the Courts

(Not password protected)

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.

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

CFPB, DOJ And OCC Hit Trustmark National Bank For ‘Deliberate’ Redlining

Federal Fraud Suspect Suffers Apparent Drug Overdose in Little Rock Courtroom Tuesday

Six Individuals in Hawaii Charged with Conspiring to Defraud the IRS and Other Fraud Offenses

IN CASE YOU MISSED IT . . .

Employment Law Alphabet Soup

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

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)

Servicers Bracing for New Scrutiny, Complexities as Forbearance Ends

CoreLogic Uncovers the Five Most Haunted Cities to Move to in the U.S. (Included because this category never gets anything fun!!)

Share of Mortgage Loans in Forbearance Drops

OF INTERESTS (Not password protected)

Michigan High School Students Would Be Required to Pass Personal Finance Class Under New Bill (Much better idea than Credit Card Barbie!)

Colleges See Largest Two-Year Enrollment Decline in 50 Years Amid Pandemic

IN THE NEWS (Not password protected)

Consumers Turn to ‘Buy Now, Pay Later,’ Stoking Worry About Repayment Ability – Goldman Sachs, Mastercard Enter the Market (Contains several interesting nuggets – be sure to scroll past the ads to read the full article.)

FAIR DEBT COLLECTION PRACTICES ACT (Not password protected)

11th Circuit Vacates Hunstein, Issues New Opinion

DEBT AND THE ECONOMY (Not password protected)

Meet Skimpflation: A Reason Inflation Is Worse Than the Government Says It Is

Senate Appropriators Endorse Biden’s 2.7% Pay Raise for Feds in 2022

FOR YOUR HEALTH (Not password protected)

Simple Steps You Can Take to Kick Your Junk Food Cravings and Eat Healthier Long Term, According to an Expert

October 25, 2021

Archives

Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

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

Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults.

Employment Law Alphabet Soup

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

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:

Beyond Professional Ethics

I Feel a Change Coming On (Song by Bob Dylan, 1964)

Why Address Formatting Is So Important for Jurisdiction

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA)

My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope?

From NCBRC

(Not password protected)

Asset Must Be on Schedules to Satisfy 554(c) Abandonment Requirement

From the CFPB

(Not password protected)

CFPB Confirms Effective Date for Debt Collection Final Rules

Debt Collection Rule FAQs

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

(Not password protected)

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

(Not password protected)

Nearly 10 Million Borrowers Are About to See a Change in Student Loan Service — here’s what that means, the good and bad

Boomers Face Higher Student-Loan Bills When U.S. Moratorium Ends

One of the Biggest Student Loan Companies in the US Gets Approval to Shut Down Its Services

Student Loans Are a ‘Lifetime Sentence’ that 66% of Black Borrowers Regret Taking On

Updates to Public Service Loan Forgiveness

Biden Quietly Deciding How to Restart Student Loan Payments

For Your Blog

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

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.

The Tax Responsibilities that Come with Shutting Down a Business

Emergency Rental Assistance

Non-Traditional Families May Qualify for Advance Child Tax Credit Payments

Here’s How a Taxpayers Custody Situation May Affect Their Advance Child Tax Credit Payments

From the Courts

(Not password protected)

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

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Foreclosure Starts Surged in September

Foreclosure Filings Reflect End of Moratorium

Forbearance Update: Declining Volumes as Agreements Expire

Freddie Mac Sells $1.2 Billion in NPLs at Auction

Foreclosure Prevention, Refinance, and FPM Report – July 2021 (Page 4 may be of interest: Completed Foreclosure Prevention Action; Page 5 is a graph of forbearance plans)

HUD Approved Housing Counseling Agencies (Interactive map to find HUD counselors)

OF INTERESTS (Not password protected)

Is it an Executory Contract? Don’t Be So Sure(ty)!

Pandemic-Induced Improvements in Judicial Processes Are Here to Stay: A Report

EDNY Mourns the passing of EDNY Magistrate Judge A. Kathleen Tomlinson

Why You Shouldn’t Keep and Use the Same Credit Cards Indefinitely (Interesting for you but also a possible topic For Your Blog.)

MILITARY MATTERS (Not password protected)

VA Resumes Collection of Debts from Benefits Overpayments, Medical Co-Pays

Army Joins Navy, Marine Corps in Giving All Tenant Protections, Including Dispute Process, Withholding Rent

DEBT AND THE ECONOMY (Not password protected)

Over 300,000 Women Left Workforce in September, Despite US Adding 194K Jobs: Analysis

FOR YOUR HEALTH (Not password protected)

9 Ways to Boost Your Body’s Natural Defenses (And three of them start with “Eat More . . .”!!)

October 18, 2021

Archives

Critical Case Comment – Discharged Junior in 7 Survives in 13

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

While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case.

Practice Tips from Hon. Meredith Jury (Ret.)

(Published with the consent of the Central District Consumer Bankruptcy Attorneys Assn Newsletter, October 2021)

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA)

“Advice: look at the returns before they are sent to the trustee and get out in front of it.”

Escrow 102 – Part 4 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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.

Appointment of Chapter 13 Standing Trustee

(Not password protected)

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

(Not password protected)

When a Return Is Not a “Return”

Absence of Evidence Defeats SJ for Both Debtor and Student Loan Creditor

Attorney Cannot Enforce Lien Based on Improper Fees (Chpt 7 case)

From the IRS

(Not password protected)

Non-Traditional Families May Qualify for Advance Child Tax Credit Payments

Here’s How a Taxpayers Custody Situation May Affect Their Advance Child Tax Credit Payments

From the United States Courts

(Not password protected)

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

(Not password protected)

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

Student Loans Chronicles

(Not password protected)

Student Loans: Education Department Launches Office of Enforcement to ‘Vigorously’ Increase Oversight

Bankruptcy Court Approves MN School of Business Settlement Read More: Bankruptcy Court Approves MN School of Business Settlement

For Your Blog

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

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.

Emergency Rental Assistance

5 Tips to Prepare Financially to Leave Military Service

Federal Officials Warning of Increase in Home Heating Costs this Winter

Army Joins Navy, Marine Corps in Giving All Tenant Protections, Including Dispute Process, Withholding Rent

Military Exchanges, Battling Supply Chain Issues, Urge Customers Not to Wait on Holiday Shopping

From the Courts

(Not password protected)

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!

(Not password protected)

Man Must Pay After Sharing Ex’s Nude Photos with Friends

Chicago Man Charged with Embezzlement of a Bankruptcy Estate and Wire Fraud

Woman Found Guilty in Massive Real Estate Fraud Case

North Dakota Oil Executive Pleads Guilty in Fraud Scheme – Faces Up to 40 Years in Prison

IN CASE YOU MISSED IT . . .

For Whom Does the Bell Toll?

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Mortgage Delinquency Rate Fell to Nearly Pre-Pandemic Levels in July (W’at?? Is there reason for a happy dance?)

Foreclosure Prevention, Refinance, and FPM Report – July 2021 (Page 4 may be of interest: Completed Foreclosure Prevention Action; Page 5 is a graph of forbearance plans)

HUD Approved Housing Counseling Agencies (Interactive map to find HUD counselors)

Mortgage Rates Drop Below 3%, But the Reprieve May Not Last Long

OF INTERESTS (Not password protected)

Is a Grain Bin a Farm Fixture or Personal Property? Minnesota Case Examines the Question (Not a bankruptcy case but an interesting saga.)

Fight Over Documents Complicates Kossoff Law Firm Bankruptcy

Thousands of Michigan Drivers Can Get Licenses Back Starting October 1 Due to Law Changes

IN THE NEWS (Not password protected)

Alabama & North Carolina: Squatter’s Rights On A Non-Uniform Bankruptcy System? (Siegel v. Fitzgerald)

Nearly 44% of Kentucky Adults Were Not Working in June 2021, Report Finds (This number was simply too astonishing to not report.)

MILITARY MATTERS (Not password protected)

Military Retirees, Disabled Veterans to See Largest Pay Raise in Decades for 2022

VA Will Hire 2,000 New Staffers as It Seeks to Cut Back on Increasing Backlog of Claims

DEBT AND THE ECONOMY (Not password protected)

As Americans Spend, Credit Card Debt Is Ticking Back Up

Used Car Prices Are Increasing Again

Social Security Checks Getting Big Boost as Inflation Rises

SUB CHAPTER V (Not password protected)

Facilitation Skills for Subchapter V Trustees

SBRA Technical Amendment = Technical Foul?

FOR YOUR HEALTH (Not password protected)

What Are the Benefits of Drinking Hot Water?

October 11, 2021

Archives

The Second Monday in October
More Than a Mattress Sale

13 States Now Designate the Second Monday in October
as Indigenous Peoples’ Day or Native American Day

For Whom Does the Bell Toll?

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia

Escrow 102 – Part 3 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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.

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

Eviction Ban

(Not password protected)

California’s Eviction Moratorium Ends, Leaving Tenants Facing ‘Tsunami of Evictions’

Two Free Webinars

(Not password protected)

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.

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

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.

From NCBRC

(Not password protected)

Absence of Evidence Defeats SJ for Both Debtor and Student Loan Creditor

From the CFPB

(Not password protected)

Senate Confirms Rohit Chopra to Lead Consumer Financial Protection Bureau

From the IRS

(Not password protected)

Farmers and Ranchers Affected by Drought Have Additional Time to Replace Livestock

Position Opening

(Not password protected)

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

(Not password protected)

Student Loan Forgiveness: Half a Million People to Benefit from Overhaul, Some Immediately

Biden’s Education Department Just Wiped Out $1.74 Billion of Student Debt for 22,000 Borrowers Through Major Overhaul of a Loan-Forgiveness Program

ED Announces PSLF Overhaul, Aims to Boost 2% Approval Rate

Senate Confirms New CFPB Director Who Believes Government ‘Must Do More to Cancel Student Debt’

Popular from last week – Senate Considers Bankruptcy Code Changes to Tackle Student Debt Crisis – and to Make Some Colleges Pay for It

For Your Blog

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

Emergency Rental Assistance Programs (Program for renters AND landlords)

Here’s How to Get Your Holiday Goodies to Troops Overseas in Time, But it Will Cost More

From the Courts

(Not password protected)

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!

(Not password protected)

New Fraud Allegations Against Zayat Over $400K Mortgage

Woman Found Guilty of Real Estate Scam that Caused People to Lose Their Homes

IN CASE YOU MISSED IT . . .

Is Your Law Practice Evolving to Incorporate New Technology

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA)

Fleischman has worked remotely for over a decade so in March of 2020, when most of the rest of us were scrambling to figure out this ‘remote’ working thing, Fleischman’s procedures didn’t change. In this article, he shares tips for making ‘remote’ work, well, work.

OF INTERESTS (Not password protected)

Equitable Mootness Doctrine: Opposed at U.S. Supreme Court by 21 Law Professors (Hargreaves v. Nuverra)

Do Commuters Who Worked from Home During COVID Deserve a Tax Refund? Ohio Municipal Income Tax Case Appealed

IN THE NEWS (Not password protected)

Small States Cry Foul on Federal Rental Relief Redistribution

MILITARY MATTERS (Not password protected)

VA Resumes Collection of Debts from Benefits Overpayments, Medical Co-Pays

Former VA Secretaries Urge Congress to Designate Day for Helping Veterans at Risk for Suicide

Army Veteran Awarded $8.2 Million in Fourth Trial Over 3M Earplugs

DEBT AND THE ECONOMY (Not password protected)

Legislative Committee Hears Bleak Economic Forecast for Ag Sectors; Shortages Exist for Consumers

FOR YOUR HEALTH (Not password protected)

How to Sleep on Your Back and Other Sleep Tips

October 4, 2021

Archives

Critical Case Comment – Present Value and Attorney’s Fees

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

Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of payments thus requiring a Chapter 13 plan to pay interest.

Is Your Law Practice Evolving to Incorporate New Technology

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA)

Meet a New Trustee

(Not password protected)

Many of you may recognize the name Jack N. Zaharopoulos – he has been in the consumer bankruptcy world almost his entire career. He was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1st.

Escrow 102 – Part 2 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

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

(Not password protected)

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

(Not password protected)

Property Appreciation Belongs to Ch 13 Debtor

Pawned Vehicle Is Part of Bankruptcy Estate

Judge to Retire

(Not password protected)

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

(Not password protected)

Derosa 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

(Not password protected)

Weren’t able to attend the NACTT annual conference in Washington, DC? You can still get all the educational benefit for only $150!!

ORDER NOW!

Judiciary Supplements Judgeship Request, Prioritizes Courthouse Projects

(Not password protected)

“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

(Not password protected)

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

(Not password protected)

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

Student Loans Chronicles

(Not password protected)

Why Navient Quit Your Student Loans

How One Woman Settled $350,000 in Federal Student Loans

Senate Considers Bankruptcy Code Changes to Tackle Student Debt Crisis – and to Make Some Colleges Pay for It

For Your Blog

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

Taxpayers Who Aren’t Eligible for the Child Tax Credit Should Look into the Credit for Other Dependents

Active-Duty Military Families Can Apply for Increase in Basic Allowance for Housing

Cost of Home Testing for COVID-19 Is Eligible Medical Expense; Reimbursable Under FSAs, HSAs

From the Courts

(Not password protected)

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Man Defrauds $9 Million, Files for Bankruptcy Protection, Faces Charges by SEC

Victims in Mortgage Fraud Case Still Waiting for Restitution 5 Years Later

SEC Settles with Rogue Trader Who Bankrupted His Firm

IN CASE YOU MISSED IT . . .

Passing of Affable, Humanitarian Trustee

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)

The bankruptcy community has lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues.

OF INTERESTS (Not password protected)

7th Cir. Holds FDCPA ‘Debt Validation Notice’ and ‘Caller Identification’ Issues Not Enough for Standing

Warren, Cornyn Introduce Bill to Block Judge-Shopping in Bankruptcy

A Creditor’s Perspective: The Bankruptcy Trustee – Friend or Foe? (Refers to Chpt 7 Trustees)

131 Federal Judges Failed to Recuse Themselves from Cases in Which They Had Financial Interest: Report

MORTGAGES IN THE NEWS (Not password protected)

FHFA Extends COVID-19 Multifamily Forbearance Options

A Supply Shock Is About to Hit the Housing Market—Question Is How Big?

Share of Mortgage Loans in Forbearance Drops to 2.96%

MILITARY MATTERS (Not password protected)

Pharmacy Costs Increasing Jan. 1 for Active-Duty Families, Retirees and Others

DEBT AND THE ECONOMY (Not password protected)