Ask Ms. Ps & Qs

Dear Readers:

In the spirit of April (including April Fool’s Day, which is when I’m writing this column),1 here are some headlines that I’d love to see:

Headline #1: Court enforces penalty for debt relief agency that is not in compliance with Sections 526-528.

In a stunning reversal of years of silence, a bankruptcy court in the District of Moot has decided that it has had enough of debt relief agencies that don’t comply with the Code sections governing their behavior. As punishment for . . .

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2 Million ITINs Set to Expire in 2019; To Avoid Refund Delays Apply Soon

October 13, 2019

Taxpayers with expiring Individual Taxpayer Identification Numbers (ITINs) can get their ITINs renewed more quickly and avoid refund delays next year by submitting their renewal application soon, the Internal Revenue Service said 10/10/19. An ITIN is a tax ID number used by taxpayers who don’t qualify to get a Social Security number. Any ITIN with middle digits 83, 84 ....

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Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

March 26, 2023

Introduction Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized 2022 . . . It looks...

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Escrow 102 – Part 1 of 4

September 26, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 - Part 2 Escrow 101 – Part 3 Escrow 102 – Part 2

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Will Getting Home Mortgage Forbearance Save Your Client’s Home?

April 19, 2020

By Cathy Moran, Esq. (Redwood City, CA) Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help they think it is. And the lifeline may be far more fragile than they...

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Representing Elderly Clients in Bankruptcy – Part 1 of 3

January 5, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Overview Filing considerations. Perfect Storm! Pensions going down. Healthcare costs going up. Home Equity high. Medical debts increasing. Limited income. Common considerations. Embarrassment. Many of the elderly are from a generation which regards bankruptcy as an indication of moral failure and shame. Confidentiality. May not want family members, including a spouse,...

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Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

September 8, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

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The Gambling Debtor – What is a Chapter 13 Trustee to Do?

Stacey A. O’Stafy

January 28, 2024

Gambling was one of the earliest forms of entertainment, likely pre-dating recorded human history and before man invented minted currency. . . . gambling alone is not evidence of bad faith! Another article on this topic: If You’re Gonna Bet the Farm, Maybe Play Against the House

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

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

October 25, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Part V – Consumer Foreclosure Procedures (Continued) Introduction In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In...

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Related Articles

2 Million ITINs Set to Expire in 2019; To Avoid Refund Delays Apply Soon

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure

Escrow 102 – Part 1 of 4

Will Getting Home Mortgage Forbearance Save Your Client’s Home?

Representing Elderly Clients in Bankruptcy – Part 1 of 3

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

The Gambling Debtor – What is a Chapter 13 Trustee to Do?

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

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

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