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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

Judge Brian Lynch to Retire

Martha G. Bronitsky

May 12, 2024

Say it isn’t so!!!!! The bankruptcy community bids farewell to Judge Brian Lynch, a devoted jurist leaving a lasting impact on Chapter 13. Known for his advocacy and leadership, Judge Lynch's retirement marks the departure of a stalwart champion of bankruptcy law reform and education, leaving behind a legacy of compassion, humor, and dedication to improving the system.

Members

Separately Classifying Student Loans in Chapter 13

Scott Waterman

May 12, 2024

Big news . . . Sneak peak . . . Coming in July . . . You are gonna want this article (just sayin’) Starting July 1st, Chapter 13 debtors in Federal Student Loan income-driven repayment plans will no longer need to classify their student loans separately to receive IDR credit. Credit towards forgiveness will be awarded for each month of trustee payments, regardless of payments made directly to the Department of Education.

Members

2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

Tammy Branson, Robert B. Branson

May 12, 2024

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

Members

Curated (Free) Selections

From the UST

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

PPP

PPP in Chapter 13

A few of you will find this Opinion of interest. . . In a Chapter 13 case, Court granted the United States' motion to proceed with its False Claims Act action (centered around alleged fraud by the debtors in obtaining a loan under the Paycheck Protection Program) against the debtor, ruling that it falls within the police and regulatory exception to the automatic stay, with the aim to deter fraudulent activity related to COVID-19 relief funds.

Sanctions and Irony and Fraud, Oh My!

CFPB Takes Action Against Fintech Company for Alleged Withholding of Consumer Refunds

'Dance Moms' Star Abby Lee Miller Indicted on Bankruptcy Fraud Charges

How Scammers Are Stealing Food Stamps from Struggling Americans

For Your Blog

IRS: Home Improvements Could Help Taxpayers Qualify for Home Energy Credits

Fed Just Dashed Hopes for Lower Mortgage Rates - What homebuyers need to know.

From the Courts

Note that several courts are adopting Friday, July 5^th as a holiday this year.

S.D. NY - Reappointment of Judge Sean H. Lane

M.D. NC - New Standing Order 24-01, regarding Highly Sensitive Documents; revised LMM Forms 13 and 15, for combined requests to approve final loan modification agreements and partial claim mortgages; Chapter 7 341 meetings by Zoom beginning 7/1/24 for Greensboro division and 7/12/24, for Winston-Salem division.

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.

C.D. CA - Comment Period for Court’s Proposed Strategic Plan ends 6/12/24

Current 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

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