The Case for Conduit Mortgage Payments

Max Gardner’s Top Ten Reasons

The late Waylon Jennings had a hit song years ago called “Sick and Tired of Getting Up Sick and Tired.” The song related to the chronic consumption of alcohol but the analogy to the need for a mandatory rule for mortgage payments through the Chapter 13 Trustee is not that far-fetched. As a debtor’s attorney who has learned through torture, pain and error how to read the Da Vinci Code produced by mortgage servicers, and as a lawyer who has spent countless hours reviewing postal receipts, personal . . .

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O. Max Gardner, III

Attorney

O. Max Gardner, III, currently limits his practice to consumer bankruptcy cases and all consumer claims arising with respect to those cases. He has been widely recognized as the leading consumer attorney in America on “predatory mortgage servicing” in Chapter 13 bankruptcy cases. The National Association of Consumer Bankruptcy Lawyers (NACBA) recognized Mr. Gardner as a Champion of Consumer Rights in 2003; named him the Outstanding Consumer Lawyer of 2004 and awarded him The Distinguished Service Award in April of 2013. Gardner has been elected five times as a member of the “Legal Elite” of North Carolina lawyers by his fellow attorneys in a state-wide poll conducted by Business North Carolina magazine. He is the only consumer lawyer who has been named as a North Carolina “Super Lawyer” in the field of consumer law for five consecutive years by Law & Politics and the Charlotte Magazine. Mr. Gardner was named a Top Lawyer in N.C. in 2013 by The Legal Network. Gardner has received the AV Preeminent Award from Martindale Hubbell for the past 22 years, the highest ethical rating for lawyers. He is a long-time member of NACBA and the National Association of Consumer Advocates (NACA) and a frequent national speaker on bankruptcy law, mortgage servicer abuses, and consumer representation. Gardner has also trained thousands of consumer lawyers and legal professionals since 2005, and is the Chief Executive Officer of Max Gardner’s Consumer Defense Academy (pka Max Gardner’s Bankruptcy Boot Camps). Gardner is also “Of Counsel” to the Dallas, Texas firm of Kellett and Bartholow. The firm focuses on major cases against mortgage servicers in consumer bankruptcy cases and on discharge violations by original creditors and the debt-buying industry.

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.

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The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

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Employment Law Alphabet Soup

October 24, 2021

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) I have taught Compensation and Benefits to candidates preparing to take the Professional in Human Resources certification exam. These two topics include a great amount of employment law. So, I know just enough about employment law to be scared… or maybe cautious is a better term. I am...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 1 of 3

June 9, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Introduction Preliminarily, I recognize that many of those reading this do not need to. There are many fine trial attorneys in the bankruptcy bar. Those folks could well be writing this article. By way of defending myself in advance, this little piece does not consist of a series of war stories or...

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Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

August 23, 2020

NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

These Summer Activities Can Affect Next Year’s Tax Returns

August 11, 2019

Summertime activities often affect the tax returns people file the following year. Here are some things taxpayers do during the summer along with tips they should consider now: Getting married. Newlyweds should report any name change to the Social Security Administration. They should also report an address change to the United States Postal Service, their employers, and the IRS. This...

Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

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Supreme Court Camping!

David Jacob

July 28, 2024

“Just call me the third-party release clause groupie. . . . After another security check and metal detector, we were in and I had a seat where I could see all of the justices in their glory!”

Ms. Ps & Qs

Nancy B. Rapoport

May 15, 2022

Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...

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Separately Classifying Student Loans in Chapter 13

The Academy

June 23, 2024

We originally ran this item in May to give you a heads up of what was coming. July is almost here . . . Starting July 1st, Chapter 13 debtors in Federal Student Loan IDR plans will receive IDR credit for each month they make their bankruptcy plan payments, without needing to separately classify their student loans.

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