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September 13, 2021
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Archives |
Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart
Escrow 101 – Part 2 of 3
We continue our series of articles detailing the ins and outs of escrow analysis. In Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. In this, Part 2, he looks at the actual analysis with examples.
Meet a Chief Judge
Eviction Ban
- The National Eviction Ban Is Over – But renters still can’t be forced out in these states
- Supreme Court Blocks Biden Administration’s Eviction Moratorium – “Congress never gave the CDC the staggering amount of power it claims,” a group of landlords argued.
From NCBRC
Foreclosure in the News
From the IRS
Attention Operations/Office Managers:
Treasury, IRS Issue Guidance for 2021 on Reporting Qualified Sick and Family Leave Wages
From the Judicial Conference Committee
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87; and
- Evidence Rules 106, 615, and 702.
Click here for the current version.
Click here for the Current Bankruptcy Forms
Click here for the Draft Proposed Amendments
Comments due by 2/16/22.
From the Courts Extra
Although this was put out by the Western District of Texas, it seems to be applicable CM/ECF systemwide.
Position Opening
- Chapter 13 Standing Trustee – District of Nebraska
- U.S. Bankruptcy Judge – District of South Carolina
- U.S. Bankruptcy Judge – Middle District of North Carolina
- Term Judicial Law Clerk – District of Maryland
Student Loans Chronicles
- From Justia: In re Aleckna
For Your Blog
7 Areas Where You Should Continue to Be Financially Conservative While the Economy Recovers (This one could apply to you and your clients.)
From the Courts
Too many policy changes to list so be sure to check the Court’s mask/vaccination/negative COVID test policy before heading into any Federal Building!
- Lawyer Representatives to the Ninth Circuit Judicial Conference – 2 bankruptcy openings
- Northern District of IL – Reassignment of Judge Jack B. Schmetterers Chapter 7 Cases
- Eastern District of OK – Tom R. Cornish, Chief Bankruptcy Judge retires as of 9/1/2
- Eastern District of OK – Judge Michael’s Policy Regarding Granting Relief from Bankruptcy Rule 4001(a)(3)
- Middle District of NC – Durham Courthouse Closes Permanently
- District of SC – Bar Announcement by Judge Waites
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
- Central District of IL – Going live on NextGen 10/25/21
- Southern District of GA – Going live on NextGen 10/25/21
- District of RI – Going live on NextGen 10/4/21 – Going live on NextGen 10/25/21
- Western District of TX – Due to maintenance involving the installation of NextGen CM/ECF versions 1.6, 1.6.1 and 1.6.2 (11/1/21 – go live date), the system will be unavailable for filing, as well as access to PACER and VCIS for queries, between 10 am Sept. 18, and 10 am on Sept. 9.
Sanctions and Irony and Fraud, Oh My!
- ‘The Theft was Fatal’: Employee used 189 credit-card refunds to embezzle nearly $200,000 — bankrupting packaging firm
- CFPB Sues LendUp Loans for Violating 2016 Consent Order and Deceiving Borrowers – Online Lender Accused of Continuing to Misrepresent Products and Failing to Provide Timely and Accurate Adverse-Action Notices to Applicants
IN CASE YOU MISSED IT . . .
When the Trustee Gets Subpoenaed
OF INTERESTS (Not password protected)
BY THE NUMBERS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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September 6, 2021
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Archives |
Tell the Story
Escrow 101 – Part 1 of 3
This week we begin a series of articles detailing the ins and outs of escrow analysis. In this Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. This is a detailed analysis you will want to not only review but hang on to.
Watch for Part 2 of 3 next week!
The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up
The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?
Of Interest to, Well, Everyone
Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart
Eviction Ban
From the Judicial Conference Committee
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87; and
- Evidence Rules 106, 615, and 702.
Click here for the current version.
Click here for the Current Bankruptcy Forms
Click here for the Draft Proposed Amendments
Comments due by 2/16/22.
Eviction Moratorium
Position Opening
- U.S. Bankruptcy Judge – District of South Carolina
- Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
From the Courts
- Middle District of NC – Durham Courthouse Closes Permanently
- District of MN – The Honorable William J. Fisher’s chambers and courtroom have moved within the Warren E. Burger Federal Building and United States Courthouse. Judge Fisher is now presiding in Courtroom 2A in St. Paul.Please update the courtroom location when filing motions and notices of hearing related to matters pending before Judge Fisher in St. Paul.
- District of SC – Bar Announcement by Judge Waites
- District of CO – Proposed revisions to Local Rules and Forms
OF INTERESTS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 30, 2021
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Archives |
Escrow 101 – Part 1 of 3
Eviction Ban
Big News of the Week . . .
Supreme Court Blocks Biden Administration’s Eviction Moratorium – “Congress never gave the CDC the staggering amount of power it claims,” a group of landlords argued.
From the Judicial Conference Committee
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87; and
- Evidence Rules 106, 615, and 702.
Click here for the current version.
Click here for the Current Bankruptcy Forms
Click here for the Draft Proposed Amendments
Comments due by 2/16/22.
Eviction Moratorium
Position Opening
- U.S. Bankruptcy Judge – District of South Carolina
- Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
- Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
From the Courts
- Middle District of NC – Durham Courthouse Closes Permanently
- District of MN – The Honorable William J. Fisher’s chambers and courtroom have moved within the Warren E. Burger Federal Building and United States Courthouse. Judge Fisher is now presiding in Courtroom 2A in St. Paul.Please update the courtroom location when filing motions and notices of hearing related to matters pending before Judge Fisher in St. Paul.
- District of SC – Bar Announcement by Judge Waites
- District of CO – Proposed revisions to Local Rules and Forms
- Middle District of TN – Proposed Local BK Rules (Comments by 8/30/21)
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
IN CASE YOU MISSED IT . . .
When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
CHAPTER 12 IN THE NEWS (Not password protected)
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August 23, 2021
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Archives |
Are Your Loyalties Divided?
“Anytime there are two people sitting across from you, you have a conflict of interest.”
One of Attorney Moran’s best! How much thought do you give to the seemingly happily married couple sitting across from you? What is the likelihood of separation or divorce? This concise article looks at the potential conflicts of interest.
When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?
From the Judicial Conference Committee
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87; and
- Evidence Rules 106, 615, and 702.
Click here for the current version.
Click here for the Current Bankruptcy Forms
Click here for the Draft Proposed Amendments
Comments due by 2/16/22.
Oh My Goodness
You HAVE to read this article . . .
This Black Family’s Home Appraisal Grew by $92,000 After They Removed All Signs of Their Race
From the NCLC
Great info from last week . . .
Eviction Moratorium
Position Opening
- Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
- Staff Attorney – Middle District of Alabama – CORRECTION. This position is for a staff attorney position in the office of the United States Bankruptcy Administrator for the Middle District of Alabama in Montgomery. We apologize that we erroneously ran this as an opening in the Chapter 13 Trustee’s office – Application due date 9/10/21
Eviction Ban
From the Courts
- District of SC – Bar Announcement by Judge Waites
- District of CO – Proposed revisions to Local Rules and Forms
- Central District of CA – Revised Local Bankruptcy Rules Forms Effective 7/30/21
- Middle District of TN – Proposed Local BK Rules (Comments by 8/30/21)
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
IN CASE YOU MISSED IT . . .
Ms. Ps & Qs
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
CHAPTER 12 IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 16, 2021
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Archives |
When the Trustee Gets Subpoenaed
Ms. Ps & Qs
From the National Consumer Law Center
Eviction Moratorium
From the CFPB
- CFPB Issues Interpretive Rule on Certain Mortgage and Disclosure Timing Requirements for the 2021 Juneteenth Federal Holiday – Because the Juneteenth National Independence Day Act was signed into law two days before the newly created holiday on June 19, many participants in the mortgage industry reported being unsure of how to treat the day for purposes of regulatory compliance. . . . For rescission of closed-end mortgages and TILA-RESPA Integrated Disclosures, whether June 19, 2021, counts as a business day or federal holiday depends on when the relevant time period began. If the relevant time period began:
- On or before June 17, 2021, then June 19 was a business day.
- After June 17, 2021, then June 19 was a federal holiday.
Position Opening
- Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
- Trustee’s Staff Attorney – Middle District of Alabama
Eviction Ban
Student Loans Chronicles
- Senate Judiciary Committee Hearing on Student Loans and Act Introduced by Senators Durbin and Cornyn
By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc.
- Pause on Student Loan Payments Extended Through January (Not password protected)
From the Courts
- District of CO – Proposed revisions to Local Rules and Forms
- Central District of CA – Revised Local Bankruptcy Rules Forms Effective 7/30/21
- District of NV – Judge Beesley Retirement Announcement
- Middle District of TN – Proposed Local BK Rules (Comments by 8/30/21)
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
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Proposed Amendments
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87;
- New Criminal Rule 62; and
- Evidence Rules 106, 615, and 702.
Comment period – 8/6/21 to 2/16/22
IN CASE YOU MISSED IT . . .
Absolute Right to Dismiss? Sixth Circuit Says “Yes”
IN THE NEWS (Not password protected)
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 9, 2021
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Archives |
Who Gets the Trustee’s Fee?
Senate Judiciary Committee Hearing on Student Loansand Act Introduced by Senators Durbin and Cornyn
“The proposed Act . . . would strike current section 523(a)(8), replacing it with the same undue hardship provision for educational benefits or loans made, insured or guaranteed by governmental units or nonprofit institutions, or in the alternative such loans would be dischargeable ten years after the first payment on the loan became due.”
See also:
Absolute Right to Dismiss? Sixth Circuit Says “Yes”
Federal Housing Administration Extends Single Family Eviction Moratorium
From the CFPB
Just out . . . CFPB Issues Interpretive Rule on Certain Mortgage and Disclosure Timing Requirements for the 2021 Juneteenth Federal Holiday – Because the Juneteenth National Independence Day Act was signed into law two days before the newly created holiday on June 19, many participants in the mortgage industry reported being unsure of how to treat the day for purposes of regulatory compliance. . . . For rescission of closed-end mortgages and TILA-RESPA Integrated Disclosures, whether June 19, 2021, counts as a business day or federal holiday depends on when the relevant time period began. If the relevant time period began:
- On or before June 17, 2021, then June 19 was a business day.
- After June 17, 2021, then June 19 was a federal holiday.
From the IRS
Paid Leave Credit Available for Providing Leave to Employees Caring for Individuals Obtaining or Recovering from a COVID-19 Immunization (This could be applicable to YOU or your clients)
Eviction Ban
As evidenced by the below sample articles, evictions, or not, are all over the place . . .
AACER U.S. Bankruptcy Statistics and Trends
For Your Blog
- Housing Insecurity Media Toolkit – Easy to share information. For example, this handout: For Landlords – Squeezed between missed rental income and bills you owe? Help is available And there are many others. Check it out.
From the Courts
- District of Rhode Island – Courts closed 8/9 for Victory Day
- Bankruptcy Filings Plunged to Lowest Number Since 1985
- District of NV – Judge Beesley Retirement Announcement
- Middle District of TN – Proposed Local BK Rules (Comments by 8/30/21)
- District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
- Northern District of OK – Scheduled to go live on NextGen 9/21
***************************
Proposed Amendments
- Appellate Rules 2 and 4;
- Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
- Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
- Civil Rules 15, 72, and new Rule 87;
- New Criminal Rule 62; and
- Evidence Rules 106, 615, and 702.
Comment period – 8/6/21 to 2/16/22
IN CASE YOU MISSED IT . . .
Critical Case Comment
IN THE NEWS (Not password protected)
OF INTERESTS (Not password protected)
MORTGAGES IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 2, 2021
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Archives |
Assessable Yet Not Assessed Taxes Could Cost You a Malpractice Claim
Critical Case Comment
Federal Housing Administration Extends Single Family Eviction Moratorium
From the CFPB
- CFPB Confirms Effective Date for Debt Collection Final Rules – CFPB announced that two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on November 30, 2021. The CFPB issued a proposal in April 2021 that, if finalized, would have extended the effective dates to January 29, 2022. The CFPB has now determined that such an extension is unnecessary. Following this announcement, the CFPB will publish a formal notice in the Federal
From the IRS
Paid Leave Credit Available for Providing Leave to Employees Caring for Individuals Obtaining or Recovering from a COVID-19 Immunization (This could be applicable to YOU or clients)
From NCBRC
Just For Our Military
VA Partial Claim Program – This is new. Have you heard of it?
The VA Partial Claim Payment is a temporary program that is intended to assist Veteran borrowers specifically impacted by the COVID-19 pandemic to resume making their regular (pre-COVID) mortgage payments after exiting forbearance. VAPCP will only be available from July 27, 2021 through October 28, 2022.
Sub Chapter V
Eviction Ban
For Your Blog
- So, this is different . . .Housing Insecurity Media Toolkit – Easy to share information. For example, this handout: For Landlords – Squeezed between missed rental income and bills you owe? Help is available. And there are many others. Check it out.
Student Loans Chronicles
- Discharge Student Loans in Bankruptcy? Courts Disagree — But Reform Could Be Coming
From the Courts
- Middle District of TN – Return to in-person hearings/trials 9/7/21
- Eastern District of KY – Return to in-person hearings/trials 9/1/21
- Middle District of FL – New Local Rules
- District of NM – Form change for chapter 13 fee applications
- Northern District of GA – Consolidated Appropriations Act and New CM/ECF Events
- Northern District of OK – Scheduled to go live on NextGen 9/21
- Northern District of GA – CM/ECF will be unavailable beginning Friday, August 6, 2021 @ 5:00pm/EST until GANB is live on Next/Gen on Monday, August 9, 2021.
IN CASE YOU MISSED IT . . .
Critical Case Comment
MORTGAGES IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTHCARE IN THE NEWS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 26, 2021
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Archives |
“Stripping” Residential Mortgages and the Effect of 11 U.S.C. § 1111(b) – Part 2 Eleven Eleven What?
This week, Larry Ahern concludes his two-part review of “lien stripping.” The initial focus of his analysiswas to explore recent legislation that makes it easier for some individuals, especially farmers or small business owners, to modify residential mortgages, with special emphasis on the Small Business Reorganization Act of 2019. He also made some suggestions for tactics to consider before and during bankruptcy. He now concludes with an analysis of whether and how subsection 1111(b) may reinforce the residential lender’s position in a case under subchapter V of Chapter 11 and recent cases that have struggled over the issue.
Click here for Part 1 Strategies in Modification of Residential Mortgages
Critical Case Comment
Beyond Professional Ethics
Continuing with our quarterly series directed to staff, Mr. Akers, very eloquently speaks to everyone – attorneys, trustees, CPAs, PHRs, Paraprofessionals, and clerical staff – from the new hire to the 30 year veteran employee.
“Being truthful is a valuable ethic that can actually help work be completed more quickly and in a quality manner.”
Just For Our Military
VA Partial Claim Program – This is new. Have you heard of it?
The VA Partial Claim Payment is a temporary program that is intended to assist Veteran borrowers specifically impacted by the COVID-19 pandemic to resume making their regular (pre-COVID) mortgage payments after exiting forbearance. VAPCP will only be available from July 27, 2021 through October 28, 2022.
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
Judge Bonapfel has again edited/supplemented his SBRA materials as of July 12, 2021. Click here for the entire Guide.
The title page indicates the sections in which material revisions and additions occur.
Position Vacancies
Judgeship – Eleventh Circuit Seeks Applications for Bankruptcy Judge for the Middle District of Florida at Jacksonville – Application Deadline July 30, 2021
Student Loans Chronicles
From the Courts
- Middle District of TN – Return to in-person hearings/trials 9/7/21
- Eastern District of KY – Return to in-person hearings/trials 9/1/21
- Middle District of FL – New Local Rules – Click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
- District of NM – Form change for chapter 13 fee applications
- Northern District of GA – Consolidated Appropriations Act and New CM/ECF Events
- Southern District of GA – Scheduled to go live on NextGen 10/12/21
- Northern District of OK – Scheduled to go live on NextGen 9/21
- Northern District of GA – CM/ECF will be unavailable beginning Friday, August 6, 2021 @ 5:00pm/EST until GANB is live on Next/Gen on Monday, August 9, 2021.
- Middle District of LA – CM/ECF will be unavailable fromThursday, July 22, 4:00pm until Next/Gen is live on Monday, July 26, 2021 at 8:00am.
IN CASE YOU MISSED IT . . .
The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents
MORTGAGES IN THE NEWS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 19, 2021
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Archives |
A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1 Strategies in Modification of Residential Mortgages
The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents
Regarding the Judiciary
- Recalled Bankruptcy Judge – Eastern District of Michigan Recalls Judge Thomas J. Tucker
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
Judge Bonapfel has again edited/supplemented his SBRA materials as of July 12, 2021. Click here for the entire Guide – FREE.
The title page indicates the sections in which material revisions and additions occur.
Eviction Ban
Final Mortgage Servicing Rule
On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.
On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule
Click here for an Executive Summary
Click here for an Unofficial Redline
From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule
A popular item from last week. . .
Foreclosure Ban
From NCBRC
Position Vacancies
Judgeship – Eleventh Circuit Seeks Applications for Bankruptcy Judge for the Middle District of Florida at Jacksonville – Application Deadline July 30, 2021
From the Courts
- Middle District of FL – New Local Rules – Click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
- District of NM – Form change for chapter 13 fee applications
- Northern District of GA – Consolidated Appropriations Act and New CM/ECF Events
- Northern District of GA – CM/ECF will be unavailable beginning Friday, August 6, 2021 @ 5:00pm/EST until GANB is live on Next/Gen on Monday, August 9, 2021.
- Middle District of LA – CM/ECF will be unavailable fromThursday, July 22, 4:00pm until Next/Gen is live on Monday, July 26, 2021 at 8:00am.
IN CASE YOU MISSED IT . . .
The Kill Switch and The Stay
“There are not many reported bankruptcy decisions regarding the use of kill switches.”
More from this author:
MORTGAGES IN THE NEWS (Not password protected)
SUBCHAPTER V (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
JUST FOR FUN (Not password protected)
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July 12, 2021
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Archives |
The Kill Switch and The Stay
“There are not many reported bankruptcy decisions regarding the use of kill switches.”
More from this author:
Critical Case Comment
Appointment of New Bankruptcy Judge
Final Mortgage Servicing Rule
On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.
On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule
Click here for an Executive Summary
Click here for an Unofficial Redline
From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule
From NCBRC
Positions Open
Judgeship – Eleventh Circuit Seeks Applications for Bankruptcy Judge for the Middle District of Florida at Jacksonville – Application Deadline July 30, 2021
Student Loans Chronicles
From the Courts
- Northern District of GA – Consolidated Appropriations Act and New CM/ECF Events
- Southern District of MS – The Honorable Neil P. Olack will retire on 6/30/21
- Northern District of GA – CM/ECF will be unavailable beginning Friday, August 6, 2021 @ 5:00pm/EST until GANB is live on Next/Gen on Monday, August 9, 2021.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Critical Case Comment
IN THE NEWS (Not password protected)
SUBCHAPTER V (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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July 5, 2021
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Archives |
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Happy Birthday |
 |
Due to the holiday, we bring you an abbreviated update.
But we did want you to know that the
FINAL Mortgage Servicing Rule is out
Final Mortgage Servicing Rule
On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.
On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule
Click here for an Executive Summary
Click here for an Unofficial Redline
From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule
Very popular item from last week
Student Loans and the Supreme Court
- That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy
Positions Open
- Judgeship – Eleventh Circuit Seeks Applications for Bankruptcy Judge for the Middle District of Florida at Jacksonville – Application Deadline July 30, 2021
- Chapter 12 Trusteeship – Western, Middle and Eastern Districts of Louisiana – Application Deadline July 7
- Term Law Clerk Northern District of Mississippi – Application Deadline July 9
From the Courts
- Northern District of GA – Consolidated Appropriations Act and New CM/ECF Events
- Southern District of MS – The Honorable Neil P. Olack will retire on 6/30/21
IN CASE YOU MISSED IT . . .
Critical Case Comment
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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June 28, 2021
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Archives |
Critical Case Comment
Remember, Landlords Are Sacred Cows in Bankruptcy
Phil Lamos – Humble Sage
Student Loans and the Supreme Court
- That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy
Foreclosure Ban Extended
ACT 12 (Association of Chapter 12 Trustees)
NACTT LIVE! July 7-10 – Still time to register with no late fee!!
Don’t Miss the Fun – Register NOW
Click here for the Program
Click here for the In-Person Registration NOW!
Not yet ready/can’t travel, the conference is being offered virtually.
“Business Day”
CFPB Issues Statement on Juneteenth Bill Truth in Lending Act Issue (You need to read this one . . . regarding “business day” under Regulation Z)
Positions Open
- Chapter 12 Trusteeship – Western, Middle and Eastern Districts of Louisiana – Application Deadline July 7
- Term Law Clerk Northern District of Mississippi – Application Deadline July 9
Student Loan Chronicles
From the Courts
- District of South Carolina – New Law Clerk for Judge Waites
- Northern District of GA – Consolidated Appropriations Act and New CM/ECF Events
- Southern District of MS – The Honorable Neil P. Olack will retire on 6/30/21
- District of MN – Tricia Pepin Selected as Next Clerk of the Bankruptcy Court
- District of MN – Proposed Changes to Chapter 13 Plan
- Northern District of GA – Nancy Whaley appointed Interim Trustee for cases formerly assigned to Mary Ida Townson
Sanctions and Irony and Fraud, Oh My!
- Omega Insurance Surrogacy Scandal Surpasses $6M in Claims – Yes, the victims were insured. But no, the insurance policy is not paying covered claims.
IN CASE YOU MISSED IT . . .
List It or Lose It: When Actual Knowledge Isn’t Enough
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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June 21, 2021
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Archives |
List It or Lose It: When Actual Knowledge Isn’t Enough
Helping Our Clients Stay Afloat and Get Past the Covid-19 Tsunami
Retired Judge Passes Away
NACTT ANNUAL CONFERENCE LIVE! July 7-10
D.C. IS OPEN!! The program is phenomenal. BE THERE!
Along with the trial skills presentations and the ever popular Case Law Update, Keeping the Home and Paying the Mortgage Creditor won’t be just another mortgage panel – it will be cutting edge with information you will hear first at NACTT!
For anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.
Click here for the LIVE Registration NOW!
Judge Retires
U.S Bankruptcy Court Judge Robert Kressel Retires After Nearly 40 Years of Service
Click here for more information on Judge Kressel
New Judge Announced
Click here for more information on McAfee
Free On-Line Seminar
From the Courts
- Delaware Bankruptcy Bench Is at Full Strength with Addition of Judge Craig Goldblatt
- Southern District of MS – The Honorable Neil P. Olack will retire on 6/30/21
- District of MN – Tricia Pepin Selected as Next Clerk of the Bankruptcy Court
- District of MN – Proposed Changes to Chapter 13 Plan
- Western District of MI – Administrative Order 2021-2 Regarding Interim Amendment of LBR 4001-1(b) and Deemed Waiver of Time Limits Under 11 U.S.C. Section 362(e)(1)
- Northern District of GA – Nancy Whaley appointed Interim Trustee for cases formerly assigned to Mary Ida Townson
- Western District of VA – New Local Rule regarding dismissal of certain adversaries
- District of MN – New Local Rules – Click here for red-lined version
- District of AZ – Transitioning to NextGen June 28th. Downtime starting Thursday, June 24, at 5:00pm through Monday, June 28, at 8:30am (MST)
For Your Blog
More Than a Third of Volunteers in a Consumer Reports Study Found Errors in Their Credit Reports – Here’s how to find and fix mistakes and avoid paying for a ‘free’ report
Sanctions and Irony and Fraud, Oh My!
- Choctaw County Man Accused of Lying About Purple Heart Admits Fraud: Alleged Scheme Cost Government More Than $800,000
IN CASE YOU MISSED IT . . .
Objections to Claims: Two of These Creditors Are Not Like the Others
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUBCHAPTER V (Not password protected)
HEALTH AND WELLNESS (Not password protected)
THIS IS JUST FUNNY (Not password protected)
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June 14, 2021
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Archives |
Critical Case Comment
Objections to Claims: Two of These Creditors Are Not Like the Others
Passing of a Legend
NACTT ANNUAL CONFERENCE LIVE!
The National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.
The program is phenomenal – click here to check it out.
Wanna head back to live court with better trial skills? THREE hours of trial skills at no additional cost! Not interested in how to properly introduce evidence, Don’t Forget Me! has you covered. A panel of the best of the best discussing a myriad of issues – confirmation, post-confirmation, and even post-discharge along with vesting and more.
Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.
Click here for the LIVE Registration NOW!
Free On-Line Seminar
Then & Now: Rucker ‘At Home’ As New Federal Bankruptcy Judge
Webinar Recording Now Available
Credit Union Issues in Chapter 13
Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.
The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? JOIN NOW.
Position Postings
Trusteeship
- Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21
- Southern District of Texas, Brownsville, Corpus Christi and McAllen Divisions – Application deadline 6/22/21
Law Clerk
Student Loan Chronicles
From the Courts
- U.S. Judicial Conference Urges Senate to Back Security Funding
- Western District of MI – Administrative Order 2021-2 Regarding Interim Amendment of LBR 4001-1(b) and Deemed Waiver of Time Limits Under 11 U.S.C. Section 362(e)(1)
- Northern District of GA – Nancy Whaley appointed Interim Trustee for cases formerly assigned to Mary Ida Townson
- Western District of VA – New Local Rule regarding dismissal of certain adversaries
- District of MN – New Local Rules – Click here for red-lined version
- District of OR – Implementation of new calendar system (CHAP) will occur on May 24
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- District of AZ – Transitioning to NextGen June 28th. Downtime starting Thursday, June 24, at 5:00pm through Monday, June 28, at 8:30am (MST)
IN CASE YOU MISSED IT . . .
A Consideration of Employer Required COVID-19 Vaccinations
In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.
Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE FAMILY VACATION DEPARTMENT (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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June 7, 2021
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Archives |
Measuring Success in Chapter 13: Five Years Later
“Five years ago, I wrote an article for this publication,‘Measuring Success in Chapter 13,’ where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter13 cases.”
It appears this statistic is STILL being quoted. Here, Judge Lynch sets the record straight.
A Consideration of Employer Required COVID-19 Vaccinations
In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.
Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.
NACTT ANNUAL CONFERENCE LIVE!
The National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.
The program is phenomenal – click here to check it out.
Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.
Click here for the LIVE Registration NOW!
Conflict Avoidance
Understanding your colleagues and/or co-workers, and even yourself, can help ease conflicts.
Does it drive you crazy when people don’t honor ‘your’ time? Or, are you confused when you are ONE MINUTE late and someone is really ticked off about it!
Understanding personality types can help people described in either of these questions. Meeting Time is a short, easy read but a GREAT reminder that we are all different.
Passing of Big Picture Thinker
Passing of Stuart Gold
Webinar Recording Now Available
Credit Union Issues in Chapter 13
Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.
The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? Join NOW.
From the IRS
Looking Ahead: How the American Rescue Plan Affects 2021 Taxes: Part 1 and Part 2 (Not sure how much this matters but it appears there is money your clients could be leaving on the table – even EITC for people who don’t have children.)
A popular item from 5/24 – 6 Million Tax Returns Are ‘In Suspension’ at the IRS, and That’s Preventing Many Families from Receiving Valuable Tax Credit
On the CFPB
Position Postings
Trusteeship
- Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21
- Southern District of Texas, Brownsville, Corpus Christi and McAllen Divisions – Application deadline 6/22/21
Law Clerk
From the Courts
- District of MN – New Local Rules – Click here for red-lined version
- Western District of VA – Reopening of in-person hearings (Beginning to see a lot of these!!)
- Eastern District of TN – Resumption of Handwritten Signature Requirement – Note that this is happening across the country – be sure to check your local rules.
- District of SC – Best Wishes to Andrew Powell and Agnes Babb – (Powell will serve as the staff attorney for new chapter 13 trustee, Annemarie Mathews.)
- District of OR – Implementation of new calendar system (CHAP) will occur on May 24
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- District of AZ – Transitioning to NextGen June 28th. Downtime starting Thursday, June 24, at 5:00pm through Monday, June 28, at 8:30am (MST)
For Your Blog
IN CASE YOU MISSED IT . . .
Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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May 31, 2021
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Archives |
As we remember those who have served, we at
ConsiderChapter13.org are taking a much needed break.
We hope that you will take this opportunity to catch up on the
many excellent articles and/or webinars for which
you’ve been trying to find time.
We are already working on an exciting new update for June 7th.
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May 24, 2021
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Archives |
Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility
What the FICO? Reaffirming Doesn’t Help My Credit Score?
The fact that reaffirmation decisions are subject to more variables doesnot mean attorneys can just “go along” with Debtors – at least under Anzaldo, debtors’ attorneys need to stay informed and have a sound basis for signing off on the “attorney certification”.
See also:
Reaffirmations Impose Impossible Demands on Bankruptcy Counsel
Chapter 13 Trustee Change
New Paper from Yale Law Review
Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)
On the CFPB
- CFPB Takes Action Against Debt-Settlement Company DMB Financial for Charging Consumers Unlawful Fees – Proposed Settlement Would Require DMB to Pay $5.4 Million to Consumers
Position Postings
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Law Clerk
E.D. of Michigan – Application deadline 5/28/21
Northern District of OH
From the Courts
- Eastern District of TN – Resumption of Handwritten Signature Requirement – Note that this is happening across the country – be sure to check your local rules.
- District of OR – Implementation of new calendar system (CHAP) will occur on May 24
- Northern District of OK – Court and Federal Building closed Friday, May 28, in observance of the Tulsa Race Massacre
- Districts of WA – Washington State Legislature Significantly Amends Homestead Law Effective May 12, 2021
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Eastern District of MI – Notice Regarding Disclosure for Domestic Support in Chapter12
- Northern District of IL – Transitioning to NextGen 5/24/21
For Your Blog
FEMA Offers Financial Assistance for COVID-Related Funeral Expenses
The Benefits Division would like to make sure all are aware that under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021, FEMA is providing financial assistance for COVID-19 related funeral expenses incurred after January 20, 2020. This assistance is available to any eligible individuals, not just federal employees.
IN CASE YOU MISSED IT . . .
Tell the Story
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”
(Be sure to note the reinforcing comment from a Bankruptcy Judge at the end of this article.)
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MILITARY MATTERS (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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May 17, 2021
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Tell the Story
From the Editor – Claims
This week, Judge Brown, takes a look at four cases, each dealing with a claims issue.
Legislation Update
- A Trump Rule Paved the Way for Predatory Lending – Window to Reverse It Is Closing (Good background story written just prior to Senate vote)
New Paper from Yale Law Review
Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)
Illinois Judge Retires
Position Postings
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Law Clerk
United States Bankruptcy Court for the E.D. of Michigan
Student Loan Chronicles
From the Courts Extra
From the Courts
- Districts of WA – Washington State Legislature Significantly Amends Homestead Law Effective May 12, 2021
- Eastern District of MI – Notice Regarding Disclosure for Domestic Support in Chapter12
- Eastern District of MO – How to be Successful in Bankruptcy Court
- District of SC – Summary of Recent Changes to Local Rule 9013-4 and Other Recent Guidance (Judge Waites)
- Southern District of FL – Guidelines for Preparing, Submitting and Serving Orders (completely changed)
- District of CO – Increase in Presumptively Reasonable Fee Allowance
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Eastern District of MI – Transitioning to Next Gen 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
IN CASE YOU MISSED IT . . .
Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
MILITARY MATTERS (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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May 10, 2021
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Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka
Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action
The Biggest News of the Week
CARES Act Financial Hardship ‘Laundry List’
In the “Just Plain Interesting” Category
Registration for Online Event
On the CFPB
- Making Ends Meet Series: Consumer Use of Payday, Auto Title, and Pawn Loans – In a new report in the CFPB’s Making Ends Meet series, we find that consumers who use a payday, auto title, or pawn loan in one year are often still using that type of loan a year later. Some users of these services have lower cost credit available on credit cards, while others lack access to traditional credit. Among payday, auto title and pawn loan borrowers who experience significant financial shocks, the costs of these shocks often exceed other possible sources of funds.
Two important items from last week . . .
- CFPB Delays Mandatory Compliance Date for General Qualified Mortgage Final Rule from July 1, 2021 to October 1, 2022
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
Eviction Ban
- Federal Judge Vacates CDC’s Nationwide Eviction Moratorium (But it doesn’t really change anything.)
- Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (Even in light of the CDC’s order, some states are allowing evictions to proceed – this website has a nifty list by state of who is doing what. Updated 5/5/21)
Position Postings
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21
From the Courts
- Eastern District of MO – How to be Successful in Bankruptcy Court
- District of SC – Summary of Recent Changes to Local Rule 9013-4 and Other Recent Guidance (Judge Waites)
- District of ND – Beginning May 3, Court will file digital audio recordings of oral orders and rulings from the bench, allowing the public to access them through PACER
- Southern District of FL – Guidelines for Preparing, Submitting and Serving Orders (completely changed)
- District of CO – Increase in Presumptively Reasonable Fee Allowance
- District of NM – New Plan and Local Rule Effective 5/1/21
- Middle District of GA – New Local Rules
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Eastern District of MI – Transitioning to Next Gen 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
For Your Blog
IN CASE YOU MISSED IT . . .
Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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May 3, 2021
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Archives |
Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart
Critical Case Comment
Registration for Online Event
On the CFPB
- CFPB Delays Mandatory Compliance Date for General Qualified Mortgage Final Rule from July 1, 2021 to October 1, 2022
Hunstein v. Preferred Collection & Mgmt. Services, Inc.
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.
The supplemental materials are in Part XV and is designed as a “pocket part.”
As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.
From the IRS
From NCBRC
Debtor Loses the Battle but Wins the War – Confirmed plan binds county tax creditor even though plan did not provide for the interest claimed in its post-confirmation proof of claim where the county had notice of the plan and failed to object to confirmation. In re Bird, 624 B.R. 841 (Bankr. N.D. Ill., Feb. 2, 2021) (case no. 1:17-bk-2072).
Debtor May Avoid County Tax Foreclosure Sale – County’s tax sale of debtor’s farm was avoidable as constructively fraudulent under section 548, where debtor was insolvent at the time of the title transfer and the tax debt was substantially less than fair market value of the property. DuVall v. County of Ontario, No. 19-20179, Adv. Proc. No. 19-2011 (Bankr. W.D. N.Y. Feb. 18, 2021).
Eviction Ban
- Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (Even in light of the CDC’s order, some states are allowing evictions to proceed – this website has a nifty list by state of who is doing what. Updated 4/26/21)
Position Postings
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Term Law Clerks – District of Colorado
From the Courts
- District of SC – Summary of Recent Changes to Local Rule 9013-4 and Other Recent Guidance (Judge Waites)
- District of ND – Beginning Monday, May 3, 2021, the United States Bankruptcy Court for the District of North Dakota will file digital audio recordings of oral orders and rulings from the bench, allowing the public to access these recordings online through the Public Access to Court Electronic Records (PACER)
- Southern District of FL – Guidelines for Preparing, Submitting and Serving Orders (completely changed)
- District of CO – Increase in Presumptively Reasonable Fee Allowance
- District of NM – New Plan and Local Rule Effective 5/1/21
- Middle District of GA – New Local Rules
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
For Your Blog
- Federal Aid to Renters Moves Slowly, Leaving Many at Risk – Congress allocated $25 billion in December and another $21 billion in March to help people who fell behind on rent during the pandemic. Little has reached landlords or tenants.
- Information for Student Loan Borrowers – Principal and interest payments on federally held student loans are automatically suspended through September 30, 2021.
Sanctions and Irony and Fraud, Oh My!
Student Loan Chronicles
- Student-Loan Borrowers Are Battling for Relief Even after Biden’s Administration Canceled $2.3 Billion: ‘We were taken advantage of’
IN CASE YOU MISSED IT . . .
Did Congress Mean What It Said in Section 1328(i)?
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
SUBCHAPTER V (Not password protected)
HEALTH AND WELLNESS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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April 26, 2021
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Archives |
Did Congress Mean What It Said in Section 1328(i)?
I’ve Looked at Clouds from Both Sides Now
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.
The supplemental materials are in Part XV and is designed as a “pocket part.”
As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.
From the IRS
- Why Tax Refunds Are Taking Longer Than Usual (Article starts out somewhat elementary but then provides some useful information.)
From the National Consumer Law Center
Eviction Ban
- Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (Even in light of the CDC’s order, some states are allowing evictions to proceed – this website has a nifty list by state of who is doing what. Updated 4/20/21)
Position Postings
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21Term Law Clerks – District of ColoradoTerm Law Clerks – Northern District of Indiana DISTRICT CourtPaid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.
From the Courts
- Southern District of FL – Guidelines for Preparing, Submitting and Serving Orders (completely changed)
- District of CO – Increase in Presumptively Reasonable Fee Allowance
- District of NM – New Plan and Local Rule Effective 5/1/21
- Middle District of GA – New Local Rules
- District of Columbia – Comment Invitation – Plan and New Local Rule
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
Student Loan Chronicles
- Information for Student Loan Borrowers – Principal and interest payments on federally held student loans are automatically suspended through September 30, 2021.
IN CASE YOU MISSED IT . . .
Of Tax Refunds, Exemptions, Setoffs, and Roman Gods
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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April 19, 2021
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Archives |
Of Tax Refunds, Exemptions, Setoffs, and Roman Gods
Bankruptcy Courts Grapple with the “COVID-19 Discharge”
New Judge Appointed
New Term of the Week
What the heck is blockchain?
From Epiq: The Future of Blockchain and eDiscovery: What Should the Legal Industry Expect? (Not specific to Chapter 13 – If you don’t care what bitcoin is, you probably won’t care about blockchain.)
Eviction Ban
- Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (Even in light of the CDC’s order, some states are allowing evictions to proceed – this website has a nifty list by state of who is doing what.)
Position Postings
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21Term Law Clerks – District of ColoradoTerm Law Clerks – Northern District of Indiana DISTRICT CourtPaid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.
Fair Credit Reporting Act
From the Courts
- District of CO – Increase in Presumptively Reasonable Fee Allowance
- District of NM – New Plan and Local Rule Effective 5/1/21
- Middle District of GA – New Local Rules
- District of Columbia – Comment Invitation – Plan and New Local Rule
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Southern District of FL – New Student Loan Program Effective 5/3/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Central District of CA – Transitioning to NextGen 4/26/21 – CM/ECF will be down from noon on Thursday, 4/22 until 9:00 a.m. Monday 4/26
For Your Blog
- $1,400 Stimulus Checks Can Be Garnished for Unpaid Debts. Some states are working to prevent that
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Federal Payments for Foster Care and Adoption Assistance in Bankruptcy
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
SUBCHAPTER V (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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April 12, 2021
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Archives |
Federal Payments for Foster Care and Adoption Assistance in Bankruptcy
Finally, Some Good News, Well At Least in Our Business
- March Total Bankruptcy Filings Increase 39% from Previous Month; First Quarter Bankruptcies Down 40% from 2020
But Then There is a Flip Side
From Credit Slips: Bankruptcy Filings Are Still Super Low–Don’t Believe the Headlines
Extension of CARES Act Provisions
- Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021 – H.R.1651 – No longer legislation but actual law, signed by the President 3/27/21.
Bankruptcy Study by Foohey, Lawless and Thorne
As with The Bill proposed last year, many aspects of this study will be controversial.At base it says nothing negative about Chapter13 other than people’s financial problems don’t fit neatly into either Chapter 7 or Chapter 13thus is supportive of the proposed bankruptcy-a-la-carte bill. The study seems to come down emphatically that much of what drives people to seek bankruptcy has to do with societal inequities and the lack of a functioning safety net.See also:
Foreclosure Ban
- From Housingwire: CFPB Proposes Foreclosure Ban until 2022 – Amending Regulation X to give servicers and homeowners more time to work through options
- Does CFPB Have Authority to Postpone Foreclosures? Proposal may force servicers to violate covenants of investors who bought the loan
Another ‘Good News’ Headline Only Consumer Bankruptcy Attorneys will Appreciate
Risky Borrowers Are Falling Behind on Car Payments (Wall Street Journal Subscriber Only Article – Below is the free blurb)
More subprime borrowers are missing monthly payments on their cars and trucks, pointing to an uneven economic recovery. Some 10.9% of subprime borrowers with outstanding auto loans or leases were more than 60 days past due in February, up from 10.7% in January and 8.7% a year prior, according to credit-reporting firm TransUnion. It marked the sixth consecutive month-over-month increase and the highest level in monthly data going back to January 2019.More than 9% of subprime auto borrowers were more than 60 days past due in the fourth quarter, the highest quarterly figure in data going back to 2005.Not Password Protected on the Same Topic:
From SCOTUS
Eviction Ban
- Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (Even in light of the CDC’s order, some states are allowing evictions to proceed – this website has a nifty list by state of who is doing what.)
- ‘The Exact Wrong Time:’ Evictions resume (in Hamilton County, Ohio) as pandemic-triggered moratorium is put in doubt
Positions Open
Judgeship
- Middle District of Florida – Application deadline 6/7/21
Trusteeship
- Eastern District of Pennsylvania – Application deadline 4/30/21
From the IRS
- Treasury/IRS Provide Guidance on Tax Relief for Deductions for Food or Beverages from Restaurants – Businesses can temporarily deduct 100% beginning Jan. 1, 2021 (Save those receipts!)
- IRS Extends Additional Tax Deadlines for Individuals to May 17 – Time to make contributions to IRAs and health savings accounts extended to May 17
- Click here for Previous Announcement
- IRS Reminds Taxpayers to Make April 15 Estimated Tax Payment (In case there was any question – paperwork deadlines are extended but NOT payment!)
Taxation
See also Academy Resource:
From the Courts
- Middle District of GA – New Local Rules
- District of Columbia – Comment Invitation – Plan and New Local Rule
- Middle District of FL –Judge Jennemann has announced her retirement effective 2/22
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Southern District of FL – New Student Loan Program Effective 5/3/21
- Middle District of FL – Proposed Local Rules Available for Comment
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Central District of CA – Transitioning to NextGen 4/26/21 – CM/ECF will be down from noon on Thursday, 4/22 until 9:00 a.m. Monday 4/26
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- Bankruptcy Judge Grants Extra Time to Probe Zayat’s Finances – Judge overseeing Ahmed Zayat’s Chapter 7 ordered trustee will have through Apr. 30 to pore over financial documentation to make sure the allegedly insolvent owner and breeder of Triple Crown champ American Pharoah isn’t hiding assets.
IN CASE YOU MISSED IT . . .
The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.Click here for Part 1- The Circuits Begin to Line Up
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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April 5, 2021
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Archives |
Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021
The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.
United States Trustee Program Alert
In case you missed this last week . . . Notice to Chapter 7 and 13 Trustees Regarding Treatment of Recovery Rebates and Tax Credits for Consumer Bankruptcy Debtors Under the American Rescue Plan Act of 2021
“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”
Tax on Unemployment Benefits Your Client Never Received – How to Fight Back Against Scams
Although written for Californians, this is a huge, national issue. Simply replace the acronym EDD for your state’s unemployment entity.See also:
From SCOTUS
Eviction Ban
- Federal Eviction Moratorium Extended Just 2 Days Before Expiration (Extended thru June of this year)
From the IRS
- IRS Extends Additional Tax Deadlines for Individuals to May 17 – Time to make contributions to IRAs and health savings accounts extended to May 17
- Click here forPrevious Announcement
From the CFPB
- CFPB Rescinds Series of Policy Statements to Ensure Industry Complies with Consumer Protection Laws (Pertains to mortgages, credit reporting, credit cards and prepaid cards)
Subchapter V
From the Courts
- Eastern District of WI – Mandatory Use of Revised Model Plan Effective 6/1/21
- Southern District of FL – New Student Loan Program Effective 5/3/21
- Middle District of FL – Proposed Local Rules Available for Comment
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Central District of CA – Transitioning to NextGen 4/26/21 – CM/ECF will be down from noon on Thursday, 4/22 until 9:00 a.m. Monday 4/26
Student Loan Chronicles
Coronavirus and Forbearance Info for Students, Borrowers, and Parents – Updated 3/30/21
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Critical Case Comment
Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge.See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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March 29, 2021
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Critical Case Comment
United States Trustee Program Alert
Legislation to Watch
- H.R. 1651: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed the House 3/17
- S. 473: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed Senate 3/24 with Amendment (S.Amend. 1407).
Passed the House with Amendment 3/26 and is expected to be signed by the President on 3/28.
From the Editor
Even during spring break, Judge Brown made time to find two cases of interest regarding lien modification:
From the IRS
- Face Masks and Other Personal Protective Equipment to Prevent the Spread of COVID-19 Are Tax Deductible (Nice of the IRS but with current Standard Deductions who does this really help?)
- Tax Day for Individuals Extended to May 17 (From April 15th)
Subchapter V
From the Courts
- Middle District of FL – Proposed Local Rules Available for Comment
- District of KS – Revised Local Rules effective 3/17/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21 – CM/ECF will be shut down from Thursday 4/1 through 8 am Monday 4/4
Student Loan Chronicles
- Student Debt “Feels Like Quicksand” Is loan forgiveness the answer?
- An Extremely Important Statistic About Student Debt That Has Never Been Published – Dept. of Education does not actually publish straightforward figures tracking how much money it collects each year. The data the agency releases annually combines the regular principal and interest collections with the massive number of loan consolidation payments borrowers make each year, which doesn’t really tell us how much of their own money Americans are paying toward loans.
IN CASE YOU MISSED IT . . .
6 Steps to Ethical Unbundling of Bankruptcy Representation
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected) 
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March 22, 2021
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6 Steps to Ethical Unbundling of Bankruptcy Representation
The American Rescue Plan
The new $1,400 per person stimulus checks could be garnished for unpaid debts. Why this one but not the previous two?Reconciliation. Reconciliation in this context is a way for Congress to enact legislation on taxes, spending, and the debt limit with only a majority (51 votes, or 50 if the vice president breaks a tie) in the Senate, avoiding the threat of a filibuster, which requires 60 votes to overcome. Because Democrats have 50 seats in the Senate—plus a Democratic vice president—reconciliation is a way to get a tax-and-spending bill to the president’s desk even if all 50 Republicans oppose it.More information:
- CFPB Steps in to Help Shield Consumers from Having Their Stimulus Check Garnished by Creditors – The agency says banks are willing to help consumers who are affected by this issue
- From the Auto Industry: CFPB Wants Stimulus Payments to Go to Consumers, Not Collectors
Legislation to Watch
- H.R. 1651: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed the House 3/17
- S. 473: COVID–19 Bankruptcy Relief Extension Act of 2021 (Bill is only 2 pages long.)
From the Editor
Judge Brown found some cases of interest regarding plan modification:
Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions
More on Fulton
Chapter 12 Conference Farm Reorganization
July 22, 23 & 29, 30, 2021 – VIRTUAL
From the IRS
- Tax Day for Individuals Extended to May 17 (From April 15th)
- IRS Office of Chief Counsel Unveils National Virtual Settlement Days – IRS Office of Chief Counsel has embarked on its most far-reaching Settlement Days program ever, declaring the month of March 2021 (nice of them to announce this on March 18th) as “National Settlement Month.” If you have clients with IRS issues, this may be of interest to you. BUT if we are reading this properly, they would have to participate without counsel.
Positions Open
- Sixth Circuit announced final 5 candidates for Eastern District of Michigan judgeship. They request comments in order to narrow 5 to 3.
- District of Minnesota – Term Law Clerk
- District of Maryland – Term Law Clerk
Subchapter V
From the Courts
- Middle District of FL – Proposed Local Rules Available for Comment
- District of KS – Revised Local Rules effective 3/17/21
- District of NJ – Zoom Trial Guidelines
- Eastern District of MI – Transitioning to NextGen 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21 – CM/ECF will be shut down from Thursday 4/1 through 8 am Monday 4/4
For Your Blog
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- Texas Energy Company that Charged Huge Electric Bills During Storm Files for Bankruptcy (This is all kinds of Oh My!)
IN CASE YOU MISSED IT . . .
Critical Case Comment
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
JUST FOR FUN (Not password protected) 
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March 15, 2021
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Critical Case Comment
The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up
From the Editor
Judge Brown had a little time on his hands this week and brings us two cases of interest:
Serendipity, a Tribute to Judge Jack B. Schmetterer
Chapter 13 Practice and Procedure
The Advisory Committee on Bankruptcy Rules Needs Your Help
Positions Open
- District of Maryland – Term Law Clerk
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
Subchapter V
- What Qualifies as “Engaged in Business or Commercial Activities” for Subchapter V Eligibility? (In re U Stop)
- Reminder – March 27 is the Current Deadline to decrease the cap back to $2,725,625, although an extension has been proposed.
From the Courts
- District of NJ – New Motion for Discharge Pursuant to § 1328(i)
- Eastern District of TN – New CM/ECF Dictionary Events for Section 1328(i) Discharge
- Middle District of GA – Amendment to LBR 9013-3 Certificate of Service – Motions
- Middle District of NC – New local form Motion for Entry of Discharge Section 1328(i)) and other issues
- Northern District of OK – New policy regarding motions for relief from stay
- District of SC – Revised Conduit Orders (Judges Duncan and Waites)
- Northern District of GA – Transitioning to NextGen 8/9/21
- District of AZ – Transitioning to NextGen 6/28/21
- Eastern District of MI – Transitioning to NextGen 6/1/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected) 
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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March 8, 2021
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Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA
An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years
More on Fulton
The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.Other resources on Fulton (Password Protected):
- Turnover by Motion? How About Under Rule 6008? By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
- City of Chicago v. Fulton: What SCOTUS Did Not Say Webinar Recording – Without a doubt, one of the best webinars we have ever produced
Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.
From the Advisory Committee on Bankruptcy Rules
Of Interest to, Well, Everyone
From the United States Courts
Farmers in the News
New Judge Appointed
Positions Open
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Northern District of Mississippi – Term Law Clerk to Judge Selene D. Maddox – Application due date 3/12/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
Subchapter V
- Reminder – March 27 is the Current Deadline to decrease the cap back to $2,725,625, although an extension has been proposed.
From the Courts
- Eastern District of TN – New CM/ECF Dictionary Events for Section 1328(i) Discharge
- Middle District of GA – Amendment to LBR 9013-3 Certificate of Service – Motions
- Middle District of NC – New local form Motion for Entry of Discharge Section 1328(i)) and other issues
- Northern District of OK – New policy regarding motions for relief from stay
- District of OR – Kirsten Wilkinson Selected as Next Clerk of Court
- Northern District of IL – Revised Court-Approved Retention Agreement for cases filed on or after March 15, 2021
- District of SC – Changed Till rate
- District of SC – Revised Conduit Orders (Judges Duncan and Waites)
- Eastern District of OK – Transitioning to NextGen 4/1/21
For Your Blog
- HUD.gov has a good all-in-one-place resource for homeowners – Special COVID-19 Mortgage Relief for Homeowners with FHA-Insured Single Family Mortgages
- New Rules for Self-Employed and Gig Workers Applying for PPP Loans Are Out. Here’s What You Need to Know
IN CASE YOU MISSED IT . . .
Reaffirmations Impose Impossible Demands on Bankruptcy Counsel
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected) 
DEBT AND THE ECONOMY (Not password protected)
HEALTH AND WELLNESS (Not password protected)
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March 1, 2021
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Turnover by Motion? How About Under Rule 6008?
Webinar Recording Now Available
Without a doubt, one of the best webinars we have ever produced.Chapter 13 Trustee Jody Bledsoe, along with noted attorneys Richard Parker and Tony Sottile, engage in a one-hour presentation on the recent Fulton decision. Our expert panel digs into what the Supreme Court did not rule on in this case. They also drill down into §§ 362 and 542 to look at adversary proceeding vs. motion for turnover.A few comments we received:
- I think you guys have the most quality programming in bankruptcy-centric circles
- Very interesting webinar
- Webinar had some very practical suggestions for dealing with the complications/extra work created by The Supremes
- Excellent
Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.
Or click here for a discounted offer.
Reaffirmations Impose Impossible Demands on Bankruptcy Counsel
Farmers in the News
Farm Bankruptcies During 2020 – Filings Drop 7% During 2020, Not Out of the Woods Yet
Legislation to Watch
Durbin, Grassley Introduce Bipartisan Legislation to Extend CARES Act Bankruptcy Relief Provisions ( . . . ‘til March 2022. Oy vey)
Credit Scores in the News
Positions Open
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Northern District of Mississippi – Term Law Clerk to Judge Selene D. Maddox – Application due date 3/12/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
- District of Puerto Rico – Judgeship – Application due date 3/3/21
New Supplemental Proof of Claim Form
Subchapter V Reminder – March 27, 2021 Current Deadline
From the Courts
- Southern District of Ohio – Increased No Look Fee
- Western District of Michigan – Attn: Debtor Attorneys – To be considered for increased Fee Memorandum rates, you must certify your attendance at 2020 bankruptcy legal education by completing and submitting Exhibit 6.
- Northern District of Illinois – Revised Court-Approved Retention Agreement for cases filed on or after March 15, 2021
- District of South Carolina – Changed Till rate
- District of South Carolina – Revised Conduit Orders (Judges Duncan and Waites)
- Western District of Pennsylvania – Increase in Loss Mitigation Program Fee Limits
- District of Nevada – Mortgage Modification Program Fee Updates
- Middle District of Florida – Judge Colton Only Chpt 13 Hearing Procedures effect 3/1/21 – IMPORTANT
- District of Minnesota – Proposed Abrogation of Local Rule 1007-4(b) and Proposed New Local Rule and Form 2016-2 regarding disclosure of atty fees in adversaries.
- Northern District of New York – Loss Mitigation Procedures revised to clarify the process for participation when a motion to terminate the automatic stay has been granted as to real property. The revisions to Part V (A) and (B) provide for uniformity in practice across the divisions. Click here for a redline of the revisions.
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Middle District of Alabama – Transitioning to NextGen 3/8/21 – ECF will be unavailable from noon on Friday the 5th through 7am Monday
- District of Maryland – Transitioning to NextGen 5/10/21
- Eastern District of Michigan – Transitioning to NextGen 6/1/21
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance This is not a typical debt collector story. It reveals an atypical scam, the depths of which you need to have a passing knowledge of.
IN CASE YOU MISSED IT . . .
Chapter 13 – It’s Good To Have A Plan
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
