January 4, 2021

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
Derby III is important to debtor’s attorneys, trustees, and creditors, because it demonstrates the broad powers Rule 3001 affords bankruptcy courts to govern the claims process.”


Chapter 13 Discharge Expanded by COVID Relief Legislation

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA)
“While generous in intent, the drafting of amended 1328(i) is sketchy and its other bankruptcy provisions only marginally coordinate with other bankruptcy provisions of the CARES Act of March, 2020. . . . Maybe I’m wrong, but I suspect we’re going to spend a bunch of time speculating on what the drafters intended.”


From the Courts

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Consumer Attorneys Work and Fee Survey

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Your assistance is requested.This is the 21st year that Ron Burdge has undertaken the herculean task of surveying consumer attorneys about their work and fees. The last published Consumer Bankruptcy Survey Report was 371 pages of detailed city and state data, that breaks down the fees that different courts allow and that attorneys charge for the various aspects of consumer rights and bankruptcy cases. There has never been any charge for the survey reports that are published and generously posted online for everyone’s use.Previous reports have been used in Courts nationwide to award more than thirty million dollars in attorney fees to consumer advocates all over the country, including consumer bankruptcy attorneys. State and Federal Courts routinely rely on this report in awarding hourly fees in consumer cases. (If they aren’t using this report in your cases, you should be using it as evidence!) It is one of the primary resources that has been used to increase presumptive fees set by bankruptcy courts in Chapter 13 cases and also invaluable for attorneys in setting their fees for Chapter 7 cases.

The more people that participate the more accurate and useful the data becomes, so please feel free to share this with your local listservs and Google groups.

Go to to fill out the online questionnaire. The survey does not obtain any personal information and there is no charge to participate and no charge for obtaining the published survey results.


CARES Act FFCRA Tax Credit Extended

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Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

For employers with under 500 employees . . . beginning 1/1/21, employers are no longer required to provide Covid leave; however, covered employers who voluntarily offer such leave may utilize payroll tax credits to cover the cost of benefits paid to employees through the end of March.Click here for more information.


State-By-State Guide to Litigation Financing Disclosure

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Not the normal kind of thing you would see at, but a very informative resource from Mondaq.“. . . , we now share an overview of similar procedures for determining whether a plaintiff has taken out a loan in 12 other states.”


Positions Open

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Judgeship Positions


On the CFPB

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  • You need to glance at this one. Our guess is that Debtor Attys will see debts from these cards in the future. . . . CFPB Issues Approval Order to Facilitate the Use of Dual Usage Credit Cards “The card is designed for consumers with a limited or damaged credit history as a tool that can be used to establish or reestablish a favorable credit history. Synchrony intends to offer a lower rate on secured use with the opportunity for eligible accountholders to graduate to unsecured use after 12 months.”


For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Debt Collectors Can Now Contact Borrowers Through Social Media


Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
An important, “critical” case analysis for each player in the bankruptcy arena – trustees, creditors and debtor attorneys.Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general agent.