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This Week's Featured Articles

What About Conditional Confirmation?

Henry E. Hildebrand, III

April 14, 2024

It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

Members

The Means Test Income

Cathy Moran

April 14, 2024

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

Members

Sub V Update

Paul W. Bonapfel

April 14, 2024

Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

From the Archives – An Oldie but Goodie

Nancy B. Rapoport

April 14, 2024

Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.

Members

Curated (Free) Selections

Judge to Retire

Rucker Retires

Judge Shelley D. Rucker of the U.S. Bankruptcy Court for the Eastern District of Tennessee retired.

Sanctions and Irony and Fraud, Oh My!

In the “Oh My” Category: Townson v. Kakol (In re Day) - Among the major issues in this case is whether an attorney violated the Georgia Rules of Professional Conduct regarding conflicts of interest and limitations on representation by accepting his fee from a prospective home purchaser to file a skeletal Chapter 13 bankruptcy petition for an elderly debtor to invoke the automatic stay to stop a foreclosure - and then do nothing else so that the case could be quickly dismissed - for the sole purpose of buying time so the purchaser, who also selected the debtor's attorney, could acquire the debtor's home at a fire sale price, which would have cost the debtor substantial equity, and which home the debtor really did not want to sell? The answer to that question is yes, those Georgia Rules of Professional Conduct were violated by the attorney's conduct on the facts of this case.

Maryland Man Indicted for Attempting to Defraud Twenty-Eight Federal Bankruptcy Courts Out of More Than $1.8 Million in Unclaimed Funds

Student Loans Chronicles

An Appeals Court Blocks a Debt Relief Plan for Students Who Say They Were Misled by Colleges

Biden Announces New Student Debt Relief Plan for Millions of Borrowers

Student Loan Forgiveness

For Your Blog

Best Foods for A Healthy Brain and Improved Memory

Get Your Refund Faster: Tell IRS to Direct Deposit Your Refund to One, Two, or Three Accounts

IRS Free File: Do your taxes for free

From the Courts

M.D. NC - Review proposed amendments to the form Chapter 13 Plan – comment by 5/8/24.

C.D. CA - Comment Period for Court’s Proposed Strategic Plan ends 6/12/24

W.D. TN - Comments sought regarding the reappointment of the Hon. Jennie D. Latta. Link to full public notice

M.D. AL - New rules are available here. New forms are available here. There is also a list of changes broken down by rule and a list of all motions that can be filed by negative notice.

D. SC – Practice Reminders from the judges

W. and E. D. MI - Michigan Court Rule 2.421 regarding Notices of Bankruptcy Proceedings takes effect on 5/1/24.

Current Articles

Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

Members

Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

M. Jonathan Hayes

April 7, 2024

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

Members

From the Archives – Escrow 101 and 102

Michael J. McCormick, Esq.

April 7, 2024

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.

Members

Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Henry E. Hildebrand, III

March 31, 2024

Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).

Members

What Else Does the Code Say About Interest and Unsecured Debts?

Ken Siomos

March 31, 2024

While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

Members

Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

M. Jonathan Hayes

March 31, 2024

Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

Members

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

The Honorable William Houston Brown

March 31, 2024

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

Members

What Does the Bankruptcy Code Say About Interest and Unsecured Debts

Hale Andrew Antico

March 24, 2024

“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.

Members

More Federal Student Loan Debt Relief is Coming

Scott Waterman

March 24, 2024

An ordinary title for a very NON-ordinary article! A computer program which will accurately predict whether a borrower will default and relief extended based on the data. WHAAAT???

Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

M. Jonathan Hayes

March 24, 2024

Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)

Members

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

Honorable Brian D. Lynch

March 17, 2024

“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

Members