Does Outsourcing BK Ed Counselors Increase Client Risk and Attorney Liability?

By Robert D. Manning, PhD, President, DebtorWise Foundation, www.debtorwise.org

THE SHARP DECLINE IN BANKRUPTCY ED FEES

One of the interesting “hall” discussions during the NACBA conference focused on the declining cost of Debtor Education courses and the shrinking number of nonprofit BK Ed providers. With the sharp fall in bankruptcy filings over the last two years (largely due to the dramatic reduction in lending to “less than stellar” borrowers since the Great Recession), bankruptcy firms—large and small—have sought to cut client costs including . . .

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Critical Case Comment – Siegel v. Fitzgerald

Henry E. Hildebrand, III

June 19, 2022

Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...

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Critical Case Comment – You Gotta Fix Your Own Screwups, on Your Own Dime

Henry E. Hildebrand, III

December 3, 2023

Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.

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IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

November 17, 2019

11/14/19, the IRS issued guidance for taxpayers with certain deductible expenses to reflect changes resulting from the Tax Cuts and Jobs Act (TCJA). Revenue Procedure 2019-46, posted today on IRS.gov, updates the rules for using the optional standard mileage rates in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. The guidance also...

Diaz: Is it Really a Tax Refund?

December 20, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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Appointment of Deb Miller

The Academy

April 2, 2023

It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

June 23, 2019

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018). Years ago (30...

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Escrow 102 – Part 1 of 4

September 26, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 - Part 2 Escrow 101 – Part 3 Escrow 102 – Part 2

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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...

Passing of James J. Barta, Sr.

The Academy

November 12, 2023

It is with sadness that we announce the death of retired U.S. Bankruptcy Judge, James J. Barta, Sr. on Tuesday, November 7, 2023. Judge Barta served as a Bankruptcy Referee in the Eastern District of Missouri beginning in 1978, then a Bankruptcy Judge from 1986 through 2006, including three stints as Chief Judge. Before serving with the Court, Judge Barta...

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

Henry E. Hildebrand, III

August 21, 2022

Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

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