How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

At my firm, we see a lot of consumers who have some combination of high debt and low income. Many of them arrive for their consultations after having been abused by debt collectors and predatory lenders, harmed by mortgage servicing errors, or subjected to inaccurate and derogatory credit reporting. Until fairly recently, after filing bankruptcies for these folks, we usually didn’t even consider pursuing remedies under consumer protection statutes like the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), and the Fair Credit Reporting Act (FCRA). This is mostly because we didn’t . . .

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Mark C. Leffler

Boleman Law Firm P.C., Virginia Beach, VA

Mark C. Leffler is a shareholder with the Boleman Law Firm, P.C., Virginia’s largest consumer bankruptcy practice. Mark has spent most of his career litigating in Bankruptcy Court, including bringing numerous actions against debt collectors, mortgage companies, and predatory lenders in bankruptcy. He is President of the NACTT Academy for Consumer Bankruptcy Education, is a frequent author for the NACTT Academy’s webzine at ConsiderChapter13.org, and has served as a panelist at numerous annual conferences of the National Association of Chapter Thirteen Trustees (NACTT). Mark is AV® rated by Martindale Hubbell, he was selected for inclusion in The Best Lawyers in America for his work in bankruptcy and debtor rights, and he is a frequent speaker and author on bankruptcy matters for Virginia CLE programs. Mark is a native of Williamsburg, Virginia, and he received his law degree from Duquesne University School of Law in Pittsburgh, Pennsylvania. He is a member of the National Association of Consumer Advocates, Virginia State Bar, Bankruptcy Section, and the Richmond Bankruptcy Bar Association.

The Power of a Checklist

Jay S. Jump

March 12, 2023

Recently, I had the pleasure of a great conversation with Chapter 13 Trustee, Thomas McDonald, from the EDMI. As it turns out, we have both been pilots for a long time. Once we came to this realization, our conversation quickly devolved from the issues confronting the bankruptcy industry to talk of density altitude, mountain flying, and the importance of using...

Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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Objections to Claims: Two of These Creditors Are Not Like the Others [1]

June 13, 2021

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

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Who Files the Tax Returns Under SBRA

June 7, 2020

By Steven L. Walker, Esq. (San Jose, CA) Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S. Although the IRS also has not issued any formal guidance, answers can be found...

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Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Michael B. Joseph

August 28, 2022

An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...

Five More Things Debtors Should Know About the SBRA of 2019

December 22, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VII Introduction This series focuses on 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), will be effective February 19, 2020. It appears in its entirety in Appendix B to...

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Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans

April 21, 2019

Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...

Critical Case Comment – Free Parking

Henry E. Hildebrand, III

January 29, 2023

Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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Escrow 101 – Part 3 of 3

September 19, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Frequently Asked Questions 1) Is a servicer required to have a borrower maintain a reserve or cushion? NO. See Regulation X Section (c)(1)(ii).1 A lender or servicer (hereafter servicer) shall not require a borrower to deposit into any escrow account, created in connection with a federally related mortgage...

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