How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off • NACTT Academy

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t dependent on new bankruptcy cases. As debtor attorneys around the country wait for bankruptcy cases to return to pre-COVID levels, I hope these articles might inspire others to create income for themselves while obtaining valuable remedies for their clients.

Today, our litigation group routinely files cases under consumer protection statutes such as the Real Estate Settlement Procedures Act (RESPA) and Fair Credit Reporting Act (FCRA), which my partners Steve Relyea and Emily Connor Kennedy . . .

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Mark C. Leffler

Consumer Litigation Associates, Newport News, VA

Mark C. Leffler is a federal civil litigator with Consumer Litigation Associates, a nationally recognized leader in consumer advocacy based in Virginia. 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.

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By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...

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By Cathy Moran, Esq. (Redwood City, CA) Because its treatment varies so, we need to be asking more pointed questions of clients about both insurance policies and the debtor as beneficiary. Unmatured life insurance Starting with exemptions, §522(d)(7) makes an unmatured life insurance policy exempt without limit. So, the insurance element of a policy owned by the debtor is exempt...

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New Trustee Named

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Henry E. Hildebrand, III

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When a debtor fails to disclose a post-petition asset as required by Local Rule and the terms of her plan, the trustee may seek a modification of the plan notwithstanding the expiration of the applicable commitment period; the best interest of creditors test applies only at commencement of the case and not to a plan modification; a trustee’s motion to...

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

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By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

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May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Lawrence R. Ahern, III

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Larry Ahern this week begins a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 is a detailed analysis of McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing in detail the relevant statutes. May the Chapter 13 Trustee Keep...

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