Carmen Dellutri brings Academy readers another article, this one focused on your team – know your team member’s strengths and weaknesses. Click here for a quick inventory on how to best utilize your and your team’s skills.See also, Target Market Clarity & How to Speak to YOUR Market!!! By Attorney Dellutri

When: August 21/2:00 Eastern
Who: Carmen Dellutri and Cathy Moran
Title: Are you a Lawyer OR a Marketer? How to be Both!

In an opinion issued by the Ninth Circuit Court of Appeals, the unclean hands doctrine did not apply to allow the debtor to discharge a debt owed to a California marijuana dispensary. Rather, the debt could not be discharged and the debtor would have to address the debt through bankruptcy.

Judge Brown takes a look at 3 cases this week:

• Debtors’ attorney fees are not deductible costs for hypothetical liquidation.
• Surrender prevents debtor from taking overt act to prevent creditor’s recovery of collateral.
• Section 1322(b)(8) does not permit payment of judgment creditor’s claim with property and partial surrender is prohibited.

A heated dispute between a judge and foreclosure attorney ended with the 70-year-old attorney handcuffed, charged with two felonies, and incarcerated overnight.

• Judges Rebuke Limits on Wiping Out Student Loan Debt
  • Attorney Market for Discharging Student Loans
  • Click here for PDF of Opinion referred to in above 2 articles
• Discover Bank to Pay $18.5M Over Student Loans
• Taxpayers Could Lose Billions If Students Walk Away From Loans
• Loan Collections and Bankrupt Borrowers
• The Surprising Reason College Tuition Is Crazy Expensive
• Profits and Predatory Loans: The story of Aequitas and Corinthian Colleges

• Big Win for CFPB on Debt Collection
• Citi Ordered To Pay $770 Million Over Credit Card Practices

Ms. Ps & Qs gives readers a July bonus in answering not one but two relevant ethics questions:

• Must a bankruptcy lawyer disclose to a client before a case is filed that the bankruptcy lawyer is not evaluating the matter to determine whether the client has causes of action against creditors and that filing Chapter 13 may, if the plan gets confirmed, have the effect of waiving such causes of action?

• Can a bankruptcy lawyer pay another lawyer $250 in “referral fees” for referring a Chapter 13 client to him?

Ms. Ps & Qs gives readers a July bonus in answering not one but two relevant ethics questions:

• Must a bankruptcy lawyer disclose to a client before a case is filed that the bankruptcy lawyer is not evaluating the matter to determine whether the client has causes of action against creditors and that filing Chapter 13 may, if the plan gets confirmed, have the effect of waiving such causes of action?

• Can a bankruptcy lawyer pay another lawyer $250 in “referral fees” for referring a Chapter 13 client to him?

Who knew chapter 13 helps you live longer?

The Academy welcomes upcoming 3rd year law student, Ansley Owens, as its first intern. You will see several by-lines from Ms. Owens over the next few months.In her first article, she dives straight into the deep end and analyzes state vs. federal exemptions as related to same-sex married couples.

• Payday-Loans Leader Faces Probe
• FTC Announces $54M in Payday Loan Settlements

Summary: “Don’t call us, and even if you do, we won’t answer.”

• the IRS processed 126.1 million individual tax returns
• the average refund amount was $2,711
• the IRS answered only 37% of taxpayer calls routed to customer service
• the IRS answered only 39% of calls from taxpayers seeking assistance from TAS on the National Taxpayer Advocate toll-free hotline
• the IRS answered only 17% of calls from taxpayers who called after being notified their tax returns were blocked by the Taxpayer Protection Program on suspicion of identity theft
• the IRS answered only 45% of calls from practitioners who called on the Practitioner Priority Service line, and hold times averaged 45 minutes
• the number of “courtesy disconnects” received by taxpayers skyrocketed from about 544,000 in 2014 to about 8.8 million, an increase of more than 1,500%. The term “courtesy disconnect” is used when the IRS essentially hangs up on a taxpayer because its switchboard is overloaded and cannot handle additional calls

(But other than this, they did a great job.)

A quick synopsis of Boukatch out of the Ninth Circuit BAP.

As a follow-up to the Mortgage Servicing Issues session at the NACTT Annual Seminar in Salt Lake City, the NACTT Mortgage Committee shares the following information:

• Effective December 1, 2015, numerous new forms will go into effect
• Of particular note to Form 410A

Click here for a list of Conduit Trustees (please note the date of last revisions, there have been changes to this list)

As a follow-up to the Mortgage Servicing Issues session at the NACTT Annual Seminar in Salt Lake City, the NACTT Mortgage Committee shares the following information:

• Effective December 1, 2015, numerous new forms will go into effect
• Of particular note to Form 410A

Click here for a list of Conduit Trustees (please note the date of last revisions, there have been changes to this list)

Attorney Jacobs addresses the ‘well, I’ve got good news and I’ve got bad news’ involved in overtime pay for active debtors in Chapter 13 bankruptcy.

Persistent conflicts of interest, rise of outsourced Filipino credit counselors, and questionable nonprofit service providers are issues explored in this detailed, informative article.

• Ninth Circuit BAP Holds Denial of a Student Loan Debt Under Sec. 523(a)(8)(A)(ii) Requires Actual Receipt of Funds by Debtor
• You’ll Never Guess the Latest Victims of the Student Loan Crisis
• U.S. to Halt Legal Steps vs Corinthian Student Loan Defaults

• Rural Pennsylvania Fire Department Files Bankruptcy to Save Bingo Night

• Attorney Suspended for Violating Rules Related To Representing Clients In Bankruptcy Cases
• Dewey Defense: Everyone Sends Embarrassing Emails
• Salina Consumer-Debt Collector Is Shut Down, Ordered To Pay $550,000

• Lundin to Retire After 34 Years
• New Bankruptcy Judge Named for Southern West Virginia

A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral.

See Also: Supreme Court Corner

“Modification of a confirmed Chapter 13 plan under § 1329 can only be effected based upon changes in the debtor’s circumstances which were not known or not virtually certain; when a plan is modified, the “best interest of creditors test” is applicable as of the date of the modified plan.” (From March 2015)

. . . “Hopefully, courts will continue rejecting the Traverse decision and will follow the law as written.” (From April 2015)Click here for the original article.

Vesting, re-vesting, at confirmation, if not at confirmation then when??? Attorney Bruce looks at case law showing the importance of vesting timing. (From May 2014)

A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral.

See Also: Supreme Court Corner

Dear Readers:

As any Eagles fan knows, “you can’t hide your lyin’ eyes.” But how can you tell if your client is lying, and what should you do about it? Click here to find out!

HAVE A QUESTION FOR OUR ETHICS EXPERT? Click here. Your identity will remain anonymous.

“The perfect t-shirt for Chapter 13 trustees is now available. It says: “I can explain it to you, but I can’t understand it for you.” It only comes in one color. Too bad ‘cause I need a week’s worth and think different colors would be nice. Let me share some of my recent experiences which have made this shirt so desirable.”

• High Stakes and a Potential Standoff Over Student-Loan Debt Relief
• Co-signing a Student Loan? You May Never Be Able To Free Yourself

• Chapter 7 trustee ‘Smelled A Rat’ and Got The Goods On A Jewelry Store Owner
• New Jersey Man Admits Operating Mortgage Foreclosure Rescue/Real Estate Ponzi Scheme
• Bankruptcy Trustee Shuts Down Costa Mesa Debt Settlement Company Morgan Drexen
• Mortgage Scammers Ruin Homeowners
• Jenkintown man accused of scamming 70,000 victims

• Oakwood University’s Clifton R. Jessup New Federal Bankruptcy Judge In Decatur

Rule 3002(c) is applicable to secured claims in Chapter 13 cases and secured creditors must file a timely proof of claim in order to participate in a Chapter 13 plan.

Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. Part 2 looks at Law v. Siegel and the absolute right to dismiss. Now the conclusion to this 3 part series looks at bad faith and the existence of an escape hatch; or is it actually a trap door?

Click here for Part 3

Issue: May a chapter 7 debtor strip off a wholly unsecured secured claim pursuant to §506(d)?

Holding: No based on the previous ruling in Dewsnup.

Justice Thomas for 9-0 court

In other Supreme Court news:

• Opinion Analysis: Divided Court Rules “American Rule” Bars Fees For Litigation Over Attorney’s Fees In Bankruptcy

CFPB Takes Action Against Servicemember Auto Lender For Aggressive Debt Collection Tactics – Auto Loan Company Misled Servicemembers About Consequences of Nonpayment

• Attorney Sentenced To Year In Prison For Role In Large Scale Mortgage Fraud Scheme
• Debt Collector Allegedly Used Colonial-Era Law to Go After Debtors’ Family Members

• Former Orlandoan Appointed Chief Bankruptcy Judge
• Frank Volk Named Bankruptcy Judge In West Virginia

Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. For years, the majority opinion was that § 1307(b) gave Chapter 13 debtors an absolute right to dismiss their bankruptcy cases. However, after the Supreme Court’s 2007 Marrama decision, which held that bad faith is a basis for denying Chapter 7 debtors the right to convert to Chapter 13, the tide suddenly turned. Decision after decision began to hold that § 105(a) gave bankruptcy courts the ability to deny §1307(b) dismissals to Chapter 13 debtors who had acted in bad faith.Click here for Part 2

IT’S NOT TO LATE: REGISTER NOW FOR NACTT SALT LAKE CITY
DON’T MISS IT!

A continuation of Trustee Sensenich’s look at the many hats of a Chapter 13 Trustee: Litigator, Mediator, Fiduciary, CEO, Educator and more.

In the Academy’s continued efforts to bring you marketing ideas and expertise, we bring you the first in a 4 month series of articles from Carmen Dellutri. Carmen has built a highly profitable practice through cleaver and innovative marketing techniques.In addition to the article series, mark your calendar now for an August 21st webinar. Carmen Dellutri and Cathy Moran will present: If You Market, They WILL Come: How Bankruptcy Attorneys Must Also Be “Market-preneurs”

CFPB To Oversee Nonbank Auto Finance CompaniesIt’s official. The CFPB’s tentacles are now into car loans . . . The June 10th rule will take effect 60 days after publication in the Federal Register.

Click here for the rule

Click here for The Examination Procedures for Auto Finance

In Other CFPB Matters:

• Banks’ Billions in Overdraft Fees Seen Dodging Tough U.S. Rules

• RPM accused of trying to saddle consumers with costly mortgages

• RPM Mortgage: We did nothing wrong, but settled with CFPB anyway. MBA’s Stevens says CFPB’s ‘regulate by enforcement’ hurts consumers most

• CFPB Advisory On Reverse Mortgages

• Chase Banker Gets Prison On Mortgage Bribes
• Provident To Pay $9M For Mortgage Discrimination
• 50 Hospitals Charge Uninsured More Than 10 Times Cost Of Care, Study Finds

Bankruptcy and Big Bets

New from Attorney Leffler, the second installment in the series – When Things Don’t Go According to The Plan.In the first of this 3 part series, Leffler looks at § 1307(b) voluntary dismissals.REGISTER NOW FOR NACTT SALT LAKE CITY and get the Early Bird price of $800. DEADLINE FOR DISCOUNTED REGISTRATION IS TODAY – June 8th!

Mark Leffler joins Trustee Martha Bronitsky and creditor attorney Michael McCormick taking a look at the ethical issues involved in limited-scope representation and withdrawal from representation.

DON’T MISS IT!

This may, at first, seem an odd title for an article appearing in a publication which is largely addressed to Chapter 13 Trustees. One would hope that we would know what we are. However, what is your response when you are asked, “So, what do you do?”

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Next week’s conclusion looks at Chapter 13 Trustees as: Litigator, Mediator, Fiduciary, CEO, Educator and more.

The Supreme Court decided the case of Bank of America, N.A. v. Caulkett. The Court held, unanimously (except for a caustic footnote related to Dewsnup) that a debtor in a chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d) when there is inadequate equity to support the junior lien because a senior mortgage exceeds the value. SCOTUS reinforced Dewsnup in holding that where, as here, the junior lien claims are secured by a lien and allowed under Section 502, that claim cannot be voided under the definition given to the term “allowed secured claim” that was given in Dewsnup. The Court emphasized that when you add the effect of Section 1322(b)(2), the results might well be different, as they were in Nobleman.Click here for the OpinionSee also:

• Supreme Court Ruling Little Help to Struggling Homeowners

• Opinion Analysis: Bad News For “Underwater” Homeowners

• Justices Agree, But for the Footnote

This week Judge Brown takes a look at two cases on claims:

• Tennessee statute providing that penalty on delinquent property taxes “constitutes the assessment of interest” was unconstitutional.
• Debtor’s former wife filed claims on behalf of secured creditors.

Bankruptcy Judge Joe Lee’s Influence Will Continue Despite His Passing

• GA Based Zenith Financial Group Will Write Off $3 Million of Debts, Close Doors
• Not so much fraud or sanctions, but irony . . .Bankruptcy Judges Get Tough On Debtors Who Don’t Surrender Property
• IRS Busts Wife Of Convicted Scammer

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.The opinion may be accessed by clicking here. (Not password protected)See Also:

NEW THIS WEEK: Update on the Supreme Court’s Decision in Wellness: Seriously Inferior Courts

• Some Guidance from SCOTUS on Stern v. Marshall! (And What You Really Need to Know)

• Sotomayor And Roberts Clash As Supreme Court Expands Power Of Bankruptcy Courts

• Well Well Wellness: The Supreme Court’s Most Recent Decision Regarding Stern v. Marshall and its Progeny

• The World Will Not End In Fire, Or Ice, But In A Bankruptcy Court” – Wellness International Network, Ltd. v. Sharif

• Supreme Court Accepts Cert in Wellness Int’l Net-Work, Ltd v. Sharif

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.The opinion may be accessed by clicking here. (Not password protected)

See Also:

• Some Guidance from SCOTUS on Stern v. Marshall! (And What You Really Need to Know)

• Sotomayor And Roberts Clash As Supreme Court Expands Power Of Bankruptcy Courts

• Well Well Wellness: The Supreme Court’s Most Recent Decision Regarding Stern v. Marshall and its Progeny

• The World Will Not End In Fire, Or Ice, But In A Bankruptcy Court” – Wellness International Network, Ltd. v. Sharif

• Supreme Court Accepts Cert in Wellness Int’l Net-Work, Ltd v. Sharif

The Honorable Joe Lee United States Bankruptcy Judge, 89, pioneer for bankruptcy reform, died May 21, 2015.See also: United States Bankruptcy Judge Joe Lee, Who Presided Over Calumet Farm Case, Dies At 89

This week Judge Brown took a look at four cases involving Conversion and Dismissal.

• Case properly dismissed on eve of 60th month for failure to pay confirmed percentage to unsecured.
• Bad faith conversion resulted in postpetition inheritance being property of Chapter 7 estate.
• Failure to file state income tax return warranted dismissal.
• Debtor’s lack of good faith in filing petition and plan required conversion.

CFPB And Florida Attorney General Obtain $27.7 Million Judgment Against Foreclosure Relief Scam Companies – Court Enters Judgment Against Hoffman Law Group and Affiliates for Deceiving Consumers and Collecting Illegal Advance Fees; Individuals Involved to Auction Jewelry, Watches to Pay Redress

REGISTER NOW FOR NACTT SALT LAKE CITY and get the Early Bird price of $800. DEADLINE FOR DISCOUNT IS June 8th!

CFPB expert Joann Needleman, leader of Clark Hill’s Consumer Financial Services Regulatory & Compliance Group, will speak on WHY you need to know about the CFPB and how it affects your practice. DON’T MISS IT.

Apparently not enough people are reading Ms. Ps & Qs . . . We have an extra long list of wrong-doers this week . . .

• Woman Sues Debt Collector, Wins $83 Million
• Orchard Lake attorney charged in fake mortgage assistance scheme
• Michigan Attorney Charged In Mortgage Scheme
• Operation Wax House leader sentenced to 30 years in prison
• HUD And Associated Bank Agree On $200 M Discrimination Fine
• Identity Thieves Got Private Data for 104,000 U.S. Taxpayers
• Stamp Farms co-owner Melissa Stamp sentenced to 20 months in prison for bankruptcy fraud

“A Rose is not a Rosa – Two Opposing Views on Surrender, §1325(a)(5)(C). Two cases with similar names but different outcomes illustrate the debate.”

“A Rose is not a Rosa – Two Opposing Views on Surrender, §1325(a)(5)(C). Two cases with similar names but different outcomes illustrate the debate.”

John M. Hauber was appointed as the Chapter 13 Standing Trustee for the Southern District of Indiana, Indianapolis Division on April 1, 2015. He replaces the retired Bob Brothers.

Judge Brown’s thoughts were a little disjointed this week. He takes a look at three cases on three totally different topics:

• Curing Mortgage Arrearage – Prepetition foreclosure prevented debtor’s cure of homeowners’ association delinquency.
• Lien Stripping – For purposes of strip off, property is valued at petition date.
• Confirmation – Lack of good faith denial of confirmation.

Supreme Court holds that debtor gets the undistributed money on conversion.REGISTER NOW for NACTT Salt Lake City and meet Trustee Mary Viegelahn in person. Trustee Viegelahn will be moderating a panel on Domestic Support Obligations, Priority Claims, and Other Domestic Relations Issues. She will be joined by The Honorable Robert D. Berger, United States Bankruptcy Judge for the District of Kansas and DSO expert John J. Johnston of Dixon & Johnston Law Office in Belleville, IL.

Supreme Court rules plan administrators must continue ‘to monitor trust investments and remove imprudent ones’

Plessy’s Place in the List of Worst Supreme Court DecisionsSee also: Homer Plessy Biography

• Follow-up to an item we ran last week: Nationwide Biweekly claims CFPB suit contains multiple errors – “We are puzzled by the CFPB’s allegations”

• David W. Griffin Indicted by FBI in Foreclosure and Bankruptcy Fraud Scheme
• 3 Men Indicted As Part Of Federal Fraud Investigation
• Six Banks Pay $5.8 Billion, Five Plead Guilty to Market Rigging
• Government Says Four Cancer Charities Are Shams
• A software company is accused of making millions by selling diplomas for fake universities with names like ‘Columbiana’ – Pakistan company made millions selling fake degrees online, report says Axact has managed to continue operations by using legal retaliations and a complex network of offshore corporations. . . . (hmmm, your doctor seem a little, um, under-educated, might want to check her diploma.)
• Arrest warrant issued for ‘Girls Gone Wild’ founder Joe Francis. . . (well, that’s been a long time coming!)

“You still have time to file retirement plan tax returns for your small business.”

“Dear Readers: I’m assuming that, by now, you’ve heard about (and, I hope, read) the Court’s opinion in In re CLTI, LLC: Memorandum Opinion on Jeremy Alcede’s Emergency Motion Objecting to Proposed Order Regarding Social Media Accounts . . . If you haven’t, then this case falls into the world of You Can’t Make These Things Up.The issue in this case was whether the debtor’s social media accounts can ever be considered property of the estate. (Spoiler alert: yes, at least when it’s a business debtor and the social media accounts are business accounts.) But I don’t write a ‘here’s a new case’ column. I write an ethics column. So let’s read the opinion for some hints about potential ethics issues . . . “

“Dear Readers: I’m assuming that, by now, you’ve heard about (and, I hope, read) the Court’s opinion in In re CLTI, LLC: Memorandum Opinion on Jeremy Alcede’s Emergency Motion Objecting to Proposed Order Regarding Social Media Accounts . . . If you haven’t, then this case falls into the world of You Can’t Make These Things Up. The issue in this case was whether the debtor’s social media accounts can ever be considered property of the estate. (Spoiler alert: yes, at least when it’s a business debtor and the social media accounts are business accounts.) But I don’t write a ‘here’s a new case’ column. I write an ethics column. So let’s read the opinion for some hints about potential ethics issues . . .”

Recently, The Academy presented a wonderful webinar on the discharge of income taxes, by experts Al Russo and Morgan King.

As a follow-up, tax and bankruptcy attorney Larry Heinkel (the creator of www.TaxDischargeDeterminator.com), brings us, in laymen’s terms, what a practitioner needs to know to help him or her avoid malpractice and even, perhaps, make money in the art of discharging taxes in bankruptcy.

Judge Brown takes a look at three cases involving counsel for debtors and one regarding employment of a mediator.

• Post-discharge proceeding to enforce contempt and sanctions order against debtor’s attorney is core.
• Contempt sanction against attorney was in nature of criminal contempt and notice was inadequate.
• Attorney not entitled to fees for time reviewing monthly monitoring of cases by other staff.
• Mediator is professional person and employment requires court approval.

Eduardo V. Rodriguez has been appointed as the United States Bankruptcy Judge for the Southern District of Texas. Rodriguez will have big shoes to fill as he steps into the judgeship vacated by retiring Judge Richard S. Schmidt. In Salt Lake City Rodriguez will be speaking with Trustee Russell Simon, Mike Bates and John Crane of Aldridge Connors on Mortgage Servicing Issues, Including Proofs of Claim.REGISTER NOW

U.S. House Bill Would Suspend a Homeowner’s Right to Enforce Accurate Mortgage Pricing – Advocates Oppose Bill that Would Let Lenders Off the Hook

Click Here for the NCLC report.

• CFPB Launches Public Inquiry Into Student Loan Servicing Practices – Bureau Seeks Information On Industry Practices That Can Create Student Debt Stress . . . Note from the Academy to Debtor Attorneys: While most of this is fluff, you might want to look at the last paragraph.
• CFPB Takes Action to Obtain $120 Million In Redress From Sprint and Verizon For Illegal Mobile Cramming – Companies Will Also Pay $38 Million in Fines for Unauthorized Charges on Customers’ Mobile Bills
• CFPB Files Suit Against Nationwide Biweekly For Luring Consumers With False Promises Of Mortgage Savings – Consumers Paid $49 Million in Fees for Deceptive Mortgage Payment Program
  • See also: – Complaint Review: Nationwide Biweekly Administration, Inc.

• Judge Finds Arvest Violated Bankruptcy Code by Firing Employee
• Bankruptcy Judge Threatens To Send 2 Lawyers To The Slammer For 30 Days For Ignoring $49K Sanction
• 5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered
• Judge’s Ruling Against 2 Banks Finds Misconduct in ’08 Crash
• Dan Gilbert says government can’t ‘coerce’ him into admitting Quicken Loans committed fraud

Find Out How ACA Affects Employers With Fewer Than 50 Employees (Note: the last 2 paragraphs might be of interest to you)

Trustee Anderson brings a Critical Case Comment that could also be published in the Sanctions and Irony and Fraud, Oh My! Department.Whether motivated by altruism or greed, the surreptitious use of post-dated checks by debtors’ counsel to pay Chapter 7 and Chapter 13 attorney’s fees violated the mandatory bankruptcy disclosure requirements and merited sanctions of $61,534 and the disgorgement of $127,971 in fees earned in 300 cases over two years.

Trustee Anderson brings a Critical Case Comment that could also be published in the Sanctions and Irony and Fraud, Oh My! Department.Whether motivated by altruism or greed, the surreptitious use of post-dated checks by debtors’ counsel to pay Chapter 7 and Chapter 13 attorney’s fees violated the mandatory bankruptcy disclosure requirements and merited sanctions of $61,534 and the disgorgement of $127,971 in fees earned in 300 cases over two years.

In a unanimous decision, the Supreme Court affirmed the First Circuit’s decision that denial of confirmation of a Chapter 13 plan is not a final order that the debtor can appeal. In contrast to a confirmation order, which has preclusive effect, denial of confirmation leaves the rights and obligations of the parties unsettled, with the debtor able to propose another plan.Click here for The Court’s decision (no password required).If you are an Academy member, for more background see: Supreme Court to Review Whether Denial of a Chapter 13 Plan is a Final Order and Thus Appealable by M. Jonathan HayesStill not a member? Click here and join now.See also (not password protected):

• Supreme Court Rules Denial of Proposed Bankruptcy Repayment Plan Not Final Action
• Opinion analysis: Justices Slam the Door on Appeals of Bankruptcy Plan Denials

The NACTT is pleased to extend the deadline for discounted “early” registration ($800) for the NACTT Annual Seminar until June 1st.The conference date is fast approaching and it will be a great event. Register now and secure your $100 discount.Click here for the complete Program.

The Fair Debt Collection Practices Act grabbed Judge Brown’s attention this week. Check out these 3 case synopses:

• FDCPA not violated by proof of claim for time-barred debt.
• FDCPA claim preempted by Bankruptcy Code.
• Debtor failed to state FDCPA claim.

It is with great sadness that we say good-bye to Chapter 13 Trustee David Howe. Trustee Howe served as a Chapter 13 Trustee for the Western District of Washington in Tacoma since 1990. He was an outstanding human being and will be greatly missed.Click here for more.

• These Guys Ticked Off The Wrong Bankruptcy Judge
• Foreclosure rescue scam shut down by FTC

The following two stories are related. They are not regarding a Chapter 13 case, however, the way the money was hidden is interesting: cashier’s checks, given to family members to hold.

• Stamp Farms co-owner Melissa Stamp facing 41-51 months in prison for bankruptcy fraud
• Michael Stamp will ‘undoubtedly’ be charged in bankruptcy fraud case, wife’s attorney says

The National Consumer Law Center (NCLC) conducted a nationwide survey from February 24 to March 3, 2015, of more than 100 attorneys and housing counselors representing homeowners. The survey’s results show significant ongoing problems with mortgage servicing. While the CFPB’s mortgage servicing regulations have made important progress in standardizing industry practices, enhancing procedural transparency, and improving servicer accountability, many challenges remain.

A debtor’s filing of an untimely 1040 tax return form, filed after the Internal Revenue Service has already assessed a tax liability, is not a tax return for purposes of § 523(a)(1).

A debtor’s filing of an untimely 1040 tax return form, filed after the Internal Revenue Service has already assessed a tax liability, is not a tax return for purposes of § 523(a)(1).

“This Article offers new insights into understanding the complexities and costs of the litigation burden that Congress has imposed on debtors who seek a fresh start in bankruptcy. . . .”

Judge Brown takes a look at 5 cases involving the automatic stay.

• Landlord violated stay by premature eviction.
• Entry of discharge mooted appeal from stay relief order, but no in rem relief to purchaser from foreclosing creditor.
• Continuance of foreclosure sale did not violate stay.
• Administrative freeze violated stay.
• Stay applies to property interest acquired post-confirmation.

• Detroit Bankruptcy Judge: Courtroom Cameras Should Have been OK
• U.S. Bankruptcy Court in Midland to Lose Clerk’s Office Staff
• US Bankruptcy Court Judge John E. Hoffman Jr. Wins Pro Bono Award
• Nevins Joins U.S. Bankruptcy Court In Connecticut
• Conn. Bankruptcy Judge Retires After 22 Years on Bench (See also 4/20/15 Academy Update)

Science Says Sitting Is Killing Us – So It’s IT To The Rescue

“If you are like me, news like this makes you want to do something. . . . But not something as radical as getting a stand up desk, or even more unthinkable, a treadmill desk. (Now, when they come out with the hamster wheel desk, maybe I’ll consider it.)”

• Hidden Rolex Helped Unravel Bankruptcy For S. Fla. Doctor And His Wife
• The Most Cringeworthy Chat Messages From The Deutsche Bank Libor Transcripts
• Former Lawyer Indicted In Investment Scam

• Why the IRS Won’t Tell Fraud Victims What Thieves Stole

See also, Weeding Out Marijuana From Bankruptcy Proceedings: The Intersection Between State Laws Legalizing Marijuana and Federal Bankruptcy Law

“The law of averages doesn’t work on numbers this small, I was told.”See also currently in the news: Bankruptcy Court Rules “One-Size-Fits-All” Is Wrong Approach For Evaluating Request For Payment of Attorney’s Fees NEW THIS WEEK ***** Not Chapter 13 but may be of interest . . . Citing Plain Language of Bankruptcy Code and Split With Other Circuits, Fifth Circuit Overturns Pro-Snax Decision *****

“The law of averages doesn’t work on numbers this small, I was told.”

See also currently in the news: Bankruptcy Court Rules “One-Size-Fits-All” Is Wrong Approach For Evaluating Request For Payment of Attorney’s Fees

Continuing the series introducing new (and newish) Chapter 13 Standing Trustees, meet Faye English, Chapter 13 Trustee for the Southern District of Ohio maintaining her office on Columbus.

With great dedication while on his way out the door for a much deserved vacation, Judge Brown sends us 4 cases relating to property of the estate and exemptions:

• Disallowance of exemptions based on bad faith.
• Debtors not barred from claiming further exemption.
• No stay relief to execute on inherited IRA when no objection had been filed to exemption.
• Property interests defined by state law.

• Start Planning Now for Next Year’s Taxes
• Determine if You Should File an Amended Tax Return After Receiving a Corrected Form 1095-A
• Top 10 Tips to Know if You Get a Letter from the IRS
• How Does the Taxpayer Advocate Service Work for You? . . .Hmmm, if you or your client has had a positive, or negative, experience with the Taxpayer Advocate Service, the Academy would like to hear about it. Click here to tell us your story.

Join tax expert Morgan King and Chapter 13 Trustee Al Russo for a 65 minute discussion on changes in how taxes are dealt with in some bankruptcy cases.

With almost 300 attendees, the Emerging Tax Issues webinar was a huge success. If you missed it, click here to view at your convenience.

Not an Academy member*, we offer a pay per view option.

*Click here to join now.

• Louisville, Tn., Woman Gets Lengthy Federal Prison Term For Her Part In Ponzi Scheme
• Toledo Woman Charged For Home Loan-Modification Scheme

• High Court Won’t Touch Ruling Applying FDCPA To Bankruptcy

Salt Lake City is a tremendous family vacation destination. The Grand America, a Five-Diamond hotel, sits majestically in a valley surrounded by the Wasatch Mountains. Click here for more information.

Dear Readers:

Spring cleaning is underway – not in our home, but probably in other locations – and that gives rise to some ideas about organizing or reorganizing your work. Click Here for some musings from Ms. Ps & Qs.

Dear Readers:Spring cleaning is underway – not in our home, but probably in other locations – and that gives rise to some ideas about organizing or reorganizing your work. Click Here for some musings from Ms. Ps & Qs.

. . . “Hopefully, courts will continue rejecting the Traverse decision and will follow the law as written.”

Judge Brown’s focus this week is disunited as he looks at three cases on varied topics:

• Post-Petition Property: Inheritances received post-confirmation are property of estate.
• Surrender: Surrender of secured property does not divest ownership, but a plan may propose to vest property in another entity.
• Claims: Widow’s family allowance claims.

• Changes to “Flexible Finality”? Civic Partners and the Supreme Court Oral Argument in Bullard
• Clark v. Rameker: What Did The Supreme Court Really Say? What Is Holding And What Is Dicta? Does 522(b)(3) Pre-Empt Tex. Prop. Code Sec. 42.0021(a)?

Join tax expert Morgan King and Chapter 13 Trustee Al Russo for a 65 minute discussion on changes in how taxes are dealt with in some bankruptcy cases.With almost 300 attendees, the Emerging Tax Issues webinar was a huge success. If you missed it, click here to view at your convenience.Not an Academy member*, we offer a pay per view option.

*Click here to join now.

• Ex-Gun Store Owner Chooses to Stay in Jail So He Can Keep Facebook, Twitter Accounts . . . continuing the saga
• Yet Another Way Personal Data Can Be Exposed
• Accused Investment Manager’s Million-Dollar Home Up For Sale . . . Things that make you shake your head

• CFPB Finalizes Rule Aimed At Improving Credit Card Agreement Submission Process
• CFPB Issues Guidance on Housing Counselor Requirement – Final Interpretive Rule Includes Additional Instructions for Providing Housing Counselor Information
• From Credit Slips: Dodd-Frank 2.0: The Unfinished Business of Financial Reform

Albert Dabrowski retires after a very interesting career.

Academy Board Member Mark Leffler kicks off a new series on post-confirmation issues.“Experienced practitioners and trustees know that underfunding is common, often because debtors frequently underestimate the true extent of their debt.”

Academy Board Member Mark Leffler kicks off a new series on post-confirmation issues.“Experienced practitioners and trustees know that underfunding is common, often because debtors frequently underestimate the true extent of their debt.”

Trustee Cohen brings us the results of an interesting study conducted by his office. Are you experiencing similar results? Click here and tell us about it.Click here for an exclusive list of conduit/non-conduit trustees.

This week Judge Brown take a look at three cases involving priority claims:

• Periodic alimony is domestic support obligation.
• Claim for reimbursement of maintenance overpayments was not domestic support obligation.
• Attorney fees awarded by state court in child custody litigation were domestic support obligation.

• Arvest Firing Challenged in Bankruptcy Court
• VSB Seeks Lawyer Discipline Based on Bankruptcy Court Penalty
• Tribal Lenders Claim Right To Charge 448% On Loans In CT
• How Oakland scam nabs people’s homes
• Woman who helped run tax-refund scam sentenced to 50 months

“In performing the hypothetical liquidation analysis of 11 U.S.C. § 1325(a)(4), Chapter 13 attorney’s fees are deducted as a priority claim before estimating the return to non-priority unsecured creditors.”

“In performing the hypothetical liquidation analysis of 11 U.S.C. § 1325(a)(4), Chapter 13 attorney’s fees are deducted as a priority claim before estimating the return to non-priority unsecured creditors.”

Finalizing Mr. Coy’s checklist of what trustees’ offices look for from debtors’ counsel.Although titled “Bankruptcy 101” this series is hardly for the novice. This week, Attorney Coy looks at 341s, Proofs of Claim, Service and more . . .Click here for a PDF of Debtor Intake Forms

This week Judge Brown looks at four cases.

• Second mortgage creditor did not hold unsecured claim in Chapter 20 case
• Separate classification of municipal court fines
• Best interests test included debtor’s contingent interest in per capita tribal payments
• Confirmation denied for bad faith

This snarky little saying by those who live in and around Salt Lake City used to be all too true. However, Salt Lake has had a revitalization in recent years and is now an energetic, vibrant town with great restaurants, beautiful mountain vistas and, yes, plenty of places to have fun and enjoy a drink or two. Contrary to the long-held belief, you can get alcohol in restaurants and bars in Utah, just as you do in other states. There are plenty of things to see and do, both in Salt Lake City and in the surrounding areas, such as Park City, Snowbird and Brighton, which have plenty of outdoor summer activities for the whole family. For ideas on places to eat and things to see, check out www.downtownslc.org

• Bank of America at Center Stage In U.S. Top Court Bankruptcy Case
• Court to take on Undistributed Funds and Bankruptcy Conversion
• Justices to use Consumer Bankruptcy Case To Resolve Crucial Question Of Reorganization Process
• Supreme Court Hears Arguments In Bankruptcy Cases
• Should Underwater Junior Liens Survive Bankruptcy?

• Bankruptcy Judge Playing Retirement Tune

• Payday Loans Are Even Worse Than You Thought
• The vicious cycle of payday loans
• Inside the new federal pay day loan rules

• Still Time to Make Your IRA Contribution for the 2014 Tax Year

• U.S. Student Borrowers Need Relief in Bankruptcy
• Citizens Bank to Offer Parents Loans To Pay For College
• Rethinking Student Loans
• Are Student Loans the Next Big Bankruptcy Issue?
• Student-Loan Case Inches Forward In Erie Bankruptcy Court

• Former Plan Trustee Indicted For $1.1 Million Embezzlement from a Bankruptcy Estate and Tax Evasion

Confirmation of a Chapter 13 plan constitutes a final order with res judicata effect, precluding litigation related to claims filed prior to confirmation.

Confirmation of a Chapter 13 plan constitutes a final order with res judicata effect, precluding litigation related to claims filed prior to confirmation.

Continuing Mr. Coy’s checklist of what trustees’ offices look for from debtors’ counsel. A look at preparing the documents, taxes and student loans.Although titled “Bankruptcy 101” this series is hardly for the novice.

Atlanta ROCKS. The SBLI staff and Board of Directors were all very welcoming to the Academy. Attendees were friendly and open to new ideas. Welcome new member Chris Rampley and new newsletter subscribers.

Bank of America, N.A. v. Caulkett:

• Can the Supreme Court Rescue Drowning Homeowners?
• Second-Mortgage Case Has Justices Second-Guessing An Old Decision
  • See also The Supreme Court and Stripping Liens

• Thomas B. McNamara
  • Appointment of U.S. Bankruptcy Judge for the District of Colorado
  • Davis Graham & Stubbs partner named 10th Circuit bankruptcy judge
• Phyllis M. Jones
  • New U.S. Bankruptcy Judge Takes Oath
    

• The Premium Tax Credit – The Basics
• Determine if You Can Benefit from the Premium Tax Credit
• Ten Tax Tips for Farmers
• It’s Not Just You: It’s Really Taking Longer to Do Your Taxes

• CFPB Considers Proposal To End Payday Debt Traps
• Consumer Protection Agency, For First Time, Takes Aim at Payday Lenders

• Bankruptcy Judge Benchslaps A Biglaw Firm — Hard
• Probation Firm Extorted Money From Poor in Alabama, Suit Charges

“. . . I know this topic is old news for most of you, and that courts have been considering this issue since before I got my law license, but please stay with me. . . .”After reading Trustee Bledsoe’s article, please feel free to leave a comment in the newly formatted Comment Section at the bottom of each article. No sign-up, no logging in, no password – type your comment and hit ‘Submit Comment’ – easy easy. NEW THIS WEEK – Be sure to note the comments added to this article by your colleagues.

“. . . I know this topic is old news for most of you, and that courts have been considering this issue since before I got my law license, but please stay with me. . . .”After reading Trustee Bledsoe’s article, please feel free to leave a comment in the newly formatted Comment Section at the bottom of each article. No sign-up, no logging in, no password – type your comment and hit ‘Submit Comment’ – easy easy.

“Individuals may disagree about what constitutes a successful Chapter 13 case; however, this discussion is about efficiently handling a case.”Although titled “Bankruptcy 101” this series is hardly for the novice. Rather, it serves as a checklist to debtors’ counsel.

This week Judge Brown looks at three cases; two on eligibility and one on standing.

• Mortgage servicer had standing to contest eligibility.
• Wholly unsecured mortgage was included in unsecured debt for eligibility.
• Debtors can pursue non-bankruptcy cause of action.

• Five Key Points about Children with Investment Income
• What Kind of Health Insurance Qualifies as Minimum Essential Coverage?
• Additional Medicare Tax – What You Need to Know
• Employers: Don’t Overlook the Small Business Health Care Tax Credit

• UST Report on Debtor Audits

• Fake IRS Agents Target 366,000 in Massive Tax Scam
• New Indictment in Bankruptcy Fraud Case Names Father and Son

“Modification of a confirmed Chapter 13 plan under § 1329 can only be effected based upon changes in the debtor’s circumstances which were not known or not virtually certain; when a plan is modified, the “best interest of creditors test” is applicable as of the date of the modified plan.”

“Modification of a confirmed Chapter 13 plan under § 1329 can only be effected based upon changes in the debtor’s circumstances which were not known or not virtually certain; when a plan is modified, the “best interest of creditors test” is applicable as of the date of the modified plan.”

$200,000 Sanctions Order for Vexatious Litigation Gets Affirmed . . . and that’s real money! And it happened in a bankruptcy case.

Judge Brown and Trustee Hildebrand were thinking alike this week. Judge Brown brings us four cases on plan modification.

• Change of circumstances required for post-confirmation modification.
• Modification denied to recapture past additional income but plan was modified to require turnover of future tax refunds.
• Amended plan proposed to pay real property tax as priority.
• Motion to modify too late.

• How You Can Benefit from the Premium Tax Credit
• IRS Reminds Taxpayers About “Where’s My Refund?”
• Help! My Tax Refund Was Taken To Pay My Student Loan Debt

“Joseph A. Bledsoe, III (“Jody”) was appointed as a Chapter 13 Standing Trustee for the Eastern District of North Carolina on April 4, 2014, where he is the Trustee for the New Bern and Fayetteville Divisions. He replaces retiring Interim Trustee Robert R. Browning, and Standing Trustee Trawick H. “Buzzy” Stubbs.” Click here for more . . .

• Credit-Reporting Agencies Agree To Overhaul
• Major Credit Agencies Agree To Record Changes For Medical Debts And Disputes

• Payday Loan Company Endorsed by Montel Williams Is Fined for Misconduct

“Common sense would seem to dictate that the cost of maintaining the roof over your head is a ‘household expense’ even if you are not the one paying for it.”

“Common sense would seem to dictate that the cost of maintaining the roof over your head is a ‘household expense’ even if you are not the one paying for it.”

“The resolution of the issue depends, in part, on whether Congress can ever take away a lien (and give it to the debtor essentially) without compensation. That issue is discussed in Radford and Wright . . . .”

Judge Brown has prepared a quick synopsis of the six cases quickly headed to the Supreme Court.

• The Health Care Law and Taxes: Reporting Coverage, Exemptions and Payments
• Top 10 Tax Tips about Home Mortgage Debt Cancellation
• IRS’s Top Ten Identity Theft Prosecutions; Part of Ongoing Efforts to Protect Taxpayers, Prevent Refund Fraud
• Changes to Small Business Health Care Tax Credit
• Health Care Law Brings Changes to IRS Tax Forms

Michael Wiles is newest New York Bankruptcy Judge . . .

Emerging Tax Issues: Tolling the 2-year Period and What’s Up With McCoy

Join expert Morgan King and Chapter 13 Trustee Al Russo for a 60 minute discussion of changes in how taxes are dealt with in some bankruptcy cases.

• Brazil Judge Who Drove Batista’s Seized Porsche Taken Off Case
• Broker Falsifies, Clients In Foreclosure
• West Michigan Developer Indicted In $8 Million Real Estate Mortgage ‘Stacking’ Fraud

“There was an interesting development recently in the ongoing topic of the wisdom of adopting a mandatory national form plan (Official Form 113). . . .”Click here for Letter Supporting Compromise
Click here for Draft of Form Compromise
Click here for Transcript of 1/23/15 Hearing

“There was an interesting development recently in the ongoing topic of the wisdom of adopting a mandatory national form plan (Official Form 113). . . .”

Click here for Letter Supporting Compromise
Click here for Draft of Form Compromise
Click here for Transcript of 1/23/15 Hearing

This week Judge Brown takes a look at two cases involving actions taken (or not) by attorneys representing debtors.

• Attorney violated debt-relief and certification requirements
• Postpetition divorce attorney did not properly disclose fees

Google Scholar is a fast and easy way to access case law and articles for free. There are many features available if you are willing to create an account, including email alerts and storage for documents of interest.

At a mere 37 years old, Kara Luana West was appointed Chapter 13 and Chapter 12 Standing Trustee for the Southern Division of the Eastern District of Tennessee on January 1, 2015. Ms. West has very large shoes to fill as she is replacing long-standing, retiring Trustee C. Kenneth Still.

As you may or may not be aware, the Academy is a non-profit in every sense of the word. The Academy operates on a shoe-string budget so every little bit of income helps.Through Amazon, there are 2 ways you can help:

• Register as an Academy supporter. Click here and set up an account. Each time you make an Amazon purchase, Amazon will automatically donate .5% of your purchase price. (No extra cost to you.)
• Access Amazon by clicking through any Amazon ad found in the right-hand column of this page. Once you are on Amazon’s site, you can maneuver to whatever product you want (your purchase does not have to be the advertised product). By accessing Amazon via ConsiderChapter13.org, Amazon will pay the Academy a commission of between 2-6% on every purchase. (Again, no extra cost to you.)

Means Test Forms B22C 1 & 2: What’s Changed? The Academy’s latest webinar is now available – free to members or pay per view for non-members. This 60 minute presentation on the changes to the bifurcated form was attended by over 380 bankruptcy professionals and/or staff. Comments include:

• “Thank you for the seminar! It was very helpful to myself and my staff.”
• “The material and presentation were very helpful to us. Thank you for providing the webinar!!”
• “The seminar was presented very well. It was practical and informative.”

• Law Creates Many Too Broke To File For Bankruptcy
• Insolvency after the 2005 Bankruptcy Reform
• Click here for PDF of Study

The over-40-set in the legal world are accustomed to using acronyms – lots of them. Today’s acronyms don’t mean the same things. Learning the new lingo is like learning a new language. For example, to anyone in the bankruptcy world DIP is a common term – Debtor in Possession, of course. Today, DIP means leave.

Click here

for a tutorial on other writing style changes you may want to consider.And click here (password protected) for a helpful article on writing . . . and not the way your English professor taught you.

. . . “Form 22C or the Means Test, is an Official Bankruptcy Form. It is designed to determine whether a debtor’s plan must provide for payments over a period of three years or five years (the applicable commitment period) and the minimum amount that must be paid to general unsecured creditors.”

“It is prudent for a bankruptcy attorney to review a marital settlement agreement and a proposed decree of divorce prior to effectuation by the client and entry by the divorce court.”

Click here for Part I

See also: Who Wins: A Chapter 13 Trustee or an Unrecorded Divorce Decree?

Judge Brown’s focus this week is eligibility. Click below for two synopsis of important eligibility cases.

• Mortgage servicer had standing to contest eligibility
• Wholly unsecured mortgage was included in unsecured debt for eligibility

. . . “Form 22C or the Means Test, is an Official Bankruptcy Form. It is designed to determine whether a debtor’s plan must provide for payments over a period of three years or five years (the applicable commitment period) and the minimum amount that must be paid to general unsecured creditors.”

• Destroying Your Hard Drive Is The Only Way To Stop This Super-Advanced Malware
• Over 100 Banks Hit By Sophisticated cyberattack

• The ultimate bad behavior – Clarence Gomery Pleads Guilty Ahead Of Trial In Traverse City Murder-For-Hire Case
• Sixth Circuit Bankruptcy Appellate Panel Affirms $200,000 Attorney sanctions
• Payday Lenders Escaped Regulation, but Now They Face the Church

Lots of great speakers including Academy members Kristina Gonzales, The Honorable Richard Schmidt (a/k/a General George S. Patton), Dinorah Gonzalez, David Peake, Stuart Cox, Mary Viegelahn, Ray Hendren and Eddie Rodriguez.

You do realize that this is a Federal court, right? We use the Federal Rules of Evidence.

— Pretty much every Bankruptcy Judge, everywhere, at least once, whether or not the judge is using his or her “outside the head” voice.

You do realize that this is a Federal court, right? We use the Federal Rules of Evidence.

— Pretty much every Bankruptcy Judge, everywhere, at least once, whether or not the judge is using his or her “outside the head” voice.

“Bankruptcy frequently intersects with other areas of the law, and one of the most prominent areas is family law. Of course, family law frequently includes divorce proceedings. In this article, we focus on debts for a domestic support obligation (“DSO”)—i.e., debts arising from divorce proceedings that are in the nature of support—which are not dischargeable under 11 U.S.C. § 523(a)(5).”See also: Who Wins: A Chapter 13 Trustee or an Unrecorded Divorce Decree?

Judge Brown was busy this week. He brings a synopsis of five cases; one on conversion, the rest on dismissal.

• Bad faith filing justified conversion of case to Chapter 7
• Failure to timely commence plan payments was cause for dismissal
• Notwithstanding serial filings, dismissal denied
• Party in interest standing to file motion to dismiss, despite no allowed claim
• Dismissal did not deprive court of sanction authority

Nominate a Rising Star Today! Click here for details.

Lots of great speakers including Academy favorites Hank Hildebrand and Nancy Rapoport. Welcome new member Harold Comanse.

Eastern District of Wisconsin welcomes new trustee, replacing retiring Tom King.

“First, it is never a good idea to send your bankruptcy trustee a letter alleging a “Hazmat” threat. Second, a criminal conviction for perjury arising from testimony at a 341 Meeting requires: (1) near absolute clarity from the questioner; and (2) evidence as to how the debtor understood the question at the time it was answered.”

“First, it is never a good idea to send your bankruptcy trustee a letter alleging a ‘Hazmat’ threat. Second, a criminal conviction for perjury arising from testimony at a 341 Meeting requires: (1) near absolute clarity from the questioner; and (2) evidence as to how the debtor understood the question at the time it was answered.”

Trustee Anderson’s analysis of the Hale case brings to mind the issue of security procedures in the workplace.The NACTT, in partnership with the Academy, offers a series of staff training tools.

In one, Trustees Deb Miller and Debbie Langehennig present a 42 minute training designed for the entire office – both professionals and support staff. This webinar teaches the importance of having office procedures in place for all types of breach in security such as intruders, workplace violence and receipt of suspicious packages.

Janna Countryman 7/18/62-2/1/15 – A Very Special Trustee Remembered

The Academy sponsored its first law student writing contest in 2014. The contest is an annual event so please share this information with any law student, professor, or law school you come in contact with. Spread the word!

Our 3rd place winner is from Southwestern Law School in Los Angeles. Megan E. Craig is a 3L with a true passion for bankruptcy law. Her strong work ethic has earned her academic achievements as a dean’s merit scholar and externships with the U.S. Bankruptcy Court Central District Rules Committee and former Chief Judge Vincent P. Zurzolo.

Is the Chapter 13 “Super Discharge” Still Super?

“Indeed, the super discharge still has some life left despite the passage of the 2005 Bankruptcy Abuse Prevention Consumer Protection Act that narrowed its scope.”

• Trustee’s percentage fee in case dismissed preconfirmation.
• Attorney fees on preconfirmation dismissal.

• Federal Bankruptcy Judge Pearson To Retire
• Retiring New Jersey Bankruptcy Judge Donald Steckroth to Join Cole Schotz

• Private-Student Lenders Draw CFPB Review Over Debt Refinancing
• $480 Million In Private Loans For Corinthian Students Will Be Forgiven
• Regulators Prepare Rules on Payday Loans to Shield Borrowers
• CFPB Orders Subprime Credit Card Company To Repay Consumers $2.7 Million After Charging Illegal Fees
• CFPB Asks Court To Shut Down Texas Company’s Deceptive, Illegal Credit Card Offer

“Other articles aptly explain the mechanics of classification but how does one know if the proposed treatment will pass this test? This article discusses a few principles to guide the determination of whether a proposed classification is indeed “unfair.”

If you aren’t following Specialist Moran’s series on marketing via your website, you are missing out. This entire series is a fantastic tutorial. And now is the time to employ her suggestions.Part 4 is a little more ‘techie’ and gets into the nitty-gritty of how to make sure your content gets picked up by a web search. A MUST read.

In the Fall of 2014, the Academy was honored to have sponsored its first law student writing contest. The contest is an annual event. Please share the 2015 information with any law student, professor, or school you come in contact with. Spread the word!Our first place contest winner, Michael Sullivan, is a 3rd year law student at the University of Georgia (Go Dawgs). Mr. Sullivan currently serves as the Senior Managing Editor of the Georgia Law Review and will be clerking for the Honorable Wendy Hagenau.

The Effect of Surrender of Collateral on Valuation Under 11 U.S.C. § 506(a)(2) after Santander Consumer USA v. Brown

“The Eleventh Circuit’s recent decision in Santander Consumer USA v. Brown challenges this approach with respect to personal property, and invites a reconsideration of how secured claims should be treated in Chapter 13 plans.”

See also, Critical Case Comment by Hildebrand

Two more parts to go . . . Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee.