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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

Enforcing Chapter 13 Payroll Deductions

Henry E. Hildebrand, III

May 5, 2024

Failure of an employer to comply with the terms of a payroll deduction order justifies a finding of contempt and the award of costs, attorney’s fees, and potential referral for criminal action.

Members

Barking Up the Wrong Tree: A Canine Conundrum

Robert G. Drummond

May 5, 2024

“ . . . creditor couldn’t fetch a break. . . . Court first found that the state court judgment was void because it was entered after the discharge order. . . . also found the creditor in contempt of the discharge injunction.”

Members

Chapman v. Forsyth & Limerick, 43 U.S. 202 (1844)

M. Jonathan Hayes

May 5, 2024

When a person sells goods for the account of the owner and thereafter does not pay the owner, is the debt discharged under the bankruptcy law at the time? Yep.

Members

Curated (Free) Selections

From the UST

Questions and Answers with USTP Director Tara Twomey (Article originally appeared in ABI Journal, Vol. XLIII, No. 5, May 2024.)

Means Test Numbers . . . They are a changin’ . . . again – May 15^th

Student Loans Chronicles

Biden Grants 317,000 Borrowers Student Loan Forgiveness and Refunds of Payments

Sanctions and Irony and Fraud, Oh My!

U.S. Trustee Program Obtains Sanctions Against Consumer Bankruptcy Attorneys Involved in Real Estate Schemes (Two different attorneys in unrelated schemes.)

Charity Founder in Homeless Vets Hoax Charged with Fraud, Stolen Valor

Calvert Woman Convicted for Series of Fraud Schemes, Including Passport Fraud, Wire Fraud, and Bankruptcy Fraud

Scammers Stole More than $3.4 Billion from Older Americans Last Year, FBI Report Says

Developer Pleads Guilty to Bankruptcy Fraud

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. 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

Of Interest

Bill Romanowski, Wife File for Bankruptcy Amid DOJ Lawsuit Over Unpaid Taxes

No Funds Available for Additional Chapter 7 Trustee Payments

California's 'Apple Store of Weed' Declares Bankruptcy with $410M in Debt

The Fishy Death of Red Lobster - Endless Shrimp didn't sink the seafood chain. Wall Street did.

Current 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.

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!