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Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

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The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

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This Week's Featured Articles

Rollin’ Rollin’ Rollin’ – Whether a Motor Home Qualifies for the Homestead Exemption as a Mobile Home?

Tiaon Michele Lynch

April 28, 2024

“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”

Members

Money For Nothing

Pam Bassel

April 28, 2024

It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.

Members

Sixth Circuit Selects Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky

The Academy

April 28, 2024

The Circuit Executive for the Sixth Circuit announces that the U.S. Court of Appeals for the Sixth Circuit has selected Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky to fill the vacancy created by the retirement of Bankruptcy Judge Tracey N. Wise. He took the oath of office on April 19, 2024.

Curated (Free) Selections

Study

New Study - Bankruptcy Lawyers and Credit Recovery
By Brian Jonghwan Lee

The author studies how bankruptcy law firm advertisements affect credit recovery of households in financial distress. Exploiting the border discontinuity strategy associated with the geographic unit in which local TV advertisements are sold, the author empirically uncovers bankruptcy filings and credit recovery related to exogenous variations in bankruptcy law firm advertisements. The author first documents a significant advertising effect on filing rates and shows that advertising-induced filers are similar to existing filers. The author then finds a positive effect of advertisements on credit outcomes including credit score, new homeownership, and foreclosure.

Sanctions and Irony and Fraud, Oh My!

UnitedHealth Says Change Hackers Stole Health Data on 'Substantial Proportion of People in America'

More than 100 People Evicted from Senior Care Facility Due to Bankruptcy

In case you missed this one: US Army Financial Counselor Admits to Defrauding Millions from Gold Star Families: DOJ (Not bankruptcy but despicable.)

For Your Blog

When a Taxpayer Should File an Amended Federal Tax Return

14 Healthy Foods High in Antioxidants

From the Courts

C.D. CA – Increased ‘no look’ fees

N.D. OK – Zoom 341s starting June 3

N.D. OH (Western Division) – New presumptive attorney fee order

D. NV - Request for Public Comment for Current Local Rules

D. NJ - Thirty-day public comment period concerning new and amended 2024 local bankruptcy rules and forms with proposed amendments

D. NV - UST implementing virtual § 341s in 7, 12, and 13s held on or after 6/3/24.

M.D. GA - The Honorable Robert M. Matson joined the U.S. Bankruptcy Court for the Middle District of Georgia on Monday, April 15, 2024. Judge Matson will receive new case assignments shortly - Matson's chambers page is now available.

N.D. IL - Court has revised its local notice of motion forms: Form G-3 (Notice of Motion) and Form G-3.1 (Notice of Emergency Motion) - first page of each is the same, but the second (the certificate of service) has been changed so that the signer must clearly select whether the signer is an attorney or a non-attorney.

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

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.

Of Interest

‘Pay Later’ Lenders Have an Issue with Credit Bureaus

CFPB Takes Action to Stop Illegal Junk Fees in Mortgage Servicing

Current Articles

What is a “Consumer Debt”?

M. Jonathan Hayes

April 21, 2024

By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

Members

Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

Members

The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

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

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