May 20, 2019

A Confirmed Plan with a Marijuana Wrinkle

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina

Although this article is about a Chapter 11 case, it has Chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters.

How Guarantors Can Escape Tax on Soured Debt on Soured Debt

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA)

purdy-bill Tax lawyer Bill Purdy and Cathy Moran shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of debt income? Here’s the marvelous result that Bill’s caper through the IRS regs returned.

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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

As most of you know, the ABI Board of Directors charged the Consumer Commission with recommending improvements to the consumer bankruptcy system which could be “implemented within its existing structure.”

In this installment, Trustee Hildebrand looks at suggested changes in dealing with HOA fees.

“While HOA fees and assessments serve a valid purpose, when a debtor seeks to obtain a fresh start, often HOA fees can become a substantial obstacle to that goal.”

At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also previous articles:

Report of the ABI’s Commission on Consumer Bankruptcy
Report – Introduction
Student Loans – Suggested Statutory Changes
Student Loans – Suggested Regulatory and Judicial Changes
Remedies for Discharge Violation

Ditech in the News

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Mortgage Borrowers Win Protection in Ditech Bankruptcy, Ditech Fights Back – New York court must rule on Ditech’s objection

From the UST

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Multiple Chapter 7 Trustees Wanted

From the IRS

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Tax Tips for Taxpayers to Consider When Selling Their Home

The IRS has some good news for taxpayers who are selling their home. When filing their taxes, they may qualify to exclude all or part of any gain from the sale from their income. Here are some things that homeowners should think about when selling a home:

From the CFPB

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CFPB Gearing Up to Further Relax HMDA and Possibly Other Rules

CFPB Files Suit Against Forster & Garbus, LLP – On 5/17/19 the CFPB filed a lawsuit in the federal district court in the Eastern District of New York against Forster & Garbus, LLP, a New York debt-collection law firm. The complaint alleges Forster & Garbus violated the Fair Debt Collection Practices Act by representing to consumers that attorneys were meaningfully involved in its lawsuits when, in fact, attorneys were not meaningfully involved in preparing or filing them. It further alleges that Forster & Garbus violated the Consumer Financial Protection Act’s prohibition against deceptive acts and practices by making such representations to consumers through its lawsuits. The complaint seeks an injunction against Forster & Garbus, as well as damages, redress to consumers, disgorgement of ill-gotten gains, and the imposition of a civil money penalty.

Farmers in the News

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Illinois Farmer to Trump on China Trade War: “Farmers are the ones that are taking it on the jaw”

JP Morgan Says US Farmers Are Facing a Crisis from Trade War, Downgrades Deere’s Stock

Facing Financial Pressure, KY Farmers Forced to Navigate Options

Student Loan Chronicles

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Top Finance Dem Offers Bill to Help Those Repaying Student Loans Save for Retirement

Soon More Borrowers Will Be Able to Use Vacation Days to Pay Off Student-Loan Debt

Elizabeth Warren: Let Student Loans Be Discharged In Bankruptcy

CFPB Chief Says Education Department Is Blocking Student Loan Oversight

Who’s at Fault for Student-Loan Defaults? – For-profit colleges enroll 10 percent of US students but account for 50 percent of student-loan defaults. And low-income students are hit the hardest.

U.S. Stepping Up Enforcement on Delinquent Student Loans – Treasury collections totaled $2.9 billion in fiscal 2018; Even more recovered in first six months of current fiscal year

IN CASE YOU MISSED IT . . .

Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

Probably the most thought provoking article The Academy has run on student loans in a long time. A must read . . .

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Housing Market Cools

Article: Mortgage Gains Slowing

Black Knight: Increased Refinances Decrease Mortgage Retention Rates

Report: The Millennial Home Buyer

OF INTEREST (Not password protected)

(Chpt 7 case) Annual Bonus Not Property of Estate When as of Filing Debtor Had Only a Bare Expectancy Interest

(Chpt 7 case) 11th Circuit Decision on Denial of Discharge for Concealment of Assets, False Oath, and Failure to Explain Loss of Assets

(Toys-R-Us, but an interesting saga) Overcoming a Missed Bar Date Requires More Than Sympathetic Facts

DEBT AND THE ECONOMY (Not password protected)

Millions of Poor People May Lose Benefits as Trump Moves to Redefine Poverty Level – New rules may redefine who is poor, in order to slash benefits: Critics call it “mathematical gaslighting”

Credit Card Rates Now at Their Highest Level in History and May Weigh on the Economy

What’s Behind the Rise in Credit Card Delinquencies

Millennials Are Helping to Sound the Credit Card Alarm – Young Americans have fallen seriously behind on their payments, adding to angst about the true health of U.S. consumers.

Fed Report: Total Household Debt Continues Consecutive Quarterly Increase – Federal Reserve Bank of New York findings also show a rise in the number of younger borrowers with credit cards in recent years.

FOR YOUR HEALTH (Not password protected) exercise

Exercise Seems to Help Alleviate Depression, But Not for Everybody

May 13, 2019

Archives

Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

Probably the most thought provoking article The Academy has run on student loans in a long time. A must read . . .

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye

“Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.”In this Part 2, Judge Fagone and Ciera Dye look at policy considerations.Click here for Part 1

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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

“ . . . the Consumer Commission has sought to balance the interests of the creditors in obtaining clearance before they engage in any particular conduct, with the interests of debtors seeking to enforce the discharge injunction.”At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also previous articles:

A Day in the Life of a Chapter 13 Trustee

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH)

“I was recently asked to expound on a ‘Day in the Life of a Chapter 13 Trustee.’ . . . so here goes.”As part of Trustee Burks’ article, she shares a treasure you may not have seen before . . . ‘Effective Communication Guide.’ It’s a very useful document. Please share it with your Judges especially those who believe they cannot speak to you. They CAN on procedural issues.

From the UST

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Chapter 7 Trustees WantedNew Posting:
Location: Eastern District of Virginia, primarily Norfolk/Newport News Divisions
Application Due Date: May 31, 2019

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Indiana U.S. Bankruptcy Trustee Appointed as Interim Trustee in Region Including Georgia

From the IRS

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Taking Care of Business: Recordkeeping for Small Businesses

Small business owners should keep good records. Whether they install software or make soft-serve. Whether they cut hair or cut lawns. Keeping good records is an important part of running a successful business.

From the CFPB

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CFPB Proposes New HMDA Rules – New rules would increase reporting threshold for mortgages

Farmers in the News

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U.S. Farmer Income Drops Most Since 2016 as Trade War Losses Mount

Trade War and Sagging Prices Push U.S. Family Farmers to Leave the Field

Chapter 12 Bankruptcies Don’t Fully Reveal the Pain in Farm Country

Cash Collateral Motion Denied and Stay Lifted in Chapter 12 Case Where Debtor Switched Type of Collateral

Student Loan Chronicles

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Good News for Most Student-Loan Borrowers: Interest Rates Are Going Down – The 2019-2020 academic year marks the first time in three years the rates on federal loans are set to decrease

The Far-Reaching Burden of America’s Student Debt

How the Student Loan ‘Grace Period’ Can Actually Make Your Debt Problem Worse

Parents Owe $89 Billion in Student Loans – Here’s What to Do About It

Are College Tuition Payments Subject to Claw Back by Bankruptcy Trustees? — It Depends.

99% of Borrowers Rejected Again for Student Loan Forgiveness

Consumer Reports: Student loan forgiveness programs

Teachers Begin to See Unfair Student Loans Disappear

A Widely Cited Statistic that Supposedly Proved Student Debt Was a Rich Person Problem Was the Result of a Coding Error

Sanctions and Irony and Fraud, Oh My!

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Mandamus Petition Seeks to Enforce Judge’s Recusal in Malpractice Lawsuit

How a Ponzi Scheme Snagged $14M from Michigan Investors

Bernard Madoff’s Wife Ruth Settles with Court-Appointed Trustee

Attorney Could Be Held in Contempt of Court

For Your Blog

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

Debt Collectors to Call More Often, Send Unlimited Texts, Emails Under New Rules

Older Americans Are Relying Too Much on Social Security as a Main Source of Income

IN CASE YOU MISSED IT . . .

Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?

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

The Ninth Circuit’s In re Taggart decision, previously analyzed by Larry Ahern, was argued before the Supreme Court on April 24. This week, Larry looks to the Sixth Circuit’s recent “good faith” decisions in In re Nicole Gas Production, Ltd. and In re Wohleber and considers whether the outcome of Taggart may also inform the standard for contempt arising from a stay violation.

Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Here’s Proof from the Housing Market that the Economy Is Slowing Faster than Expected – Construction and Remodeling Activity Rapidly Cools After 5-Year Hot Streak

IN THE NEWS (Not password protected)

Supreme Court Decides that Law Firms Engaged in Non-Judicial Foreclosure Proceedings are Not Debt Collectors Under the FDCPA

OF INTEREST (Not password protected)

Best Practices for Writing Your Corporate Credit Card Policy Manual

As College Debt Rises, So Does Interest in Teaching Financial Literacy

Beyond Larry Nassar: Athletes say Nassar was just one abuser of many. A bankruptcy case could be their chance at restitution.

Leonardo DiCaprio’s Ex Erin Heatherton Files for Bankruptcy, Says She Made Less Than $3,000 This Year – According to court documents, Heatherton filed for Chapter 7 earlier this year, listing $6,464.57 in assets and $560,242.13 in liabilities

Family Crisis: Joe Giudice’s Sick Mother Files for Bankruptcy Amid Deportation Drama – Filomena Giudice, 64, claims she’s $1 million in debt!

BY THE NUMBERS (Not password protected)

Total April Bankruptcy Filings Increase 2% over Last Year, Commercial Chapter 11s Increase 11%

Tampa Bay Bankruptcy Filings Continue to Rise – Filings in Florida’s middle district jumped 13% in March

Bankruptcies Rise in Toledo

DEBT AND THE ECONOMY (Not password protected)

U.S. Banks’ Bad-Debt Pile Creeps Higher with Credit-Card Losses

Credit Card Losses Top Home, Auto Loans at US Banks

Loan Losses Are Worse Than Expected at Two Subprime Auto Lenders

Why You Should Avoid Subprime Auto Loans

Opinion: Put an end to surprise medical billing

Medical Debt Forcing Tennesseans into Bankruptcy

Metro Detroit Ranks No. 1 for Average Monthly Health Insurance Bill Cost

JUST FOR FUN (Not password protected) airplane

I Traveled the World for a Year and Here Are the 21 Best Travel Tips I Can Give You

May 6, 2019

Archives

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye

“Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.”In this Part 1, Judge Fagone and Ciera Dye outline the statutory framework as well as the caselaw.

Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?

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

Click here for Oral argument transcripts — Taggart v. Lorenzen

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

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

In this, the newest, article regarding the ABI Commission, Hildebrand states:“ . . . , recognizing that effectuating statutory modifications entails an extremely long, grueling and difficult process, made suggestions for non-statutory modifications by regulation and by case law. . . . Commission recommended that the U.S. Department of Education promulgate very clear rules as to the position the Department would take when confronted with an assertion that the repayment of a student loan would work an undue hardship under 523(a)(8).”

At the Indianapolis NACTT meeting (July 16-19), a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the NACTT conference.

See also previous articles:

Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy

ABI Commission on Consumer Bankruptcy – Introduction

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

From the UST

(Not password protected)

Chapter 7 Trustees WantedApplication due date for all 3 is: May 17, 2019

Northern District of New York, primarily in the Utica/Binghamton/Syracuse Division
Western District of New York, primarily in the Rochester Division
District of Connecticut, in the Bridgeport/Hartford/New Haven Divisions

On the IRS

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Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

“There are special rules for rentals.”

From the CFPB

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CFPB Proposes Changes to HMDA Rules

The CFPB issued a Notice of Proposed Rulemaking, which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act . . . which would provide much needed relief to smaller community banks and credit unions.

Student Loan Chronicles

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Middle Class Homeowners Are the Biggest Winners from Student Loan Forgiveness

The Student Loan Tax

Sanctions and Irony and Fraud, Oh My!

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Former Owners of Large Southwest Michigan Farm Plead in Multi-Million Dollar Fraud

Santander Suspends Issuing New Credit Cards Due to Overcharges

Local Man Pleads Guilty in Mortgage Foreclosure Scam

Gary Frank, Ex Board Member of Philadelphia Orchestra, Pleads Guilty to Fraud, Money Laundering

Guinn Appeals Bankruptcy Judge’s Ruling

Hartford Attorney Sentenced to 8 Months’ Imprisonment for Filing False Tax Returns

For Your Blog

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

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

Who should do a Paycheck Checkup? Those who owed additional tax; had a refund that was larger or smaller than expected; and/or had life changes such as marriage, childbirth, adoption, buying a home or income change.

IN CASE YOU MISSED IT . . .A Hot Case. Hot Off the Press.

Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org

In the most recent opinion on the issue, the Court, in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete payments required “under the plan.”

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: GE Subprime Lender Files Bankruptcy

Article: Applications Fall as Rates Climb

Article: Big Banks Abandon Mortgages?

Report: Fannie Mae 2019 Forecast

Article: Housing Starts Continue to Disappoint

IN THE NEWS (Not password protected)

(An exceptionally well written ‘debtor’ story – Carl Bates, Richmond, VA, is the Trustee) I Never Thought I’d Have to Go Bankrupt at 26. Here’s How it Changed My Life.

OF INTEREST (Not password protected)

History of Bankruptcy: From the Torah, the Talmud and the Mishnah

FOR YOUR HEALTH (Not password protected) hottea

Drinking Very Hot Tea Almost Doubles Risk of Cancer, New Study Says

April 29, 2019

Archives

Making Sense of the Means Test

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

Attorney Spanos brings us an excellent reference tool which asks the question ‘are you doing it right?’

“Of significance, line 13b is not the contractual monthly payment pursuant to the contract with the creditor. It is balance owing at the time of filing (as determined by schedule A/B or the proof of claim) divided by 60. This formula differentiates cases where a debtor’s loan will mature sooner, rather than later, and will adjust accordingly the amount that can be deducted.”

A Hot Case. Hot Off the Press.

Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org

Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy

By William Houston Brown, Co-chair of the Commission and Adviser to The Academy

The Report of the Commission on Consumer Bankruptcy for improvements to the consumer bankruptcy system was made public on April 11, 2019. The full report is available free by download from the ABI’s website.

This article is the Foreward to the Report which explains the creation and charge of the Commission, as well as its procedures in deliberating and reaching consensus on forty-eight discrete recommendations. This Foreward is reprinted with permission of the American Bankruptcy Institute.

Periodically between now and NACTT’s annual meeting in Indianapolis, July 16-19, 2018, we will post articles discussing specific recommendations of the Commission, and at the Indianapolis meeting, a panel of Commissioners will explore recommendations that directly affect Chapter 13 practice. Click here to register for the conference.

See also previous articles:
ABI Commission on Consumer Bankruptcy – Introduction

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

NACTT Indianapolis Speaker Named ABI Prez

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Alane A. Becket Named ABI President-Elect

ABI Names Becket President, Houser President Elect

From the Supreme Court

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Court Hears Arguments on Limiting Contempt For Pursuing Invalid Debts

Click here for a summary of Taggart v. Lorenzen

Click here for Oral argument transcripts — Taggart v. Lorenzen

Graying of Debtors

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Older Workers Helped Fuel Recent U.S. Growth. Can it last?

McDonald’s is Partnering with AARP to Hire Older Employees – Would you like fries with your retirement?

Low Savings, High Medical Costs, Fraying Safety Net Keep Seniors Working

The fact that more and more older individuals are filing bankruptcy is one that will be addressed at the NACTT conference in Indianapolis. A team of experts has been assembled to address: Graying of Debtors – Effectively representing older clients and economic factors increasing seniors’ filings. Speakers are: Krispen Carroll, Prof. Bob Lawless, William T. Rule, Ph.D., and David Cox.

From the Courts

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Notice of Vacancy – Bankruptcy Judgeship – Youngstown, Ohio

Bankruptcy Judge Gross to Retire

Chapter 12 in the News

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Bipartisan Group of Lawmakers Aim to Ease Chapter 12 Bankruptcy Rules

And don’t forget the Chapter 12 conference July 15-16. Click here for more information.

Ditech Bankruptcy in the News

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Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Victims of Reverse Mortgage Scam Want Protection from Ditech Bankruptcy – Request the creation of a committee to protect consumer interests

From the CFPB

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CFPB Head, Charged with Protecting Consumers, Says People Need ‘To Help Themselves’

New U.S. Consumer Watchdog Chief to Continue Review of Complaints Database, Fair Lending

Consumer Bureau to Give Firms More Info about Investigations

A Kinder, Gentler CFPB? Bureau announces new enforcement rules – CFPB issues new policies on Civil Investigative Demands

Student Loan Chronicles

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Student Loan Borrowing Is Different

About the Student Loan Forgiveness Price Tag…

Sudden Death: Can the most damaging kind of for-profit closure be prevented?

For Your Blog

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

15 Things Not to Do in Retirement

A Bad Union—Closed Accounts and Your Credit Report

Building Credit Without Credit

IN CASE YOU MISSED IT . . .

A very popular item from last week . . .

Less Than 100% Dividend, Can a Chapter 13 Plan be Paid Off Early?

By Stacey A. O’Stafy, Staff Attorney, Office of the Chapter 13 Trustee Faye D. English (Columbus, OH)

Paid off early? Temporal interpretation or monetary/multiplier approach? Since BAPCPA many questions remain in this issue we see every week.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Urban Institute: It hasn’t been this easy to get a government-backed mortgage for 10 years Mortgage credit availability for government loans rises to highest level since 2009

Debtor Not a Borrower under Reverse Mortgage

No-Income, No-Asset Mortgages Are Back (at one lender, at least) – 360 Mortgage Group plans as much as $1 billion in “NINA” loans

9 Cities Where Home Prices Could Be About to Crash. Is Yours One of Them?

IN THE NEWS (Not password protected)

Why Americans are Suddenly Paying $550 Per Month for New Cars

Joint Tenants: The Case of The Disappearing Interest

No, Evictions Are Not the New “Subprime Crisis;” Bad Journalism and Laundry Might Be

OF INTEREST (Not password protected)

The Second Circuit Got It Right in Madden v. Midland Funding

The Affluent Homeless: A Sleeping Pod, a Hired Desk and a Handful of Clothes

Taboo-Busting Case Pits Fort Lauderdale Bankruptcy Judge vs Higher Federal Courts

Florida Court Re-Examines Foreclosure Attorney’s Fees Case

Study Blames Medical Claims for High Auto Insurance Rates in Michigan

Small Business Reorganization Act Reintroduced: A Way Forward for Small Business Reorganization?

Sold or Rejected? To Be or Not to Be ― Executory

The Lehman Judges Judge “The Lehman Trilogy” – A play about the bankruptcy that triggered the 2008 financial meltdown brings two jurists near tears.

Jennifer Lopez-Backed Fuse Files for Bankruptcy Amid Losses

‘American Chopper’ Star Paul Teutul Bankruptcy Case Turns into Nightmare as Trustee Requests to Dismiss Case

DEBT AND THE ECONOMY (Not password protected)

Social Security and Medicare Funds Face Insolvency, Report Finds

BY THE NUMBERS (Not password protected)

Bankruptcy Filings Continue to Decline

New Jersey Still Leads Nation in Foreclosures

HEALTHCARE IN THE NEWS (Not password protected)

U.S. Seniors Pay Billions, yet Many Cannot Afford Healthcare

Report: Seniors struggle to pay for medication

FOR YOUR HEALTH (Not password protected) sportsdrink

Harvard Researchers Say Soda, Sports Drinks Increase Risk of Dying from Heart Disease, Breast and Colon Cancer

April 22, 2019

Archives

Less Than 100% Dividend, Can a Chapter 13 Plan be Paid Off Early?

By Stacey A. O’Stafy, Staff Attorney, Office of the Chapter 13 Trustee Faye D. English (Columbus, OH)

Paid off early? Temporal interpretation or monetary/multiplier approach? Since BAPCPA many questions remain in this issue we see every week.

From the Supreme Court

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Argument Preview: Justices to consider sanctions for violating bankruptcy discharge

ABI Commission on Consumer Bankruptcy – Introduction

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

In this, the first in a series, Trustee Hildebrand explains the background and processes of the Consumer Commission. “A significant number of suggestions were included in the report and the Academy intends to review these recommendations, hoping to solicit feedback from Academy members.”

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

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

“The Commission did not believe it appropriate to make student loans freely dischargeable . . . The Commission did, however, recommend that we return to a time-based exception from discharge . . .”

Hot Off the Press – ABI Report

(Not password protected)

The Final Report of the ABI Commission on Consumer Bankruptcy has now been released. The Report is available for download at ABI.org. Click here, complete the short form (name and email address) and you will be sent a link to the 274-page report.

You may also click here for a summary

See also: Many People are Too Broke for Bankruptcy – New Report Suggests Some Fixes

Author and Titan of Bankruptcy Dies at 95

George M. Treister, author of ALIABA’s Fundamentals of Bankruptcy Law, a Yale graduate, influenced bankruptcy in so many way.

Click here to leave a sympathy message for the family

Farmers in the News

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Trends Show Chapter 12 Bankruptcies Not Rising at an Alarming Rate

Recorded Webinar Available – Ditech – What Consumer Bankruptcy Folks Need to Know

Tara Twomey and Thad Bartholow did an excellent job teaching attendees: how/where to file claims; the bar date; the entire list of entities involved; why your client may not have received notice and what to do about it; what the proposed plan does and doesn’t say; and more.

This resource is FREE to subscribers or is available for $25 per view for non-subscribers. Click here to subscribe!

From the CFPB

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Could Debt Collectors Send You Texts, Emails? – Consumer groups fear CFPB may allow it.

Student Loan Chronicles

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How a $1,250 Student Loan Becomes Thousands More

New Student Loan Forgiveness Bill Could Help Millions

For Your Blog

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

Here’s What People Should Know about Taking Early Withdrawals from Retirement Plans

IN CASE YOU MISSED IT . . .

Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)

Tax attorney Bill Purdy says: “Don’t take IRS form 1099 at face value.”

“Financial intuitions use dart boards, Ouija boards, soothsayers, the entrails of an owl, and basically any number they feel like using for the fair market value.”

More from this author: Crushing Tax Change for Injured Consumers

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: What Drives Mortgage Rates?

Article: Mortgage Rates Tick Up

Case CEO: US Desperately Needs Mortgage Reform

Article: Fannie Mae Auctioning $3.3 Billion Pool of RPLs

Article: Freddie Mac Auctioning $363 Million in Nonperforming Loans

Study: Same-Sex Borrowers More Likely to be Rejected for Mortgages

IN THE NEWS (Not password protected)

New Procedure & Forms – Middle District of TN – Motions to Extend the Stay Beyond 30 Days in Chapter 13. Click here for Administrative Order and Exhibits (Forms).

OF INTEREST (Not password protected)

Justices Scalia and Kennedy — Their Impact on Bankruptcy Court Authority

Practicing Attorneys (Not Sitting Judges) Serving as Mediators: An Innovation from the 1970s

Shadow Banking Now $52 Trillion Industry, Posing Big Risk to the Financial System

How a Bankruptcy Court Refuses to Approve a Mediated Settlement Agreement

(Chpt 11 case) Landlord Bankruptcy: A Tenant Is Not Out of Options If the Landlord Rejects Its Lease

DEBT AND THE ECONOMY (Not password protected)

Meet the Millions of Young Adults Who Are Out of Work

Most Feds Will Get Retroactive Raise This Pay Period

Consumers Around the World Spending Less on Almost Everything. Even Booze

Worried Recession Is Coming, U.S. Online Lenders Reduce Risk

Blame Debt, Not Amazon for Retail Failures – It’s easy to say more sales are going online, but that’s not the full story.

HEALTHCARE IN THE NEWS (Not password protected)

“Crushing” Medical Debt Leaves Tennesseans with Few Options

Expert: Tennessee leads nation in medical bankruptcies

FOR YOUR HEALTH (Not password protected) sleep

Debunking Sleep Myths that May Be Compromising Your Health – Sleep deprivation is a national health crisis.

April 15, 2019

Archives

Passive Retention: A Creditor’s Right or an Act to Exercise Control?

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members

As reported in March, we are pleased to publish the first of several articles written by law students who benefited from the grant money provided by the National Data Center.

“ . . . Whether it is a motor vehicle or other collateral, this type of dispute is the prompt to the Duberstein Moot Court Competition and leads to the questions of whether passive retention of property is a violation of the automatic stay.”

Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

By William J. Purdy, III, Simmons & Purdy (Soquel, CA)

Tax attorney Bill Purdy says: “Don’t take IRS form 1099 at face value.”

“Financial intuitions use dart boards, Ouija boards, soothsayers, the entrails of an owl, and basically any number they feel like using for the fair market value.”

More from this author: Crushing Tax Change for Injured Consumers

Hot Off the Press – ABI Report

(Not password protected)

You may also click here for a summary

Beginning next Monday, ConsiderChapter13.org will publish a series of explanatory articles related to topics of interest to you addressed in the report.

Webinar Now Available

Ditech – What Consumer Bankruptcy Folks Need to Know

On April 3rd, The Academy d/b/a ConsiderChapter13.org produced an excellent webinar regarding the bankruptcy of Ditech and its affiliates.

This resource is FREE to subscribers or is available for $25 per view for non-subscribers. Or click here to subscribe!

Discounted Registration Price ENDS Tomorrow – April 16th! Save $200 by registering right now!!

nactt Click here to see the fabulous program offered – The Honorable Kevin R. Anderson joins Lundin and Hildebrand for the annual case law update.

Register NOW for NACTT Indianapolis

Think Indy isn’t fun? Think they don’t have GREAT restaurants? THINK AGAIN . . .

Click here for Indy’s Top 25 Local Restaurants

Check out this list of Restaurants near JW the Marriott Indianapolis by OpenTable

Click here for a fun list of 47 Unconventional Things to do in Indianapolis

FREE – Click here for 20 FREE Things to do in Indy

July 19 – Oberun 5K

July 20 – Red Skelton Festival in Vincennes

On the IRS

(Not password protected)

Middle-Class Homeowners Hit by New Tax Law: “This is going to wipe us out”

Congress is About to Ban the Government from Offering Free Online Tax Filing. Thank Turbo Tax.

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Judge Orders Quicken, Justice Dept. to Try Mediation to Resolve “Bad Loans” Lawsuit

Benicia Man Gets 6 Months in Federal Prison in Bankruptcy Fraud Case

Michael Avenatti Indicted on 36 Counts by Federal Grand Jury

Ex-owners of SC Island Resort Charged with Fraud

DOJ Charges Property Firm Founder, Former Executives in Ponzi Scheme

Wells Fargo to Pay $13 Million to Settle Claims of Improperly Modifying Bankrupt Borrowers’ Mortgages

GE to Pay $1.5 Billion Fine for Subprimes

Student Loan Chronicles

(Not password protected)

Student Loan Debt Could Affect Your Job in 13 States – While some states have laws to punish those in student loan default, enforcement varies widely.

Nearly Half of Indebted Millennials Say College Wasn’t Worth It, and the Reason Why Is Obvious

‘Lousy System’: U.S. official who resigned explains how the student debt crisis got so bad

21 States to DeVos: Stop blocking our efforts to crack down on student-loan companies

JPMorgan CEO Jamie Dimon Calls Student Loans ‘Significant Issue’

(Proposed Texas legislation you need to be aware of) Is Old Debt Coming Back to Haunt You? Why you may no longer have to worry about it

For Your Blog

(Not password protected)

Why You Should Fill Up on Gas on Monday Mornings (and Never on Friday Afternoons)

6 Ways to Bounce Back from Bankruptcy

Here’s One Easy Way to Pay Less to Your Credit Card Company

IN CASE YOU MISSED IT . . .

Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

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

Hot out of SCOTUS, Larry Ahern analyzes the March 20 decision of the Supreme Court in Obduskey v. McCarthy & Holthus LLP, which analyzes the Fair Debt Collection Practices Act, with a highlighted version of the statute in an Appendix, and considers what may be on the horizon. The entire statute is fairly voluminous and only a few words are pertinent to the analysis here.

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Mortgage Delinquency Rate Fell to Lowest Level in 20 Years

Article: Mortgage Delinquencies Down, Other Consumer Debts Creep Up

Article: U.S. “Desperately” Needs Mortgage Reform, Claims $1 Trillion in Missed Mortgages – JPMorgan Chase CEO advocates for housing finance reform

Article: BK Court Grants Discharge with Delinquent Direct Mortgage Payments

Article: Mortgage Refi’s Spike 39%

Article: Lower Rates Mean Increased Sales

Article: 70% of Average Workers Can’t Afford to Buy a House

OF INTEREST (Not password protected)

(Not 13 related but very interesting situation) Judge Fehling Grapples with Unusual Situation in Case – No one in his family can be a creditor to a company in bankruptcy, no matter how small the amount.

(Not that we are supporting this but you need to be aware) This Free Software Automates Bankruptcy to Help People Clear Their Debts – Upsolve opens up the life-saving tool of bankruptcy to the people who need it most. It’s one of the winners of Fast Company’s World Changing Ideas Awards.

Bankruptcy Court Gives and Then Takes Away in Latest Stern-Related Ruling

(Chpt 11 case you may find interesting) Impermissible Third-Party Release Provisions Render a Plan “Patently Unconfirmable” in the Sixth Circuit

(Chpt 11 case) 6th Circuit Stands Up Against Oversealing of Corporate Documents

DEBT AND THE ECONOMY (Not password protected)

U.S. Job Openings Hit 11-Month Low; Quits Rate Stagnates

Evictions: The New Crisis

BY THE NUMBERS (Not password protected)

March Bankruptcy Filings Down 3% from 2018, Commercial Chapter 11 Filings Decrease 13%

MILITARY MATTERS (Not password protected)

Here’s Why Military Borrowers Are Overwhelmingly Choosing VA Mortgages

Military Personnel Caught in Crossfire Over Lending Law

FOR YOUR HEALTH (Not password protected) disability

Do This for Less than 10 Minutes a Day to Prevent Disability as You Age

April 8, 2019

Archives

Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

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

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia

“It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan . . . ; saying “the Trustee is right” distinctly in open court . . .; or closing a 1999 (yep 1999, that is not a typo) case after nearly 14 years.”

From the Editor

This week Judge Brown looks at two cases – one on the ever popular topic of attorney fees and the other on confirmation:

Attorney Fees – Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion.

Confirmation – Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien.

Discounted Registration Price EXTENDED through April 16th! Save $200 by registering right now!!

nactt Click here to see the fabulous program offered – The Honorable Kevin R. Anderson joins Lundin and Hildebrand for the annual case law update.

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Think Indy isn’t fun? Think they don’t have GREAT restaurants? THINK AGAIN . . .

Click here for Indy’s Top 25 Local Restaurants

Check out this list of Restaurants near JW the Marriott Indianapolis by OpenTable

Click here for a fun list of 47 Unconventional Things to do in Indianapolis

FREE – Click here for 20 FREE Things to do in Indy

July 19 – Oberun 5K

July 20 – Red Skelton Festival in Vincennes

W.Va. Bankruptcy Judge Nominated to U.S. District Court

(Not password protected)

Judge Volk Nominated to U.S. District Court

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Bankruptcy Court Joins Minority, Grants Discharge, and Denies the Trustee’s Motion to Dismiss for Delinquent Post-Petition Mortgage Payments

From ProPublica on the IRS

(Not password protected)

Where in The U.S. Are You Most Likely to Be Audited by the IRS?

The IRS Tried to Take on the Ultrawealthy. It Didn’t Go Well

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Bankruptcy Judge Ordered at Least 10 People Jailed, Including 2 Lawyers

Cresskill Man Accused of Bankruptcy Fraud

‘A Pattern of Theft:’ How PA Tax Preparer Scammed 18 Clients Out of More Than $190,000

Student Loan Chronicles

(Not password protected)

Student Loan Fixes

How to Face the Student Debt and Investing Dilemma

Student Loan Relief for Public Servants: 38,460 applied, only 262 accepted

How Student Loans Impact Your Taxes – Student loan borrowers could qualify for education tax breaks and may want to rethink filing status.

What Happens After Settling Student Loan Debt

Farmers in the News

(Not password protected)

Caution Is Watchword for Local Farmers – With 2019 trade environment murky, every factor matters

Farm Bankruptcies Shed New Light on Perils of Big Agriculture

Farmers in the Midwest Face Decades of Recovery as Flooding Strips Away Crucial Soil

Regarding Retirement

(Not password protected)

There’s a Retirement Crisis in America Where Most Will Be Unable to Afford a ‘Solid Life’

10 Ways to Live Frugally in Retirement

You Could Be Saving $838 More A Month By Cutting Out Nonessential Costs

For Your Blog

(Not password protected)

Getting Rid of Debt May Actually Make Your Brain Work Better

Does It Pay to Use a Resume Service? New Data Says Yes

What are Your Rights if Your Building Is in Foreclosure?

IN CASE YOU MISSED IT . . .

Critical Case Comment

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

When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: East Side Neighborhoods Hit Hard by Foreclosure Crisis Show Modest Signs of Recovery

Article: Average Americans Can’t Afford a Home in 70% of the Country

Article: As Pricey Homes Hit Market, Median List Price for a House Reaches Record $300,000

Article: Bank of America Says It Will Make $5 Billion in Mortgages to Low and Moderate Income Borrowers

Article: Trump Orders Reform of Housing Finance

MBA Survey: Mortgage Applications Surge for Spring

Article: Freddie Mac Home Buying Forecast

OF INTEREST (Not password protected)

FES and FE Have Created a ‘Scheme’ That Is an ‘Abuse of the Bankruptcy System’: Feds say

They Can’t Give It Away: Texas natural gas at all-time negative lows

7 Costco Items That Are ALWAYS Cheaper Than the Grocery Store Version, According to a Bargain Shopping Expert

DEBT AND THE ECONOMY (Not password protected)

The Eviction Crisis Is Starting to Look a Lot Like the Subprime Mortgage Crisis

Americans Will Pay $122 Billion in Credit Card Interest This Year — 50% More than 5 Years Ago

Auto Sales Projected to Slow to Lowest Level in More Than 4 Years Despite SUV and Truck Demand

It’s Not Just You: Cars are Crazy Expensive – Average prices are up 29 percent from 2009

HEALTHCARE IN THE NEWS (Not password protected)

Americans Borrowed $88 Billion to Pay for Medical Bills Last Year

One in Four Americans Are Skipping Medical Treatment Because They Worry About the Cost

The Absurdly High Cost of Insulin, Explained

MILITARY MATTERS (Not password protected)

Navy Conducts Survey Of Privatized Housing in Response to Outcry Over Health and Safety

Housing Companies Pressuring Military Families into Silence About Poor Conditions

Are the Military’s Housing Problems Fixed or Just Covered Up for Now?

The Dismal Career Opportunities for Military Spouses – For the partners of America’s active-duty service members, finding a stable, well-paid job is often impossible.

FOR YOUR HEALTH (Not password protected) nuts

What We Aren’t Eating Is Killing Us, Global Study Finds

April 1, 2019

Archives

Critical Case Comment

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

This one is for the creditors!!!When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)

From the Editor

This week Judge Brown looks at four cases. He brings us one synopsis on lien modification and three relating to debtor attorneys:

Modification of mortgage on mixed-use property

Suspension of firm upheld

Chapter 13 no-look fee subject to Hawai’i’s general excise tax

Chapter 13 debtors not required to seek approval to employ special counsel

REMINDER – INCREASES GO INTO EFFECT TODAY!! (APRIL 1ST)

Dollar Amount Increases in Bankruptcy Code

(Not password protected)

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Eleven Indicted in National Foreclosure Relief Scam

Boulder Doctor Sentenced to Prison for Bankruptcy Fraud

WNY Man Pleads Guilty in Multi-Million Federal Mortgage Fraud Case

Is Manafort-Style Mortgage Fraud More Common Than We Think? Mortgage fraud is on the rise as more consumers use false claims to jump hurdles to homeownership

Mortgage Broker Admits to Defrauding M&T, UBS, Other Lenders on 20 Multifamily Properties

IN CASE YOU MISSED IT . . .

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

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

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Bubble-Era Mortgages Still a Threat

Article: Lower Mortgage Rates Benefit Wealthy

Article: SCOTUS Provides Lender Protections in Non-Judicial States

CoreLogic: Delinquencies and Foreclosures at Pre-Crisis Low

Article: Mortgages in Detroit Harder for Blacks

Article: VA Loans Double

Article: Homebuyers to Get Springtime Boost from Lower-Than-Expected Mortgage Rates

OF INTEREST (Not password protected)

Brookstone Emerges from Bankruptcy

Why Should Americans Be Grateful for $137 Insulin? Germans Get It for $55 – Only by the bizarre logic of the U.S. pharmaceutical industry does this drug count as any kind of generic.

DEBT AND THE ECONOMY (Not password protected)

The Bond Market Is Flashing Its Biggest Recession Sign Since Before the Financial Crisis

70% of Americans with Credit Card Debt Admit They Can’t Pay It Off this Year

Nebraska Faces Over $1.3 Billion in Flood Losses

UM Study: Auto Insurance Unaffordable in 97% of Michigan ZIP Codes

REGISTER FOR NACTT INDIANAPOLIS nactt

Register NOW for NACTT Indianapolis

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FOR YOUR HEALTH (Not password protected) chocolate

Three or More Eggs a Day Increase Your Risk of Heart Disease and Early Death, Study Says

March 25, 2019

Archives

Duberstein Bankruptcy Moot Court

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

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

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

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

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

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

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

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

From the Editor

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

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

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

Paying more than original loan balance would be undue hardship

New from the Supremes

(Not password protected)

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

From the IRS

(Not password protected)

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

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

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

Distress Grows for Ohio Valley Farmers as Trade Deals Stall

Report Highlights Continued Financial Stress for Wisconsin Dairy Farmers

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

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

Register NOW!

Student Loan Chronicles

(Not password protected)

White House Proposes Caps On Student Loan Borrowing

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

Options for Argosy University Students Following Closure

Attorney Fee Award Upheld Against Student Loan Servicer

REMINDER – INCREASES GO INTO EFFECT APRIL 1ST

Dollar Amount Increases in Bankruptcy Code (Not password protected)

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

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

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

Article: Mortgage Apps Up; Loan Amounts Too!

Article: Manufactured Home Is Personal Property in Iowa

FannieMae: Lenders Optimistic

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

IN THE NEWS (Not password protected)

It Just Became Easier for Employers to Dump Retirees’ Pensions

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

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

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

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

Fraudulent Transfer Claims — In Constitutional Limbo

OF INTEREST (Not password protected)

J. Levine Auction Owes Millions; Declares Bankruptcy

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

Avenatti Firm’s Bankruptcy Petition Rejected by Judge

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

DEBT AND THE ECONOMY (Not password protected)

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

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

A Fifth of Americans Say They Have Zero Savings

States Where Income Inequality Is Causing the Middle Class to Disappear

HEALTHCARE AND DEBT (Not password protected)

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

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

MILITARY MATTERS (Not password protected)

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

5 Tips for Troops and Vets Buying their First Homes

How to Leverage Credit Card Benefits Afforded to Service Members

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

Why a Retirement Savings Account Is Crucial for Military Members

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

REGISTER FOR NACTT INDIANAPOLIS chocolate

Register NOW for NACTT Indianapolis

Click here for registration forms only

FOR YOUR HEALTH (Not password protected) chocolate

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

March 18, 2019

Archives

Trustee May Use Any Law Available to Avoid a Transfer

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

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

From the Editor

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

Bankruptcy court could not sua sponte object to confirmation

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

Ensure You Understand Insurance in Bankruptcy

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

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

From the IRS

(Not password protected)

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

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

Passing of District Court Judge

(Not password protected)

Pioneering Judge Mary Lou Robinson Dies at 92

A popular link from last week . . .

Bending the FDCPA to the Breaking Point

(Not password protected)

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

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Debtors’ Plan May Direct Student Loan Payments to Principal

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

What is Bankruptcy Fraud?

(Not password protected)

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

For Your Blog

(Not password protected)

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

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

Ullin Woman Gets 2 Years Probation for Lying During Bankruptcy Hearing

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

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

Bankruptcy Judge Awards $1.7M to Executex in Photocopier Scam

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code

(Not password protected)

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

Ellie Mae Adds New Functionality to Loan Officer Connect

IN THE NEWS (Not password protected)

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

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

OF INTEREST (Not password protected)

Debt Collection Tops Attorney General’s List of Consumer Complaints

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

CFPB’s Kraninger Grilled Over Payday, Military Lending

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

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

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

DEBT AND THE ECONOMY (Not password protected)

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

MILITARY MATTERS (Not password protected)

Military Families Deserve Better Housing

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

REGISTER FOR NACTT INDIANAPOLIS chocolate

Register NOW for NACTT Indianapolis

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FOR YOUR HEALTH (Not password protected)

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

March 11, 2019

Archives

Tips and Traps: Issuing A Subpoena for Bank Records

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

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

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

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

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

From the IRS

(Not password protected)

Here’s How a Name Change Affects a Tax Return

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

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

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

Farmers in the News

(Not password protected)

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

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

Register NOW!

NEW Chapter 7 Trustee Positions Available

(Not password protected)

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

Payday Lenders in the News

(Not password protected)

Move to Pull Consumer Protection Rule Heightens Debate Over Payday Lending

Bending the FDCPA to the Breaking Point

(Not password protected)

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

From the National Consumer Bankruptcy Rights Center

(Not password protected)

ACA’s Shared Responsibility Payment is Priority Tax Debt

Federal Lien Broader than State Lien for Avoidance Purposes

Vocabulary Term of the Week

(Not password protected)

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

For Your Blog

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

Five Expenses Derailing Americans’ Retirement Savings

Watch Out for These 10 ‘Retirement Killers’

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

In Case You Missed It . . .

Dollar Amount Increases in Bankruptcy Code (Not password protected)

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

Article: Mortgage Application Defect Rate Jumped Again in January

Article: Altisource Releases Bundled Solution for Delinquent FHA Loans

Article: Mortgage Apps Jump 5.3%

Article: Homeownership Rising for Millennials

Black Knight Report: Delinquencies Down but Foreclosures Up

IN THE NEWS (Not password protected)

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

OF INTEREST (Not password protected)

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

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

DEBT AND THE ECONOMY (Not password protected)

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

Debt Collection Tops Attorney General’s List of Consumer Complaints

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

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

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

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

REGISTER FOR NACTT INDIANAPOLIS (Not password protected) chocolate

Register NOW for NACTT Indianapolis

Click here for registration forms only

March 4, 2019

Archives

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

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

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

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

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

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

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

Dollar Amount Increases in Bankruptcy Code (Not password protected)

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

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

Farmers in the News

(Not password protected)

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

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

Farm Loan Delinquencies Highest in 9 Years as Prices Slump

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

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

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

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UST Has Multiple Trustee Positions Posted

(Not password protected)

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

About Income Tax Changes

(Not password protected)

Tax Refunds Down 17%: IRS

Payday Lenders in the News

(Not password protected)

CFPB Spoke with Industry Execs Before Relaxing Payday Loan Rules

CFPB Reversal on Payday Lending Is a Big Mistake

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

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

For Your Blog

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

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

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

Student Loan Chronicles

(Not password protected)

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

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

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

Republican Student Loan Debt Proposal Would Automatically Deduct Payments From Paychecks

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

3 Borrowers Win Case on Eligibility for Public Service Loan Forgiveness

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Federal Grand Jury Indicts Defendant on Bankruptcy Fraud Charges

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

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

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

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

In Case You Missed It . . .

Critical Case Comment

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

Article: Recession and the Housing Slump

Article: Existing Sales at Three Year Low

EllieMae Report: Refinance Market at 35% Volume

IN THE NEWS (Not password protected)

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

MILITARY MATTERS (Not password protected)

Housing Horrors Prompt Survey of US Military Quarters Across Europe

As Criticism of Shoddy Housing Mounts, Air Force Pledges Fixes

Military Services Delay Financial Help for Spouse Employment

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

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

OF INTEREST (Not password protected)

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

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

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

DEBT AND THE ECONOMY (Not password protected)

Despite Silence from Administration, Pay Raise Likely in March

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

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

Consumer Debt Hits $4 Trillion

Young Americans Owe $1 Trillion of Debt

Deleveraging Is Over

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

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

FOR YOUR HEALTH (Not password protected)

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

This Weight Loss Strategy Takes Just 15 Minutes a Day

More Severe Flu Strain Starts to Spread Widely

February 25, 2019

Archives

Critical Case Comment

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

Rescuing a Troubled Chapter 13: The Unseen Threat

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

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

Meet an AO Trustee

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

!!! IT’S TIME IT’S TIME IT’S TIME !!!

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

Click here for registration forms only

From the Supreme Court

(Not password protected)

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

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13

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

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

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

About Income Tax Changes

(Not password protected)

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

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

There’s Always a Car

(Not password protected)

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

For Your Blog

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

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

Student Loan Chronicles

(Not password protected)

Student Loan Servicers’ Frequent Mistakes Went Unpunished, Audit Finds

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

OIG Report Finds that Former FHFA Director Watt Acted Inappropriately

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

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

In Case You Missed It . . .

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

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Mortgage Delinquency, Foreclosure Rates Lowest in Decades

Article: When Is a Foreclosure Sale Complete?

Article: Mobile Homes: The Billion Dollar Empire

Article: Ellie Mae Goes Private

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

IN THE NEWS (Not password protected)

Resisting Fraudulent Transfer Temptations — Family Businesses

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

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

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

OF INTEREST (Not password protected)

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

Personal Finance: Bankruptcy is essential to capitalism

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

MILITARY MATTERS (Not password protected)

Military Housing: Mold and Rodents

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

Hundreds of Vets Are Suing Over These Defective Combat Earplugs

VA Preparing to Launch Major Overhaul of Claims Appeals Process

DEBT AND THE ECONOMY (Not password protected)

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

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

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

FOR YOUR HEALTH (Not password protected)

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

February 18, 2019

Archives

presidentsday

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

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

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

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

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

Note Correction to Part I of this Series

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

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

Farmers and Chapter 12

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

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

Want to learn more about Chapter 12?

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

Topics include:

Case law update
Pre-bankruptcy planning
Taxes in Chapter 12
Feasibility & confirmation issues
Legislative update
Core concepts for those new to Chapter 12

Register NOW!

Study of Continued Interest

Personal Bankruptcy Decisions Before and After Bankruptcy Reform

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

UST Has Multiple Trustee Positions Posted

(Not password protected)

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

About Income Tax Changes

(Not password protected)

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

CFPB In The News

(Not password protected)

CFPB Cripples New Rules for Payday Loans

For Your Blog

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

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

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

Student Loan Chronicles

(Not password protected)

Is This the Way to Curb Student Loan Defaults?

Warner, Thune Introduce Legislation to Address Student Debt Crisis

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

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

Work Must Pay $300,000 to Victims Despite Bankruptcy

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

In Case You Missed It . . .

Meet Another Trustee

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

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

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

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

IN THE NEWS (Not password protected)

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

In Gouletas, Bankruptcy Court Rules Statutes of Limitations Have Limitations

OF INTEREST (Not password protected)

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

This Is the Real Reason Most Americans File for Bankruptcy

Banking and the Cannabis Industry

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

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

Fullbeauty Breaks Record for Fastest U.S. Bankruptcy

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

Enactment of the Bankruptcy Code in 1978: A Short History

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

BY THE NUMBERS (Not password protected)

Hawaii Bankruptcy Filings Skyrocketed 40% Last Month

February 11, 2019

Archives

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

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

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

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

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

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

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

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

And note Act2’s new Twitter account – @farmfreshstart

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

Want to learn more about Chapter 12?

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

Topics include:

Case law update
Pre-bankruptcy planning
Taxes in Chapter 12
Feasibility & confirmation issues
Legislative update
Core concepts for those new to Chapter 12

Register NOW!

And note Act2’s new Twitter account – @farmfreshstart

Meet Another Trustee

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

UST Has Multiple Trustee Positions Posted

(Not password protected)

Chapter 13

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

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

Chapter 7

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

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

Worth repeating . . .

Eviction Diversion Programs and Chapter 13 Bankruptcy

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

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

nactt 2019 conference

About Income Taxes

(Not password protected)

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

CFPB In The News

(Not password protected)

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

CFPB Moves to Roll Back Payday Lending Rule

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

For Your Blog

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

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

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

Student Loan Chronicles

(Not password protected)

Navient Files for Partial Summary Judgment in CFPB Case

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

Student Loan Interest Rates Are Increasing

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

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

South Dakota Banker Loses Contempt, Sanctions Appeal

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

In Case You Missed It . . .

Critical Case Comment

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

Article: Mortgage Rates Tumble to 10-Month Low

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

Article: Lower Rates Open Affordability Window

Article: GE Puts Subprime Woes Behind It

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

IN THE NEWS (Not password protected)

Fifth Circuit Holds That Creditor Lacks Constitutional Standing to Appeal

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

Courts Are Making a Killing on Public Records

Pioneering Judge Mary Lou Robinson Dies at 92

Losing Your Driver’s License to Debt

How Simple Misdemeanor Could Land You in Jail for Months

OF INTEREST (Not password protected)

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

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

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

BY THE NUMBERS (Not password protected)

The Shrinking Middle Class: By the Numbers

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

MILITARY MATTERS (Not password protected) militarysoldiers

PHH Settles U.S. Charges Over Military Foreclosures

Senators Warren, Warner Question Contractors, Military on Unsafe Housing

DEBT AND THE ECONOMY (Not password protected)

GM to Lay Off 4,000-Plus Salaried Workers

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

Here’s Where the Jobs Are — in one chart

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

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

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

February 4, 2019

Archives

Critical Case Comment

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

Avoidance Powers in Chapter 13 – Part 6 of 6

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

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

Eviction Diversion Programs and Chapter 13 Bankruptcy

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

nactt 2019 conference The NACTT annual conference will be one of the best, EVER. DON’T MISS IT. All your favorites* will be offered but new topics such as the successfulness, or not, of loss mitigation programs will be discussed.

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

From the IRS

(Not password protected)

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

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

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Court Rejects Nonstandard Provision for Retention of Tax Refund

New Study

(Not password protected)

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

For Your Blog

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

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

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

Student Loan Chronicles

(Not password protected)

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

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

How to Never Get Rejected for Student Loan Forgiveness

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

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

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

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

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

In Case You Missed It . . .

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

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

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

Report: Foreclosures Down 6% in 2018

Article: Sales Down 6.4% in December

Article: Millions of Mortgage Docs Exposed in Data Breach

OF INTEREST (Not password protected)

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

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

Insurance Claims from Deadly California Wildfires Top $11.4B

Utility Bankruptcy Could Be Costly to Wildfire Victims

GE Pays $1.5 Billion to Finally Resolve Subprime Loan Allegations

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

BY THE NUMBERS (Not password protected)

Bankruptcy Filings Fall 2%

MILITARY MATTERS (Not password protected)

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

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

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

CFPB Asks Congress for Authority to Sniff Out Predatory Military Lenders

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

VA Unveils Proposed Rules Extending More Private Care to Veterans

DEBT AND THE ECONOMY (Not password protected)

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

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

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

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

Corporations Increasingly Seen Defaulting on Debt – Survey

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

Off the Charts: Holiday Heartbreak for Retailers

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

HEALTHCARE IN THE NEWS (Not password protected)

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

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

Former Employees in Debt after Company Bankruptcy Leaves Medical Bills Unpaid

January 28, 2019

Archives

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

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

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

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

Avoidance Powers in Chapter 13 – Part 5 of 6

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

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

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

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

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

From the IRS

(Not password protected)

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

Union Says IRS Worker Absences Expected to Surge Amid Shutdown

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Bankruptcy Court Says Call First Before Seeking Attorney’s Fees

Court Applies Beard Test to Late-Filed Return

From the Courts

(Not password protected)

Judiciary Has Funds to Operate Through Jan. 31

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

For Your Blog

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

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

Guide to Responsible Credit Card Use in College

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Millions of sensitive mortgage documents exposed in massive data breach

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

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

Article: Rates Down, But Better Hurry!

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

Article: Preventing Foreclosure During Furlough

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

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

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

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

BY THE NUMBERS (Not password protected)

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

DEBT AND THE ECONOMY (Not password protected)

Pollster Says Shutdown Has Highlighted Workers Living Paycheck to Paycheck

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

One Potential Winner from Government Shutdown — Payday Lenders

Why Many Stores Can’t Accept Food Stamps During Shutdown

Next Shutdown Victim: School lunches

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

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

MILITARY MATTERS (Not password protected)

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

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

OF INTEREST (Not password protected)

Americans More Likely to Die from Opioid Overdoses than Car Crashes

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

FOR YOUR HEALTH (Not password protected)

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

January 21, 2019

Archives

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

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

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

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

Avoidance Powers in Chapter 13 – Part 4 of 6

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

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

Meet Another of the New Trustees

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

Northern District of MS Welcomes New Judge

(Not password protected)

Investiture Ceremony Honors Local Bankruptcy Court’s Newest Judge

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Fifth Circuit Bludgeons Debtors with Judicial Estoppel Ruling

Serial Filings and the Automatic Stay

From the Courts

(Not password protected)

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

Judiciary to Continue Funded Operations Until Jan. 25

For Your Blog

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

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

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

Guide to Responsible Credit Card Use in College

Student Loan Chronicles

(Not password protected)

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

Employers are Offering to Help Pay Off Workers’ Student Loans

4 Shutdown Tips for Student Loan Borrowers

Fed Study Gauges Toll of Student Debt on Millennial Homeownership

MORTGAGES AND DEEDS OF TRUST (Not password protected)

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

Why Mortgage Lending at Wells Fargo, Chase and Citi Plunged

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

MILITARY MATTERS (Not password protected) militarysoldiers

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

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

OF INTEREST (Not password protected)

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

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

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

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

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

BY THE NUMBERS (Not password protected)

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

DEBT AND THE ECONOMY (Not password protected)

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

Government Shutdown Is Hurting Rural People Who Can Least Stand It

FOR YOUR HEALTH (Not password protected) chocolate

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

January 14, 2019

Archives

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

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

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

From the Editor

Bankruptcy Protections Limited for Repeat Filers

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

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

Avoidance Powers in Chapter 13 – Part 3 of 6

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

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

Meet One of Our Newest Trustees

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

From the National Consumer Bankruptcy Rights Center

(Not password protected)

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

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

From the Supreme Court

(Not password protected)

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

SCOTUSblog: Is Foreclosure Debt Collection?

Student Loan Chronicles

(Not password protected)

Another Bankruptcy Court Weighs in on the Tuition Clawback Controversy

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

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

For Your Blog

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Cylvia Hayes Criticized For ‘Bad Faith’ In Bankruptcy Proceedings

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

Fallout From Billion-Dollar Ponzi Scheme Stretches to East Tennessee

Consumer Diary: Collection agency amasses complaints

IN THE NEWS (Not password protected)

Local Bankruptcy Rules Cannot Add Additional Chapter 13 Confirmation Requirements

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

New York Adopts Amendments Addressing Collection of Family Member Debts

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

MORTGAGE MATTERS (Not password protected)

Article: Applications Up 23%!

Article: Gov Shutdown Affecting Housing Market

Article: How Shutdown Affects Mortgages

Article: Helping Unpaid Federal Workers with Their Mortgage

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

Article: Rates Dip to Start 2019

Article: When the Lender Makes Mistakes

Article: Some PHH Foreclosures to Pay Eligible Home Owners

MILITARY MATTERS (Not password protected)

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

Room Rates Rising as Pentagon Cuts Taxpayer Funding for Base Lodging

USAA Sparks Customers’ Ire During Government Shutdown

OF INTEREST (Not password protected)

70 Direct Effects of Partial Government Shutdown (and Counting)

Fighting to Be American (not bankruptcy related)

BY THE NUMBERS (Not password protected)

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

HEALTHCARE IN THE NEWS (Not password protected)

US Spends Twice as Much on Health Care as Its Peers

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

DEBT AND THE ECONOMY (Not password protected)

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

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

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

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

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

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

FOR YOUR HEALTH (Not password protected) fiber

Want to Prevent the Deadliest Diseases? Eat More Fiber

January 7, 2019

Archives

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

By Academy Staff

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

Avoidance Powers in Chapter 13 – Part 2 of 6

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

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

Passing of Former Clerk

(Not password protected)

Condolences to the Family of Betty Lois Jennette

Click here for obituary

Passing of Bankruptcy Judge – Update

(Not password protected)

Coroner: Bankruptcy judge’s death a suicide

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

From the Courts

(Not password protected)

Courts Endure Rough Storm Season

From the IRS

(Not password protected)

IRS Issues Standard Mileage Rates For 2019

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

58 cents per mile driven for business use, up 3.5 cents from the rate for 2018,
20 cents per mile driven for medical or moving purposes, up 2 cents from the rate for 2018, and
14 cents per mile driven in service of charitable organizations.

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

Student Loan Chronicles

(Not password protected)

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

Navient Audit: Borrowers May Have Paid More for Student Loans

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

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

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

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

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

For Your Blog

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

Revolving Credit Is Keeping Cardholders Mired in Debt

What Consumers Should Know When Debt Collectors Call

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Assaulting His Mother Cost Attorney Ability to Practice for 1 Year

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

FTC Halts Student Loan Debt Relief Schemes

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

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

MORTGAGE MATTERS (Not password protected)

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

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

MILITARY MATTERS (Not password protected)

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

Stolen Valor Meets Fake News: Facebook trolls targeting vets

OF INTEREST (Not password protected)

The Government’s Perspective on Health Care Bankruptcies

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

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

Will Bankruptcy Courts Treat Bitcoin as a Commodity?

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

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

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

BY THE NUMBERS (Not password protected)

Total Bankruptcies Dip in November

DEBT AND THE ECONOMY (Not password protected)

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

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

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

December 31, 2018

Archives

Avoidance Powers in Chapter 13 – Part 1 of 6

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

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

From Credit Slips

(Not password protected)

A couple of humorous posts we think you will enjoy:

A Contract Lawyer’s X-mas Greeting

Contractual Lunacies

From the Courts

(Not password protected)

Judiciary Operating During Shutdown

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

Student Loan Chronicles

(Not password protected)

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

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

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

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

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

MORTGAGE MATTERS (Not password protected)

Article: US Banks Tighten Credit

Report: Downsizing Causing Increase in Mortgage Application Defects

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

MILITARY MATTERS (Not password protected)

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

OF INTEREST (Not password protected)

Judge Denies Bankruptcy Protection to Delinquent Landlord

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

How a Judge Makes Mediation Work: Defending the Mediator

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

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

DEBT AND THE ECONOMY (Not password protected)

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

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

HEALTHCARE IN THE NEWS (Not password protected)

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

Gallup: 29% of Americans Delay Healthcare Because of Cost

December 24, 2018

Archives

December 17, 2018

Archives

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

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

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

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

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

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

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

By Cathy Moran, Mt. View, CA

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

From the Courts

(Not password protected)

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

Farms in the News

(Not password protected)

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

For Your Blog

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

Taxpayers Can Now Instantly Get Tax Info on Instagram

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

MORTGAGE MATTERS (Not password protected)

Article: Trump Picks Calabria to Head Federal Housing Finance Agency

FreddieMac: Rates Dip, Applications Up

FreddieMac: Inventory Short for Years to Come

Article: In Down Market Sub Prime Stays Positive

Credit Slips: 10 Years After the Foreclosure Crisis

MILITARY MATTERS (Not password protected)

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

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

OF INTEREST (Not password protected)

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

How USA Gymnastics’ Bankruptcy Petition Impacts Larry Nassar Survivors

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

Michigan Supreme Court Will Decide Constitutionality of Tax Foreclosure Laws

DEBT AND THE ECONOMY (Not password protected)

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

December 10, 2018

Archives

Watch the Clock – Timing of Appeals

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

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

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

(Not password protected)

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

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

On the CFPB

(Not password protected)

Senate Votes to Advance Trump Consumer Bureau Pick

For Cause Removal of the CFPB Director?

The Cost of the CFPB Name Change

From the IRS

(Not password protected)

Strong Passwords Help Protect Accounts Against Cybercriminals

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

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

Farms in the News

(Not password protected)

Farm Bankruptcies Surpass Great Recession Levels in Upper Midwest

Student Loan Chronicles

(Not password protected)

Is Public Service Loan Forgiveness Going Away?

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

Major For-Profit College Chain Collapses, Leaving Students Scrambling

Yes, Student Loans Really Are Making Millennials Go Broke

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

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

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

Ponzi Scheme Victims May Get Most of Investments Returned

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

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

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

IN THE NEWS (Not password protected)

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

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

MORTGAGE MATTERS (Not password protected)

Housingwire.com: Affordability vs Inventory

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

MILITARY MATTERS (Not password protected)

Majority of Veterans Eligible for Loan Forgiveness Are in Default

How Military Service Impacts Student Loan Repayment Options

OF INTEREST (Not password protected)

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

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

Boris Becker Drops Bankruptcy Immunity Claim

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

FOR THE ACADEMIC SET (Not password protected)

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

Explainer: What Is An Inverted Yield Curve?

DEBT AND THE ECONOMY (Not password protected)

Pension Plans for Millions of Americans Are on Brink of Collapse

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

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

Bitcoin Miner Consolidation Increases Risk of More Crypto Mayhem

US HEALTH CARE (Not password protected)

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

December 3, 2018

Archives

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

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

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

NCLC Press Release

(Not password protected)

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

Eastern District of Wisconsin Bankruptcy Appoints Judge

(Not password protected)

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

From the IRS

(Not password protected)

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

Farms in the News

(Not password protected)

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

Farm Bankruptcies on the Rise According to New Fed Report

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

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

Farming Bankruptcies Growing Across Indiana

Chapter 12 Bankruptcies Lower Across Farm Country

From the National Consumer Bankruptcy Rights Center

(Not password protected)

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

Student Loan Chronicles

(Not password protected)

ITT Tech Students Score Victory in Bankruptcy Settlement

DeVos Warns of Crisis Amid Ballooning Student Debt

DeVos Reinstates Controversial Gatekeeper of For-Profit Colleges

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Marriott Reveals Data Breach of 500 Million Starwood Guests

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

North Shore Bankruptcy Lawyer Disbarred

For Your Blog

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

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

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

IN THE NEWS (Not password protected)

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

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

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

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

States Rush to Collect Online Sales Tax

MORTGAGE MATTERS (Not password protected)

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

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

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

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

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

OF INTEREST (Not password protected)

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

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

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

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

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

FOR THE ACADEMIC SET (Not password protected)

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

DEBT AND THE ECONOMY (Not password protected)

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

US HEALTH CARE (Not password protected)

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

Why US Health Care Costs Defy Common Sense

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

FOR YOUR HEALTH (Not password protected)

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