March 22, 2021
Archives
cmoran

6 Steps to Ethical Unbundling of Bankruptcy Representation

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

The American Rescue Plan

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

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

More information:

legislation

Legislation to Watch

(Not password protected)
kevinanderson

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

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

More on Fulton

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Judge Wedoff: On Representing Respondents at Supreme Court in Chicago v. Fulton (17-minute substantive and entertaining (I mean, it’s Judge Wedoff!!) interview by Don Swanson)
act12

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

(Not password protected)
meanstest

Means Test Numbers Change April 1, 2021

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irs

From the IRS

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  • 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.
openposition

Positions Open

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subchapterv

Subchapter V

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Reminder – March 27 is the CurrentDeadline to decrease the cap back to $2,725,625, although an extension has been proposed (and passed the House 3/17).
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

Critical Case Comment

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

Critical Case Comment

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

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

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

From the Editor

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

markwheeler

Serendipity, a Tribute to Judge Jack B. Schmetterer

(Not password protected)
By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL)
(Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.)“Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to interview him. After all, a person could be quite different personally in an interview setting than they appear professionally.”
fulton

Chapter 13 Practice and Procedure

(Not password protected)
Free Section 5:12 – The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.
takethesurvey

The Advisory Committee on Bankruptcy Rules Needs Your Help

(Not password protected)

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

openposition

Positions Open

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
foryourblog

For Your Blog

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

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

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

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

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

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

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By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)
“I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited.”
fulton

More on Fulton

(Not password protected)
The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.Other resources on Fulton (Password Protected):

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

debmiller

From the Advisory Committee on Bankruptcy Rules

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Re: Survey of Bankruptcy Court Procedures for TurnoverDear Fellow Bankruptcy Practitioners:I have been asked to reach out on behalf of the Advisory Committee on Bankruptcy Rules which requests your assistance.As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures.The Rules Committee would very much like to hear from you. PLEASE take this survey. It is only 3 questions and then asks for a summary as to whether or not your Court has adopted local rules or general orders on this issue. Please specify whether your Court is contemplating or has adopted local rules revisions or general, procedural, or administrative orders allowing a party to seek turnover of estate property under 11 U.S.C. § 542 by motion as suggested in the concurrence of the Supreme Court opinion in City of Chicago v. Fulton.I thank you in advance!!

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

paulbonapfel

Of Interest to, Well, Everyone

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GA Bankruptcy Judge Lowers Boom on Chapter 7 Trustee and Counsel Fees (Chpt 7 case converted to 13)Really. You gotta read this one!
uscourts

From the United States Courts

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farmers

Farmers in the News

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Texas Farmers Tally Up Damage from Winter Storm ‘Massacre’ – The state’s agriculture sector has lost an estimated $600 million or more. Crop and livestock damage could mean shortages and higher prices beyond Texas.
newjudge

New Judge Appointed

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The Fifth Circuit has appointed Jamie Wilson to be a U.S. Bankruptcy Judge in the Southern District of Mississippi, stationed in Jackson. Ms. Wilson will replace retiring Judge Neil Olack and assume her position on July 1st.
openposition

Positions Open

(Not password protected)
foryourblog

For Your Blog

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

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.AND more info from last week on credit scores:NCLC: The Credit Score Pandemic Paradox and Credit InvisibilityAmericans Are Struggling, But You’d Never Know It from Their Credit Scores

March 1, 2021
Archives
bledsoe

Turnover by Motion? How About Under Rule 6008?

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
After his participation in ConsiderChapter13.org’s webinar City of Chicago v. Fulton: What SCOTUS Did Not Say, Trustee Bledsoe examined long-standing common practice in the recovery of assets. This is a MUST READ article!“In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion is not sufficient, but that – if pushed- a debtor will be required to file an adversary proceeding. But, let’s analyze the issue using the same methodology the Justices used in Fulton.”
webinar

Webinar Recording Now Available

Without a doubt, one of the best webinars we have ever produced.Chapter 13 Trustee Jody Bledsoe, along with noted attorneys Richard Parker and Tony Sottile, engage in a one-hour presentation on the recent Fulton decision. Our expert panel digs into what the Supreme Court did not rule on in this case. They also drill down into §§ 362 and 542 to look at adversary proceeding vs. motion for turnover.A few comments we received:

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

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

Or click here for a discounted offer.

cmoran

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.
farmers

Farmers in the News

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

legislation

Legislation to Watch

(Not password protected)
creditscore
openposition

Positions Open

(Not password protected)
new

New Supplemental Proof of Claim Form

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

Subchapter V Reminder – March 27, 2021 Current Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021, although an extension has been proposed.Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible. The extension is included in the legislation to watch above.
courtscales

From the Courts

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caution

Sanctions and Irony and Fraud, Oh My!

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

Chapter 13 – It’s Good To Have A Plan

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”
February 22, 2021
Archives
ahern

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

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

Form 1099G – How to Fight Back Against Scams

By William J. Purdy III (Soquel, CA)
Although written for Californians, the issue is national. Simply replace the acronym EDD for your state’s unemployment entity.Many taxpayers believe any form 1099 writ from on high. They figure such forms are unchallengeable, immutable, all powerful, and require full and docile submission. Poppycock. In the Great Recession, banks issued millions of Forms 1099-A and 1099-C that were inspired fiction. Many taxpayers attached the erroneous forms to their tax returns and using a well drafted Plain Paper Attachment, explained why the forms were wrong and the potential tax increase was short circuited right then and there!See also: Massive Fraud Slows Legitimate Unemployment Claims, State Says
hauber

Chapter 13 – It’s Good To Have A Plan

The Chapter 13 Business Model

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”
whitehouse
blise

New Judge Appointed in the Eastern District of Wisconsin

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supremecourt

From the Supreme Court: Case to Watch

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pardo

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

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By Professor Rafael I. Pardo, Emory University School of Law
“. . . by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered system that nationalized bankrupts’ assets, some of which featured prominently in the business of slavery.”

New Proof of Claim Form

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

Passing of Judge Shapiro

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James E. Shapiro was a bankruptcy court judge for the Eastern District of Wisconsin from 1986 to September of ’96 when he was elevated to Chief Judge. He served as Chief Judge for four years and retired from the court on December 31, 2012. He passed away Feb. 5, 2021 at the age of 90.
dontforget

Subchapter V Reminder – March 27, 2021 Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021 (unless extended).Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible.
bitcoin

Bitcoin

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How are Bitcoin Created? An illustrated guide to bitcoin mining, blockchains, and the “minting” process of cryptocurrency’s most popular coin.

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

From the Courts

(Not password protected)
foryourblog

For Your Blog

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

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

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15 U.S.C. § 1692e.Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 1 of 2
February 15, 2021
Archives

blackhistorybanner

jansensenich

2020 Vision

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

Judges on Race: Reducing Implicit Bias in Courtrooms

(Not password protected)
By United States Circuit Judge Bernice Donald
In December and January Law360 ran a series of free articles entitled Judges on Race. While they are all very good, we want you to particularly note Judge Donald’s article: With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says Sixth Circuit Judge Bernice Donald.The National Association of Chapter Thirteen Trustees is pleased to announce that The Honorable Bernice Donald will be the keynote speaker at its summer conference (hopefully) in Washington, D.C. Mark your calendar now for July 7-10 for an in person or virtual seminar.
autherinelucy

Autherine Lucy: Failed Integration Bid Left Lasting Legacy

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Before Brown v. Board of Education there was Autherine Lucy.
pardo

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

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

Still Time to Register for Free Webinar

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

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

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

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

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

moretime

Forbearance Period Extended

(Not password protected)

FHFA Extends Foreclosure and REO Eviction Moratoriums and COVID Forbearance Period

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

Subchapter V Reminder – March 27, 2021 Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021 (unless extended).Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible.
legislation

Webinar Recording Now Available

Recent Legislation January 2021Join The Honorable William H. Brown (retired), and Chapter 13 Trustees Henry Hildebrand and Debra Miller in a one hour discussion regarding consumer bankruptcy implications of the Bankruptcy Administration Improvement and Consolidated Appropriations Acts, along with some thoughts on pending legislation.New Information: During the webinar Trustee Miller mentioned a not yet available Director’s Form – several of you have emailed asking for it. The form has now been released: Supplemental Proof of Claim for CARES Forbearance Claim
nclc

From the National Consumer Law Center

(Not password protected)
NCLC is partnering with Consumer Reports to hold credit reporting agencies accountable for errors and need your help.At least one in four of us probably has an error in our credit report. And the COVID-19 financial crisis has made that bad situation even worse.Can you check your credit report for errors, and let Consumer Reports know what you find? You’ll be a key part of a groundbreaking Consumer Reports’ people-powered research project, where thousands of consumers like you use their credit report to finally hold these powerful credit agencies accountable.
courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship Positions

foryourblog

For Your Blog

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

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

KenSiomos
IN CASE YOU MISSED IT . . .

Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)
Attorney Siomos focuses on how 1328(i) can hurt debtors.“The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i).”See also:

February 8, 2021
Archives
markleffler

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

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15 U.S.C. § 1692e.Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 1 of 2
KenSiomos

Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)

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

See also:

legislation

 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.

farmerinthenews
gaveljudge
irs

From the IRS

(Not password protected)
courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)

Judgeship Positions

Chapter 13 Standing Trustee

cfpb

On the CFPB

(Not password protected)
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)
caution
racheljones

IN CASE YOU MISSED IT . . .

Legal Aid and Who Are Our Chapter 13 “Customers”

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)
DON’T SKIP THIS ONE JUST BECAUSE YOU THINK YOU KNOW WHO OUR CLIENTELE IS!“I would argue that for the Debtors living in poverty, Trustees need to take a more panoramic approach and be mindful of the issues impacting individuals in extreme poverty. On the face of the petition and schedules, it may certainly appear some Debtors are making bad choices.”Additional recommended reading:

February 1, 2021
Archives
Beskin

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

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

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

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law LLC (Chicago, IL)
NAT 1The Geraci firm takes a different approach in looking at Fulton.“Chapter 13 practitioners are urged to examine this decision more closely because the holding in Fulton is quite narrow: . . .”See also:
City of Chicago v. Fulton And the Turnover Conundrum
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)Click here for the Opinion
racheljones

Legal Aid and Who Are Our Chapter 13 “Customers”

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)

DON’T SKIP THIS ONE JUST BECAUSE YOU THINK YOU KNOW WHO OUR CLIENTELE IS!“I would argue that for the Debtors living in poverty, Trustees need to take a more panoramic approach and be mindful of the issues impacting individuals in extreme poverty. On the face of the petition and schedules, it may certainly appear some Debtors are making bad choices.”Additional recommended reading:

courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)

Judgeship Positions

Chapter 13 Standing Trustee

cfpb

On the CFPB

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
cmoran

IN CASE YOU MISSED IT . . .

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

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

City of Chicago v. Fulton And the Turnover Conundrum

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

“If the creditor is likely to lose the turnover action, it would make more sense from a cost-benefit analysis simply to turn over the property as soon as possible, without requiring a formal turnover action.”

Click here for the Opinion

cmoran

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

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

In The Staff Department

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

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)

This week we launch the first in a new, ongoing series of articles directed to staff – particularly staff of trustees’ offices but many of the lessons conveyed will transfer to support staff of any office type.

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

JohnGJansing

Meet a Newish Trustee

(Not password protected)
On October 1, 2019, John G. Jansing was appointed Chapter 13 Standing Trustee for the Southern District of Ohio at Dayton. John took over from Jeff Kellner, who retired and moved to New Hampshire.
courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)

Judgeship Positions

Chapter 13 Standing Trustee

foryourblog

For Your Blog

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

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

caution
markleffler

IN CASE YOU MISSED IT . . .

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

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

mlk

supremecourt

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

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

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

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

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

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

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

(Not password protected)

Bill modifies administrative provisions related to the bankruptcy trustee system. Specifically: (1) provides for the distribution of bankruptcy fees made to the U.S. Trustee System Fund for the costs of administering payments and trustee compensation, (2) establishes the Chapter 7 Trustee Fund and associated fees, and (3) extends the temporary office of bankruptcy judges in specified judicial districts.

courtscales

From the Courts

(Not password protected)
irs

From the IRS

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

Positions Open

(Not password protected)

Judgeship Positions

Chapter 13 Standing Trustee

debt

Student Loan Chronicles

(Not password protected)

Biden to Extend Pause on Federal Student Loan Payments

foryourblog

For Your Blog

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

From the Judiciary

(Not password protected)

ChapMobile App Not Working as of 1/15/21

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

IN CASE YOU MISSED IT . . .

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

By The Honorable William Houston Brown (Retired)
hildebrand

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

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

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

By The Honorable William Houston Brown (Retired)

Judge Brown looks at the “Stimulus Bill”

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

hildebrand

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

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

Statistics – Sad but True

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

Legal Aid and Who Are Our Chapter 13 “Customers”

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

Passing of Judge Bernstein

(Not password protected)

“Intellectually curious and committed to helping develop a generation of excellent attorneys, Bernstein continued to teach while building his own career, including courses at the University of Toledo, Wayne State and the University of Detroit law schools.”

Click here for obituary

openposition

Positions Open

(Not password protected)

Judgeship Positions

Chapter 13 Standing Trustee

cfpb

From the CFPB

(Not password protected)
foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

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

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
Derby III is important to debtor’s attorneys, trustees, and creditors, because it demonstrates the broad powers Rule 3001 affords bankruptcy courts to govern the claims process.”
January 4, 2021
Archives
markleffler

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

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

Chapter 13 Discharge Expanded by COVID Relief Legislation

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

From the Courts

(Not password protected)
takethesurvey

Consumer Attorneys Work and Fee Survey

(Not password protected)

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

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

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

taxcredit

CARES Act FFCRA Tax Credit Extended

(Not password protected)

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

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

State-By-State Guide to Litigation Financing Disclosure

(Not password protected)
Not the normal kind of thing you would see at ConsiderChapter13.org, but a very informative resource from Mondaq.“. . . , we now share an overview of similar procedures for determining whether a plaintiff has taken out a loan in 12 other states.”
openposition

Positions Open

(Not password protected)

Judgeship Positions

cfpb

On the CFPB

(Not password protected)
  • You need to glance at this one. Our guess is that Debtor Attys will see debts from these cards in the future. . . . CFPB Issues Approval Order to Facilitate the Use of Dual Usage Credit Cards “The card is designed for consumers with a limited or damaged credit history as a tool that can be used to establish or reestablish a favorable credit history. Synchrony intends to offer a lower rate on secured use with the opportunity for eligible accountholders to graduate to unsecured use after 12 months.”
foryourblog

For Your Blog

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

Debt Collectors Can Now Contact Borrowers Through Social Media

hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
An important, “critical” case analysis for each player in the bankruptcy arena – trustees, creditors and debtor attorneys.Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general agent.
December 28, 2020
Archives

newyear2021

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

hildebrand

Critical Case Comment

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

Chapter 13 – It’s Good To Have A Plan

(Not password protected)

Why Junk the Whole System When Minor Remedies Would Suffice?

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

Second Stimulus Bill

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

legislation

Another Piece of Legislation to Be Aware Of

S.4996 – Bankruptcy Administration Improvement Act of 2020

cmoran

Diaz: Is it Really a Tax REFUND?

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA)
Last week, we erroneously ran this article titled: Is it Really a Tax Return – “Return” should have been “Refund.” We apologize for this error.. . . the limitations on projected expenses that constrain an above median debtor don’t apply to a below median income debtor. . . . Thus, every debtor with EITC should be entitled, under the holding of Diaz, to deduct the reasonable and necessary expenses to support themselves and their dependents.

Not a ConsiderChapter13.org Subscriber?

joinnow 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.

openposition

Positions Open

(Not password protected)

Judgeship Positions

Staff Attorney

  • Middle District of Georgia (Columbus) – Application due date 1/8/21
JamesDavis

IN CASE YOU MISSED IT . . .

Is Nunc Pro Tunc Really Sunk?

By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
Bankruptcy Courts take determinations from the Supreme Court seriously . . . But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc.”
December 21, 2020
Archives
merryxmas

Happy Christmas and
Thank You for Your Continued Support
of ConsiderChapter13.org

JamesDavis

Is Nunc Pro Tunc Really Sunk?

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

Diaz: Is it Really a Tax Refund?

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA)
. . . the limitations on projected expenses that constrain an above median debtor don’t apply to a below median income debtor. . . . Thus, every debtor with EITC should be entitled, under the holding of Diaz, to deduct the reasonable and necessary expenses to support themselves and their dependents.
robertthomas

Chapter 13 – It’s Good To Have A Plan

(Not password protected)

Success/Benefits & Everything in Between

By Robert S. Thomas, II, Chapter 13 Standing Trustee for the District of Maryland (Baltimore)
“We rarely read or hear about the positive impact the Chapter 13 trustee program has on individual debtors and creditors.”
julieandrews

A Few of Our Favorite (Chapter 13) Things

(Not password protected)
(To be sung to the tune of Julie Andrews’ version of “These Are a Few of My Favorite Things” from The Sound of Music)

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.”

Not a ConsiderChapter13.org Subscriber?

joinnow 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.

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Debtor’s Post-Discharge Pre-Closure Motion to Convert Denied (Conversion from 7 to 13)

paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

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.

openposition

Positions Open

(Not password protected)

Judgeship Positions

Staff Attorney

  • 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
irs
foryourblog

For Your Blog

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

New Things Taxpayers Should Consider as They Get Ready to File Taxes in 2021

ewarren

IN CASE YOU MISSED IT . . .

Consumer Bankruptcy Reform Act of 2020 Introduced

(Not password protected)
By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH)

“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

From AOL: ‘The Bankruptcy System Is Broken’ for Student Loan Borrowers, and Democrats Are Proposing a Reform Bill

December 14, 2020
Archives
Happy Early Christmas – An entirely FREE update! xmaself
ewarren

The big news of the week . . .

Consumer Bankruptcy Reform Act of 2020 Introduced

(Not password protected)
By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH)

“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

From AOL: ‘The Bankruptcy System Is Broken’ for Student Loan Borrowers, and Democrats Are Proposing a Reform Bill

rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

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!

joinnow 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.

burks

Chapter 13 – It’s Good To Have A Plan

This week we begin a new, on-going series of articles designed to promote the benefits of Chapter 13. Please feel free to share these items.

One Woman’s Opinion

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati)
“Chapter 13 works.”
paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

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?

openposition

Positions Open

(Not password protected)

Judgeship Positions

Staff Attorney

  • 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
foryourblog

For Your Blog

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

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.

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
waterman

IN CASE YOU MISSED IT . . .

Mortgage Loan Modification Does Not Alter Lien Priority

(This week only, NOT password protected)
By Scott F. Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania (Reading)
Modifying a first mortgage is one of the most common loss mitigation tools available to bring a loan current to prevent foreclosure. In this case the first mortgage was modified twice by capitalizing the unpaid interest, reducing the interest rate, and reducing the monthly payments thus transforming the loan from being in default to one that was deemed current.Another example of what you are missing by not subscribing!
December 5, 2020
Archives
waterman

Mortgage Loan Modification Does Not Alter Lien Priority

By Scott F. Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania (Reading)
Modifying a first mortgage is one of the most common loss mitigation tools available to bring a loan current to prevent foreclosure. In this case the first mortgage was modified twice by capitalizing the unpaid interest, reducing the interest rate, and reducing the monthly payments thus transforming the loan from being in default to one that was deemed current.
eviction

FHFA Extends Foreclosure and REO Eviction Moratoriums

(Not password protected)
On December 2nd the eviction moratorium was extended through January 31, 2021.
gavel

Practice Pointers for Arguing Motions

By The Honorable William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020)
Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. Although written to the Middle District of Alabama bar, this article provides practice pointers to lawyers who do not often practice in bankruptcy court and provides a brush up for those who do.
DeLoach

Meet the Very Newest Trustee

By Academy Staff
On October 1, 2020, Jonathan W. DeLoach was appointed as a Chapter 13 Standing Trustee for the Middle District of Georgia. He inherited a razor-sharp trusteeship vacated by retiring Kristin Hurst.
Crone

13 documents by Independence Software – Encrypted and Scans for PII

(Not password protected)
By Justin Crone, President, Independence Software, LLC (Alexandria, VA)
13 Documents is a complete document management solution for your Trusteeship that integrates with your existing case management system, to accept documents safely and securely. And can scan incoming documents for social security numbers.
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
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 1Appendix B – Adjustments to Means Test Amounts for Cases Filed On or After November 1Appendix C – Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1
openposition

Positions Open

(Not password protected)

NEW Judgeship Positions

  • 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

Staff Attorney

  • Western District of Michigan (Grand Rapids) – Application due date 12/15/20

Term Law Clerk

  • Western District of Michigan
courtscales

From the Courts

(Not password protected)
scolforo

IN CASE YOU MISSED IT . . .

“How Long, O Lord?”

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia
“How long must a Debtor make payments under a chapter 13 plan? The answer, unfortunately, is: It depends.”
November 30, 2020
Archives
scolforo

“How Long, O Lord?”

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia
“How long must a Debtor make payments under a chapter 13 plan? The answer, unfortunately, is: It depends.”
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
In the consumer bankruptcy field, practitioners are often uncomfortable with the rules in UCC Article 9. Larry Ahern has written a series for the Academy, designed to review Article 9’s rules related to consumer transactions. This week, he concludes his review of Article 9 foreclosure procedures with a discussion of sales to related parties and post-sale notices.Click here for Part I
Click here for Part II
Click here for Part III
Click here for Part IV
Click here for Part V
kevinanderson

Another Great Heat Map

(Not password protected)
From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
April through September saw the lowest Chapter 13 filing rate since at least 1994.
ahern

Don’t Miss These Rules Changes Effective December 1st

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
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 1Appendix B- Adjustments to Means Test Amounts for Cases Filed On or After November 1Appendix C – Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1
openposition

Trustee Positions Open

(Not password protected)

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

Staff Attorney

  • Western District of Michigan (Grand Rapids) – Application due date 12/15/20

Term Law Clerk

  • Western District of Michigan
courtscales

From the Courts

(Not password protected)
silver

Bracing Presumptions and Shifting Burdens

(Not password protected)
By Wayne Silver, Wayne Silver Law (Redwood City, CA)

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.

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

ACA’s Shared Responsibility Payment Debt Not Entitled to Priority

cfpb

On the CFPB

(Not password protected)
foryourblog

For Your Blog

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

Here’s Why Your Tricare Young Adult Premiums Are Going Up

davidcox

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)

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)
A three-part series by an Academy favorite author, David Cox.
November 23, 2020
Archives

thanksgiving

PhilLamos

Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
Does a modification have to be served on all creditors, or only creditors who have filed proofs of claim? Now, finally it appears that this question may be definitively answered once and for all. However, the rule says the court may direct limited service . . .
davidcox

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)
ahern

Don’t Miss These Rules Changes Effective December 1st

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

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

openposition

Trustee Positions Open

(Not password protected)

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
courtscales

From the Courts

(Not password protected)
mjonathanhayes

Subchapter V

(Not password protected)

Small Business Chapter 11 Update, Where Are We Eight Months In?

(Reprinted with permission of the Los Angeles Daily Journal, October 26, 2020 – https://www.dailyjournal.com/)
By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles)
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Local Standards Apply but Trustee Need Not Be a Sumpsimus

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
November 16, 2020
Archives
ahern

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

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

davidcox

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)

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 2 – Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5).

Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd

robinson

Chapter 13 Trustee Duties, Powers and Limitations – Part 7

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

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?

kevinanderson

YTD Change in Filings – National Average of -37%

(Not password protected)
From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
Another great heat map from Judge Anderson, however, this one comes with explanatory commentary. When will the triggering events begin?
openposition

Trustee Positions Open

(Not password protected)

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
gavel

New Ohio Judge Profiled

(Not password protected)

U.S. Bankruptcy Judge Tiiara N.A. Patton Profiled

bigwin
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

The Case of the Vanishing Homestead Exemption

debt

Student Loan Chronicles

(Not password protected)

CFPB Recommends Extending Student Loan Relief

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
November 9, 2020
Archives
davidcox

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1

By David Cox, Cox Law Group, PLLC (Lynchburg, VA)

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

robinson

Chapter 13 Trustee Duties, Powers and Limitations – Part 6

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

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))?

cmoran

Brace & Beyond: Joint Tenancy & Transmutation

By Cathy Moran, Esq. (Redwood City, CA)
Brace is California specific but may have application in other community property states.
openposition

(Not password protected)

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
dictionary

New Term of the Week

(Not password protected)

What the heck is ‘blockchain’??

Apparently, like bitcoin it is a cryptocurrency but for the mortgage industry.

media

A popular item from last week . . . Handling the Media

(Not password protected)
Since most consumer bankruptcy professionals will never receive a call from ‘the media,’ if you do, it is likely to catch you completely off guard and, perhaps, not thinking through your responses. This is an excellent, short, tutorial on how to respond to questions from the media. As you read, it may help to replace the word ‘corporation’ with either ‘client’ or ‘debtor’.
ncbrc
Thomas-Humphries

IN CASE YOU MISSED IT . . .

Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

By Thomas Humphries Sirote & Permutt, PC (Birmingham, AL)

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 . . .”

November 2, 2020
Archives
kraus

Meet the New Trustee

“Lloyd T. Kraus was appointed as a Chapter 13 Standing Trustee for the Eastern District of Texas on August 1, 2019. While Kraus loves his job, he would much rather still be serving as a staff attorney to his best friend and mentor John Talton.”
robinson

Chapter 13 Trustee Duties, Powers and Limitations – Part 5

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama
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 5 addresses under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))?
Thomas-Humphries

Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

By Thomas Humphries Sirote & Permutt, PC (Birmingham, AL)
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 . . .”
AlexSchmidt

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

By Alexander Schmidt, Law Clerk*, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo)
gustafsonBringing back a ‘hit’ from last year . . .*Regrettably Mr. Schmidt has moved on from his position as Judge Gustafson’s Law Clerk.
nclc

From the National Consumer Law Center

(Not password protected)
  • 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.
numbers

Handling the Media

(Not password protected)
Since most consumer bankruptcy professionals will never receive a call from ‘the media,’ if you do, it is likely to catch you completely off guard and, perhaps, not thinking through your responses. This is an excellent, short, tutorial on how to respond to questions from the media. As you read, it may help to replace the word ‘corporation’ with either ‘client’ or ‘debtor’.
numbers

Means Test Numbers EFFECTIVE NOW

(Not password protected)
In Part 2 of Bankruptcy Form 122A-1 and Part 2 of Bankruptcy Form 122C-1, debtors are instructed to “Fill in the median income for your state and size of household.” This information is published by the Census Bureau, and the data is updated each year. In addition, pursuant to 11 U.S.C. § 101(39A)(B), the data on the UST’s web site will be further adjusted early each calendar year based upon the Consumer Price Index for All Urban Consumers (CPI).For cases filed on or after November 1st, the new numbers should be used.
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Trustee Absolutely Immune from Personal Liability (Chapter 7 case)

ahern

IN CASE YOU MISSED IT . . .

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
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
October 26, 2020
Archives
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

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

robinson

Chapter 13 Trustee Duties, Powers and Limitations – Part 4

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama
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 4 looks exactly whose interests the trustee represents, and when should the trustee object or move to modify?
numbers

Means Test Numbers

(Not password protected)
In Part 2 of Bankruptcy Form 122A-1 and Part 2 of Bankruptcy Form 122C-1, debtors are instructed to “Fill in the median income for your state and size of household.” This information is published by the Census Bureau, and the data is updated each year. In addition, pursuant to 11 U.S.C. § 101(39A)(B), the data on the UST’s web site will be further adjusted early each calendar year based upon the Consumer Price Index for All Urban Consumers (CPI).For cases filed on or after November 1st, the new numbers should be used.
supremecourt
courtscales

From the Courts – (All repeats from last week)

(Not password protected)
  • 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.
newjudge

New Bankruptcy Judge

(Not password protected)
M. Ruthie Hagan Appointed as a United States Bankruptcy Judge for the Western District of Tennessee
foryourblog

For Your Blog

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

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
tunnell

IN CASE YOU MISSED IT . . .

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX)
“I find prong (6) the most interesting, because it asks the tenant to continue to make payments, but it doesn’t require them to do so as evictions are temporarily halted.”
October 19, 2020
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329.
tunnell

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX)
“I find prong (6) the most interesting, because it asks the tenant to continue to make payments, but it doesn’t require them to do so as evictions are temporarily halted.”
robinson

Chapter 13 Trustee Duties, Powers and Limitations – Part 3

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

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?
supremecourt
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

A very popular item from last week . . . 6th Circuit Clarifies Treatment of 401(k) Contributions in Chapter 13

openposition

Bankruptcy Judgeship Opportunities Announced

(Not password protected)
  • 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.
courtscales

From the Courts

(Not password protected)
  • 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.
MazerMarino

New Judge

(Not password protected)

Mazer-Marino to Become New U.S. Bankruptcy Judge in Brooklyn

Click here for Press Release
foryourblog

For Your Blog

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

Here’s How Much Your Social Security Check Will Increase in 2021

caution
viegelahn

IN CASE YOU MISSED IT . . .

Trustees’ Pet Peeves

By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas
Although Trustee Viegelahn first produced this list for an ethics panel in 2019, it is a timely heads-up now. This list was gathered from Trustees across the country.

First Principles for First Meetings

By Cathy Moran, Esq. (Redwood City, CA)
cmoran. . . 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.”
October 12, 2020
Archives
viegelahn

Trustees’ Pet Peeves

By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas
Although Trustee Viegelahn first produced this list for an ethics panel in 2019, it is a timely heads-up now. This list was gathered from Trustees across the country.
cmoran

First Principles for First Meetings

By Cathy Moran, Esq. (Redwood City, CA)

. . . 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.”

robinson

Chapter 13 Trustee Duties, Powers and Limitations – Part 2

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama
Judge Robinson has created an outstanding, all-inclusive article outlining the duties, powers, and limitations of the Chapter 13 Trustee. We will be running the outline in parts. Each part reads as a stand-alone article. We think you will very much enjoy this series. This section looks at the statutory duties of a standing trustee.
education

Bankruptcy 101

(Not password protected)

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.

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

6th Circuit Clarifies Treatment of 401(k) Contributions in Chapter 13

nclc

From the National Consumer Law Center

(Not password protected)

NCLC Announces 2020 Rising Star Award Recipients

judgegeorge

Passing of Nevada Judge

(Not password protected)

At 90 years old, the Honorable Judge Lloyd D. George passed away on October 7th.Click here for more information.

courtscales

From the Courts

(Not password protected)
chiefjudge

Chief Judge

(Not password protected)
This month the Honorable Bess M. Parrish Creswell will be taking over as Chief Judge for the Bankruptcy Court for the Middle District of Alabama
foryourblog

For Your Blog

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

How People Can Reconstruct Records Lost in a Natural Disaster

caution
ahern

IN CASE YOU MISSED IT . . .

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
As we prepare for an onslaught of bankruptcy filings, becoming comfortable with the rules in UCC Article 9 is a must. This week, Larry Ahern continues the series of articles designed to review Article 9’s rules related to consumer transactions and begins an analysis of the procedures required to initiate an Article 9 foreclosure.Click here for Part I
Click here for Part II
Click here for Part III
October 5, 2020
Archives
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
As we prepare for an onslaught of bankruptcy filings, becoming comfortable with the rules in UCC Article 9 is a must. This week, Larry Ahern continues the series of articles designed to review Article 9’s rules related to consumer transactions and begins an analysis of the procedures required to initiate an Article 9 foreclosure.
robinson

Chapter 13 Trustee Duties, Powers and Limitations

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama
Judge Robinson has created an outstanding, all-inclusive article outlining the duties, powers, and limitations of the Chapter 13 Trustee. We will be running the outline in parts. Each part reads as it’s own stand-alone article. We think you will very much enjoy this series. This first section looks at who appoints and who can remove a trustee.
ginsburg

In Tribute to Justice Ginsburg

(Not password protected)

Justice Ruth Bader Ginsburg’s Bankruptcy Opinions

nclc

From the National Consumer Law Center

(Not password protected)

New Rights for Homeowners Exiting COVID-19 Forbearances

irs
courtscales

From the Courts

(Not password protected)
oregon

From the District of Oregon

(Not password protected)

Judge Thomas M. Renn Designated as Chief Judge

debt

Student Loan Chronicles

(Not password protected)

House Democrats Debate Bill to Allow Student Loan Discharges in Bankruptcy

foryourblog

For Your Blog

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

Caregivers of Older Veterans Can Apply for Financial Assistance from VA Starting Today

caution
rapoport

IN CASE YOU MISSED IT . . .

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“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:

September 28, 2020
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

“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:

williambrown

From the Editor

By The Honorable William Houston Brown (Retired)

Two cases caught the eye of Judge Brown this week. Each relating to debtor attorneys:

maxgardner

Agreed Order Resolving Plaintiffs’ Motion for Preliminary Injunction

(Not password protected)
The United States Bankruptcy Court for the Western District of Virginia, Roanoke Division, has entered a National Preliminary Injunction in the class action against Wells Fargo with respect to the CARES Act Forbearance matters. This national injunction, entered by consent of the parties, precludes Wells Fargo from placing any Chapter 13 Debtor into a Forbearance without their expressed and informed consent.
kevinanderson

Another Great Heat Map from Judge Anderson

(Not password protected)
From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
cmoran

Analyzing Troubled Chapter 13s After COVID19

By Cathy Moran, Esq. (Redwood City, CA)

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.

****************************

WEBINAR RECORDINGAnalyzing 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.

forbearance

The CARES Act and Mortgage Forbearance Webinar Recording Now Available

(Not password protected)

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.

openposition

Position Postings

(Not password protected)

Northern District of Ohio – Term Law Clerk to United States Bankruptcy Judge Tiiara N.A. Patton

caution
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Important Student Loan Decision . . . A Non-Governmental Private Student Loan Obligation is not always excepted from discharge by § 523(a)(8).
September 21, 2020
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Important Student Loan Decision . . . A Non-Governmental Private Student Loan Obligation is not always excepted from discharge by § 523(a)(8).
kevinanderson

Another Great Heat Map from Judge Anderson

(Not password protected)
From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah

We apologize for the wrong link in last week’s email.
Unemployment Heat Map as of August 21st.

doj

From the United States Trustee for Region 21

(Not password protected)

New Trustee Announced

Congratulations Jonathan DeLoach!
forbearance

The CARES Act and Mortgage Forbearance Webinar Recording Now Available

(Not password protected)
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.
openposition

Position Postings

(Not password protected)

Western District of Tennessee – Chief Deputy Clerk

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
September 14, 2020
Archives
ahern

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
2020 is a difficult time for individuals as well as businesses, with trustees and debtors’ advisors preparing for an onslaught of bankruptcy filings. In the consumer bankruptcy field, practitioners are often uncomfortable with the rules in UCC Article 9. This week, Larry Ahern continues a series of articles designed to review Article 9’s rules related to consumer transactions. In Part II, he introduced the basics of perfection of a security interest, including where to file a financing statement. This week, he analyzes when the UCC-1 must be filed, as illustrated by two consumer bankruptcy decisions on August 5 and 6, 2020.Click here for Part 1
Click here for Part 2
kevinanderson

A previously run popular item . . .

Unemployment Heat Map

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

We love these graphics from Judge Anderson – this one is a current look at unemployment in the United States as of August 21st.

nclc

From the National Consumer Law Center

(Not password protected)

2020 High Cost Lending Lobby Campaign & Training

openposition

Position Postings

(Not password protected)

Chief Deputy Clerk Vacancy Announcement – United States Bankruptcy Court for the E.D. of Kentucky

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. Application deadline is September 18, 2020.
sandiego2020

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 eachDownload of the entire seminar for a mere $150Don’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)
irs

From the IRS

(Not password protected)

E-Signatures Temporarily Allowed on Some Tax Forms

debt

Student Loan Chronicles

(Not password protected)
silver

IN CASE YOU MISSED IT . . .

Eviction and Bankruptcy Remedies

By Wayne Silver, Wayne Silver Law (Redwood City, CA)
“ . . . on Monday, August 24, 2020 the moratorium on evictions expired, while we face one of the most difficult times in our economic history. As I write this, I know many people cannot make their rent. This post is devoted to helping them.”
August 31, 2020
Archives
ahern

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 2

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
2020 is a difficult time for individuals as well as businesses, with trustees and debtors’ advisors preparing for an onslaught of bankruptcy filings. In the consumer bankruptcy field, practitioners are often uncomfortable with the rules in UCC Article 9. This week, Ahern continues a series of articles designed to review Article 9’s important rules related to consumer transactions, introducing the basics of perfection of a security interest, including where to file a financing statement.
silver

Eviction and Bankruptcy Remedies

By Wayne Silver, Wayne Silver Law (Redwood City, CA)
“ . . . on Monday, August 24, 2020 the moratorium on evictions expired, while we face one of the most difficult times in our economic history. As I write this, I know many people cannot make their rent. This post is devoted to helping them.”
kevinanderson

Unemployment Heat Map

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

We love these graphics from Judge Anderson – this one is a current look at unemployment in the United States as of August 21st.

openposition

Position Postings

(Not password protected)
  • 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.
sandiego2020

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)

courtscales

From the Courts

(Not password protected)
irs

From the IRS

(Not password protected)

Student Loan Chronicles

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

From NCLC: New July Student Loan Rule Amendments: What Changes and What Does Not

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
cmoran

IN CASE YOU MISSED IT . . .

Think Beyond The Means Test

By Cathy Moran, Esq. (Redwood City, CA)
“It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture.”
August 24, 2020
Archives
cmoran

Think Beyond The Means Test

By Cathy Moran, Esq. (Redwood City, CA)
“It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture.”
ErikKimball

How to Present an Effective Summary Judgment Motion

(Used with permission – Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida, August, 2020)
By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida
We are delighted to present this no-nonsense, practical look at summary judgment motion practice.
farmertractor

Chapter 12 In The News

(Not password protected)

A Dairy State Tops Bankruptcy ClaimsArticle contains a very interesting graphic.

nclc

From the National Consumer Law Center

(Not password protected)

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

sandiego2020

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)

courtscales

From the Courts

(Not password protected)
  • 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
irs

From the IRS

(Not password protected)
  • 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.
foryourblog

For Your Blog

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

Student Loan Chronicles

(Not password protected)

From Credit Slips: Student Loan Relief Update

Brian Lynch

IN CASE YOU MISSED IT . . .

Court Review of Fee Applications in Chapter 13: One Judge’s Perspective

By Hon. Brian Lynch, Bankruptcy Judge, WAWB

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.

August 17, 2020
Archives
Brian Lynch

Court Review of Fee Applications in Chapter 13: One Judge’s Perspective

By Hon. Brian Lynch, Bankruptcy Judge, WAWB

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.

Laila Gonzalez

Possible Solution for Student Loans?

By Laila S. Gonzalez, Esq.
“One thing everyone can agree on is that student loan debt is increasing on an annual basis.” Discharge, don’t discharge, priority – what is the answer?
craig

Judge to Retire

(Not password protected)

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.

courtscales

From the Courts

(Not password protected)
  • 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
isabelwilkerson

New Book

(Not password protected)

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.”

irs

From the IRS

(Not password protected)

IRS Takes New Steps to Ensure People with Children Receive $500 Economic Impact Payments

“The IRS urges certain federal benefit recipients to use the IRS.gov Non-Filers tool starting August 15 through September 30 to enter information on their qualifying children to receive the supplemental $500 payments.”
foryourblog

For Your Blog

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

Dirty Dozen Part 1: Taxpayers should be on the lookout for these scams.

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • 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
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Recession of 2020 threatens to be a difficult time for individuals as well as businesses, with debtors’ counsel preparing for an onslaught of filings. In the consumer bankruptcy field, trustees and debtors’ counsel often are uncomfortable with the rules in UCC Article 9. Larry Ahern has taught Secured Transactions for many years at Vanderbilt University. This week, he begins a series of articles designed to review (or perhaps introduce) Article 9’s important rules related to consumer transactions.
August 10, 2020
Archives
ahern

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

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
The Recession of 2020 threatens to be a difficult time for individuals as well as businesses, with debtors’ counsel preparing for an onslaught of filings. In the consumer bankruptcy field, trustees and debtors’ counsel often are uncomfortable with the rules in UCC Article 9. Larry Ahern has taught Secured Transactions for many years at Vanderbilt University Law School. This week, he begins a series of articles designed to review (or perhaps introduce) Article 9’s important rules related to consumer transactions.
williambrown

From the Editor

By The Honorable William Houston Brown (Retired)

Judge Brown looked at two cases this week – one on eligibility and one on classification.

circuit

Narrowing of Circuit Split

(Not password protected)

In re Jeffrey J. RockwellClick 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.

gavel

Appointment of U.S. Bankruptcy Judge

(Not password protected)
Tenth Circuit Court of Appeals has appointed Mitchell L. Herren as Bankruptcy Judge for the District of Kansas
bonnieclair

‘Jeopardy’ Judge

(Not password protected)

New Bankruptcy Judge Is Former ‘Jeopardy!’ Winner

courtscales

From the Courts

(Not password protected)
  • 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.
isabelwilkerson

New Book

(Not password protected)

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.”

usamap

A very popular item from last week . . .

Downloadable Exemption Map

(Not password protected)
States in blue have opted out of the federal exemptions and only allow bankruptcy filers to use the state exemptions.
irs

From the IRS

(Not password protected)

Here’s What Taxpayers Need to Know About the Home Office Deduction

This information applies to most any of us who are now working from home. And, no, if you have an employer you are NOT eligible to claim home office deductions.
evictionorder

Evictions in the News

(Not password protected)
openposition

Position Postings

(Not password protected)
foryourblog

For Your Blog

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

Attention Teachers: Those school expenses might be tax deductible

caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
chrishawkins

IN CASE YOU MISSED IT . . .

Eleventh Circuit Adopts the Path of Leased Resistance

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases.
August 3, 2020
Archives
chrishawkins

Eleventh Circuit Adopts the Path of Leased Resistance

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases.
williambrown

From the Editor – Claims

By The Honorable William Houston Brown (Retired)
kevinanderson

Historic Decline in GDP for 2d Quarter 2020

By The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
Judge Anderson pulled this report together for ConsiderChapter13.org readers. “Our country has never experienced such a shock in one quarter.”
usamap

Downloadable Exemption Map

(Not password protected)
States in blue have opted out of the federal exemptions and only allow bankruptcy filers to use the state exemptions.
courtscales

From the Courts

(Not password protected)
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. The court has published on its website here a table of the Alabama exemptions as adjusted since 2015.
irs
openposition

Position Postings

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been otherwise satisfied.
July 27, 2020
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been otherwise satisfied.
paulbonapfel

SBRA

By Paul W. Bonapfel U.S. Bankruptcy Judge, N.D. Ga.

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.

See also: Recent Amendments Place Creditors in a Stronger Position to Defend Against Chapter 11 Bankruptcy Preference Lawsuits

evictionorder

Evictions in the News

(Not password protected)
openposition

Position Postings

(Not password protected)
Southern Ohio Bankruptcy Judgeship – Notice of Vacancy – August 7th deadline to apply
foryourblog

For Your Blog

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

How Taxpayers Can Troubleshoot Common After-Tax-Day Issues

debt

Student Loan Chronicles

(Not password protected)
cmoran

IN CASE YOU MISSED IT . . .

The Smart Way to Cut Out the IRS

By Cathy Moran, Esq. (Redwood City, CA)
Like so much in life, it’s all about timing. And ‘mutuality’ is key.
July 20, 2020
Archives
ahern

A Look at Setoff and Recoupment as Fourth Circuit Permits IRS to Grab Exempt Overpayment Refund

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Creditors with rights of setoff or recoupment have special protections under commercial and bankruptcy law. This week, Larry Ahern analyzes a recent decision by the Fourth Circuit that addressed the interplay of IRS setoff rights and state exemptions in bankruptcy. In the process, he reviews the basics of setoff and recoupment and suggests a limit on the scope of the Fourth Circuit’s ruling.
cmoran

The Smart Way to Cut Out the IRS

By Cathy Moran, Esq. (Redwood City, CA)
Like so much in life, it’s all about timing. And ‘mutuality’ is key.
cliffwhite

From the Office of the UST

(Not password protected)

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)

clair

New Judicial Appointment

(Not password protected)

Newly Appointed Eastern District of Missouri U.S. Bankruptcy Judge Bonnie Clair

Click here for Press Release
evictionorder

Evictions in the News

(Not password protected)
courtscales

From the Courts

(Not password protected)
openposition

Position Postings

(Not password protected)
Southern Ohio Bankruptcy Judgeship – Notice of VacancyVacancy Announcement- Career Law Clerk
foryourblog

For Your Blog

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

IN CASE YOU MISSED IT . . .

Objection: Hearsay

By Wayne Silver, Wayne Silver Law (Redwood City, CA)
“ . . . 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.
July 13, 2020
Archives
smith

Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC)
reaIs 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?
silver

Objection: Hearsay

By Wayne Silver, Wayne Silver Law (Redwood City, CA)

“ . . . 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.

gomez

The Hanging Paragraph – Hanging on Every Word Part 4 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)

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

courtscales

From the Courts

(Not password protected)
  • Flattening More Than the Curve. Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
foryourblog

For Your Blog

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

Taxpayers Should Report Tip Income on Their Tax Return

marionalolson

IN CASE YOU MISSED IT . . .

Passing of an Icon

(Not password protected)
Some of you may remember Al’s poignant speech at the 2010 NACTT annual conference in Grapevine, Texas, just prior to his retirement as a Standing Chapter 13 Trustee after receiving the diagnosis of Alzheimer’s. Al was an all-around class act and gentleman. Al passed away June 26th.
July 6, 2020
Archives
sandiego2020

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!!

gomez

The Hanging Paragraph – Hanging on Every Word Part 4 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)

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

marionalolson

Passing of an Icon

(Not password protected)
Some of you may remember Al’s poignant speech at the 2010 NACTT annual conference in Grapevine, Texas, just prior to his retirement as a Standing Chapter 13 Trustee after receiving the diagnosis of Alzheimer’s. Al was an all-around class act and gentleman. Al passed away June 26th.
courtscales

From the Courts

(Not password protected)
  • 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.
lawbook

From Credit Slips

(Not password protected)

Seila Law v CFPB: Winners and Losers

The Supreme Court’s long-awaited decision about the CFPB’s constitutionality is out. It’s a tricky opinion to parse politically.
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Bankruptcy Court May Not Limit Debtor’s Right to Modify as Condition of Confirmation

foryourblog

For Your Blog

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

From the IRS

(Not password protected)

IRS Unclaimed Refunds of $1.5 Billion Waiting for Tax Year 2016 – Taxpayers face July 15 deadline

openposition

Job Posting

(Not password protected)
Judicial Vacancy – Eastern District of Wisconsin – Application deadline July 17th
ahern

IN CASE YOU MISSED IT . . .

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

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.

June 29, 2020
Archives
ahern

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Chapter 13 debtors are often frustrated by mortgage lenders who file claims and then go radio silent. One avenue of attack on such creditors is to object to the claim, alleging deficiencies in the underlying transaction. This week, Ahern analyzes recent caselaw on such tactics, especially a June 1 Ninth Circuit opinion, in which the Court of Appeals retreated from a 2015 decision that provided encouragement to such debtors.
gomez

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)
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 the hanging paragraph’s effect on interest rates.Click here for Part 1
Click here for Part 2
cmoran

Assessing the Ailing Business Post Pandemic

By Cathy Moran, Esq. (Redwood City, CA)
Long after the human patients recover . . . , small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next.
sandiego2020

From the NACTT

(Not password protected)

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.

REGISTER NOW!!

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Arbitration Clause Not Enforced in Discharge Violation Case

utilityshutoffs

Eviction In the News

(Not password protected)
foryourblog

For Your Blog

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

Agencies Are Looking for Temporary Feds to Respond to the Pandemic

irs
openposition

Job Posting

(Not password protected)
Judicial Vacancy – Eastern District of Wisconsin – Application deadline July 17th
automaticstay

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

By Academy Staff
“The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, . . . Many Courts have recognized that this can create an opportunity for mischief by debtors and a hardship for creditors.”
June 22, 2020
Archives
automaticstay

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

By Academy Staff
“The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, . . . Many Courts have recognized that this can create an opportunity for mischief by debtors and a hardship for creditors.”
gomez

The Hanging Paragraph – Hanging on Every Word Part 2 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)

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.

williambrown

From the Editor – Claims

By The Honorable William Houston Brown (Retired)
sandiego2020

From the NACTT

(Not password protected)

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!!

foryourblog

For Your Blog

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

Job Posting

(Not password protected)

Chapter 7 Panel Trustee Advertisements

  • Northern District of Illinois, Eastern Division – June 26 is deadline to apply

Clerk of Court

Judicial Assistant

Term Law Clerks

  • Southern District of Ohio – Term Law Clerk – August 18 closing date
utilityshutoffs

Eviction In the News

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
hildebrand

IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Another Hot Off the Press Case Analysis. . . Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account.
June 15, 2020
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Another Hot Off the Press Case Analysis. . . Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account.
gomez

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio (Toledo)

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

williambrown

From the Editor – Sanctioned Attorney

By The Honorable William Houston Brown (Retired)
Judge Brown looks at one February ruling in which an attorney was sanctioned for filing identical schedules in two cases without updating financial information.
ruark

New Judge Appointed

(Not password protected)
The United States Bankruptcy Court for the District of Maryland announced that the United States Court of Appeals for the Fourth Circuit has selected Maria Ellena Chavez-Ruark, of Marriottsville, Maryland, to fill a vacancy for United States Bankruptcy Judge in the District of Maryland. The vacancy was created by the untimely passing of Judge Wendelin I. Lipp.
uscongress

Need for Additional Judges

(Not password protected)
According to a 25-paged, June 10th letter to Congress from the Bankruptcy and COVID-19 Working Group a minimum of FIFTY additional bankruptcy judges are needed to handle the expected flood of bankruptcies.
sandiego2020

From the NACTT

(Not password protected)

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!!

foryourblog

For Your Blog

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

How to Pay for Bankruptcy When You’re Flat Broke

By Cathy Moran, Esq. (Redwood City, CA)

foryourblog“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.

irs

Zoom Meetings – Part of the New Normal

(Not password protected)

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
irs

From the IRS

(Not password protected)

IRS Reminder: Deadline postponed to July 15 for those who pay estimated taxes

openposition

Job Posting

(Not password protected)

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

Judicial Assistant

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

debt

Farmers in the News

(Not password protected)

A Second Chance: More farms file for bankruptcy protection

ahern

IN CASE YOU MISSED IT . . .

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Chapter 13 debtors are often frustrated by mortgage lenders who file claims and then go radio silent. One avenue of attack on such creditors is to object to the claim, alleging deficiencies in the underlying transaction. This week, Ahern analyzes recent caselaw on such tactics, especially a June 1 Ninth Circuit opinion, in which the Court of Appeals retreated from a 2015 decision that provided encouragement to such debtors.
June 8, 2020
Archives
ahern

HOT OFF THE PRESS

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Chapter 13 debtors are often frustrated by mortgage lenders who file claims and then go radio silent. One avenue of attack on such creditors is to object to the claim, alleging deficiencies in the underlying transaction. This week, Ahern analyzes recent caselaw on such tactics, especially a June 1 Ninth Circuit opinion, in which the Court of Appeals retreated from a 2015 decision that provided encouragement to such debtors.
williambrown

From the Editor – Plan Modification and Discharge

By The Honorable William Houston Brown (Retired)

Judge Brown looks at two cases – one on plan modification; the other regarding discharge:

stevewalker

Who Files the Tax Returns Under SBRA

By Steven L. Walker, Esq. (San Jose, CA)
Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S.
paulbonapfel

SBRA

(Not password protected)

Update to “A Guide to the Small Business Reorganization Act of 2019”

In February, Judge Paul W. Bonapfel of the Georgia Northern Bankruptcy Court published “A Guide to the Small Business Reorganization Act of 2019.” Since then, Judge Bonapfel has updated the document and it is provided here for your review.
sandiego2020

From the NACTT

(Not password protected)

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

(Not password protected)

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
ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)
nclc

From the National Consumer Law Center

(Not password protected)
“The National Consumer Law Center’s pursuit of economic justice is a vital part of the struggle for justice and equality. We have established a Racial Justice and Equal Economic Opportunity Initiative to ensure that issues of racial equity are front and center in our work. The Initiative addresses the profound injustices present in every type of consumer transaction: mortgages and foreclosures, auto finance, debt collection, toxic land installment contracts, student loans and for-profit schools, criminal justice debt, credit reporting and scoring, access to broadband internet, and more. To make matters worse, people, families, and communities of color are suffering the most widespread consequences of the COVID-19 pandemic and the resulting economic crisis.”
openposition

Job Posting

(Not password protected)
cfpb

From the CFPB

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
mjonathanhayes

IN CASE YOU MISSED IT . . .

Congress, It’s Time to Get Rid of That Stupid Means Test

(Reprinted with permission: https://www.dailyjournal.com/)
By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles)
“. . . I told him he could borrow my Elder Wand and use it to get Congress to make some changes in the Bankruptcy Code. He said, ‘well, the first thing is to get rid of that stupid means test.’”
June 1, 2020
Archives
sandiego2020

From the NACTT

(Not password protected)

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

(Not password protected)

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
mjonathanhayes

Congress, It’s Time to Get Rid of That Stupid Means Test

(Reprinted with permission: https://www.dailyjournal.com/)
By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles)
“. . . I told him he could borrow my Elder Wand and use it to get Congress to make some changes in the Bankruptcy Code. He said, ‘well, the first thing is to get rid of that stupid means test.’”
williambrown

From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)
judgeparsons
irs
nclc

From the National Consumer Law Center

(Not password protected)
openposition

Job Posting

(Not password protected)
courtscales

From the Courts

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
foryourblog

For Your Blog

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

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
May 25, 2020
Archives
happymemorialday

NATIONWIDE DAY OF COMMEMORATION
MARTYRS OF THE RACE COURSE
DECORATION DAY
MEMORIAL DAY

Far More Than Cookouts and Mattress Sales

In order to give the staff of ConsiderChapter13.org the weekend off, we bring you a ‘catch up’ edition.

bledsoe

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

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
“Why a debtor would want to extend the plan to 7 years is understandable. . . . What may be less obvious, at least to debtors, are the potential pitfalls.”
marshabrown

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

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
Tired of COVID . . . so is Ms. Brown . . . so she offers us a look at a simple, yet interesting, case in which $300 became a HUGE deal.“Not only do the debtor’s attorneys have the right to seek additional compensation, the debtor, the trustee and/or the court itself has the right to question that additional compensation.”
ahern

Is a CARES Act Stimulus Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern addresses a narrow but complicated issue under the CARES Act: whether individuals’ federal stimulus payments, under the CARES Act or similar legislation, are exempt in bankruptcy.

Is an Unemployment Compensation Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Following his earlier examination of whether individuals’ federal stimulus payments are exempt, this week Larry Ahern reviews the status of unemployment compensation payments. This analysis is accompanied by an extensive survey of selected states’ rules on such payments in an Appendix.
cmoran

The Hunt for Deductible Interest – Money Too Often Left on the Table

By Cathy Moran, Esq. (Redwood City, CA)
One of the mysteries of Chapter 13 is why mortgage lenders don’t send an IRS 1098 for mortgage payments made through a plan. . . . Miss that deduction and clients leave tax money on the table.
harvard

From Harvard Law School – Bankruptcy Roundtable

By The Honorable William Houston Brown (Retired)
videotaping

From the U.S. Bankruptcy Court District of Nevada

(Not password protected)

No Recording Hearings

We are beginning to see similar orders from other courts.“Persons participating in video proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual or audio copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.”See also: Ask Ms. Ps & Qs (password protected)
forbearance

Forbearance Guidelines

(Not password protected)

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.
openposition

Job Posting

(Not password protected)
Columbus, Ohio – Chapter 13 Trustee VacancyDistrict of South Carolina – Law Clerk to United States Bankruptcy Judge
farmfield

Farmers in the News

(Not password protected)
covid

CARES Act/COVID Webinar Series – AVAILABLE

courtscales

From the Courts

(Not password protected)
debt

Student Loan Chronicles

(Not password protected)
May 18, 2020
Archives
marshabrown

Reasonable Fees and/or Questionable Attorney

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
Tired of COVID . . . so is Ms. Brown . . . so she offers us a look at a simple, yet interesting, case in which $300 became a HUGE deal.
 “Not only do the debtor’s attorneys have the right to seek additional compensation, the debtor, the trustee and/or the court itself has the right to question that additional compensation.”
ahern

Is an Unemployment Compensation Payment Exempt?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Following his earlier examination of whether individuals’ federal stimulus payments are exempt, this week Larry Ahern reviews the status of unemployment compensation payments. This analysis is accompanied by an extensive survey of selected states’ rules on such payments in an Appendix.
williambrown

From the Editor – Debtor’s Attorney

By The Honorable William Houston Brown (Retired)
videotaping

From the U.S. Bankruptcy Court District of Nevada

(Not password protected)
Well, here’s a hard and fast answer regarding videotaping . . . Our guess is that other courts have or will follow this rule.“Persons participating in video proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual or audio copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.”See also:Ask Ms. Ps & Qs (password protected)
forbearance

Forbearance Guidelines

(Not password protected)

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.
judgesnow

Passing of Judge David F. Snow

(Not password protected)
openposition

Job Posting

(Not password protected)
Columbus, Ohio – Chapter 13 Trustee Vacancy
District of South Carolina – Law Clerk to United States Bankruptcy Judge
farmfield

Farmers in the News

(Not password protected)

Farm Bankruptcies on the Rise Amid COVID-19 Pandemic

covid

CARES Act/COVID Webinar Series – AVAILABLE

courtscales

From the Courts

(Not password protected)
postoffice
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
May 11, 2020
Archives
rapoport

Ask Ms. Ps & Qs

By Professor Nancy Rapoport, University of Nevada
This week’s question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state?We are living in a new normal, and video conferencing will continue to be part of our lives even after social distancing guidelines have relaxed. What should we do in terms of ground rules for holding video conferences on Zoom or similar software?
Gunn

CARES Act Rebates and Domestic Support Arrears

By Elizabeth Gunn, Assistant Attorney General, Virginia Division of Child Support Enforcement, Bankruptcy Specialist
“. . . the CARES Act did not exempt offset for unpaid domestic support obligations. Further, because of how the rebate payments are issued and processed by the IRS, the CARES Act did not provide Title I-VD support agencies with an option to choose not to implement the offsets.”
cmoran

Bankruptcy’s Eternal Struggle

By Cathy Moran, Esq. (Redwood City, CA)
A must-read from one of our favorite authors.Which controls, b-22 or I and J . . . You are not limited to the expense categories on the form. Add ones that reflect your client’s budget. And don’t file those schedules until you have squared them up with reality!
covid

CARES Act/COVID Webinar Series – AVAILABLE

Above the Law Free Webinar

(Not password protected)
Join Above the Law for a complimentary CLE-eligible webinar, Reopening During Coronavirus: What Employers Need to Know, where our panel will provide guidance to develop your strategy and avoid costly pitfalls.
irs

From the IRS

(Not password protected)

Three New Credits Are Available to Many Businesses Hit by COVID-19

(These MAY apply to your law practice.)
courtscales

From the Courts

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
foryourblog

For Your Blog

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

Did You Know? Bankruptcy Video Series

Did you know that the United States Courts has produced an EXCELLENT educational tool for consumers/potential clients regarding consumer bankruptcy? We found them all in one place on the website for the Bankruptcy Court for the Southern District of Alabama but they are on YouTube. Approx. 5 minutes each – What is Bankruptcy, Difference in Chapters of Bankruptcy, etc.
lynch

In case you missed it…

United Student Aid Funds, Inc. v. Espinosa Ten Years After

By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division
Having handed student loan debtors an unexpected win, the Court then walked back much of the effect of that holding, when it ruled that a bankruptcy court must make its own independent analysis of whether the debtor can prove undue hardship.
May 4, 2020
Archives
lynch

United Student Aid Funds, Inc. v. Espinosa Ten Years After

By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division
Having handed student loan debtors an unexpected win, the Court then walked back much of the effect of that holding, when it ruled that a bankruptcy court must make its own independent analysis of whether the debtor can prove undue hardship.
cmoran

Analyzing Troubled Chapter 13s During COVID19

By Cathy Moran, Esq. (Redwood City, CA)

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.

****************************

pees

A Fond Farewell to 007 – Frank M. Pees

“He always makes me laugh. No, guffaw!” . . . On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. A position he has held since 1978.
newsflash

Federal Housing Finance Agency 4/27/20 Press Release

(Not password protected)
gavel

Eastern District of Michigan

(Not password protected)

Daniel S. Opperman New Chief Judge

ncbrc

From the National Consumer Bankruptcy Rights Center

(Not password protected)

Trustee May Modify Plan to Capture Proceeds from Sale of Employee Stock Options

courtscales

From the Courts

(Not password protected)
utilityshutoffs

Coronavirus Eviction and Utility Shutoff Rules for Your State

(Not password protected)
carpayments

Car Payment Relief

(Not password protected)
From Edmunds.com – this information is being updated regularly. Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts