draft home sept 2017

June 21, 2021
Archives
cmoran

List It or Lose It: When Actual Knowledge Isn’t Enough

By Cathy Moran, Esq., (Redwood City, CA)
To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B.
selwyn

Helping Our Clients Stay Afloat and Get Past the Covid-19 Tsunami

By Selwyn D. Whitehead, Esq. (San Francisco, CA)
The article discusses some of the tactics available, including bankruptcy, that can be used by business owners, especially restaurateurs, who have been negatively impacted by governmental shutdowns this past year due to Covid-19. First published on CorporateLiveWire, May 2021
blackshear

Retired Judge Passes Away

(Not password protected)

NACTT ANNUAL CONFERENCE LIVE! July 7-10

(Not password protected)
D.C. IS OPEN!! The program is phenomenal. BE THERE!

Along with the trial skills presentations and the ever popular Case Law Update, Keeping the Home and Paying the Mortgage Creditor won’t be just another mortgage panel – it will be cutting edge with information you will hear first at NACTT!

For anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

kressel

Judge Retires

(Not password protected)
mcafee

New Judge Announced

(Not password protected)
michiganmap

Free On-Line Seminar

(Not password protected)
U.S. Trustee for the Western District of Michigan and Chapter 13 Trustee Barbara Foley are pleased to present a free seminar for the benefit of the Bar of the Western District of Michigan on July 19th.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

More Than a Third of Volunteers in a Consumer Reports Study Found Errors in Their Credit Reports – Here’s how to find and fix mistakes and avoid paying for a ‘free’ report
tavera
IN CASE YOU MISSED IT . . .

Objections to Claims: Two of These Creditors Are Not Like the Others

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo)
This exceptional article is a case summary of In re Nicolaus and how it is helpful in determining proper service under 3007(a)(2)(A)(i). Attorney Tavera also discusses amendments to 3007(A)(2)(A)(ii) that become effective 12/1/2021.
June 14, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same or similar work.
tavera

Objections to Claims: Two of These Creditors Are Not Like the Others

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo)
This exceptional article is a case summary of In re Nicolaus and how it is helpful in determining proper service under 3007(a)(2)(A)(i). Attorney Tavera also discusses amendments to 3007(A)(2)(A)(ii) that become effective 12/1/2021.
kennethstill

Passing of a Legend

By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still
C. Kenneth Still was a legend. Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already.

NACTT ANNUAL CONFERENCE LIVE!

(Not password protected)
changeThe National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.

The program is phenomenal – click here to check it out.

Wanna head back to live court with better trial skills? THREE hours of trial skills at no additional cost! Not interested in how to properly introduce evidence, Don’t Forget Me! has you covered. A panel of the best of the best discussing a myriad of issues – confirmation, post-confirmation, and even post-discharge along with vesting and more.

Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

michiganmap

Free On-Line Seminar

(Not password protected)
U.S. Trustee for the Western District of Michigan and Chapter 13 Trustee Barbara Foley are pleased to present a free seminar for the benefit of the Bar of the Western District of Michigan.
rucker

Then & Now: Rucker ‘At Home’ As New Federal Bankruptcy Judge

(Not password protected)
In April, the Eighth Circuit Court of Appeals appointed Fayetteville attorney Bianca Rucker to a 14-year term as Arkansas’ newest federal bankruptcy judge.
creditunion

Webinar Recording Now Available

Credit Union Issues in Chapter 13

Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.

The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? JOIN NOW.

openposition

Position Postings

(Not password protected)
Trusteeship

Law Clerk

studentloanchronicles

Student Loan Chronicles

(Not password protected)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
mccarty
IN CASE YOU MISSED IT . . .

A Consideration of Employer Required COVID-19 Vaccinations

By Mark T. McCarty, Chapter 13 Standing Trustee for the District of Arkansas (North Little Rock)
In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.

Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.

June 7, 2021
Archives
brian lynch

Measuring Success in Chapter 13: Five Years Later

By The Honorable Brian D. Lynch, United States Bankruptcy Judge, Western District of Washington
“Five years ago, I wrote an article for this publication,‘Measuring Success in Chapter 13,’ where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter13 cases.”

It appears this statistic is STILL being quoted. Here, Judge Lynch sets the record straight.

mccarty

A Consideration of Employer Required COVID-19 Vaccinations

By Mark T. McCarty, Chapter 13 Standing Trustee for the District of Arkansas (North Little Rock)
In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.

Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.

NACTT ANNUAL CONFERENCE LIVE!

(Not password protected)
changeThe National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.

The program is phenomenal – click here to check it out.

Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

change

Conflict Avoidance

(Not password protected)
Understanding your colleagues and/or co-workers, and even yourself, can help ease conflicts.

Does it drive you crazy when people don’t honor ‘your’ time? Or, are you confused when you are ONE MINUTE late and someone is really ticked off about it!

Understanding personality types can help people described in either of these questions. Meeting Time is a short, easy read but a GREAT reminder that we are all different.

cosetti

Passing of Big Picture Thinker

(Not password protected)
Joseph L. Cosetti, Bankruptcy Court Judge Who Also Served as Pittsburgh Treasurer for 7 Years
stuartgold

Passing of Stuart Gold

(Not password protected)
Long-time respected member of the New Jersey bankruptcy bar and adjunct professor passed away 5/30.
creditunion

Webinar Recording Now Available

Credit Union Issues in Chapter 13

Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.

The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? Join NOW.

irs

From the IRS

(Not password protected)
Looking Ahead: How the American Rescue Plan Affects 2021 Taxes: Part 1 and Part 2 (Not sure how much this matters but it appears there is money your clients could be leaving on the table – even EITC for people who don’t have children.)

A popular item from 5/246 Million Tax Returns Are ‘In Suspension’ at the IRS, and That’s Preventing Many Families from Receiving Valuable Tax Credit

openposition

Position Postings

(Not password protected)
Trusteeship

Law Clerk

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern
IN CASE YOU MISSED IT . . .

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits the SBRA, as modified by the CARES Act, and examines In re Ikalowych, an opinion interpreting debtors’ eligibility for subchapter V of Chapter 11 in a way that could make Chapter 11 accessible for more debtors who are “engaged in commercial or business activities.”
May 31, 2021
Archives

memorialday

As we remember those who have served, we at
ConsiderChapter13.org are taking a much needed break.
We hope that you will take this opportunity to catch up on the
many excellent articles and/or
webinars for which
you’ve been trying to find time.

We are already working on an exciting new update for June 7th.

May 24, 2021
Archives
ahern

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits the SBRA, as modified by the CARES Act, and examines In re Ikalowych, an opinion interpreting debtors’ eligibility for subchapter V of Chapter 11 in a way that could make Chapter 11 accessible for more debtors who are “engaged in commercial or business activities.”
gustafson

What the FICO? Reaffirming Doesn’t Help My Credit Score?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)
The fact that reaffirmation decisions are subject to more variables doesnot mean attorneys can just “go along” with Debtors – at least under Anzaldo, debtors’ attorneys need to stay informed and have a sound basis for signing off on the “attorney certification”.

See also:

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

change

Chapter 13 Trustee Change

(Not password protected)
Annemarie B. Mathews to replace retiring chapter 13 standing trustee Wm. Keenan Stephenson, Jr.
evictionnotice

Eviction Ban

(Not password protected)

New Paper from Yale Law Review

(Not password protected)

Bankruptcy Grifters

Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)

irs
openposition

Position Postings

(Not password protected)
Trusteeship
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21

Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21

Law Clerk
E.D. of Michigan – Application deadline 5/28/21
Northern District of OH

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

FEMA Offers Financial Assistance for COVID-Related Funeral Expenses

The Benefits Division would like to make sure all are aware that under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021, FEMA is providing financial assistance for COVID-19 related funeral expenses incurred after January 20, 2020. This assistance is available to any eligible individuals, not just federal employees.

cmoran
IN CASE YOU MISSED IT . . .

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”

(Be sure to note the reinforcing comment from a Bankruptcy Judge at the end of this article.)

May 17, 2021
Archives
cmoran

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”
williambrown

From the Editor – Claims

By The Honorable William Houston Brown (Retired)
legislationupdate

Legislation Update

(Not password protected)

New Paper from Yale Law Review

(Not password protected)

Bankruptcy Grifters

Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)

schmetterer

Illinois Judge Retires

(Not password protected)
openposition

Position Postings

(Not password protected)
Trusteeship
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21

Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21

Law Clerk
United States Bankruptcy Court for the E.D. of Michigan

tulsamassacre

From the Courts Extra

(Not password protected)
Northern District of OK – Court and The Federal Building shall be closed for business on Friday, May 28, 2021, in observance of the Tulsa Race Massacre
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern
IN CASE YOU MISSED IT . . .

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern examines In re Ajasa, an opinion rendered in a nationwide class action based on alleged discharge-injunction violations. Larry clarifies the relatively narrow but important jurisdictional issue addressed in this case, explains the outcome and concludes with an observation about one of its broader implications. Look for other discussions of discharge violations, debt reporting and class actions in this space.
May 10, 2021
Archives
resnick

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA)
In Bobka v. Toyota, the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an “assumption agreement” which she signed and returned to Toyota the day before she received her discharge. . . . The debtor later decided to return the Toyota who immediately began “collection efforts”. .
ahern

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern examines In re Ajasa, an opinion rendered in a nationwide class action based on alleged discharge-injunction violations. Larry clarifies the relatively narrow but important jurisdictional issue addressed in this case, explains the outcome and concludes with an observation about one of its broader implications. Look for other discussions of discharge violations, debt reporting and class actions in this space.
hildebrand

CARES Act Financial Hardship ‘Laundry List’

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
During the Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and Henry Hildebrand – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming from the COVID-19 pandemic. The bankruptcy section of the CARES Act does not detail what would constitute a coronavirus related financial hardship. The statute only says: “the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease (COVID-19) pandemic” . . .

In this article, Hildebrand outlines what constitutes a pandemic related financial hardship.

Not a ConsiderChapter13.org subscriber? Join NOW.

clarencethomas

In the “Just Plain Interesting” Category

(Not password protected)
pulseevent

Registration for Online Event

(Not password protected)
cfpb

On the CFPB

(Not password protected)
  • Making Ends Meet Series: Consumer Use of Payday, Auto Title, and Pawn Loans – In a new report in the CFPB’s Making Ends Meet series, we find that consumers who use a payday, auto title, or pawn loan in one year are often still using that type of loan a year later. Some users of these services have lower cost credit available on credit cards, while others lack access to traditional credit. Among payday, auto title and pawn loan borrowers who experience significant financial shocks, the costs of these shocks often exceed other possible sources of funds.

Two important items from last week . . .

paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)
Judge Bonapfel has again edited/supplemented his SBRA materials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
cmoran
IN CASE YOU MISSED IT . . .

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.”
May 3, 2021
Archives
cmoran

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses.
pulseevent

Registration for Online Event

(Not password protected)
mailbox
paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)
Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

irs

From the IRS

(Not password protected)
Popular item from last week Why Tax Refunds Are Taking Longer Than Usual (Article starts out somewhat elementary but then provides some useful information.)
ncbrc

From NCBRC

(Not password protected)
Debtor Loses the Battle but Wins the War – Confirmed plan binds county tax creditor even though plan did not provide for the interest claimed in its post-confirmation proof of claim where the county had notice of the plan and failed to object to confirmation. In re Bird, 624 B.R. 841 (Bankr. N.D. Ill., Feb. 2, 2021) (case no. 1:17-bk-2072).

Debtor May Avoid County Tax Foreclosure Sale – County’s tax sale of debtor’s farm was avoidable as constructively fraudulent under section 548, where debtor was insolvent at the time of the title transfer and the tax debt was substantially less than fair market value of the property. DuVall v. County of Ontario, No.19-20179, Adv. Proc. No. 19-2011 (Bankr. W.D. N.Y. Feb. 18, 2021).

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21

Term Law ClerksDistrict of Colorado

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
pardis
IN CASE YOU MISSED IT . . .

Did Congress Mean What It Said in Section 1328(i)?

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA)
“Had Congress intended the Court’s inquiry to end at the consideration of only the bare statutory prerequisites of section 1328(i), it would have used the constraining ‘shall,’ as it has in other subsections of § 1328, rather than the discretionary ‘may.’”
April 26, 2021
Archives
pardis

Did Congress Mean What It Said in Section 1328(i)?

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA)
“Had Congress intended the Court’s inquiry to end at the consideration of only the bare statutory prerequisites of section 1328(i), it would have used the constraining ‘shall,’ as it has in other subsections of § 1328, rather than the discretionary ‘may.’”
Merideth-Akers

I’ve Looked at Clouds from Both Sides Now

(Song by Joni Mitchell – first recorded by Judy Collins in 1968)
By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
“Either side can find themselves in egregiously stressful circumstances.”
johnoliver

Last Week Tonight

(Not password protected)
Bankruptcy: Last Week Tonight with John Oliver (HBO) [HD] (Video) (Of course this is comical but also accurate.)

See also:

From Credit Slips

paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)
Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

irs
nclc

From the National Consumer Law Center

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21

Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21

Term Law ClerksDistrict of Colorado

Term Law ClerksNorthern District of Indiana DISTRICT Court

Paid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
Beskin
IN CASE YOU MISSED IT . . .

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
“If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’sfor you.” (waka waka!)
April 19, 2021
Archives
Beskin

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
“If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’sfor you.” (waka waka!)
ahern

Bankruptcy Courts Grapple with the “COVID-19 Discharge”

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern has previously reported on bankruptcy-related legislation passed in 2019 and amended in response to the COVID-19 pandemic. This week, he returns to the subject and focuses on the “COVID-19 Discharge,” created temporarily by the Consolidated Appropriations Act, 2021 (“CAA”), in light of recent decisions from the Bankruptcy Courts in California and South Carolina.
newjudge

New Judge Appointed

(Not password protected)
On April 6 J. Kate Stickles was sworn in as the newest judge of the United States Bankruptcy Court for the District of Delaware. Judge Stickles becomes the latest judge to join the Delaware Bankruptcy Court since Judges John T. Dorsey and Karen B. Owens were sworn onto the bench in 2019.
blockchain

New Term of the Week

(Not password protected)
What the heck is blockchain?

From Epiq: The Future of Blockchain and eDiscovery: What Should the Legal Industry Expect? (Not specific to Chapter 13 – If you don’t care what bitcoin is, you probably won’t care about blockchain.)

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21

Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21

Term Law ClerksDistrict of Colorado

Term Law ClerksNorthern District of Indiana DISTRICT Court

Paid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
gendron
IN CASE YOU MISSED IT . . .

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?
April 12, 2021
Archives
gendron

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?
goodbusiness

Finally, Some Good News, Well At Least in Our Business

(Not password protected)

But Then There is a Flip Side

(Not password protected)
deadline

Extension of CARES Act Provisions

(Not password protected)
bankruptcystudy

Bankruptcy Study by Foohey, Lawless and Thorne

(Not password protected)
As with The Bill proposed last year, many aspects of this study will be controversial.At base it says nothing negative about Chapter13 other than people’s financial problems don’t fit neatly into either Chapter 7 or Chapter 13thus is supportive of the proposed bankruptcy-a-la-carte bill. The study seems to come down emphatically that much of what drives people to seek bankruptcy has to do with societal inequities and the lack of a functioning safety net.

See also:

foreclosureprocess

Foreclosure Ban

(Not password protected)
carborrowers

Another ‘Good News’ Headline Only Consumer Bankruptcy Attorneys will Appreciate

(Not password protected)

Risky Borrowers Are Falling Behind on Car Payments (Wall Street Journal Subscriber Only Article – Below is the free blurb)

More subprime borrowers are missing monthly payments on their cars and trucks, pointing to an uneven economic recovery. Some 10.9% of subprime borrowers with outstanding auto loans or leases were more than 60 days past due in February, up from 10.7% in January and 8.7% a year prior, according to credit-reporting firm TransUnion. It marked the sixth consecutive month-over-month increase and the highest level in monthly data going back to January 2019.More than 9% of subprime auto borrowers were more than 60 days past due in the fourth quarter, the highest quarterly figure in data going back to 2005.

Not Password Protected on the Same Topic:

https://considerchapter13.org/wp-content/uploads/2017/09/scotus1.jpg

From SCOTUS

(Not password protected)
For those keeping an eye on the mortgage issue in Jones v. U.S. Bank, N.A., U.S., No. 20-1064, cert. denied 4/5/21.
evictionnotice

Eviction Ban

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship

Trusteeship

irs

From the IRS

(Not password protected)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
ahern
IN CASE YOU MISSED IT . . .

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.

Click here for Part 1- The Circuits Begin to Line Up

April 5, 2021
Archives
deadline

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

(Not password protected)
H.R.1651 – No longer legislation but actual law, signed by the President 3/27/21.
ahern

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.

Click here for Part 1- The Circuits Begin to Line Up

americanrescueplan

United States Trustee Program Alert

(Not password protected)
In case you missed this last week . . .

Notice to Chapter 7 and 13 Trustees Regarding Treatment of Recovery Rebates and Tax Credits for Consumer Bankruptcy Debtors Under the American Rescue Plan Act of 2021

“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”

billpurdy
telephone

From SCOTUS

(Not password protected)
meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)
irs

From the IRS

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
Debt limit cap extended to March 27, 2022.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
caution
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge.

See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.

March 29, 2021
Archives

happyeaster

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge.

See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.

americanrescueplan

United States Trustee Program Alert

(Not password protected)
“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”
legislation

Legislation to Watch

(Not password protected)

Passed the House with Amendment 3/26 and is expected to be signed by the President on 3/28.

williambrown

From the Editor

By The Honorable William Houston Brown (Retired)
Even during spring break, Judge Brown made time to find two cases of interest regarding lien modification:

meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)
irs

From the IRS

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
Reminder – March 27 WAS the Deadline to decrease the cap back to $2,725,625, although an extension has been proposed (Passed the House 3/17; Passed the Senate).
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
caution
cmoran
IN CASE YOU MISSED IT . . .

6 Steps to Ethical Unbundling of Bankruptcy Representation

By Cathy Moran, Esq., (Redwood City, CA)
The client initialed every paragraph of the 19-paged representation agreement, and the appeals court still sanctioned the attorney over the agreement.Turns out, a long agreement and the client’s initials weren’t enough to protect the lawyer from sanctions for unbundling his services. So, what does it take??
March 22, 2021
Archives
cmoran

6 Steps to Ethical Unbundling of Bankruptcy Representation

By Cathy Moran, Esq., (Redwood City, CA)
The client initialed every paragraph of the 19-paged representation agreement, and the appeals court still sanctioned the attorney over the agreement.Turns out, a long agreement and the client’s initials weren’t enough to protect the lawyer from sanctions for unbundling his services. So, what does it take??
americanrescueplan

The American Rescue Plan

(Not password protected)
The new $1,400 per person stimulus checks could be garnished for unpaid debts. Why this one but not the previous two?

Reconciliation. Reconciliation in this context is a way for Congress to enact legislation on taxes, spending, and the debt limit with only a majority (51 votes, or 50 if the vice president breaks a tie) in the Senate, avoiding the threat of a filibuster, which requires 60 votes to overcome. Because Democrats have 50 seats in the Senate—plus a Democratic vice president—reconciliation is a way to get a tax-and-spending bill to the president’s desk even if all 50 Republicans oppose it.

More information:

legislation

Legislation to Watch

(Not password protected)
kevinanderson

Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred.
wedoff

More on Fulton

(Not password protected)
Judge Wedoff: On Representing Respondents at Supreme Court in Chicago v. Fulton (17-minute substantive and entertaining (I mean, it’s Judge Wedoff!!) interview by Don Swanson)
act12

Chapter 12 Conference Farm Reorganization
July 22, 23 & 29, 30, 2021 – VIRTUAL

(Not password protected)
meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)
irs

From the IRS

(Not password protected)
  • IRS Office of Chief Counsel Unveils National Virtual Settlement Days (From April 15th) – IRS Office of Chief Counsel has embarked on its most far-reaching Settlement Days program ever, declaring the month of March 2021 (nice of them to announce this on March 18th) as “National Settlement Month.”If you have clients with IRS issues, this may be of interest to you.BUT if we are reading this properly, they would have to participate without counsel.
subchapterv

The Advisory Committee on Bankruptcy Rules Needs Your Help

(Not password protected)
openposition

Positions Open

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
Reminder – March 27 is the CurrentDeadline to decrease the cap back to $2,725,625, although an extension has been proposed (and passed the House 3/17).
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor.
March 15, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor.
ahern

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern starts by summarizing In re Anderson, a March 1 opinion from the Ninth Circuit, and the First Circuit’s In re Rockwell decision, which the Supreme Court declined to review on February 22. In this Part 1, he considers how and why the circuits are finding the petition date determinative of the exempt status of assets (the “snapshot” rule). In Part 2, he will ask when future cases, especially those involving different circumstances, may not apply the rule.
williambrown

From the Editor

By The Honorable William Houston Brown (Retired)
Judge Brown had a little time on his hands this week and brings us two cases of interest:

markwheeler

Serendipity, a Tribute to Judge Jack B. Schmetterer

(Not password protected)
By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL)
(Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.)

“Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to interview him. After all, a person could be quite different personally in an interview setting than they appear professionally.”

fulton

Chapter 13 Practice and Procedure

(Not password protected)
Free Section 5:12 – The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.

ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.

subchapterv

The Advisory Committee on Bankruptcy Rules Needs Your Help

(Not password protected)

As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures. The Rules Committee would like to hear from you regarding your current practices. PLEASE take this survey.

subchapterv

Subchapter V

(Not password protected)
openposition

Positions Open

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
chrishawkins
IN CASE YOU MISSED IT . . .

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
“. . . the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts to fill in the gaps with respect to the interplay of bankruptcy and the FDCPA. . . . The United States District Court for the Southern District of Ohio recently analyzed correspondence sent by a mortgage servicer in the context of potential FDCPA and discharge violations, providing a helpful catalog of many of the cases previously addressing the FDCPA in bankruptcy.”
March 8, 2021
Archives
chrishawkins

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
“. . . the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts to fill in the gaps with respect to the interplay of bankruptcy and the FDCPA. . . . The United States District Court for the Southern District of Ohio recently analyzed correspondence sent by a mortgage servicer in the context of potential FDCPA and discharge violations, providing a helpful catalog of many of the cases previously addressing the FDCPA in bankruptcy.”
kuharich

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

(Not password protected)
By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)
“I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited.”
fulton

More on Fulton

(Not password protected)
The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases.  The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12Further use of the material is prohibited.

ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.

Other resources on Fulton (Password Protected):

Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

debmiller

From the Advisory Committee on Bankruptcy Rules

(Not password protected)
Re: Survey of Bankruptcy Court Procedures for Turnover

Dear Fellow Bankruptcy Practitioners:

I have been asked to reach out on behalf of the Advisory Committee on Bankruptcy Rules which requests your assistance.

As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures.

The Rules Committee would very much like to hear from you. PLEASE take this survey. It is only 3 questions and then asks for a summary as to whether or not your Court has adopted local rules or general orders on this issue. Please specify whether your Court is contemplating or has adopted local rules revisions or general, procedural, or administrative orders allowing a party to seek turnover of estate property under 11 U.S.C. § 542 by motion as suggested in the concurrence of the Supreme Court opinion in City of Chicago v. Fulton.

I thank you in advance!!

Debra L. Miller, Esq.
Chapter 13 Standing Trustee for the Northern District of Indiana

paulbonapfel

Of Interest to, Well, Everyone

(Not password protected)
GA Bankruptcy Judge Lowers Boom on Chapter 7 Trustee and Counsel Fees (Chpt 7 case converted to 13)

Really. You gotta read this one!

uscourts

From the United States Courts

(Not password protected)
farmers

Farmers in the News

(Not password protected)
Texas Farmers Tally Up Damage from Winter Storm ‘Massacre’ – The state’s agriculture sector has lost an estimated $600 million or more. Crop and livestock damage could mean shortages and higher prices beyond Texas.
newjudge

New Judge Appointed

(Not password protected)
The Fifth Circuit has appointed Jamie Wilson to be a U.S. Bankruptcy Judge in the Southern District of Mississippi, stationed in Jackson. Ms. Wilson will replace retiring Judge Neil Olack and assume her position on July 1st.
openposition

Positions Open

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
cmoran
IN CASE YOU MISSED IT . . .

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.

“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”

Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.

AND more info from last week on credit scores:

NCLC: The Credit Score Pandemic Paradox and Credit Invisibility

Americans Are Struggling, But You’d Never Know It from Their Credit Scores

March 1, 2021
Archives
bledsoe

Turnover by Motion? How About Under Rule 6008?

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
After his participation in ConsiderChapter13.org’s webinar City of Chicago v. Fulton: What SCOTUS Did Not Say, Trustee Bledsoe examined long-standing common practice in the recovery of assets. This is a MUST READ article!

“In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion is not sufficient, but that – if pushed- a debtor will be required to file an adversary proceeding. But, let’s analyze the issue using the same methodology the Justices used in Fulton.”

webinar

Webinar Recording Now Available

Without a doubt, one of the best webinars we have ever produced.

Chapter 13 Trustee Jody Bledsoe, along with noted attorneys Richard Parker and Tony Sottile, engage in a one-hour presentation on the recent Fulton decision. Our expert panel digs into what the Supreme Court did not rule on in this case. They also drill down into §§ 362 and 542 to look at adversary proceeding vs. motion for turnover.

A few comments we received:

  • I think you guys have the most quality programming in bankruptcy-centric circles
  • Very interesting webinar
  • Webinar had some very practical suggestions for dealing with the complications/extra work created by The Supremes
  • Excellent

Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

Or click here for a discounted offer.

cmoran

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.

“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”

Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.

farmers

Farmers in the News

(Not password protected)

Farm Bankruptcies During 2020 – Filings Drop 7% During 2020, Not Out of the Woods Yet

legislation

Legislation to Watch

(Not password protected)
creditscore
openposition

Positions Open

(Not password protected)
Judgeship Positions

new

New Supplemental Proof of Claim Form

(Not password protected)
Director’s Form 4100S is new, in response to the Consolidated Appropriations Act of 2020, which amended Code sections 501 and 502 to provide that creditors under Federally backed mortgages, qualified under the CARES Act and RESPA, and who entered into forbearance agreements with debtors, may file proofs of claim for the deferred forbearance payments, even when the claim would otherwise be untimely. The Code amendment sunsets one year after enactment; therefore, the form itself is proposed to terminate at that time.

We noticed this week that many, many Courts have adopted this form.

dontforget

Subchapter V Reminder – March 27, 2021 Current Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021, although an extension has been proposed.

Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible. The extension is included in the legislation to watch above.

courtscales

From the Courts

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
hauber
IN CASE YOU MISSED IT . . .

Chapter 13 – It’s Good To Have A Plan

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.

“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”

February 22, 2021
Archives
ahern

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern has previously reported on bankruptcy-related legislation passed in 2019 and amended in response to the COVID-19 pandemic. This week, he returns to the subject and focuses on a much-needed patch in the treatment of small business debtors’ leases under the Consolidated Appropriations Act, 2021 (“CAA”).
billpurdy

Form 1099G – How to Fight Back Against Scams

By William J. Purdy III (Soquel, CA)
Although written for Californians, the issue is national. Simply replace the acronym EDD for your state’s unemployment entity.

Many taxpayers believe any form 1099 writ from on high. They figure such forms are unchallengeable, immutable, all powerful, and require full and docile submission. Poppycock. In the Great Recession, banks issued millions of Forms 1099-A and 1099-C that were inspired fiction. Many taxpayers attached the erroneous forms to their tax returns and using a well drafted Plain Paper Attachment, explained why the forms were wrong and the potential tax increase was short circuited right then and there!

See also: Massive Fraud Slows Legitimate Unemployment Claims, State Says

hauber

Chapter 13 – It’s Good To Have A Plan

The Chapter 13 Business Model

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.

“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”

whitehouse
blise

New Judge Appointed in the Eastern District of Wisconsin

(Not password protected)
supremecourt

From the Supreme Court: Case to Watch

(Not password protected)
pardo

On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State

(Not password protected)
By Professor Rafael I. Pardo, Emory University School of Law
“. . . by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered system that nationalized bankrupts’ assets, some of which featured prominently in the business of slavery.”

New Proof of Claim Form

(Not password protected)
Director’s Form 4100S is new, in response to the Consolidated Appropriations Act of 2020, which amended Code sections 501 and 502 to provide that creditors under Federally backed mortgages, qualified under the CARES Act and RESPA, and who entered into forbearance agreements with debtors, may file proofs of claim for the deferred forbearance payments, even when the claim would otherwise be untimely. The Code amendment sunsets one year after enactment; therefore, the form itself is proposed to terminate at that time.
starofdavid

Passing of Judge Shapiro

(Not password protected)
James E. Shapiro was a bankruptcy court judge for the Eastern District of Wisconsin from 1986 to September of ’96 when he was elevated to Chief Judge. He served as Chief Judge for four years and retired from the court on December 31, 2012. He passed away Feb. 5, 2021 at the age of 90.
dontforget

Subchapter V Reminder – March 27, 2021 Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021 (unless extended).

Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible.

bitcoin

Bitcoin

(Not password protected)
How are Bitcoin Created? An illustrated guide to bitcoin mining, blockchains, and the “minting” process of cryptocurrency’s most popular coin.

  • See also this ConsiderChapter13.org resource from 2016: Bitcoins and Bankruptcy By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee (Cleveland, OH)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Your clients need to know this . . . Lost a Job or Income? Don’t lose access to key tax credits – Earned Income Tax Credit and the Child Tax Credit.
caution
markleffler
IN CASE YOU MISSED IT . . .

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 2 of 2: Thomas v. Midland Funding, LLC

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15 U.S.C. § 1692e.

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 1 of 2

February 15, 2021
Archives

blackhistorybanner

jansensenich

2020 Vision

(Not password protected)
By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont
“Before the murder of George Floyd, I thought I understood institutional racism. I did not deny that it existed, and I knew it was a terrible thing. I believed that by supporting politicians who called for social reforms aimed at correcting institutional racism, I was doing my part.”
bernicedonald

Judges on Race: Reducing Implicit Bias in Courtrooms

(Not password protected)
By United States Circuit Judge Bernice Donald
In December and January Law360 ran a series of free articles entitled Judges on Race. While they are all very good, we want you to particularly note Judge Donald’s article: With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says Sixth Circuit Judge Bernice Donald.

The National Association of Chapter Thirteen Trustees is pleased to announce that The Honorable Bernice Donald will be the keynote speaker at its summer conference (hopefully) in Washington, D.C. Mark your calendar now for July 7-10 for an in person or virtual seminar.

autherinelucy

Autherine Lucy: Failed Integration Bid Left Lasting Legacy

(Not password protected)
Before Brown v. Board of Education there was Autherine Lucy.
pardo

On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State

(Not password protected)
By Professor Rafael I. Pardo, Emory University School of Law
“. . . by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered system that nationalized bankrupts’ assets, some of which featured prominently in the business of slavery.”
webinar

Still Time to Register for Free Webinar

City of Chicago v. Fulton: What SCOTUS Did Not Say

This Friday, February 19th – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific

Join Chapter 13 Trustee Jody Bledsoe along with noted attorneys Rich Parker and Tony Sottile in a one-hour presentation on the recent Fulton decision. Our expert panel will dig into what the Supreme Court did not rule on in this case. They will also drill down into Sections 362 and 542.

Can’t attend on Friday? It is ConsiderChapter13.org’s practice to record all webinars. Although we offer live webinars FREE, access to the recordings is a benefit of subscription. Only $275/year for access to ALL of the resources! Click her to subscribe.

(If you are a solo practitioner and have been impacted by the pandemic, contact us for a discount.)

moretime

Forbearance Period Extended

(Not password protected)

FHFA Extends Foreclosure and REO Eviction Moratoriums and COVID Forbearance Period

Note the fine print regarding forbearances – three-month extension only applies to those already in a forbearance by 2/28/21 and it is not an automatic extension – one must request it.
dontforget

Subchapter V Reminder – March 27, 2021 Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021 (unless extended).

Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible.

legislation

Webinar Recording Now Available

Recent Legislation January 2021

Join The Honorable William H. Brown (retired), and Chapter 13 Trustees Henry Hildebrand and Debra Miller in a one hour discussion regarding consumer bankruptcy implications of the Bankruptcy Administration Improvement and Consolidated Appropriations Acts, along with some thoughts on pending legislation.

New Information: During the webinar Trustee Miller mentioned a not yet available Director’s Form – several of you have emailed asking for it. The form has now been released: Supplemental Proof of Claim for CARES Forbearance Claim

nclc

From the National Consumer Law Center

(Not password protected)
NCLC is partnering with Consumer Reports to hold credit reporting agencies accountable for errors and need your help.

At least one in four of us probably has an error in our credit report. And the COVID-19 financial crisis has made that bad situation even worse.

Can you check your credit report for errors, and let Consumer Reports know what you find? You’ll be a key part of a groundbreaking Consumer Reports’ people-powered research project, where thousands of consumers like you use their credit report to finally hold these powerful credit agencies accountable.

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

Common and Costly Errors Taxpayers Should Avoid When Preparing a Tax Return

KenSiomos
IN CASE YOU MISSED IT . . .

Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)
Attorney Siomos focuses on how 1328(i) can hurt debtors.

“The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i).”

See also:

February 8, 2021
Archives
markleffler

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 2 of 2: Thomas v. Midland Funding, LLC

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15 U.S.C. § 1692e.

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 1 of 2

KenSiomos

Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)
Attorney Siomos focuses on how 1328(i) can hurt debtors.

“The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i).”

See also:

legislation

(Not password protected)
On 1/29/21 ConsiderChapter13.org hosted its first webinar of the year with many to come. All webinars are free is viewed live; however, access to the webinar recordings are a benefit of subscription to ConsiderChapter13.org. Not a subscriber? Click here to join now.

The Recording of “Recent Legislation January 2021” is now available.

Join The Honorable William H. Brown (retired), and Chapter 13 Trustees Henry Hildebrand and Debra Miller in a one hour discussion regarding consumer bankruptcy implications of the Bankruptcy Administration Improvement and Consolidated Appropriations Acts, along with some thoughts on pending legislation.

farmerinthenews

Farmers In The News

(Not password protected)
gaveljudge
irs

From the IRS

(Not password protected)
courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship Positions

Chapter 13 Standing Trustee

cfpb

On the CFPB

(Not password protected)
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
caution
racheljones
IN CASE YOU MISSED IT . . .

Legal Aid and Who Are Our Chapter 13 “Customers”

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)
DON’T SKIP THIS ONE JUST BECAUSE YOU THINK YOU KNOW WHO OUR CLIENTELE IS!

“I would argue that for the Debtors living in poverty, Trustees need to take a more panoramic approach and be mindful of the issues impacting individuals in extreme poverty. On the face of the petition and schedules, it may certainly appear some Debtors are making bad choices.”

Additional recommended reading:

February 1, 2021
Archives
Beskin

Paying the Car Loan Directly vs. Through the Plan: Till Debt Us Do Part?

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville)
Debtor owed $13,000 to Dort Federal Credit Union on a car loan. The confirmed plan called for her to repay the loan directly to DFCU at the contract interest rate of 15%. The Trustee challenged this provision on two grounds.
geraci

Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law LLC (Chicago, IL)
NAT 1The Geraci firm takes a different approach in looking at Fulton.

“Chapter 13 practitioners are urged to examine this decision more closely because the holding in Fulton is quite narrow: . . .”

See also:
City of Chicago v. Fulton And the Turnover Conundrum
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

Click here for the Opinion

racheljones

Legal Aid and Who Are Our Chapter 13 “Customers”

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)
DON’T SKIP THIS ONE JUST BECAUSE YOU THINK YOU KNOW WHO OUR CLIENTELE IS!

“I would argue that for the Debtors living in poverty, Trustees need to take a more panoramic approach and be mindful of the issues impacting individuals in extreme poverty. On the face of the petition and schedules, it may certainly appear some Debtors are making bad choices.”

Additional recommended reading:

courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship Positions

Chapter 13 Standing Trustee

cfpb

On the CFPB

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
cmoran
IN CASE YOU MISSED IT . . .

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

By Cathy Moran, Esq., (Redwood City, CA)
Another great, practical piece from Board Member Cathy Moran: “Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27, 2020.”
January 25, 2021
Archives
williambrown

City of Chicago v. Fulton And the Turnover Conundrum

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
“If the creditor is likely to lose the turnover action, it would make more sense from a cost-benefit analysis simply to turn over the property as soon as possible, without requiring a formal turnover action.”

Click here for the Opinion

cmoran

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

By Cathy Moran, Esq., (Redwood City, CA)
Another great, practical piece from Board Member Cathy Moran: “Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27, 2020.”
Merideth-Akers

In The Staff Department

I Feel A Change Coming On (Song by Bob Dylan, 1964)

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
This week we launch the first in a new, ongoing series of articles directed to staff – particularly staff of trustees’ offices but many of the lessons conveyed will transfer to support staff of any office type.

“Every Trusteeship has encountered unexpected change during the past year.”

JohnGJansing

Meet a Newish Trustee

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On October 1, 2019, John G. Jansing was appointed Chapter 13 Standing Trustee for the Southern District of Ohio at Dayton. John took over from Jeff Kellner, who retired and moved to New Hampshire.
courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship Positions

Chapter 13 Standing Trustee

foryourblog

For Your Blog

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

Congress Approves $25 Billion in Rental Assistance. Here’s How to Apply

caution
markleffler
IN CASE YOU MISSED IT . . .

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

By Kevin M. Ball, Eastern Michigan University
“This memorandum provides a brief description of the reasons that the legislation is likely to fail and proposes that the Chapter 13 trustees best chance to defeat the legislation comes from aligning themselves with other interests opposed to its passage.”
January 18, 2021
Archives

mlk

supremecourt

SCOTUS Decision: Section 362(a)(3) Is Not Violated by Retention of Repossessed Propert

(Not password protected)
On January 14, 2021, the Supreme Court held in City of Chicago v. Fulton, 592 U.S. _____ (2021), that “mere retention” of estate property after the filing of a bankruptcy petition does not violate § 362(a)(3) of the Bankruptcy Code. Essentially, in order to recover property from a repossessing creditor, turnover under § 542 would be required. Watch for more about the opinion and its ramifications coming soon.

Click here for the Opinion

ahern

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part VII

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In the consumer bankruptcy field, practitioners are often uncomfortable with the rules in UCC Article 9. Ahern has written a series for the Academy, designed to review Article 9’s rules related to consumer transactions. This week, he concludes his review of Article 9’s rules related to consumer transactions with an essential analysis of penalties imposed on creditors for violations of rules regulating their exercise of remedies.

Click here for Part I
Click here for Part II
Click here for Part III
Click here for Part IV
Click here for Part V
Click here for Part VI

markleffler

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

By Kevin M. Ball, Eastern Michigan University
“This memorandum provides a brief description of the reasons that the legislation is likely to fail and proposes that the Chapter 13 trustees best chance to defeat the legislation comes from aligning themselves with other interests opposed to its passage.”
law

1/12/21 – Bankruptcy Administration Improvement Act Signed Into Law

(Not password protected)
Bill modifies administrative provisions related to the bankruptcy trustee system. Specifically: (1) provides for the distribution of bankruptcy fees made to the U.S. Trustee System Fund for the costs of administering payments and trustee compensation, (2) establishes the Chapter 7 Trustee Fund and associated fees, and (3) extends the temporary office of bankruptcy judges in specified judicial districts.

courtscales

From the Courts

(Not password protected)
irs

From the IRS

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  • Recovery Rebate Credit – No Double Dipping – this credit is ONLY for folks who did NOT receive their stimulus payments ($1,200 and $600)
openposition

Positions Open

(Not password protected)
Judgeship Positions

Chapter 13 Standing Trustee

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Notice: If You Are a Former Member of Members 1st Federal Credit Union Who Was Charged Overdraft Fees between March 29, 2015 and January 14, 2019, and who had closed their accounts prior to January 14, 2019, You May Be Eligible For Benefits Under a Class Action Settlement.
appnotworking

From the Judiciary

(Not password protected)

ChapMobile App Not Working as of 1/15/21

On January 14, 2021, updates were made on Google servers which affected the display of Hearing and 341 Calendars for the ChapMobile App. Although the main display of the hearing and 341 calendars will not produce data, the Search functions within these areas will produce results. This is a national problem, but the Judiciary has isolated the issue and has adjusted the ChapMobile App code to match the changes made by this Google update. The Judiciary will be deploying an updated ChapMobile App to the Apple and Google App Stores as soon as possible. We anticipate the new app will be released by the App Stores in the next few days. Users will receive the update via their devices.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)

Bankruptcy Trustee Sues Mom, Family of Westchester Funeral Home Director in Fraud Case (Chpt 7 case – big money – worth the read)

williambrown
IN CASE YOU MISSED IT . . .

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

By The Honorable William Houston Brown (Retired)
hildebrand

Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
January 11, 2021
Archives
williambrown

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

By The Honorable William Houston Brown (Retired)
Judge Brown looks at the “Stimulus Bill”

“Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under section 6428 of the Internal Revenue Code.” . . . Section 1001 also amends Bankruptcy Code § 1328 to add subsection (i)(1), . . .”

hildebrand

Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“While several of the bankruptcy provisions are to be expected – such as excluding stimulus payments made under the Internal Revenue Code from being considered property of the estate or disposable income – the law creates, for a one-year period, a substantial modification in § 1328 . . .”
kevinanderson

Statistics – Sad but True

From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
racheljones

Legal Aid and Who Are Our Chapter 13 “Customers”

(Not password protected)
By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)
Attorney Jones looks takes a graceful look at poverty in America. “What I found most troubling about low-income representation is how one, seemingly minor but frustrating, episode to the middle or upper classes, can be devastating for a low-income individual.”
bernstein

Passing of Judge Bernstein

(Not password protected)
“Intellectually curious and committed to helping develop a generation of excellent attorneys, Bernstein continued to teach while building his own career, including courses at the University of Toledo, Wayne State and the University of Detroit law schools.”

Click here for obituary

openposition

Positions Open

(Not password protected)
Judgeship Positions

Chapter 13 Standing Trustee

cfpb

On the CFPB

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
markleffler
IN CASE YOU MISSED IT . . .

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.”
January 4, 2021
Archives
markleffler

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.”
cmoran

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.”
courtscales

From the Courts

(Not password protected)
takethesurvey

Consumer Attorneys Work and Fee Survey

(Not password protected)
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 www.AttorneyFeeStudy.com 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.

taxcredit

CARES Act FFCRA Tax Credit Extended

(Not password protected)

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.

moneyhide

State-By-State Guide to Litigation Financing Disclosure

(Not password protected)
Not the normal kind of thing you would see at ConsiderChapter13.org, 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.”

openposition

Positions Open

(Not password protected)
Judgeship Positions

cfpb

On the CFPB

(Not password protected)
  • 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.”
foryourblog

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

hildebrand
IN CASE YOU MISSED IT . . .

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.

December 28, 2020
Archives

newyear2021

(G-o-o-d-b-y-e 2020!!)

hildebrand

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.

garrett

Chapter 13 – It’s Good To Have A Plan

(Not password protected)

Why Junk the Whole System When Minor Remedies Would Suffice?

By Shannon Garrett, Esq. (Topeka, KS)
As a Debtor’s bankruptcy practitioner, I was encouraged to see Senator Warren’s proposed reform plan. Bankruptcy is one of the few areas where bipartisan support and action are possible, and being a fan of the current structure, I welcome the reform as a chance to make a good system better. But . . .
economicpackage

Second Stimulus Bill

The 2nd “Stimulus Bill” was passed by both houses of Congress but not signed by the President. This Bill, if it becomes law, contains changes that affect consumer bankruptcy practice. We will be bringing you more on this in the weeks to come.

legislation

Another Piece of Legislation to Be Aware Of

S.4996 – Bankruptcy Administration Improvement Act of 2020

cmoran

Diaz: Is it Really a Tax REFUND?

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA)
Last week, we erroneously ran this article titled: Is it Really a Tax Return – “Return” should have been “Refund.” We apologize for this error.

. . . the limitations on projected expenses that constrain an above median debtor don’t apply to a below median income debtor. . . . Thus, every debtor with EITC should be entitled, under the holding of Diaz, to deduct the reasonable and necessary expenses to support themselves and their dependents.

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openposition

Positions Open

(Not password protected)
Judgeship Positions

Staff Attorney

  • Middle District of Georgia (Columbus) – Application due date 1/8/21
JamesDavis
IN CASE YOU MISSED IT . . .

Is Nunc Pro Tunc Really Sunk?

By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
Bankruptcy Courts take determinations from the Supreme Court seriously . . . But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc.”