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March 22, 2021
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Archives |
6 Steps to Ethical Unbundling of Bankruptcy Representation
The American Rescue Plan
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:
- CFPB Steps in to Help Shield Consumers from Having Their Stimulus Check Garnished by Creditors – The agency says banks are willing to help consumers who are affected by this issue
- From the Auto Industry: CFPB Wants Stimulus Payments to Go to Consumers, Not Collectors
Legislation to Watch
- H.R. 1651: COVID–19 Bankruptcy Relief Extension Act of 2021 – Bill passed the House 3/17
- S. 473: COVID–19 Bankruptcy Relief Extension Act of 2021 (Bill is only 2 pages long.)
From the Editor
Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions
More on Fulton
Chapter 12 Conference Farm Reorganization
July 22, 23 & 29, 30, 2021 – VIRTUAL
From the IRS
- Tax Day for Individuals Extended to May 17 (From April 15th)
- 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.
Positions Open
- Sixth Circuit announced final 5 candidates for Eastern District of Michigan judgeship. They request comments in order to narrow 5 to 3.
- District of Minnesota – Term Law Clerk
- District of Maryland – Term Law Clerk
Subchapter V
From the Courts
- Middle District of FL – Proposed Local Rules Available for Comment
- District of KS – Revised Local Rules effective 3/17/21
- District of NJ – Zoom Trial Guidelines
- Eastern District of MI – Transitioning to NextGen 6/1/21
- Northern District of IL – Transitioning to NextGen 5/24/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21 – CM/ECF will be shut down from Thursday 4/1 through 8 am Monday 4/4
For Your Blog
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- Texas Energy Company that Charged Huge Electric Bills During Storm Files for Bankruptcy (This is all kinds of Oh My!)
Critical Case Comment
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March 15, 2021
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Archives |
Critical Case Comment
The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up
From the Editor
Serendipity, a Tribute to Judge Jack B. Schmetterer
Chapter 13 Practice and Procedure
The Advisory Committee on Bankruptcy Rules Needs Your Help
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.
Positions Open
- District of Maryland – Term Law Clerk
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
Subchapter V
- What Qualifies as “Engaged in Business or Commercial Activities” for Subchapter V Eligibility? (In re U Stop)
- Reminder – March 27 is the Current Deadline to decrease the cap back to $2,725,625, although an extension has been proposed.
From the Courts
- District of NJ – New Motion for Discharge Pursuant to § 1328(i)
- Eastern District of TN – New CM/ECF Dictionary Events for Section 1328(i) Discharge
- Middle District of GA – Amendment to LBR 9013-3 Certificate of Service – Motions
- Middle District of NC – New local form Motion for Entry of Discharge Section 1328(i)) and other issues
- Northern District of OK – New policy regarding motions for relief from stay
- District of SC – Revised Conduit Orders (Judges Duncan and Waites)
- Northern District of GA – Transitioning to NextGen 8/9/21
- District of AZ – Transitioning to NextGen 6/28/21
- Eastern District of MI – Transitioning to NextGen 6/1/21
- District of MD – Transitioning to NextGen 5/10/21
- Eastern District of OK – Transitioning to NextGen 4/1/21
Sanctions and Irony and Fraud, Oh My!
Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA
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March 8, 2021
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Archives |
Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA
An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years
More on Fulton
- 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)
- City of Chicago v. Fulton: What SCOTUS Did Not Say Webinar Recording – Without a doubt, one of the best webinars we have ever produced
Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.
From the Advisory Committee on Bankruptcy Rules
Debra L. Miller, Esq.
Chapter 13 Standing Trustee for the Northern District of Indiana
Of Interest to, Well, Everyone
From the United States Courts
Farmers in the News
New Judge Appointed
Positions Open
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Northern District of Mississippi – Term Law Clerk to Judge Selene D. Maddox – Application due date 3/12/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
Subchapter V
- Reminder – March 27 is the Current Deadline to decrease the cap back to $2,725,625, although an extension has been proposed.
From the Courts
- Eastern District of TN – New CM/ECF Dictionary Events for Section 1328(i) Discharge
- Middle District of GA – Amendment to LBR 9013-3 Certificate of Service – Motions
- Middle District of NC – New local form Motion for Entry of Discharge Section 1328(i)) and other issues
- Northern District of OK – New policy regarding motions for relief from stay
- District of OR – Kirsten Wilkinson Selected as Next Clerk of Court
- Northern District of IL – Revised Court-Approved Retention Agreement for cases filed on or after March 15, 2021
- District of SC – Changed Till rate
- District of SC – Revised Conduit Orders (Judges Duncan and Waites)
- Eastern District of OK – Transitioning to NextGen 4/1/21
For Your Blog
- HUD.gov has a good all-in-one-place resource for homeowners – Special COVID-19 Mortgage Relief for Homeowners with FHA-Insured Single Family Mortgages
- New Rules for Self-Employed and Gig Workers Applying for PPP Loans Are Out. Here’s What You Need to Know
Reaffirmations Impose Impossible Demands on Bankruptcy Counsel
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March 1, 2021
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Archives |
Turnover by Motion? How About Under Rule 6008?
Webinar Recording Now Available
- 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.
Reaffirmations Impose Impossible Demands on Bankruptcy Counsel
Farmers in the News
Farm Bankruptcies During 2020 – Filings Drop 7% During 2020, Not Out of the Woods Yet
Legislation to Watch
Durbin, Grassley Introduce Bipartisan Legislation to Extend CARES Act Bankruptcy Relief Provisions ( . . . ‘til March 2022. Oy vey)
Credit Scores in the News
Positions Open
- Middle District of Alabama – Trustee’s Staff Attorney – Application deadline 3/24/21
- Northern District of Mississippi – Term Law Clerk to Judge Selene D. Maddox – Application due date 3/12/21
- Eastern District of Wisconsin – Two Law Clerks for Judge Blise – Career Law Clerk; Term Law Clerk
- District of Minnesota – Judgeship – Application due date 3/18/21
- District of Puerto Rico – Judgeship – Application due date 3/3/21
New Supplemental Proof of Claim Form
Subchapter V Reminder – March 27, 2021 Current Deadline
From the Courts
- Southern District of Ohio – Increased No Look Fee
- Western District of Michigan – Attn: Debtor Attorneys – To be considered for increased Fee Memorandum rates, you must certify your attendance at 2020 bankruptcy legal education by completing and submitting Exhibit 6.
- Northern District of Illinois – Revised Court-Approved Retention Agreement for cases filed on or after March 15, 2021
- District of South Carolina – Changed Till rate
- District of South Carolina – Revised Conduit Orders (Judges Duncan and Waites)
- Western District of Pennsylvania – Increase in Loss Mitigation Program Fee Limits
- District of Nevada – Mortgage Modification Program Fee Updates
- Middle District of Florida – Judge Colton Only Chpt 13 Hearing Procedures effect 3/1/21 – IMPORTANT
- District of Minnesota – Proposed Abrogation of Local Rule 1007-4(b) and Proposed New Local Rule and Form 2016-2 regarding disclosure of atty fees in adversaries.
- Northern District of New York – Loss Mitigation Procedures revised to clarify the process for participation when a motion to terminate the automatic stay has been granted as to real property. The revisions to Part V (A) and (B) provide for uniformity in practice across the divisions. Click here for a redline of the revisions.
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Middle District of Alabama – Transitioning to NextGen 3/8/21 – ECF will be unavailable from noon on Friday the 5th through 7am Monday
- District of Maryland – Transitioning to NextGen 5/10/21
- Eastern District of Michigan – Transitioning to NextGen 6/1/21
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
- Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance This is not a typical debt collector story. It reveals an atypical scam, the depths of which you need to have a passing knowledge of.
Chapter 13 – It’s Good To Have A Plan
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February 22, 2021
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Archives |
SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021
Form 1099G – How to Fight Back Against Scams
Chapter 13 – It’s Good To Have A Plan
The Chapter 13 Business Model
Foreclosures: The New Date is July 1
New Judge Appointed in the Eastern District of Wisconsin
From the Supreme Court: Case to Watch
- Amicus Brief: McCoy Student Debt Bankruptcy Discharge
On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State
New Proof of Claim Form
Passing of Judge Shapiro
Subchapter V Reminder – March 27, 2021 Deadline
Bitcoin
- 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)
From the Courts
- Middle District of Florida – Judge Colton Only Chpt 13 Hearing Procedures effect 3/1/21 – IMPORTANT
- District of Minnesota – Proposed Abrogation of Local Rule 1007-4(b) and Proposed New Local Rule and Form 2016-2 regarding disclosure of atty fees in adversaries.
- Northern District of New York – Loss Mitigation Procedures revised to clarify the process for participation when a motion to terminate the automatic stay has been granted as to real property. The revisions to Part V (A) and (B) provide for uniformity in practice across the divisions. Click here for a redline of the revisions.
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Middle District of Alabama – Transitioning to NextGen 3/8/21
- District of Maryland – Transitioning to NextGen 5/10/21
- Eastern District of Kentucky – NextGen went into effect over the weekend
For Your Blog
- 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.
Student Loan Chronicles
- Student Debt Crisis Hits Black Borrowers Hardest – These debtors say Biden’s plan to tackle it isn’t enough
Sanctions and Irony and Fraud, Oh My!
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
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February 15, 2021
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Archives |
2020 Vision
Judges on Race: Reducing Implicit Bias in Courtrooms
Autherine Lucy: Failed Integration Bid Left Lasting Legacy
On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State
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.)
Forbearance Period Extended
FHFA Extends Foreclosure and REO Eviction Moratoriums and COVID Forbearance Period
Subchapter V Reminder – March 27, 2021 Deadline
Webinar Recording Now Available
From the National Consumer Law Center
From the Courts
- Middle District of Georgia – Proposed LBR 9072-1 and Proposed LBR 9073-1 regarding Final Disposition Calendar Procedures
- Northern and Southern Districts of Mississippi – ChapMobile app now available – To download the app, go to the Apple App Store or Google Play App Store and search for “chapmobile”
- Northern District of Georgia – Northern District of Georgia Bankruptcy Court is interested in your input in planning how to conduct hearings when it returns to normal operations post-pandemic. Please complete survey by 2/16/21.
- Eastern District of Michigan – Notice Regarding Updated System Banner – Although we only saw this notice on one court’s website, it is probably the policy for all CM/ECF users – the message: You Are Being Recorded
- Middle District of Alabama – Transitioning to NextGen 3/8/21
- Eastern District of Kentucky – Transitioning to NextGen 2/22/21
- District of Maryland – Transitioning to NextGen 5/10/21
Positions Open
- Western District of Texas – San Antonio – Application due date 2/26/21
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
From Fannie Mae
Worth repeating: You Don’t Have to Repay the Forbearance Amount All at Once Upon Completion of Your Forbearance Plan: Get the Facts
Is 1328(i) Ultimately Terrible for Debtors?
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February 8, 2021
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Archives |
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
Is 1328(i) Ultimately Terrible for Debtors?
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:
WEBINAR RECORDING NOW AVAILABLE
On 1/29/21 ConsiderChapter13.org hosted its first webinar of the year with many to come. All webinars are free if 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.
Farmers In The News
New NY Judges Appointed
From the IRS
- Business Aid: For eligible employers, paid sick and family leave credits have been extended for leave taken through March 31- IRS Updates FAQs on Paid Sick Leave Credit and Family Leave Credit
From the Courts
- Northern District of Georgia – Bankruptcy Court interested in input in planning how to conduct hearings when it returns to normal operations post-pandemic. Please complete survey by 2/16/21.
- District of Maryland – Transitioning to NextGen 5/10/21
- District of Oregon – On February 1, the court will implement a new calendar program (CHAP) that will affect how hearings are scheduled
- Eastern District of Michigan – Notice Regarding Updated System Banner – Although we only saw this notice on one court’s website, it is probably the policy for all CM/ECF users – the message: You Are Being Recorded
- Middle District of North Carolina – Standing Order re Ch 13 Notices Rule 2002(h)
- District of Nevada – Administrative Order 2021-01 – Order Adopting Chapter 13 Presumptive Attorney’s Fees Guidelines
- Middle District of Alabama – Transitioning to NextGen 3/8/21
- Eastern District of Kentucky – Transitioning to NextGen 2/22/21
Positions Open
Judgeship Positions
- Western District of Texas – San Antonio – Application due date 2/26/21
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
Chapter 13 Standing Trustee
- District of South Carolina, Columbia Division – Application due date 2/19/21
On the CFPB
- Struggling During the Pandemic? COVID-19 Financial Relief and Protections Extended (Not a great title – this article spells out all the deadlines as of 2/1/21 – i.e. no payment on federally backed student loans until 10/1/21; evictions for renters stayed until 4/1/21; FHA or USDA backed loans 4/1/21; etc.
- Acting Director David Uejio Issues Warning: CFPB Will Take Aggressive Action with Regard to COVID-19
Student Loan Chronicles
- Biden Supports Cancelling Student Debt, Expresses Openness to Executive Action
(There are lots of articles out there on this topic – bottom line seems to be two proposals: (1) $10k per borrower forgiven if via executive order; (2) $50k per borrower forgiven if via law (a/ka/ the ever looming “Act of Congress”).)
Sanctions and Irony and Fraud, Oh My!
- WA Launches Investigation Into 200,000 Missing Cows at Center of Easterday Bankruptcy, Legal Fight (headline pretty much says it all – couldn’t resist running a story on 200,000 missing cows!!!)
IN CASE YOU MISSED IT . . .
Legal Aid and Who Are Our Chapter 13 “Customers”
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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February 1, 2021
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Archives |
Paying the Car Loan Directly vs. Through the Plan: Till Debt Us Do Part?
Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?
The 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
Legal Aid and Who Are Our Chapter 13 “Customers”
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:
From the Courts
- District of Oregon – On February 1, the court will implement a new calendar program (CHAP) that will affect how hearings are scheduled
- Eastern District of Michigan – Notice Regarding Updated System Banner – Although we only saw this notice on one court’s website, it is probably the policy for all CM/ECF users – the message: You Are Being Recorded
- Middle District of North Carolina – Standing Order re Ch 13 Notices Rule 2002(h)
- Northern District of Georgia – Public Notice Regarding Reassignment of Judge Homer Drake Cases
- Middle District of North Carolina – Sandy Davis is Judge Aron’s new Courtroom Contact – her number is 336-358-4028
- District of Nevada – Administrative Order 2021-01 – Order Adopting Chapter 13
Middle District of Alabama – Transitioning to NexGen 3/8/21 - Eastern District of Kentucky – Transitioning to NextGen 2/22/21
Positions Open
Judgeship Positions
- Western District of Texas – San Antonio – Application due date 2/26/21
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
Chapter 13 Standing Trustee
- District of South Carolina, Columbia Division – Application due date 2/19/21
- Northern District of Illinois, Eastern Division – Application due date 2/5/21
On the CFPB
- Supervisory Highlights COVID-19 Prioritized Assessments Special Edition – This 28-paged Special Edition inform of observations in its prioritized assessment supervisory work conducted last year after the sudden onset of the COVID-19 pandemic – focused on assessing risks to consumers resulting from the pandemic.
Sanctions and Irony and Fraud, Oh My!
- Calabasas Real Estate Developer Indicted for Bankruptcy Fraud – Mark Handel was indicted for fraud, money laundering, and falsely testifying under oath.
- Judge Wants Payday Loan Firm to Pay $132.5M to Victims (same case as above)
IN CASE YOU MISSED IT . . .
Delinquent Utilities and Disconnection Under New Bankruptcy Provision
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BUSINESS AIDS (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
BY THE NUMBERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 25, 2021
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Archives |
“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.”
Delinquent Utilities and Disconnection Under New Bankruptcy Provision
In The Staff Department
I Feel A Change Coming On (Song by Bob Dylan, 1964)
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.”
Meet a Newish Trustee
From the Courts
- District of Nevada – Administrative Order 2021-01 – Order Adopting Chapter 13 Presumptive Attorney’s Fees Guidelines
Middle District of Alabama – Transitioning to NexGen 3/8/21 - Eastern District of Kentucky – Transitioning to NextGen 2/22/21
- Middle District of Alabama – New 11 U.S.C. 1328(i) Discharges new local form, not a 9007 motion.
- District of Minnesota – Congratulations to recipients of the Judge Nancy C. Dreher Pro Bono Distinguished Service Award: Attorneys Peter Greenlee, Yvonne Michaud Novak and Dennis Ryan
- Southern District of Mississippi – Bankruptcy filings for 2020 down 31.5% over prior year
Positions Open
Judgeship Positions
- District of Minnesota – Application due date 3/18/21
- District of Puerto Rico – Application due date 3/3/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Eastern District of Tennessee – Application deadline extended to 1/29/21
Chapter 13 Standing Trustee
- District of South Carolina, Columbia Division – Application due date 2/19/21
- Northern District of Illinois, Eastern Division – Application due date 2/5/21
On the CFPB
- FTC Commissioner Rohit Chopra to be Named CFPB Director – A Strong Consumer Advocate and Aggressive Law Enforcer
For Your Blog
Congress Approves $25 Billion in Rental Assistance. Here’s How to Apply
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
The Proposed Consumer Bankruptcy Reform Act: A Political Analysis
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
BUSINESS AIDS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 18, 2021
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Archives |
SCOTUS Decision: Section 362(a)(3) Is Not Violated by Retention of Repossessed Propert
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part VII
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
The Proposed Consumer Bankruptcy Reform Act: A Political Analysis
1/12/21 – Bankruptcy Administration Improvement Act Signed Into Law
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.
From the Courts
- Eastern District of Kentucky – Transitioning to NextGen 2/22/21
- Western District of Kentucky – Welcome new judge – Honorable Charles R. Merrill
- Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
From the IRS
- Recovery Rebate Credit – No Double Dipping – this credit is ONLY for folks who did NOT receive their stimulus payments ($1,200 and $600)
Positions Open
Judgeship Positions
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Eastern District of Tennessee – Application deadline extended to 1/29/21
Chapter 13 Standing Trustee
- Northern District of Illinois, Eastern Division – Application due date 2/5/21
Student Loan Chronicles
Biden to Extend Pause on Federal Student Loan Payments
For Your Blog
- Congress Approves $25 Billion in Rental Assistance. Here’s How to Apply
- 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.
From the Judiciary
ChapMobile App Not Working as of 1/15/21
IN CASE YOU MISSED IT . . .
Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
SUBCHAPTER V (Not password protected)
PROFESSIONAL BEHAVIOR (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 11, 2021
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Archives |
Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020
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), . . .”
Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021
Legal Aid and Who Are Our Chapter 13 “Customers”
Passing of Judge Bernstein
“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.”
From the Courts
- Western District of Kentucky – Welcome new judge – Honorable Charles R. Merrill
- Northern District of Georgia – Public Notice Regarding Virtual Celebration for the Retiring Hon. W. Homer Drake, Jr.
- Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
- District of Arizona – Changes to Courtroom Deputy Assignments
- District of Nevada – Effective 1/1/21, updated Mortgage Modification Program is in effect.
Positions Open
Judgeship Positions
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
Chapter 13 Standing Trustee
- Northern District of Illinois, Eastern Division – Application due date 2/5/21
From the CFPB
- CFPB/Santander Consent Order (previously reported agreement)
IN CASE YOU MISSED IT . . .
Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
SUBCHAPTER V (Not password protected)
FOR YOUR HEALTH (Not password protected)
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January 4, 2021
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Archives |
Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases
Chapter 13 Discharge Expanded by COVID Relief Legislation
From the Courts
- Northern District of Oklahoma – Policy Regarding Relief from Stay During the COVID-19 Crisis
- District of Arizona – Changes to Courtroom Deputy Assignments
- Northern District of Illinois – Congratulations to Elizabeth Peterson, the David S. Yen Bankruptcy Help Desk Volunteer of the Year
- Middle District of Florida, Fort Myers Division – In order to align the Court’s case numbering system with that of the District Court, effective January 1, 2021, the “location code” for cases filed in the Fort Myers Division will be changed from “9” to “2” – attorneys should use the “2” location code in all filings in Fort Myers Division cases.
- District of Nevada – Effective 1/1/21, updated Mortgage Modification Program is in effect.
- District of Nevada – Chapter 13 Presumptive Fees – Request for Public Comment
- District of South Carolina – 2020 South Carolina Bankruptcy Law Association Awards
Consumer Attorneys Work and Fee Survey
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.
CARES Act FFCRA Tax Credit Extended
Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave
State-By-State Guide to Litigation Financing Disclosure
Positions Open
Judgeship Positions
- Eastern District of Michigan – Application due date 1/8/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
On the CFPB
- 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.”
IN CASE YOU MISSED IT . . .
Critical Case Comment
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December 28, 2020
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Archives |
(G-o-o-d-b-y-e 2020!!)
Critical Case Comment
Chapter 13 – It’s Good To Have A Plan
Why Junk the Whole System When Minor Remedies Would Suffice?
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.
Another Piece of Legislation to Be Aware Of
S.4996 – Bankruptcy Administration Improvement Act of 2020
Diaz: Is it Really a Tax REFUND?
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If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.
Positions Open
Judgeship Positions
- New Notice: Eastern District of Michigan – Application due date 1/8/21
- Eastern District of Tennessee – Application due date 1/6/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Middle District of Georgia (Columbus) – Application due date 1/8/21
On the CFPB
IN CASE YOU MISSED IT . . .
Is Nunc Pro Tunc Really Sunk?
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUBCHAPTER V (Not password protected)
PROFESSIONAL BEHAVIOR (Not password protected)
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December 21, 2020
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Happy Christmas and |
Is Nunc Pro Tunc Really Sunk?
Diaz: Is it Really a Tax Refund?
Chapter 13 – It’s Good To Have A Plan
Success/Benefits & Everything in Between
A Few of Our Favorite (Chapter 13) Things
Merry Christmas from our own Academy Secret Santa.This little ditty is designed to brighten your Holiday Season even in a “Chapter 10”, pandemic, fire and hurricane laden 2020.
“Paying the unsecureds fair distribution;
Based on an income and asset solution.
Offering a venue to litigate fairly
Those disputed debts you can pay only barely.”
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If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.
From the National Consumer Bankruptcy Rights Center
Debtor’s Post-Discharge Pre-Closure Motion to Convert Denied (Conversion from 7 to 13)
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
As you may recall, Judge Bonapfel has previously shared with ConsiderChapter13 readers, his detailed guide to Sub Chapter V.He has now edited/supplemented these materials. Click here for the entire Guide.
The supplemental materials are in Part XIV and is designed as a “pocket part.”
Parts I – XIII are unchanged from the July revision except for editorial revisions and corrections.
Positions Open
Judgeship Positions
- Eastern District of Tennessee – Application due date 1/6/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Middle District of Georgia (Columbus) – Application due date 1/8/21
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
Term Law Clerk NEW
- Western District of Tennessee
From the IRS
Small Businesses Should Make Sure to Use the Right Form When Filing Employment Tax Returns
IN CASE YOU MISSED IT . . .
Consumer Bankruptcy Reform Act of 2020 Introduced
“Many provisions of the proposed Act will be controversial, including merging the existing two chapters of relief into one new Chapter 10.”
See also other articles on this topic . . . if you are only going to read one, the Credit Slips article has the most thorough explanation of Chapter 10.
From Credit Slips: The Consumer Bankruptcy Reform Act of 2020
From Forbes: Democrats Propose Allowing Student Loans to Be Discharged in Bankruptcy
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
NEW ON THE NEW BILL (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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December 14, 2020
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| Happy Early Christmas – An entirely FREE update! |  |
The big news of the week . . .
Consumer Bankruptcy Reform Act of 2020 Introduced
“Many provisions of the proposed Act will be controversial, including merging the existing two chapters of relief into one new Chapter 10.”
See also other articles on this topic . . . if you are only going to read one, the Credit Slips article has the most thorough explanation of Chapter 10.
From Credit Slips: The Consumer Bankruptcy Reform Act of 2020
From Forbes: Democrats Propose Allowing Student Loans to Be Discharged in Bankruptcy
Ask Ms. Ps & Qs
How far does the attorney-client privilege go?Although this is a tax case, the attorney-client privilege aspect is an important one for bankruptcy attorneys to note.**************************************Ask Ms. Ps & Qs is normally a password protected, subscription item. We share this important item, free, as an example of what you are missing by not being a subscriber!
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Interested in Joining: Click here! |
If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.
Chapter 13 – It’s Good To Have A Plan
One Woman’s Opinion
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
As you may recall, Judge Bonapfel has previously shared with ConsiderChapter13 readers, his detailed guide to Sub Chapter V.He has now edited/supplemented these materials. Click here for the entire Guide.The supplemental materials are in Part XIV and is designed as a “pocket part.”Parts I – XIII are unchanged from the July revision except for editorial revisions and corrections.
See also:
What Are Owners of Closely-Held Business to Do, When Subchapter V Is Not Available?
Positions Open
Judgeship Positions
- NEW Eastern District of Tennessee – Application due date 1/6/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Middle District of Georgia (Columbus) – Application due date 1/8/21
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
- Middle District of Pennsylvania – Application due date 12/18/20
For Your Blog
This is a good one . . .Looking for something a little different for your blog post?This short video from the CFPB is actually very informative and goes over the various options for homeowners who have received a forbearance. If the homeowner is not in Chapter 13, contacting their servicer or discussing their options with a HUD approved counselor is their best course of action. If the homeowner is in Chapter 13, they need to contact their attorney (you) for advice.Watch this video to help you prepare to pay back your missed payments once forbearance ends.
Sanctions and Irony and Fraud, Oh My!
- Bridgeport Man Pleads Guilty to Bankruptcy Fraud Charge – Anthony Faustini waived his right to be indicted and pleaded guilty to a federal charge.
- New Fraud Charges Filed Against Area Man – (Only a slight bankruptcy connection)
IN CASE YOU MISSED IT . . .
Mortgage Loan Modification Does Not Alter Lien Priority
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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December 5, 2020
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Mortgage Loan Modification Does Not Alter Lien Priority
FHFA Extends Foreclosure and REO Eviction Moratoriums
Practice Pointers for Arguing Motions
Meet the Very Newest Trustee
13 documents by Independence Software – Encrypted and Scans for PII
Be sure to check your Local Rules for changes regarding these Federal Rules Changes which went into effect December 1st
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Positions Open
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
- Middle District of Pennsylvania – Application due date 12/18/20
Chapter 7 Panel Trustee Advertisements
- Western District of Arkansas, Fayetteville and Fort Smith Divisions – Application due date 12/15/20
- Western District of Michigan (Grand Rapids) – Application due date 12/15/20
- Western District of Michigan
From the Courts
- Middle District of Louisiana – Amended Rule 2004-1
- Northern and Southern Districts of Mississippi – Pending Amendments to Local Rules 3007-1, 4001-1, 4002-1
- District of Nevada – New Red-lined Local Rules Effective January 1, 2021 (More significant Chapter 13 changes start on page 20.)
- Middle District of North Carolina – Amended Standing Order Regarding Attorneys’ Fees for Representation of Debtor in Chapter 13 Cases. The order adjusts a number of fees for some of the services that are not covered by the presumptive base fee in chapter 13 cases. Changes are highlighted in yellow.
- Western District of Pennsylvania – Amendment to W.Pa.Lbr 3011-1 Regarding Motions to Reopen Seeking Unclaimed Funds
- Central District of Illinois – Service of Notice of Order Confirming Chapter 13 Plans Effective December 1, 2020
- Northern District of Georgia – Public Notice Regarding Chapter 13 Plan Form and General Orders – Several changes to note including the Plan Form and Revised Post Confirmation Modification
IN CASE YOU MISSED IT . . .
“How Long, O Lord?”
MORTGAGES AND DEEDS OF TRUST (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
ECONOMY AND THE ENVIRONMENT (Not password protected)
FOR YOUR HEALTH (Not password protected)
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November 30, 2020
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“How Long, O Lord?”
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part VI
Click here for Part II
Click here for Part III
Click here for Part IV
Click here for Part V
Another Great Heat Map
Don’t Miss These Rules Changes Effective December 1st
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Trustee Positions Open
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
- Middle District of Pennsylvania – Application due date 12/18/20
Chapter 7 Panel Trustee Advertisements
- Western District of Arkansas, Fayetteville and Fort Smith Divisions – Application due date 12/15/20
- District of Wyoming – Application due date 12/1/20
- Western District of Michigan (Grand Rapids) – Application due date 12/15/20
- Western District of Michigan
From the Courts
- Central District of Illinois – Service of Notice of Order Confirming Chapter 13 Plans Effective December 1, 2020
- Western District of Pennsylvania – Amendment to W.Pa.Lbr 3011-1 Regarding Motions to Reopen Seeking Unclaimed Funds
- Northern District of Georgia – Public Notice Regarding Chapter 13 Plan Form and General Orders – Several changes to note including the Plan Form and Revised Post Confirmation Modification
Bracing Presumptions and Shifting Burdens
FREE: A mini treatise on evidentiary presumptions and the interaction between federal rules and state rules of evidence. Although it uses California law as examples the principles are universal.
- Click here for more on Brace.
From the National Consumer Bankruptcy Rights Center
ACA’s Shared Responsibility Payment Debt Not Entitled to Priority
On the CFPB
- Don’t Make CFPB Start From ‘Square One,’ Agency Tells Appeals Court – A U.S. Supreme Court ruling in June confronted the lawfulness of the consumer agency’s single-director design. Now, courts are picking up where the justices left off.
IN CASE YOU MISSED IT . . .
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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November 23, 2020
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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3
This week we publish part three of a three-part series by an Academy favorite author, David Cox.
Part 1 – Some Basics about Secured Claim Treatment in Chapter 13
Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd
Don’t Miss These Rules Changes Effective December 1st
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Larry Ahern reports this week on changes in Bankruptcy Rules, means test amounts and miscellaneous fees scheduled for November 1 and December 1 this year.Appendix A – Federal Rules of Bankruptcy Procedure Amendments Effective December 1
Appendix B – Adjustments to Means Test Amounts for Cases Filed On or After November 1
Appendix C – Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1
Trustee Positions Open
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
Chapter 7 Panel Trustee Advertisements
- District of Wyoming – Application due date 12/1/20
- Southern District of Georgia, primarily in the Brunswick and Waycross divisions – Application due date 11/30/20
From the Courts
- Northern District of Georgia – Public Notice Regarding Chapter 13 Plan Form and General Orders – Several changes to note including the Plan Form and Revised Post Confirmation Modification
- Western District of Michigan – NextGen will be live 11/23/20
- Northern and Southern Districts of Mississippi – Amendments to the Uniform Local Bankruptcy Rules effective December 1, 2020.
From the National Consumer Bankruptcy Rights Center
Local Standards Apply but Trustee Need Not Be a Sumpsimus
MORTGAGES AND DEEDS OF TRUST (Not password protected)
EVICTIONS IN THE NEWS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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November 16, 2020
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Archives |
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Larry Ahern reports this week on changes in Bankruptcy Rules, means test amounts and miscellaneous fees scheduled for November 1 and December 1 this year.
Appendix A – Federal Rules of Bankruptcy Procedure Amendments Effective December 1
Appendix B – Adjustments to Means Test Amounts for Cases Filed On or After November 1
Appendix C – Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2
This week we publish part two of a three-part series by an Academy favorite author, David Cox.
Part 1 – Some Basics about Secured Claim Treatment in Chapter 13
Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd
Chapter 13 Trustee Duties, Powers and Limitations – Part 7
Judge Robinson’s outstanding, all-inclusive outline concludes with the answer to the question: Is the trustee’s service worth her commission?
Click here for Part 1 – Who appoints and who can remove a trustee.
Click here for Part 2 – The statutory duties of a standing trustee.
Click here for Part 3 – Can the trustee challenge the debtor’s attorney’s fee? And, Should the trustee pursue liquidation or collection of estate assets?
Click here for Part 4 – Exactly whose interests does the trustee represents, and when should the trustee object or move to modify?
Click here for Part 5 – Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))?
Click here for Part 6 – When do the trustee’s duties end, and who gets the money?
YTD Change in Filings – National Average of -37%
Trustee Positions Open
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
Chapter 7 Panel Trustee Advertisements
- District of Wyoming – Application due date 12/1/20
- Southern District of Georgia, primarily in the Brunswick and Waycross divisions – Application due date 11/30/20
New Ohio Judge Profiled
U.S. Bankruptcy Judge Tiiara N.A. Patton Profiled
Big Win on the Debtor Side
Debtor Attorney Awarded $17,302.50 Fees for Correcting $179.98 Mortgage Mistake Leading to $130,000 Past Due Mortgage Debt
From the National Consumer Bankruptcy Rights Center
The Case of the Vanishing Homestead Exemption
Student Loan Chronicles
CFPB Recommends Extending Student Loan Relief
For Your Blog
- Homestead Exemptions: What to know in bankruptcy cases and at property tax time
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
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November 9, 2020
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Archives |
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1
Today we launch a three-part series by an Academy favorite author, David Cox. Cox has brought us many great pieces in the past including a three-part series on representing elderly clients.
Part 1 – Some Basics about Secured Claim Treatment in Chapter 13
Part 2 – Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§
1322(c)(2) And 1325(a)(5). To be published on November 16th
Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd
Chapter 13 Trustee Duties, Powers and Limitations – Part 6
Judge Robinson has created an outstanding, all-inclusive article outlining the duties, powers, and limitations of the Chapter 13 Trustee. We hope you are enjoying this series. Part 6 answers the question: When do the trustee’s duties end, and who gets the money?
Click here for Part 1 – Who appoints and who can remove a trustee.
Click here for Part 2 – The statutory duties of a standing trustee.
Click here for Part 3 – Can the trustee challenge the debtor’s attorney’s fee? And, Should the trustee pursue liquidation or collection of estate assets?
Click here for Part 4 – Exactly whose interests does the trustee represents, and when should the trustee object or move to modify?
Click here for Part 5 – Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))?
Brace & Beyond: Joint Tenancy & Transmutation
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands
Chapter 7 Panel Trustee Advertisements
- Southern District of Ohio, Dayton – Application due date 11/20/20
- District of Wyoming – Application due date 12/1/20
- Southern District of Georgia, primarily in the Brunswick and Waycross divisions – Application due date 11/30/20
New Term of the Week
What the heck is ‘blockchain’??
Apparently, like bitcoin it is a cryptocurrency but for the mortgage industry.
A popular item from last week . . . Handling the Media
From the National Consumer Bankruptcy Rights Center
IN CASE YOU MISSED IT . . .
Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?
From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries.“. . . Under the loan agreement, the borrower remains in possession of his car, but he must repay the loan plus a predetermined charge by a specific date in order to reclaim his title. The borrower fails to timely repay . . . A few days after the expiration of the redemption period, the borrower files a Chapter 13 petition and plan . . .”
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
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November 2, 2020
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Archives |
Meet the New Trustee
Chapter 13 Trustee Duties, Powers and Limitations – Part 5
Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
Bringing back a ‘hit’ from last year . . .*Regrettably Mr. Schmidt has moved on from his position as Judge Gustafson’s Law Clerk.From the National Consumer Law Center
- NCLC has submitted a joint amicus brief with Consumer Federation of America and Consumer Reports to the U.S. Supreme Court in Facebook v Duguid. At issue is the TCPA’s provision allowing autodialed calls to cell phones and protected lines only with the prior express consent of the receiving party. Facebook and its supporters are arguing that the TCPA’s current definition of an Automatic Telephone Dialing System (ATDS) or “autodialer,” which includes systems that store numbers on a list, only includes dialers that dial random or sequentially generated numbers. But unless the caller is calling from a list, the caller has no way of ensuring that it is only calling people who have consented — as Congress intended. Click here for more.
- Announcing the Release of No Fresh Start 2020 – NCLC’s new report surveys the exemption laws of the 50 states, the District of Columbia (D.C.), Puerto Rico, and the Virgin Islands and finds that not one jurisdiction’s laws meet the basic standards that would allow debtors to support themselves and their families.
Handling the Media
Means Test Numbers EFFECTIVE NOW
From the National Consumer Bankruptcy Rights Center
Trustee Absolutely Immune from Personal Liability (Chapter 7 case)
From the Courts
- Veterans’ Day is Wednesday, November 11th – Courts will be closed.
IN CASE YOU MISSED IT . . .
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part V
Click here for Part II
Click here for Part III
Click here for Part IV
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
EVICTIONS IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
THAT’S JUST FUNNY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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October 26, 2020
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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part V
2020 has some asking, “When will it end?” This is a difficult time for individuals and businesses, as trustees and debtors’ advisors deal with the effects of a pandemic-induced recession. In the consumer bankruptcy field, practitioners are often uncomfortable with the rules in UCC Article 9. This series of analyses by Larry Ahern reviews Article 9’s rules related to consumer transactions.This week, he continues an analysis of the procedures required to initiate an Article 9 foreclosure with a review of recent caselaw.In Appendix D, Larry has compiled a list of the topics covered in these analyses, and other appendices, along with dates of publication through the Academy listserv.
Click here for Part I
Click here for Part II
Click here for Part III
Click here for Part IV
Chapter 13 Trustee Duties, Powers and Limitations – Part 4
Means Test Numbers
City of Chicago v. Fulton
From the Courts – (All repeats from last week)
- Central District of California – Judge Robert N. Kwan will retire from the bench on February 5, 2021, after 14 years as a bankruptcy judge. He has been approved to serve as a recalled judge. Judge Kwan was appointed to a 14-year term on February 5, 2007.
- Central District of California – Judge Catherine E. Bauer retired from the bench on September 1, after serving over ten years as a bankruptcy judge. The former recipient of the William J. Lasarow Award and Public Counsel Advocate of the Year was appointed to her judgeship on February 26, 2010. On July 31, Judge Bauer’s pending cases and related bankruptcy proceedings were reassigned to the other judges at the Santa Ana Division.
- Western District of Texas is planning to implement NextGen CM/ECF on November 16, 2020.
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
New Bankruptcy Judge
Sanctions and Irony and Fraud, Oh My!
- Augusta Man Charged with Fraud in Real Estate Purchase – Indictment alleges altered documents used in bankruptcy court
IN CASE YOU MISSED IT . . .
Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
SUBCHAPTER V (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
EVICTIONS IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
NPR BOOKS FOR KIDS (Not password protected)
THAT’S JUST FUNNY (Not password protected)
FOR YOUR HEALTH (Not password protected)
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October 19, 2020
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Archives |
Critical Case Comment
Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium
Chapter 13 Trustee Duties, Powers and Limitations – Part 3
Judge Robinson has created an outstanding, all-inclusive article outlining the duties, powers, and limitations of the Chapter 13 Trustee. We hope you are enjoying this series. Part 3 looks at two issues:
- Can the trustee challenge the debtor’s attorney’s fee?
- Should the trustee pursue liquidation or collection of estate assets?
City of Chicago v. Fulton
From the National Consumer Bankruptcy Rights Center
A very popular item from last week . . . 6th Circuit Clarifies Treatment of 401(k) Contributions in Chapter 13
Bankruptcy Judgeship Opportunities Announced
- The United States Court of Appeals for the Ninth Circuit has announced two Bankruptcy Judgeship Opportunities for the Central District of California. The official duty stations for these positions are Riverside, CA, and Santa Barbara, CA. Additional information on these opportunities and application instructions for qualified applicants can be found on the Ninth Circuit Website. Deadline for receipt of application materials is Thursday, October 29, 2020.
- The United States Court of Appeals for the Second Circuit invites applications from qualified candidates for a 14-year appointment as United States Bankruptcy Judge for the Northern District of New York at Syracuse, New York.
From the Courts
- Central District of California – Judge Robert N. Kwan will retire from the bench on February 5, 2021, after 14 years as a bankruptcy judge. He has been approved to serve as a recalled judge. Judge Kwan was appointed to a 14-year term on February 5, 2007.
- Central District of California – Judge Catherine E. Bauer retired from the bench on September 1, after serving over ten years as a bankruptcy judge. The former recipient of the William J. Lasarow Award and Public Counsel Advocate of the Year was appointed to her judgeship on February 26, 2010. On July 31, Judge Bauer’s pending cases and related bankruptcy proceedings were reassigned to the other judges at the Santa Ana Division.
- Western District of Texas is planning to implement NextGen CM/ECF on November 16, 2020.
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Trustees’ Pet Peeves
First Principles for First Meetings
. . . in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. They needed to know what she had to say. But as communication, it failed. Badly. For utterly avoidable reasons.“So here’s my two cents for trustees on really communicating with bankruptcy debtors.”IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
THAT’S JUST FUNNY (Not password protected)
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October 12, 2020
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Trustees’ Pet Peeves
First Principles for First Meetings
. . . in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. They needed to know what she had to say. But as communication, it failed. Badly. For utterly avoidable reasons.“So here’s my two cents for trustees on really communicating with bankruptcy debtors.”
Chapter 13 Trustee Duties, Powers and Limitations – Part 2
Bankruptcy 101
The Arizona Consumer Bankruptcy Counsel is excited to announce the completion of a series of 10 video sessions titled “Bankruptcy 101”. Their goal was to have a series of basic programs that could be shared with lawyers who are entering, or returning, to bankruptcy consumer practice. Each program is two hours (one is 3 hours). The faculty are some of the best consumer bankruptcy attorneys in Arizona.The attached flyer has the YouTube URL for the entire series (or click here). The programs are free, so please feel free to share as you see fit.
From the National Consumer Bankruptcy Rights Center
6th Circuit Clarifies Treatment of 401(k) Contributions in Chapter 13
From the National Consumer Law Center
NCLC Announces 2020 Rising Star Award Recipients
Passing of Nevada Judge
At 90 years old, the Honorable Judge Lloyd D. George passed away on October 7th.Click here for more information.
From the Courts
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
- Northern District of Oklahoma – (Appears to be nationwide change) BNC is implementing a new format for its Certificates of Notice beginning October 1, 2020 – Click here for sample
Chief Judge
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV
Click here for Part II
Click here for Part III
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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October 5, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV
Chapter 13 Trustee Duties, Powers and Limitations
In Tribute to Justice Ginsburg
Justice Ruth Bader Ginsburg’s Bankruptcy Opinions
From the National Consumer Law Center
New Rights for Homeowners Exiting COVID-19 Forbearances
From the Courts
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
- District of Oregon – Fee Increases Effective December 1, 2020
- Northern District of Oklahoma – (Appears to be nationwide change) BNC is implementing a new format for its Certificates of Notice beginning October 1, 2020 – Click here for sample
- District of Colorado – Biennial Fee imposed on all bar members admitted before Oct. 1, 2020
- Southern District of Ohio – 2020 Amendments to Local Bankruptcy Rules – Effective October 1, 2020
- Southern District of Ohio – Mortgage Modification Mediation Program Effective October 1, 2020
Student Loan Chronicles
House Democrats Debate Bill to Allow Student Loan Discharges in Bankruptcy
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Ask Ms. Ps & Qs
“Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress?”See also:
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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September 28, 2020
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Archives |
Ask Ms. Ps & Qs
“Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress?”See also:
From the Editor
Two cases caught the eye of Judge Brown this week. Each relating to debtor attorneys:
Agreed Order Resolving Plaintiffs’ Motion for Preliminary Injunction
Another Great Heat Map from Judge Anderson
- August Year-To-Date Change in Consumer Filings (Chapter 7 And Chapter 13)
Analyzing Troubled Chapter 13s After COVID19
As the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another.
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WEBINAR RECORDING – Analyzing the Troubled Chapter 13 During COVID19
With a combined 79 years of experience representing individual and small business debtors, Certified Specialists Cathy Moran and Jill Michaux review questions you will need to answer in order to provide the sharpest analysis for your clients. Access to this webinar is a benefit of subscription. Not a subscriber? Click here.
The CARES Act and Mortgage Forbearance Webinar Recording Now Available
This 90-minute webinar with Max Gardner, Forensic Accountant Jay Patterson, Thad Bartholow, and Malissa Giles covers: 1) looking at Fannie Mae’s script for servicers use with homeowners; 2) notices and why they are important; 3) modification options; and 4) involuntary forbearance ‘agreements’.Access to Webinar recordings is a benefit of subscription to ConsiderChapter13.org. Not a subscriber? Click here.
Position Postings
Northern District of Ohio – Term Law Clerk to United States Bankruptcy Judge Tiiara N.A. Patton
From the Courts
- District of Oregon – New Format for BNC Certificates of Notice Effective October 1, 2020
- District of Oregon – Fee Increases Effective December 1, 2020
- Eastern District of Tennessee – BNC will implement new Certificates of Notice beginning Thursday, October 1, 2020
- Northern District of Georgia – Notice Regarding Notices of Electronic Filing Emails
- Southern District of Ohio – 2020 Amendments to Local Bankruptcy Rules – Effective October 1, 2020
- Southern District of Ohio – Mortgage Modification Mediation Program Effective October 1, 2020
- Western District of Virginia (Judges Connelly and Black) – Guidelines for Remote Evidentiary Hearings
- District of South Carolina – Guidelines on the Claim Objection Process (Judge Waites)
Sanctions and Irony and Fraud, Oh My!
- Americans Have Lost $145 Million to Coronavirus Fraud – More than 200,000 complaints of scams and fraud have been filed so far this year, data from the Federal Trade Commission shows.
IN CASE YOU MISSED IT . . .
Critical Case Comment
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
IN THE I’M BORED AND NEED A DISTRACTION CATEGORY! (Not password protected) 
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September 21, 2020
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Critical Case Comment
Another Great Heat Map from Judge Anderson
We apologize for the wrong link in last week’s email.
Unemployment Heat Map as of August 21st.
From the Editor
Four cases caught the eye of Judge Brown this week:
From the United States Trustee for Region 21
New Trustee Announced
The CARES Act and Mortgage Forbearance Webinar Recording Now Available
Position Postings
Western District of Tennessee – Chief Deputy Clerk
From the Courts
- Southern District of Ohio – 2020 Amendments to Local Bankruptcy Rules – Effective October 1, 2020
- Southern District of Ohio – Mortgage Modification Mediation Program Effective October 1, 2020
- Western District of Virginia – December 1, 2020, fee increase
- Western District of Virginia (Judges Connelly and Black) – Guidelines for Remote Evidentiary Hearings
- District of Rhode Island – New Local Rule and Form Amendments, Effective September 16, 2020
- District of South Carolina – Guidelines on the Claim Objection Process (Judge Waites)
Student Loan Chronicles
IN CASE YOU MISSED IT . . .
Eviction Moratorium Extended
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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September 14, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3
Click here for Part 2
Chapter 12 In The News
What’s in a Name? When is a Farmer a Family Farmer Under the Bankruptcy Code?
A previously run popular item . . .
We love these graphics from Judge Anderson – this one is a current look at unemployment in the United States as of August 21st.
- Great resource found within this article: National Housing Law Project
From the National Consumer Law Center
2020 High Cost Lending Lobby Campaign & Training
Position Postings
Chief Deputy Clerk Vacancy Announcement – United States Bankruptcy Court for the E.D. of Kentucky
From the CFPB
San Diego Recordings Now Available
From the IRS
E-Signatures Temporarily Allowed on Some Tax Forms
Student Loan Chronicles
- Scammed Student Sues Navient, Asking for Cancellation of Debt He Took on to Attend For-Profit College – The suit is the latest front in a battle waged by thousands of students who took out student loans to attend for-profit colleges accused of fraud.
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Eviction and Bankruptcy Remedies
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BY THE NUMBERS (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
SUBCHAPTER V (Not password protected)
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August 31, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 2
Eviction and Bankruptcy Remedies
- Great resource found within this article: National Housing Law Project
Unemployment Heat Map
We love these graphics from Judge Anderson – this one is a current look at unemployment in the United States as of August 21st.
From the National Consumer Law Center
Position Postings
- United States Bankruptcy Judgeship, Western District of Tennessee – Notice of Vacancy
This position is vacant due to the impending retirement of United States Bankruptcy Judge David S. Kennedy.
- United States Bankruptcy Judgeship, Southern District of Mississippi at Jackson – Notice of Vacancy – Deadline to apply extended.
San Diego Recordings Now Available
If you weren’t able to attend NACTT’s annual seminar this year but still want to the knowledge, now is your chance.Individual sessions are $45 each
Download of the entire seminar for a mere $150
Don’t want to download, want the actual DVDs that you can touch? Click here to order
(We are sorry but Audio only is not an option this year)
From the Courts
- Bankruptcy Court for South Carolina – New ECF event: Statement of Supplemental Chapter 13 Attorney Fees
- Bankruptcy Court for the Southern District of Florida – Administrative Order 2020-11, (1) Modification of the Automatic Stay to Facilitate Forbearance Agreements During COVID-19 and (II) Amendments to and Modifications of Chapter 13 Plans to Accommodate Forbearance Agreements
- Bankruptcy Court for the Southern District of New York – Bernstein to Retire
- Tiiara N.A. Patton Appointed Judge of the United States Bankruptcy Court, Northern District of Ohio
From the IRS
- Tax Relief for Victims of Derecho and California Wildfires
Student Loan Chronicles
From NCLC: New July Student Loan Rule Amendments: What Changes and What Does Not
Sanctions and Irony and Fraud, Oh My!
- Ohio Opens Criminal Probe into Pandemic Unemployment Fraud – Nigerian fraud ring active in Ohio since May?
IN CASE YOU MISSED IT . . .
Think Beyond The Means Test
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 24, 2020
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Think Beyond The Means Test
How to Present an Effective Summary Judgment Motion
Chapter 12 In The News
A Dairy State Tops Bankruptcy Claims – Article contains a very interesting graphic.
From the National Consumer Law Center
Leaders Must Take Action to Halt Foreclosure Crisis for Minorities
San Diego Recordings Now Available
If you weren’t able to attend NACTT’s annual seminar this year but still want to the knowledge, now is your chance.
Individual sessions are $45 each
Download of the entire seminar for a mere $150
Don’t want to download, want the actual DVDs, click here.
(Audio only is not an option this year)
From the Courts
- Federal Rules Published for Public Comment – Comment period ends 2/16/21 – Bankruptcy Restyled Rules Parts I and II; Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023; and Official Forms 101, 122B, 201, 309E-1, 309E-2, 309F-1, 309F-2, 314, 315, and 425A
From the IRS
- IRS Will Send Interest Payments on Tax Refunds to 14 Million Taxpayers – Payments will average a whopping $18 and anything over $10 will be taxable income – oy vey
- IRS Reverses Course, Will Send Payments to Low-Income and Disabled Parents Who Didn’t Get $500 for Their Children – Those who missed a deadline to use the IRS non-filers tool now have until Sept. 30 to claim missing stimulus money for dependents under 17.
Evictions in the News
For Your Blog
- IRS: Unemployment Compensation Is Taxable: Have tax withheld now and avoid a tax-time surprise
Student Loan Chronicles
From Credit Slips: Student Loan Relief Update
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Court Review of Fee Applications in Chapter 13: One Judge’s Perspective
Judge Lynch looks not only at the statutory guidelines but the practical considerations in reviewing fee applications.
**Additionally, the NACTT 2020 Seminar offered a better than excellent session on attorney’s fees. You can purchase this session for a mere $45! Click here and scroll down.
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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August 17, 2020
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Archives |
Court Review of Fee Applications in Chapter 13: One Judge’s Perspective
Judge Lynch looks not only at the statutory guidelines but the practical considerations in reviewing fee applications.
**Additionally, the NACTT 2020 Seminar offered a better than excellent session on attorney’s fees. You can purchase this session for a mere $45! Click here and scroll down.
Possible Solution for Student Loans?
Judge to Retire
The Bankruptcy Court for the Eastern District of New York will say goodbye to Chief Judge Carla E. Craig on October 1st.Click here for more on Judge Craig.
From the Courts
- Federal Rules Published for Public Comment – Comment period ends 2/16/21 – Bankruptcy Restyled Rules Parts I and II; Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023; and Official Forms 101, 122B, 201, 309E-1, 309E-2, 309F-1, 309F-2, 314, 315, and 425A
- Middle District of Alabama: Administrative Order 2020-14 details the steps attorneys must follow to prepare exhibits and submit them to the court prior to a video hearing
- New Clerk of the Bankruptcy Court for the Northern District of Oklahoma
New Book
NPR, the New York Times, The New Yorker, and even Oprah tout Caste – The Origins of Our Discontents as an instant classic and must read for all.New York Times: “It’s an extraordinary document, one that strikes me as an instant American classic and almost certainly the keynote nonfiction book of the American century thus far.”
From the IRS
IRS Takes New Steps to Ensure People with Children Receive $500 Economic Impact Payments
Evictions in the News
Jefferson County Sheriffs Will Begin Enforcing Evictions for Rent Non-payment
For Your Blog
Dirty Dozen Part 1: Taxpayers should be on the lookout for these scams.
Sanctions and Irony and Fraud, Oh My!
- Saltville Man Sentenced in Fraud Case – Geyer tried to defraud the U.S. Bankruptcy Court by providing deceptive statements about fake medical conditions to hide assets, the release states
IN CASE YOU MISSED IT . . .Comment from a Subscriber: “This series alone makes this place worth the price of admission.”
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
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August 10, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
From the Editor
Judge Brown looked at two cases this week – one on eligibility and one on classification.
Narrowing of Circuit Split
In re Jeffrey J. Rockwell – Click here for Opinion
“Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing. On an issue where the circuits are divided, the First Circuit upheld the two lower courts by ruling that a homestead exemption, valid on the chapter 13 filing date, is not lost if the debtor sells the home but does not reinvest the proceeds within six months as required by state law.” From The Rochelle Daily Wire.
Appointment of U.S. Bankruptcy Judge
‘Jeopardy’ Judge
New Bankruptcy Judge Is Former ‘Jeopardy!’ Winner
From the Courts
- Judge affirms CARES Act language that cases cannot be extended to seven years unless confirmed before March 27.
- Judge Robert E. Nugent Retired June 30, 2020
- Changes to Alabama exemptions effective in 2021. The Alabama state treasurer has announced the exemption adjustments which become effective on April 1, 2021: $16,450 homestead and $8,225 personal property.
New Book
NPR, the New York Times, The New Yorker, and even Oprah tout Caste – The Origins of Our Discontents as an instant classic and must read for all.
New York Times: “It’s an extraordinary document, one that strikes me as an instant American classic and almost certainly the keynote nonfiction book of the American century thus far.”
A very popular item from last week . . .
Downloadable Exemption Map
From the IRS
Here’s What Taxpayers Need to Know About the Home Office Deduction
Evictions in the News
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Position Postings
- Federal Appeals Court Seeking Applicants for Northern Indiana Bankruptcy Judge Post – APPLICATION DEADLINE IS TODAY!
- Bankruptcy Judgeship Opportunity – Portland, Oregon – Deadline to apply 10/22
Sanctions and Irony and Fraud, Oh My!
- CFPB Settled with Foreclosure Relief Services Company, Certified Forensic Loan Auditors, LLC, and its owner, Andrew Lehman, permanently banning both from the industry!
IN CASE YOU MISSED IT . . .
Eleventh Circuit Adopts the Path of Leased Resistance
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB CHAPTER V (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
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August 3, 2020
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Archives |
Eleventh Circuit Adopts the Path of Leased Resistance
From the Editor – Claims
Judge Brown was busy this week, bringing us four cases relating to dismissal of cases.
Historic Decline in GDP for 2d Quarter 2020
Downloadable Exemption Map
From the Courts
From the IRS
New Law Provides Relief for Eligible Taxpayers Who Need Funds from IRAs and Other Retirement Plans
Evictions in the News
- California Landlords Are Locking Out Struggling Tenants – ‘Tsunami of Evictions’ May Be Next
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Position Postings
Sanctions and Irony and Fraud, Oh My!
- ‘Very Organized’ Unemployment Fraud Attack Could Cost Ohio Millions – ‘These are not small operators’
IN CASE YOU MISSED IT . . .
Critical Case Comment
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
SUB CHAPTER V (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
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July 27, 2020
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Archives |
Critical Case Comment
SBRA
A Guide to the Small Business Reorganization Act Of 2019 Revised and Updated July 2020
Judge Bonapfel has previously shared with ConsiderChapter13.org readers his FREE outline of SBRA. This week, we provide his latest updates. The title page highlights changes so prior readers don’t have to re-read the whole thing. Of particular interest is the attachment of two appendices:
Appendix C — A comparison of chapters 11, 12, and 13, prepared by bankruptcy judge Mary Jo Heston
Appendix D – Subchapter V timeline prepared by bankruptcy judge Ben Kahn.
Evictions in the News
- Federal Eviction Moratorium Ends this Week, Putting 12 Million Tenants at Risk – Democrats have pushed for an extension of the ban or a $100 billion rental assistance program
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Position Postings
Student Loan Chronicles
- $5 Billion ‘Shadow Debt’ Market Is Helping Keep For-Profit Colleges Afloat, New Report Charges – These risky loan products can have interest rates as high as 35%, according to a report by the Student Borrower Protection Center.
Sanctions and Irony and Fraud, Oh My!
- Former Wirecard CEO Rearrested in Munich as Prosecutors Suspect $3.7 Billion Fraud (only so-so interesting)
IN CASE YOU MISSED IT . . .
The Smart Way to Cut Out the IRS
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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July 20, 2020
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A Look at Setoff and Recoupment as Fourth Circuit Permits IRS to Grab Exempt Overpayment Refund
The Smart Way to Cut Out the IRS
From the Office of the UST
Remarks of Director Cliff White for the 55th Annual Seminar of the National Association of Chapter 13 Trustees (Pre-recorded for presentation in July 9th as part of the NACTT’s virtual seminar)
New Judicial Appointment
Newly Appointed Eastern District of Missouri U.S. Bankruptcy Judge Bonnie Clair
Evictions in the News
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
From the Courts
- Middle District of North Carolina New Documents: (1) Order Declaring Secured Claim has been Satisfied and Lien has been Released.docx (2) Motion for Order Declaring Secured Claim has been Satisfied and Lien has been Released.docx
- Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
Position Postings
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
Objection: Hearsay
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
BY THE NUMBERS (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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July 13, 2020
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Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?
Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably not. Options?Objection: Hearsay
“ . . . Diving into Evidence Code Section 1220, wearing your big boy suit and feeling like a schoolkid, all eyes upon you, searching for that magic exception, you mutter “not offered for its truth” because that one usually seems to work.”
ConsiderChapter13.org is pleased to introduce a new author. Wayne Silver’s practice is primarily resolving high stakes financial litigation usually in the complex bankruptcy context. Thank you, Wayne, for this terrific piece on trial practice.
The Hanging Paragraph – Hanging on Every Word Part 4 of 4
We regret that last week’s Part 4 was actually a repeat of Part 3 – we apologize for any confusion.
The conclusion and perhaps the most interesting section of an excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B).
Part 4 looks at good faith requirements.
Click here for Part 1
Click here for Part 2
Click here for Part 3
From the Courts
- Flattening More Than the Curve. Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
- District of South Carolina – Increase in Filing Fee for Motions to Appear Pro Hac Vice
- Central District of California – Annual Renewal Fee and Pro Hac Vice Fee Increase – Annual fee due by Sept 1.
From the National Consumer Law Center
Supreme Court Votes to Uphold Right to Stop Political Robocalls and Texts; Advocates Stress Importance of FCC in Upholding Key Consumer Privacy Law
For Your Blog
Taxpayers Should Report Tip Income on Their Tax Return
Sanctions and Irony and Fraud, Oh My!
CFPB Files Suit Against Loan Doctor and Edgar Radjabli for Deceptive Acts and Practices In Marketing a Savings CD Account
IN CASE YOU MISSED IT . . .
Passing of an Icon
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
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July 6, 2020
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IT’S NACTT NATIONAL SEMINAR TIME
Same GREAT Conference – Online Format
There is still time to register!
Sessions will begin being released (via email from The Academy) THIS Thursday. All sessions will be available to watch until August 10th.
Last week we told you about Bill Rochelle’s outstanding Judges’ Roundtable.
A benefit of pre-recording is that the sessions have already been vetted – ALL are EXCELLENT.
- Fallout of Taggart’s Test offers you almost 90 minutes of comprehensive discussion of this current issue.
- Nancy Whaley, Russell Simon, Ed Boltz and Kristina Stanger did a fantastic job of parlaying the HAVEN Act into a session on all Recent Legislation. There is much here to learn and this panel delivers!
- Brad Caraway and Prof. Anne Fleming’s Creating Chapter 13: Debt Relief in Birmingham, Alabama in the 1930’s was surprisingly contemporary and utterly fascinating. Prof. Fleming brings to life a typical debtor in 1930. That debtor profile is not so different from today
- How to Evaluate Tax Returns is another session you won’t want to miss. Practical and detailed. Looks at the plethora of reasons all parties should be evaluating tax returns.
NO LATE REGISTRATION FEE SO REGISTER NOW!!
The Hanging Paragraph – Hanging on Every Word Part 4 of 4
The conclusion and perhaps the most interesting section of an excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B).Part 4 looks at the hanging paragraph’s effect on interest rates.
Click here for Part 1
Click here for Part 2
Click here for Part 3
Passing of an Icon
From the Courts
- As we are seeing in most federal courthouses, the Northern District of Georgia has issued an order regarding entrance screening and face masks.
- Flattening More Than the Curve. Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
- Central District of CA – Procedures for Phased Reopening During Covid-19 – Note that Courts are open, face coverings are required, and in person hearings and trials will be decided by the assigned judge on a case-by-case basis.
- Northern District of Illinois approved amendments to Local Rules, effective June 10, 2020 – Click here for highlights
From Credit Slips
Seila Law v CFPB: Winners and Losers
From the National Consumer Bankruptcy Rights Center
Bankruptcy Court May Not Limit Debtor’s Right to Modify as Condition of Confirmation
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
For Your Blog
- IRS Offers Additional Retail Partners that Accept Cash Payments for Federal Taxes – 7-Eleven stores, Ace Cash Express and Casey’s General Stores nationwide now accept cash payments for federal income taxes due.
From the IRS
IRS Unclaimed Refunds of $1.5 Billion Waiting for Tax Year 2016 – Taxpayers face July 15 deadline
Job Posting
Sanctions and Irony and Fraud, Oh My!
IN CASE YOU MISSED IT . . .
The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate
Serial filers are subject to § 362(c)(3), which terminates the automatic stay “with respect to the debtor.” Circuits are split over whether this also terminates the stay regarding property of the estate. SCOTUS may consider the issue.However a new decision added another argument for limiting the scope of termination, and the opinion may have implications on whether the Supreme Court grants cert.
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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June 29, 2020
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“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
The Hanging Paragraph – Hanging on Every Word Part 3 of 4
Click here for Part 2
Assessing the Ailing Business Post Pandemic
From the NACTT
NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE
Same GREAT Conference – Online Format
Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.
One of the SEVEN general attendee sessions that will be released on July 9th IS OUTSTANDING – Did The Courts Get It Right? ABI’s Bill Rochelle hosts a Judges’ Roundtable during which the Judges speak candidly about the top decisions affecting cases filed in 2020. Two hours of CLE and GREAT discussion.
From the Courts
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the National Consumer Bankruptcy Rights Center
Arbitration Clause Not Enforced in Discharge Violation Case
Eviction In the News
- Florida Announces $240 Million in Mortgage and Rent Relief – But there are no details yet on how to apply for it.
From the IRS
IRS Alert: Economic Impact Payments belong to recipient, not nursing homes or care facilities
Job Posting
IN CASE YOU MISSED IT . . .A very popular item from last week.
Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
OF INTEREST (Not password protected)
FOR THE HEALTH OF OUR PLANET (Not password protected)
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June 22, 2020
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Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone
The Hanging Paragraph – Hanging on Every Word Part 2 of 4
An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.
This week’s section looks specifically at applying the hanging paragraph.
From the Editor – Claims
Judge Brown was busy this week. He looks at three cases all dealing with claims:
From the NACTT
NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE
Same GREAT Conference – Online Format
Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.
All late registration fees have been waived so REGISTER NOW!!
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the IRS
Relief for Taxpayers Affected by COVID-19 Who Take Distributions or Loans from Retirement Plans
Job Posting
Chapter 7 Panel Trustee Advertisements
- Northern District of Illinois, Eastern Division – June 26 is deadline to apply
Clerk of Court
- Western District of Tennessee – July 17 closing date
Judicial Assistant
- Western District of Washington – August 19 closing date
Term Law Clerks
- Southern District of Ohio – Term Law Clerk – August 18 closing date
Student Loan Chronicles
Eviction In the News
- Memphis, TN – 9,000 Eviction Hearings Stalled by Coronavirus Resume – Advocates Say It’s the Beginning of a Crisis
- N.Y.C., Facing Pandemic Fallout, Freezes Rent for 2 Million Tenants for a Year – Landlords, citing rising costs, had pushed for increases. Tenants had argued for rollbacks because of the coronavirus outbreak’s financial toll.
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Sanctions and Irony and Fraud, Oh My!
- Judge Gives Former Westlake Lawyer Prison Time for Stealing Clients’ Money – U.S. District Judge ordered John Gold to prison for embezzling more than $49,000 in a bankruptcy case and fraudulently endorsing a check for more than $15,000.
IN CASE YOU MISSED IT . . .
Critical Case Comment
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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June 15, 2020
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Archives |
Critical Case Comment
The Hanging Paragraph – Hanging on Every Word Part 1 of 4
An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.
This week’s sections include: Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) and BAPCPA Limitations on the Cramdown Provision
From the Editor – Sanctioned Attorney
New Judge Appointed
Need for Additional Judges
From the NACTT
NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE
Same GREAT Conference – Online Format
“This decision was disappointing for all as we were all looking forward to being in San Diego.” Mary Viegelahn, NACTT Program Chair
Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.
All late registration fees have been waived so REGISTER NOW!!
For Your Blog
How to Pay for Bankruptcy When You’re Flat Broke
“One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file.”
This piece from one of our favorite authors can be used on your blog or to educate non-bankruptcy attorneys on the benefits of Chapter 13 bankruptcy.
Zoom Meetings – Part of the New Normal
- Why Zoom Meetings Are So Dissatisfying – Internet Chats Disrupt the Automatic, Split-Second Cues on Which Conversation Relies. . . “Adding these pauses to work calls can make speakers seem less convincing.” (You will have to register for a free account in order to read this article but it is worth it. It discusses how delays in our normal patterns of speech experienced in all online video communication platforms affect credibility – this could mean between an attorney and a potential client, a debtor and a trustee/staff attorney at a 341, a witness and a judge, an attorney and a judge, etc.)
- Preparing to Participate in a Zoom Video Hearing with the U.S. Bankruptcy Court Western District of Wisconsin (The Best Practices contained in this link are applicable for all courts.)
Other helpful hints:
- Use a good ol’ ethernet cable instead of wi-fi whenever possible
- Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
- Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
- Make sure you client is awake before your case is called
- Mute the ringer on your phones – cell and landline
From the IRS
IRS Reminder: Deadline postponed to July 15 for those who pay estimated taxes
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
Job Posting
Chapter 7 Panel Trustee Advertisements
- Southern District of Ohio, Eastern Division – June 19 is deadline to apply
- Northern District of Illinois, Eastern Division – June 26 is deadline to apply
Clerk of Court
- Western District of Tennessee – July 17 closing date
Judicial Assistant
- Western District of Washington – August 19 closing date
Term Law Clerks
- Western District of Pennsylvania – Term Law Clerk – July 15 closing date
- District of Rhode Island – Term Law Clerk
- Southern District of Ohio – Term Law Clerk – August 18 closing date
- Western District of Louisiana – Term Law Clerk – June 30 closing date
IT Manager
- Northern District of California – IT Manager
Farmers in the News
A Second Chance: More farms file for bankruptcy protection
IN CASE YOU MISSED IT . . .
“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
MILITARY MATTERS (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
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June 8, 2020
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Archives |
HOT OFF THE PRESS
“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
From the Editor – Plan Modification and Discharge
Judge Brown looks at two cases – one on plan modification; the other regarding discharge:
Who Files the Tax Returns Under SBRA
SBRA
Update to “A Guide to the Small Business Reorganization Act of 2019”
From the NACTT
NACTT ANNUAL CONFERENCE – SAN DIEGO July 8-11, 2020
Taking into consideration our new reality, the Executive Board of the NACTT has made the decision to record all sessions planned for the onsite event. Each session will be released online on the day it is scheduled to be presented in San Diego. All sessions will be available to watch until August 10th. If you watch all sessions it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.HOWEVER, it has not yet been decided whether or not there will be an onsite seminar. The possibility remains that there may be an onsite event with a limited number of attendees.
SO, the registration form attached requires that you mark whether or not you would likely attend in person or only participate online.
All late registration fees have been waived so REGISTER NOW!!
Zoom, Zoom and More Zoom
- Why Zoom Meetings Are So Dissatisfying – Internet Chats Disrupt the Automatic, Split-Second Cues on Which Conversation Relies. . . “Adding these pauses to work calls can make speakers seem less convincing.” (You will have to register for a free account in order to read this article but it is worth it. It discusses how delays in our normal patterns of speech experienced in all online video communication platforms affect credibility – this could mean between an attorney and a potential client, a debtor and a trustee/staff attorney at a 341, a witness and a judge, an attorney and a judge, etc.)
- Preparing to Participate in a Zoom Video Hearing with the U.S. Bankruptcy Court Western District of Wisconsin (The Best Practices contained in this link are applicable for all courts.)
Other helpful hints:
- Use a good ol’ ethernet cable instead of wi-fi whenever possible
- Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
- Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
- Make sure you client is awake before your case is called
- Mute the ringer on your phones – cell and landline
From the National Consumer Bankruptcy Rights Center
- Creditor Had Affirmative Duty to Stop State Contempt Action (DSO creditor in a Chpt 7 but an interesting case.)
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the National Consumer Law Center
Job Posting
- Columbus, Ohio – Chapter 13 Trustee Vacancy – June 12 is deadline to apply
- Western District of Pennsylvania – Term Law Clerk
- District of Rhode Island – Term Law Clerk
- Western District of Michigan – IT Specialist Posting – June 19 is deadline to apply
From the CFPB
- CFPB and State Regulators Provide Additional Guidance to Assist Borrowers Impacted by the COVID-19 Pandemic – Mortgage servicers could violate the CARES Act or other applicable law and potentially cause consumer harm if they were to require documentation from borrowers to prove financial hardship, if they did not grant the forbearance once properly requested, or if they steered borrowers away from forbearance or misled them.
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
IN CASE YOU MISSED IT . . .
Congress, It’s Time to Get Rid of That Stupid Means Test
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected) 
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June 1, 2020
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Archives |
From the NACTT
NACTT ANNUAL CONFERENCE – SAN DIEGO July 8-11, 2020
Taking into consideration our new reality, the Executive Board of the NACTT has made the decision to record all sessions planned for the onsite event. Each session will be released online on the day it is scheduled to be presented in San Diego. All sessions will be available to watch until August 10th. If you watch all sessions it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.HOWEVER, it has not yet been decided whether or not there will be an onsite seminar. The possibility remains that there may be an onsite event with a limited number of attendees.SO, the registration form attached requires that you mark whether or not you would likely attend in person or only participate online.
All late registration fees have been waived so REGISTER NOW!!
Zoom, Zoom and More Zoom
- Why Zoom Meetings Are So Dissatisfying – Internet Chats Disrupt the Automatic, Split-Second Cues on Which Conversation Relies. . . “Adding these pauses to work calls can make speakers seem less convincing.” (You will have to register for a free account in order to read this article but it is worth it. It discusses how delays in our normal patterns of speech experienced in all online video communication platforms affect credibility – this could mean between an attorney and a potential client, a debtor and a trustee/staff attorney at a 341, a witness and a judge, an attorney and a judge, etc.)
- Preparing to Participate in a Zoom Video Hearing with the U.S. Bankruptcy Court Western District of Wisconsin (The Best Practices contained in this link are applicable for all courts.)
Other helpful hints:
- Use a good ol’ ethernet cable instead of wi-fi whenever possible
- Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
- Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
- Make sure your client is awake before your case is called
Congress, It’s Time to Get Rid of That Stupid Means Test
From the Editor – Discharge Injunction
This week, Judge Brown analyzes 2 cases:
Judge Parsons to Retire
From the IRS
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the National Consumer Law Center
Job Posting
- Columbus, Ohio – Chapter 13 Trustee Vacancy – June 12 is deadline to apply
- Western District of Michigan – IT Specialist Posting
From the Courts
- Bankruptcy Court, District of North Dakota upgrading to NextGen on June 22
- Bankruptcy Court, District of Maryland – New Administrative Order Authorizing Certain Fees in Chapter 13 Cases for COVID-19 Related Work (The first order we’ve seen granting additional flat fee attorney fees.)
- U.S. Bankruptcy Court, Northern District of Illinois – Model Pretrial Order for Video Trial or Hearing
Paycheck Protection Program
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
For Your Blog
Car Payment Relief
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected) 
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May 25, 2020
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Archives |
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NATIONWIDE DAY OF COMMEMORATION Far More Than Cookouts and Mattress Sales
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In order to give the staff of ConsiderChapter13.org the weekend off, we bring you a ‘catch up’ edition.
One of the most popular resources in the past few months.
The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible
Apparently, many of you were ready for a non-COVID, non-CARES Act article because Attorney Brown’s article was very popular!
Reasonable Fees and/or Questionable Attorney
Is a CARES Act Stimulus Payment Exempt?
Is an Unemployment Compensation Payment Exempt?
The Hunt for Deductible Interest – Money Too Often Left on the Table
From Harvard Law School – Bankruptcy Roundtable
From the U.S. Bankruptcy Court District of Nevada
No Recording Hearings
Forbearance Guidelines
Fees for Bankruptcy Notices of Forbearance – May 6, 2020 – Fannie Mae will pay services $100 per Notice of ForbearanceFANNIE LETTER – May 13, 2020
While COVID-19 payment deferral is similar to the recently announced payment deferral, we have made several enhancements to assist borrowers who have a COVID-19 related hardship.
Key differences include:
- The borrower has experienced a financial hardship resulting from COVID-19 that impacted their ability to make their monthly mortgage loan payment, which has been resolved.
- The mortgage loan must have been current or less than 31 days delinquent as of Mar. 1, 2020, the effective date of the National Emergency declaration related to COVID-19.
- The mortgage loan must be 31 or more days delinquent but less than or equal to 360 days delinquent as of the date of evaluation.
- Certain eligibility criteria are not applicable, such as time from mortgage loan origination and rolling delinquency parameters.
- The servicer must defer the delinquent principal and interest payments (P&I) together with any allowable servicing advances paid to third parties as a result of the delinquency into the non-interest bearing balance.
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Servicing for COVID-19 Related Hardships – Reference Guide – April 2020
- Freddie Mac Forbearance Plan Chart
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
Job Posting
Farmers in the News
- Tough Times on the Farm: Why Midwest agriculture was on the ropes before coronavirus
CARES Act/COVID Webinar Series – AVAILABLE
While we offer live webinars FREE, access to recordings is a benefit of subscription. Not a subscriber? SUBSCRIBE NOW
From the Courts
- From the Bankruptcy Court for the District of Kansas – CM/ECF will be unavailable starting Wednesday, May 27 at 5pm until Monday, June 1 for a scheduled upgrade to NextGen CM/ECF
Student Loan Chronicles
- Interest Rate on Federal College Loans Is About to Hit a Record Low – It will drop to 2.75 percent for new loans for undergraduates. That’s a “silver lining” of the current economic turmoil, an advocate said.
- Emergency Relief Screw-Up Hits 5 Million Student Loan Borrowers – Great Lakes, because of a “coding error,” erroneously reported to the credit bureaus that borrowers’ accounts were “deferred.”
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE TECH DEPARTMENT (Not password protected)
SUBCHAPTER V (Not password protected)
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May 18, 2020
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Archives |
Reasonable Fees and/or Questionable Attorney
Is an Unemployment Compensation Payment Exempt?
From the Editor – Debtor’s Attorney
This week, Judge Brown stole a few minutes to look at 2 cases:
From the U.S. Bankruptcy Court District of Nevada
Forbearance Guidelines
All in one place! Thank you, Max Gardner.NEW Fees for Bankruptcy Notices of Forbearance – May 6, 2020 – Fannie Mae will pay services $100 per Notice of ForbearanceNEW Fannie Letter – May 13, 2020
While COVID-19 payment deferral is similar to the recently announced payment deferral, we have made several enhancements to assist borrowers who have a COVID-19 related hardship.
Key differences include:
- The borrower has experienced a financial hardship resulting from COVID-19 that impacted their ability to make their monthly mortgage loan payment, which has been resolved.
- The mortgage loan must have been current or less than 31 days delinquent as of Mar. 1, 2020, the effective date of the National Emergency declaration related to COVID-19.
- The mortgage loan must be 31 or more days delinquent but less than or equal to 360 days delinquent as of the date of evaluation.
- Certain eligibility criteria are not applicable, such as time from mortgage loan origination and rolling delinquency parameters.
- The servicer must defer the delinquent principal and interest payments (P&I) together with any allowable servicing advances paid to third parties as a result of the delinquency into the non-interest bearing balance.
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Servicing for COVID-19 Related Hardships – Reference Guide – April 2020
- Freddie Mac Forbearance Plan Chart
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
Passing of Judge David F. Snow
Job Posting
Farmers in the News
Farm Bankruptcies on the Rise Amid COVID-19 Pandemic
CARES Act/COVID Webinar Series – AVAILABLE
While we offer live webinars FREE, access to recordings is a benefit of subscription. Not a subscriber? SUBSCRIBE NOW
From the CFPB
From the Courts
- From the Bankruptcy Court for the District of Kansas – CM/ECF will be unavailable starting Wednesday, May 27 at 5pm until Monday, June 1 for a scheduled upgrade to NextGen CM/ECF
- As courthouses begin to open, we are seeing more and more orders that masks will be mandatory. See example from the Bankruptcy Court for the District of Maryland
- Invitation for Comment on Emergency Rulemaking – Request for Input on Possible Emergency Procedures – The Committee on Rules of Practice and Procedure and its five advisory committees invite public input on possible rule amendments that could ameliorate future national emergencies’ effects on court operations
Post Office Needs Assistance
Sanctions and Irony and Fraud, Oh My!
- Virginia Man Faked His Own Death in Ridiculously Elaborate Plot to Avoid Bankruptcy – Wild plot involved stealing the identify of a Florida attorney, using an app to disguise his voice, and fleecing his own wife.
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
IN THE TECH DEPARTMENT (Not password protected)
OF INTEREST (Not password protected)
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May 11, 2020
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Archives |
Ask Ms. Ps & Qs
CARES Act Rebates and Domestic Support Arrears
Bankruptcy’s Eternal Struggle
Forbearance Guidelines
All in one place! Thank you, Max Gardner.
CARES Act/COVID Webinar Series – AVAILABLE
While we offer live webinars FREE, access to recordings is a benefit of subscription. Not a subscriber? SUBSCRIBE NOW
Above the Law Free Webinar
From the Courts
- Invitation for Comment on Emergency Rulemaking – Request for Input on Possible Emergency Procedures – The Committee on Rules of Practice and Procedure and its five advisory committees invite public input on possible rule amendments that could ameliorate future national emergencies’ effects on court operations
- District of South Carolina Bankruptcy – Sunset of standard language in stay relief orders
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
For Your Blog
Did You Know? Bankruptcy Video Series
In case you missed it…
United Student Aid Funds, Inc. v. Espinosa Ten Years After
IN THE NEWS (Not password protected)
MORTGAGES AND DEEDS OF TRUST (Not password protected)
BY THE NUMBERS (Not password protected)
IN THE TECH DEPARTMENT (Not password protected)
OF INTEREST (Not password protected)
FOR YOUR HEALTH (Not password protected)
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May 4, 2020
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Archives |
United Student Aid Funds, Inc. v. Espinosa Ten Years After
Analyzing Troubled Chapter 13s During COVID19
After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another.
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A Fond Farewell to 007 – Frank M. Pees
Federal Housing Finance Agency 4/27/20 Press Release
- Fannie Mae, Freddie Mac: Mortgages in forbearance do not need to be paid back all at once
Eastern District of Michigan
Daniel S. Opperman New Chief Judge
From the National Consumer Bankruptcy Rights Center
Trustee May Modify Plan to Capture Proceeds from Sale of Employee Stock Options
CARES Act Webinars – AVAILABLE
From the Courts
- District of South Carolina Bankruptcy – Sunset of standard language in stay relief orders
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
For Your Blog
- Use IRS Non-Filers Tool to Get Economic Impact Payment; many low-income, homeless qualify
DEBT AND THE ECONOMY (Not password protected)
OF INTEREST (Not password protected)
