December 31, 2018
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Archives |

Avoidance Powers in Chapter 13 – Part 1 of 6

From Credit Slips
A couple of humorous posts we think you will enjoy:


Student Loan Chronicles
- More Than 41,000 Public Service Workers Sought Federal Student Loan Forgiveness – Government Approved 206

Sanctions and Irony and Fraud, Oh My!
- Westerville Lawyer Suspended for Sexual Affair with Client. . . and failing to file a bankruptcy
- Gary Frank Saga Hits New Phase – His firm is sold for a pittance as he faces loan fraud charges
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
HEALTHCARE IN THE NEWS (Not password protected)
December 24, 2018
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Archives |
December 17, 2018
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Archives |

Amendments to Remaining Rules of Procedure Related to Bankruptcy Appeals Effective December 1, 2018
This month saw amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes are of more interest to the Chapter 13 community than others and were the subject of analyses by Larry Ahern published here before their December 1 effective date, including Rule 8011, dealing with electronic filing and service.His analyses continue this week with the remaining changes in Part VIII.See also:
- Electronic Filing Comes of Age – Part I: Revised Bankruptcy Rule 5005
- Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5
- Late-Filed Secured Claims After the 12/01/2017 Rule Changes
- December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1

Give Me Back My Car! Recent Cases Highlight Circuit Split over Whether Failure to Return Repossessed Property Violates the Automatic Stay

Cars & Bankruptcy: What You Must Know to Get It Right

From the Courts
In a new, five-minute video, federal judges offer insights into their thinking about the separation of powers and describe how healthy tensions among the branches have a stabilizing effect on democracy.Current Rules of Practice & Procedure
Detailed information regarding the December 1, 2018, amendment.


For Your Blog
Taxpayers Can Now Instantly Get Tax Info on Instagram

Sanctions and Irony and Fraud, Oh My!
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
December 10, 2018
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Archives |

Watch the Clock – Timing of Appeals

American College of Bankruptcy Elects Chapter 13 Trustee Marie Ann Greenberg as a Fellow


From the IRS
Strong Passwords Help Protect Accounts Against Cybercriminals
- Passwords like – “uE*s3P%8V)” – are out. Longer, personal phrases people can remember – for example, SunWalkRainDrive – are now preferred.
Employers Should Be Aware of W-2 Scam, Protect Employee Information

Farms in the News

Student Loan Chronicles
- She Took Out $20,000 In Loans For Her Son’s College – Then he went blind

Sanctions and Irony and Fraud, Oh My!
- After Microsoft Complaints, Indian Police Arrest Scammers at 26 Call Centers – Indian police raid 26 call centers, make 63 arrests
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
FOR THE ACADEMIC SET (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
US HEALTH CARE (Not password protected)
December 3, 2018
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Archives |

Late-Filed Secured Claims After the 12/01/2017 Rule Changes


Eastern District of Wisconsin Bankruptcy Appoints Judge


Farms in the News
- Penny for Your Corn? Stingy trade-war aid irks U.S. farmers

From the National Consumer Bankruptcy Rights Center



For Your Blog
- When to Contact Your Student Loan Servicer – Sometimes borrowers need to be proactive about reaching out to their servicer
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
OF INTEREST (Not password protected)
FOR THE ACADEMIC SET (Not password protected)
DEBT AND THE ECONOMY (Not password protected)
US HEALTH CARE (Not password protected)
FOR YOUR HEALTH (Not password protected)
November 26, 2018
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Archives |
And much much more . . .

Critical Case Comment

Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5

Passing of Bankruptcy Judge
Federal Bankruptcy Judge Hon. Laurel E. Babero Dies in Courthouse
From Our Friends at Credit Slips
Congratulations to Former Slipster and (Congresswoman-Elect) Porter!



Student Loan Chronicles

Sanctions and Irony and Fraud, Oh My!
November 19, 2018
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Archives |

Electronic Filing Comes of Age – Part II: Revised Bankruptcy Rule 8011 and Civil Rule 5

Federally Funded Slaving

Congratulations Judge Kornreich

From the IRS
Tax Reform Affects If and How Taxpayers Itemize Deductions
The tax reform law made the following changes to itemized deductions that can be claimed on Schedule A for 2018:
- Limit on overall itemized deductions suspended
- Deduction for state and local income, sales and property taxes modified
- New dollar limit on total qualified residence loan balance
- Deduction for home equity interest modified
- Limit for charitable contributions modified
- Deduction for casualty and theft losses modified
- Miscellaneous itemized deductions suspended

Vocabulary Word of the Week
“Overbiffing” is the Latest Outrage in Debt Collection

From the National Consumer Bankruptcy Rights Center

For Your Blog
How to Outlast a Job You Hate Until You Can Retire
November 12, 2018
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Archives |

Electronic Filing Comes of Age – Part I: Revised Bankruptcy Rule 5005

A Few Supreme Court Bankruptcy Decisions That May Be Helpful To Know By Name – Part 2 of 2

From the National Consumer Bankruptcy Rights Center
November 5, 2018
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Archives |

A Few Supreme Court Bankruptcy Decisions That May Be Helpful To Know By Name – Part 1 of 2

From the Editor
This week Judge Brown looks at three distinct cases. One each on turnover, valuation, and postpetititon debt:

Passing of Long Time Nashville Attorney

There’s Always a Car

For Your Blog

Student Loan Chronicles
- FTC Accuses SoFi of Lying about Loan Savings in Misleading Ads – Online lender allegedly overinflated savings claims on student loan refinances

Sanctions and Irony and Fraud, Oh My!
- Federal Jury Convicts Woman For Running $1 Million Car Loan Scheme – Kimberlie Flemings and co-conspirators defrauded 15 credit unions and three banks.
October 29, 2018
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Archives |

Post-Confirmation Property & Income Changes

From the Editor
This week’s cases from The Academy Editor look at claims and the Fair Debt Collection Practices Act.

From the Courts
Tuesday, Oct. 30 Livestream Hearing: Proposed Changes to Judicial Conduct Code and Rules
Click here for more information
Click here for Executive Summary

From the National Consumer Bankruptcy Rights Center

For Your Blog

Student Loan Chronicles

October 22, 2018
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Archives |

Tragic Passing of Southern Gentleman

December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1
Absent contrary Congressional action, this December will see amendments to 16 bankruptcy rules, as well as a new rule and Appendix in Part VIII. Some of these changes will be of more interest to the Chapter 13 community than others. Larry Ahern’s analyses start this week with amended Rule 3002.1.Looking ahead, before the effective date he will analyze amended Rule 5005 – imposing new, mandatory electronic-filing rules – in another article for the Academy.

From the Editor
After a brief absence, Judge Brown is back with his case synopsis. This week he looks at discharge in three Chapter 13 cases.

More Tragedy Hits Bankruptcy World

From Our Friends at Credit Slips
CFPB “Abusive” Rulemaking?

For Your Blog

Student Loan Chronicles
- Public Service Loan Forgiveness Is Looking Pretty Bleak, But Maybe You Don’t Need To Worry – The approval rate can’t remain at 1 percent forever… can it?

Sanctions and Irony and Fraud, Oh My!
October 15, 2018
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Archives |

Circuit Split???
Is a Finding of Contempt Precluded by a “Good Faith” but Unreasonable Belief that an Action Does Not Violate the Discharge Injunction?

Critical Case Comment

From the IRS
New 100% Depreciation Deduction Benefits Business Taxpayers

Artificial Intelligence is Here
AI-Based Credit Scores Will Soon Give One Billion People Access to Banking Services

For Your Blog
- Stanford Analyzed 292 Retirement Strategies – Here’s What Its Experts Determined Is Best


Sanctions and Irony and Fraud, Oh My!
October 8, 2018
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Archives |

Dismiss Absent a Hearing? Not so Fast

Civil vs. Criminal Standard of Proof
Court explores evidence of willful intent under 11 U.S.C. § 523(a)(1)(B) and finds debtor innocent based on civil standard of proof. Taxes discharged.
Interested in more on discharging taxes? Check out Morgan King’s Tax Practice Library Plus. Includes The 3-Volume Tax Practice Library; The 7.5 hr. Tax Discharge Recorded Webinar; and one hour of consultation with Morgan King

IRS Issues Guidance on Changes to Business Expense Deductions for Meals, Entertainment

The Supreme Court

From the National Consumer Bankruptcy Rights Center
- Debtor Wins Battle of the Code Sections: Exemption vs Set-Off

In Congress
ABA Supports Chapter 7 Bankruptcy Changes
Click here for the text of H. R. 3553Click here for Testimony of Ariane Holtschlag for ABI Commission Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law House Committee on the Judiciary

Farmers in the News
Drought-Stricken Farmers/Ranchers Have More Time to Replace Livestock
Farmers/ranchers forced to sell livestock due to drought may get extra time to replace the livestock and defer tax on any gains from the forced sales.
See also: In Debt and Out of Options, Thousands of Dairy Farmers Turn to GoFundMe for Bailout

For Your Blog
- Mark Cuban: ‘If you use a credit card, you don’t want to be rich’

Student Loan Chronicles
- Debt Collection May Change for Student Loan Borrowers – U.S. Department of Education plans to rework how debt collection agencies interact with borrowers
- Unpaid Student Loan Debt Threatens Readers’ Wages – More than a third of federal student loan borrowers age 65 and older are in default, one report found.
October 1, 2018
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Archives |

Ask Ms. Ps & Qs
This case involves someone who lacks imagination when it comes to cursing (or, as we Texans say, cussin’). . . . the attorney was looking a seventh (!) sanction in the eye for telling one of her associates that her litigation strategy was to eff someone and give him “an [effing] hard time.”Note: Don’t miss Endnote #4!

Critical Case Comment

In Congress
ABA Supports Chapter 7 Bankruptcy Changes
Click here for the text of H. R. 3553
Click here for Testimony of Ariane Holtschlag for ABI Commission Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law House Committee on the Judiciary

There’s Always a Car

Farmers in the News

Sanctions and Irony and Fraud, Oh My!
- U.S. Trustee Program Reaches $5 Million Settlement with Citibank to Protect Debtors in Bankruptcy – Settlement Addresses Robo-Signing in Tens of Thousands of Bankruptcy Cases

Student Loan Chronicles
- Help or Hardship? – Income-Driven Repayment in Student-Loan Bankruptcies
- There’s Supposed to Be a Student Loan Forgiveness Program for Public Servants – So Far, It’s Rejected Almost Every Applicant
September 24, 2018
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Archives |

Making Amends in Chapter 13: Why Davis Should Cause You to Take Action

What is Feasibility and Why does it Matter?

In Congress
- New Bill Would Finally Tear Down Federal Judiciary’s Ridiculous Paywall – A Republican member of Congress wants free public access to judicial records.

From the Courts
Proposed Amendments Published for Public Comment
- Bankruptcy Rules 2002, 2004, 8012
- Comment period closes February 15, 2019

Military Matters
Combat-Injured Disabled Veterans May Be Due Refund

American Farmers Are in Crisis

For Your Blog

Sanctions and Irony and Fraud, Oh My!
- Cyber Crooks Try to Divert Direct-Deposit Paychecks into Their Accounts – According to the latest alert from the FBI, cyber criminals have been targeting online payroll accounts at school districts, universities, hospitals and commercial airway transportation.

Student Loan Chronicles
- What the Proposed Borrower Defense Rules Mean – The Trump administration is trying to delay an Obama-era policy meant to boost protections for defrauded students.
September 17, 2018
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Archives |

Section 522(f) Avoidance of Liens on Co-Owned Property

Is There a Light in the Farm Economy?
- Mark your calendar now for the Chapter 12 Conference July 15 and 16, 2019 in Indianapolis

Judge Issues
- Third Circuit Begins Search for Temp Judges on Del. Bankruptcy Court – The U.S. Court of Appeals for the Third Circuit has begun its search for two temporary bankruptcy judges in Delaware, nearly 10 months after Congress passed legislation to provide reinforcement for one of the busiest bankruptcy courts in the nation.

For the Academic Set
U.S. Banking De-Regulation, Financial Engineering, and Bankruptcy Reform: How Banks Took Control over Consumer Insolvency Law

From the Courts
- Bankruptcy Court Miscellaneous Fee Schedule Effective September 1st
- BAPCPA Report – 2017 Report of Statistics Required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

From the IRS
IRS Urges Taxpayers to Prepare for Natural Disasters
From Our Friends at Credit Slips

From the National Consumer Bankruptcy Rights Center
- Court Puts Trustee Fees Under the Microscope (Chpt 7 case)

For Your Blog
Retirees: Avoid Surprise Tax Bill Do Paycheck Checkup ASAP

Sanctions and Irony and Fraud, Oh My!
- A Year Later, Equifax Lost Your Data but Faced Little Fallout – Equifax is financially stable and legally in the clear, but lawmakers aren’t backing down.

September 10, 2018
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Archives |

Critical Case Comment

Factoring in Valuation – Consumer Cases that Impact Business Cases

Supreme Court Fellows Set to Begin New Term
- Two of four Fellows are from the bankruptcy world
- Congratulations Ms. Willie and Ms. Jones

From the Courts
- Bankruptcy Court Miscellaneous Fee Schedule Effective September 1st
- BAPCPA Report – 2017 Report of Statistics Required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Bankruptcy is Often a Gambler’s Only Sure Bet

Federal Judges Mourn Passing of Retired Bankruptcy
From Our Friends at Credit Slips

From the National Consumer Bankruptcy Rights Center



Sanctions and Irony and Fraud, Oh My!
Know what to do if this happens to you or your client:
September 3, 2018
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Archives |

UpRight Not Right in East Tennessee

From the National Consumer Bankruptcy Rights Center

Forgive Us Our Debts

From the IRS
IRS to Introduce New Tax Transcript to Better Protect Taxpayer Data

For Your Blog
Taxpayers Should Be Prepared for Natural Disasters
August 27, 2018
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Archives |

Notice: Pitfalls and Perils of Rule 7004(h)
See also: Don’t Skimp on Service When Your Client’s House Is on the Line

Position Postings
Location: Reading, PA
Term Law Clerk to U.S. Bankruptcy Judge Arthur I. Harris
Location: Cleveland, Ohio

Are You Throwing Your Bankruptcy Client to the Predators?

From Our Friends at Credit Slips

Attention Trustees/Office Managers
NACTT Miami – Staff Track DVDs Now Available
(Ships within 24 hours)
Training Includes
- Understanding Business Entities and the Self-Employed Debtor
- National Data Center Training
- Acing the Annual Audit
- Mortgage Claims Issues

From the IRS
IRS to Introduce New Tax Transcript to Better Protect Taxpayer Data

Student Loan Chronicles

For Your Blog

Sanctions and Irony and Fraud, Oh My!
- US v. VALDÉS-AYALA – For at least eight years, Defendant, who was not an attorney, exploited desperation of individuals behind on court-ordered child support payments by assisting them in filing ‘skeleton’ petitions.

Critical Case Comment DON’T WANT TO MISS
“Judge Dees has prevented the payment of the claim even though no one sought to disallow the claim or challenge the payments.”
Scroll to the very bottom of the page for an important comment and to add your own comments.

August 20, 2018
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Archives |

Critical Case Comment
“Judge Dees has prevented the payment of the claim even though no one sought to disallow the claim or challenge the payments.”

Are You Throwing Your Bankruptcy Client to the Predators?
Trustee Passes Away
Standing Chapter 13 Trustee William C. Miller has been appointed interim trustee of the division until a replacement can be appointed.
Applications are being accepted until the end of this month.

NACTT Miami – Staff Track DVDs Now Available
(Ships within 24 hours)
Training Includes
- Understanding Business Entities and the Self-Employed Debtor
- National Data Center Training
- Acing the Annual Audit
- Mortgage Claims Issues

Passing of Jim Batchelor

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2

On the CFPB
CFPB Settles with Defendants in Hydra Group Payday Lending Case

For Your Blog

Sanctions and Irony and Fraud, Oh My!
- Fil-Am Lawyer Pleads ‘Not Guilty’ to Attempted Murder of Ex-Clients (Has Chapter 13 lawyer income really sunk this low? . . . Oh My indeed!! . . . Now, the rest of the story . . . (on good authority but not verified, Academy staff was told that the victims had been in a Chapter 13 which was dismissed. Their attorney (Paul Mendoza Allen) went to their home to demand the balance of his fees. When they said they had no money, he shot them, then tried to flee.)

Ask Ms. Ps & Qs


August 13, 2018
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Archives |

Ask Ms. Ps & Qs
I just finished reading a disgorgement . . . Although D’Arata is a chapter 7 case, you might be interested in the Court’s take on appearance counsel.

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 2 of 2

New Study
Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society
See also:
- Older Americans’ Rising Bankruptcy Filings
- ‘Too Little Too Late’: Bankruptcy Booms Among Older Americans
- Growing Number of Americans Over 65 Filing for Bankruptcy Just to Get By, and It Could Signal a Larger Problem in US
- Baby Boomers in Bankruptcy
- Retirees Struggle to Locate Billions in Lost Pensions

For Your Blog

Sanctions and Irony and Fraud, Oh My!

Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes

August 6, 2018
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Archives |

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1 – Part 1 of 2
In Part II, he will review four recent decisions that illustrate the strictness of the rules governing naming of debtors on UCC-1s.
Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes


From the IRS
IRS Offers Guidance on Recent 529 Education Savings Plan Changes


Student Loan Chronicles

Sanctions and Irony and Fraud, Oh My!

Critical Case Comment
July 30, 2018
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Archives |

Critical Case Comment

From the Courts





Sanctions and Irony and Fraud, Oh My!

Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans

Without any public scrutiny, insurers and data brokers are predicting your health costs based on data about things like race, marital status, how much TV you watch, whether you pay your bills on time or even buy plus-size clothing.
July 23, 2018
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Archives |
WINNER: Cawthon Custer of Albany and Columbus, Georgia, is the NACTT 2018 conference winner of a one-year free subscription to ConsiderChapter13.org
Congratulations Cawthon Custer!!!

Who Gets Paid When? A Short Primer on the Order of Distribution in the Era of National and Local Plans

Rule 3002.1 and the Tangled Web of HOA Assessments

From the IRS
Here’s How the IRS Contacts Taxpayers

Retired Bankruptcy Judge Passes Away


From Our Friends at Credit Clips

Sanctions and Irony and Fraud, Oh My!

Critical Case Comment
July 16, 2018
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Archives |

Critical Case Comment

From the Ninth Circuit Court of Appeals
“The panel reversed the district court’s decision affirming the bankruptcy court’s summary judgment in favor of a condominium association, which sought in an adversary proceeding to determine the dischargeability of a debtor’s personal obligation to pay condominium association assessments that accrued between the date the debtor filed her Chapter 13 bankruptcy petition and the date the condominium unit was foreclosed upon.”
See also: Post-Petition Condo Fees Dischargeable

From the IRS
Veterans Owed Refunds for Overpayments Attributable to Disability Severance Payments Should File Amended Returns to Claim Tax Refunds
- $1,750 for tax years 1991 – 2005
- $2,400 for tax years 2006 – 2010
- $3,200 for tax years 2011 – 2016

District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?
This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.

On the CFPB
- CFPB Acting Director Mulvaney announced he has selected Brian Johnson, who currently serves as Principal Policy Director at the Bureau, to assume the responsibilities of Acting Deputy Director. “Brian Johnson is the first person I hired at the Bureau and has been an indispensable advisor,” said Acting Director Mulvaney. “Brian knows the Bureau like the back of his hand. He approaches his role as a public servant with humility and unsurpassed dedication. His steady character, work ethic, and commitment to free markets and consumer choice make him exactly what our country needs at this agency.”

NACTT Miami – Evaluation Time
Mark Your Calendar NOW – NACTT 2019 Indianapolis – July 17-19 – Yep, WEDNESDAY – FRIDAY (Pre-mtgs will be on Tuesday the 16th)


From Our Friends at Credit Clips

Sanctions and Irony and Fraud, Oh My!

Permitted Changes to Official Bankruptcy Forms
See also: Director’s Forms and Their Use by Phil Lamos

July 9, 2018
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Archives |

The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part IV Bankruptcy Court Interpretations
Click here for Part I
Click here for Part II
Click here for Part III

District Authority to Opt Out of the “National” Chapter 13 Plan: Does Your Local Plan Improperly Restrict Plan Provisions?
This week, Mr. Ahern follows that series with an issue that tests the interplay of the national rules with local practice, rules, and judicial rulings.

Permitted Changes to Official Bankruptcy Forms
See also: Director’s Forms and Their Use by Phil Lamos

NACTT Miami – Evaluation Time
Mark Your Calendar NOW – NACTT 2019 Indianapolis – July 17-19 – Yep, WEDNESDAY – FRIDAY (Pre-mtgs will be on Tuesday the 16th)

From the Courts – Retirements

For Your Blog
- The 130 Best Military Discounts in 2018 – Active-duty service members, veterans, and retirees can save big by asking about deals and freebies.

From Our Friends at Credit Clips

Student Loan Chronicles
- Sixth Circuit Opinion: Follow Brunner until the Circuit Court decides to use a different standard
- Off the Salary Battlefield, Public Sector Struggles with Retention, Student Debt – As Big Law races to pay young lawyers ever-higher starting salaries, the public sector is struggling to pay enough to lawyers burdened by student debt.

July 2, 2018
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Archives |

Due to the NACTT Annual Conference, this week’s update will be brief and primarily a ‘Greatest Hits’ edition.

Impact of Supreme Court’s Decision on § 523(a)(2)(B)

Not Born in the USA? The Perils of Bankruptcy Filings by Undocumented Persons

Sanctions and Irony and Fraud, Oh My!
From Our Friends at Credit Slips

June 25, 2018
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Archives |

The FDCPA and Bankruptcy One Year After Midland v. Johnson, Part III Does the Bankruptcy Code Implicitly Repeal the FDCPA?
for Part I
Click here for Part II

Impact of Supreme Court’s Decision on § 523(a)(2)(B)

The Real Truth About Communication Between Bankruptcy Lawyers & Clients

Sanctions and Irony and Fraud, Oh My!

Student Loan Chronicles
June 18, 2018
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Archives |

FDCPA and Bankruptcy: One Year After Midland v. Johnson Part II

The Death of MFDRA


Credit Cards in the News
- Americans Just Paid Off a Ton of Credit-Card Debt – But here’s the bad news

Sanctions and Irony and Fraud, Oh My!
- Paralegal Embezzled $900,000 From Connecticut Firm and Attorney, According to Prosecutors
- See also: Ask Ms. Ps & Qs May 13th, 2018
- $280M Settlement Reached with Ezra Merkin in Madoff Case – Nearly $13 billion, or 74 percent of the estimated $17.5 billion invested in Bernard Madoff’s Ponzi scheme, has been recovered, one official said.
- Debt Collector Accused of Scamming Credit Unions Loses Appeal – Charles V. Stanley remains in jail after allegedly committing more debt collection crimes while out on bail.

For Your Blog
- Worried About Cuts to Social Security? Here’s the bible on navigating this retirement benefit.

Student Loan Chronicles

From Our Friends at Credit Slips on the CFPB

On the CFPB
June 11, 2018
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Archives |

FDCPA and Bankruptcy: One Year After Midland v. Johnson
“Now, one year after Midland v. Johnson, this multi-part article will seek an understanding of what that decision tells us about the future of FDCPA litigation in bankruptcy cases.”

Social Security and Chapter 13 – Can’t We All Just Get Along?

When Does the Statute of Limitations Commence


Sanctions and Irony and Fraud, Oh My!
- SoCal Lawyer Facing Fraud Case Sentencing Files for Bankruptcy – Bruce Haglund, awaiting sentencing on charges that he helped perpetrate a $5 million Ponzi scheme, filed for Chapter 7

Student Loan Chronicles
- Court Considers Questions on Loan Forgiveness for Defrauded Students – Student borrowers argue the education secretary must follow previous policy to grant full loan relief to former Corinthian Colleges students.
- Student Loan Debt Just Hit $1.5 Trillion – Women hold most of it
- Financial Aid Letters Often Hide Real Cost of College – See if you can decipher these actual letters.
- Women Have $890 Billion in Student Loan Debt – Country’s Biggest Share

From SCOTUS
June 4, 2018
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Archives |

The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections, Revisited: Lee v. Field

Click here for We Don’t Need No Stinkin’ Objections Part 2

Warning: The “Grant Scam” Is Real

From the IRS
Law Change Affects Moving, Mileage and Travel Expenses; Higher Depreciation Limits
- No deduction for moving expenses
- No miscellaneous deductions for un-reimbursed employee expenses (uniforms, union dues and the deduction for business-related meals, entertainment and travel)
- 54.5 cents for every mile of business travel driven, a 1 cent increase from 2017
- 18 cents per mile driven for medical purposes, a 1 cent increase from 2017
- 14 cents per mile driven in service of charitable organizations, which is set by statute and remains unchanged
- Depreciation maximum standard automobile cost may not exceed $50,000 for passenger automobiles, trucks and vans placed in service after Dec. 31, 2017. Previously, the maximum standard automobile cost was $27,300 for passenger automobiles and $31,000 for trucks and vans

From Our Friends at Credit Slips
OCC Payday Lending Bulletin


Student Loan Chronicles

There’s Always a Car
$523 Monthly Payment is New Standard for Car Buyers

Malware is Bad


More Criminalization of Private Debt
May 28, 2018
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Archives |
In memory of the men and women who gave their lives for our Country, there will be no weekly update.
If you are looking for something to read, we recommend scrolling back through previous updates (below) and catch up on anything you might have missed.
Some suggestions include:
- The Gig Economy – Classifying Independent Contractors
- IRS Caught Double Dipping
- Crushing Tax Change For Injured Consumers
- We Don’t Need No Stinkin’ Objections
- We Don’t Need No Stinkin’ Objections Part 2 of 2
- Critical Case Comment – An attorney violates § 526(a)(4) if the attorney instructs a client to pay the bankruptcy related legal fees using a credit card.“It is without question that the complexities of the bankruptcy system . . .requires some sophistication and, . . . the assistance of a professional. To preclude any realistic way to pay these fees and costs is ridiculous.”
May 21, 2018
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Archives |

Critical Case Comment

From the Editor
- Dismissal – Employer’s housing loan was not consumer debt for purposes of § 707b)(1)
- Reopening Closed Case – Cause did not exist to reopen case to allow extension to file certificate of financial management course
- Trustee’s Attorney Fees – Fees properly denied for services not necessary to case administration

From the IRS
Tax Reform: Changes to Depreciation Affect Businesses Now

From Our Friends at Credit Slips
Illegal Repo Practices

Sanctions and Irony and Fraud, Oh My!
- Tom Petters Trustee Alleges Bogus Multimillion Dollar Claim – Bankruptcy judge will decide if the claim of up to $100 million is valid


From the National Consumer Bankruptcy Rights Center
May 14, 2018
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Archives |

Ask Ms. Ps & Qs

The Gig Economy – Classifying Independent Contractors

PHH Gives Up Challenge to CFPB Constitutionality – Will not pursue case to Supreme Court

Student Loan Chronicles
- Alexandrov & Jiménez Article Finds 2005 Bankruptcy Reforms “Failed Miserably” to Help Students
- Click here for study
- Student Debt Just Hit $1.5 Trillion – It stood at about $600 billion 10 years ago
- Federal Student Loans Are About to Get More Expensive – What you need to know
- The Truth About Student Loan Bankruptcy Discharge – It can be difficult to discharge a student loan by declaring bankruptcy, but it’s not impossible.


From the National Consumer Bankruptcy Rights Center

For Your Blog
- Tips for Taxpayers Who Missed the April Filing Deadline – Great, quick tips to assist your clients who have procrastinated and are now scared to file their return
May 7, 2018
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Archives |

Should the Stay Stay or Should It Go: Successive Filings and the Termination of the Automatic Stay


Recent Developments in Chapter 12: Summary of December 1, 2017 Rules Changes – Part 2

Meet the New GA Judge

Sanctions and Irony and Fraud, Oh My!
Retired U.S. Bankruptcy Judge Dies in Little Rock at 80

For Your Blog

From the U.S. Courts
April 30, 2018
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Archives |

Critical Case Comment

Student Loans and Chapter 13 – Federal Student Loan Debt in Bankruptcy: Recent Movement Towards Income-Driven Repayment Plans in Chapter 13

Sanctions and Irony and Fraud, Oh My! A Feature Article
It’s NOT Your Money

Disbarment and Back: Attorney James Brewer’s Road From Despair

For Your Blog
IRS Warns of New Twist on Phone Scam


April 23, 2018
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Archives |

Ask Ms. Ps & Qs

Sanctions and Irony and Fraud, Oh My! A Feature Article
It Makes No Sense to Act Ugly to the People Charged with Your Safety
Click here for Memorandum Opinion

SCOTUS Blog
Argument Analysis: When Neither Baseball Nor Vermeer Analogies Persuade Court
“This case is about whether a debtor’s false statement about a single asset can be a statement ‘respecting the debtor’s … financial condition.’”

From mediatbankry.com
Appeal Deadline in Consolidated Bankruptcy Cases: Supreme Court Adopts Minority View (Hall v. Hall)


From Our Friends at NCBRC


Credit Cards and Signatures
A continuation of last week’s links regarding signatures . . . From our friends at Credit Slips . . .

April 16, 2018
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Critical Case Comment

Recent Developments in Chapter 12: Summary of December 1, 2017 Rules Changes – Part I

From the IRS
Combat Zone Tax Benefits Now Available to Armed Forces Members Who Served in the Sinai Peninsula; IRS Accepting Retroactive Tax Refund Claims Back to 2015

From the Supreme Court

Sanctions and Irony and Fraud, Oh My!
- Bernie Madoff’s Beachfront Mansion Is Selling for $21 Million– Currently owned by Vornado chairman Steven Roth

From Our Friends at NCBRC

Credit Cards and Signatures

For Your Blog


April 9, 2018
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Don’t Skimp on Service When Your Client’s House Is on the Line

Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 3 of 3
Click here for Part 2 of 3New This Week: ProPublica’s ‘Too Broke for Bankruptcy’ Wins ASNE Award – The series showed that the bankruptcy system routinely fails those it is meant to aid.

There’s Always a Car
- The 0% Auto Loan Era Is Fading into America’s Rearview Mirror – Average rate has risen to highest since 2009, Edmunds says

Sanctions and Irony and Fraud, Oh My!

From Our Friends at NCBRC

From the CFPB
- Mortgage Servicing FAQs – The questions and answers pertain to compliance with Regulation X and Regulation Z, effective April 19, 2018.

Student Loan Chronicles
- How You Can Requalify for Public Service Loan Forgiveness – Student loan borrowers may have another shot at loan forgiveness thanks to a new law.

For Your Blog
- Midlife ‘Wealth Shock’ May Lead To Death, Study Suggests – Big financial loss may shorten your life, study suggests

April 2, 2018
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IRS Claims in Cases Converted from Chapter 7 to Chapter 13 – Technically Not Allowed? (Spoiler: They Are Allowed)

Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 2 of 3

Sanctions and Irony and Fraud, Oh My!
- Portland-Area Man Wins Reported Seven-Figure Whistleblower Settlement from Wells Fargo Formerly enslaved by the Khmer Rouge, Duke Tran lived the American dream until a big bank fired him.
- Personal Injury Attorney Reprimanded for Punching Man in Face (not bankruptcy related but a great headline)
- Lawyer Sanctioned $50K For Alleged ‘Inappropriate Diatribes’ And ‘Unhinged Attack’ On Expert (not bankruptcy related)

From the CFPB
- Mortgage Servicing FAQs – The questions and answers pertain to compliance with Regulation X and Regulation Z, effective April 19, 2018.
- RFIs – Each week since the end of January, the CFPB has (and will continue to) issued RFIs (Request for Information). ConsiderChapter13.org has not spotlighted these RFIs; however, if you are interested click here and scroll down for a listing of the RFI’s.

Student Loan Chronicles
- (This one is important) Consumer Bankruptcy Committee Issues Observations and Recommendations Re: Student Loans

For Your Blog
- Step-by-Step Instructions for Using the IRS Withholding Calculator – The IRS encourages everyone to use the Withholding Calculator to perform a quick “paycheck checkup.” This is even more important this year because of recent tax law changes.

March 26, 2018
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Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 1 of 3
Back in September, ProPublica published two articles discussing racial patterns in bankruptcy filings. Their analysis considered statistics from across the country, but they focused on one judicial district in particular: the Western District of Tennessee. In this three part series, Law Clerk Ricky Hutchens examines, point by point, the reporters conclusions.
“Beyond all the legal and strategic reasons to choose Chapter 13 over Chapter 7, there is the debtor himself. Debtors are, after all, people.”

Crushing Tax Change For Injured Consumers
(Used with permission, originally published by BankruptcyMastery.com 2018)
“ . . . the vast bulk of all other legal recoveries ARE taxable under IRS Section 104. However, in the past, one could deduct the costs to obtain the award under the miscellaneous expense deduction.” But no more.


From Our Friends at Credit Slips
- Stormy Daniel’s Three-Way (Contract) & Donald Trump’s Performance Problem (Sorry folks, couldn’t resist this title)

Varying Views of the Same Issue
- How Often Do Medical Problems Lead to Bankruptcy? Poor health is a less common cause of bankruptcy than commonly thought, but it brings other economic woes, study finds.
- Getting Sick Can Be Really Expensive, Even for the Insured – Beyond medical costs, a trip to the hospital can mean a permanent reduction in income for many Americans, new research shows
- February 2018 Study: American Economic Association: The Economic Consequences of Hospital Admissions
- June 2017 Study: The Economic Consequences of Hospital Admissions


Student Loan Chronicles
- (This one is important) Consumer Bankruptcy Committee Issues Observations and Recommendations Re: Student Loans

March 19, 2018
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Section 105 and Lack of Good Faith


CFPB Issues Final Rule Amendment Regarding Timing for Transition to Modified or Unmodified Periodic Statements
Click here for Press Release (Not password protected)
Click here for Final Rule Effective Date April 19, 2018 (Not password protected)

From the Academy Archives
Planning for Attorney Disability or Death
Do you have a plan for your practice if you become disabled? What will happen to your clients if you suddenly pass away?
TAKE THE TIME NOW – MAKE A PLAN.

From the U.S. Courts
U.S. Bankruptcy Courts – Judicial Business 2017

Women’s History Month

From the U.S. Courts


Academy Members Inducted into American College of Bankruptcy – Congratulations to Judges Flatley and Waites


From the IRS

Student Loan Chronicles
- ‘Morally Suspect’ Way the Government Collects Student Loans – A tax credit aimed at helping working low and moderate-income Americans can be seized to repay defaulted student loans

Sanctions and Irony and Fraud, Oh My!
- Dance Moms Star Abby Lee Miller Set for Early Release from Prison… After Being Sentenced to a Year Behind Bars for Bankruptcy Fraud

For Your Blog

March 12, 2018
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The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections Part 2 of 2

From the CFPB
Click here for Press Release
Click here for Final Rule
Effective Date April 19, 2018

Credit Cards in the News

From the U.S. Courts
Just the Facts: Consumer Bankruptcy Filings, 2006-2017

From the NCLC
Appendix C is a State-By-State Summary of State Unfair and Deceptive Practices Statutes

How Chicago Ticket Debt Sends Black Motorists into Bankruptcy
- She Owed $102,158.40 in Unpaid Tickets, but She’s Not in the Story – Still, we want to tell you a little bit about her, and about some of the other people we interviewed, because they helped inform our ticket debt investigation.

From the Supreme Court

From the IRS
Updated Withholding Calculator, Form W-4 Released; Calculator Helps Taxpayers Review Withholding Following New Tax Law

Student Loan Chronicles

Sanctions and Irony and Fraud, Oh My!
- Wife of Mamtek’s Cole Shut Down by Judge Dow* During Court Hearing (*Judge Dow will be joining the esteemed list of speakers at the NACTT 2018 seminar in Miami!) REGISTER NOW


March 5, 2018
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IRS Caught Double Dipping

Special Counsel and Chapter 13 Bankruptcy


Mullins Retires

Life in the Sweatbox

Big News from the Department of Education on Student Loans
Responses must be received by May 22, 2018
Click here for Comment Portal



February 26, 2018
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The Law of Unintended Consequences
We Don’t Need No Stinkin’ Objections

How Different Are Millennials from Their Parents and Grandparents? TransUnion Report Decodes Millennials’ Financial Health

Register NOW FOR WEBINAR THIS WEDNESDAY
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.

Welcome New Judge

Vacant Judgeship

Big News from the Department of Education on Student Loans
Responses must be received by May 22, 2018
Click here for Comment Portal



For Your Blog
- New Budget Law Includes Last-Minute Tax Relief for Millions of Homeowners. . . on their 2017 tax returns.
“Potentially the most popular one is aimed at millions of people who pay mortgage-insurance premiums on conventional, FHA and VA loans. Roughly 4.1 million owners took write-offs averaging more than $1,500 during 2015 . . . Mortgage-insurance industry officials predict that at least that many will be able claim the benefit on their 2017 tax returns — provided they learn that the deduction has been revived for the year.” [emphasis added]


Debtors’ Prison is Back
- ACLU Just Proved Courts Are Being Manipulated by Private Debt Collectors – A damning new ACLU report uncovers how the private debt collection industry uses courts to do their dirty work (very good, concise summary)
- Some U.S. Borrowers Jailed Over Civil Debts, ACLU Report Shows (same issue as above, more detail)
- Click here to see the whole study: The Criminalization of Private Debt

Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

February 19, 2018
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Website Upgrade
*Some of you have very strict firewalls which do not allow individual computers to remember logins.
If you experience problems accessing the site or in viewing individual posts, please let us know.

Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

From the Editor
- Dismissal of Case – Debtor’s attorney’s failure to file timely appeal of dismissal was not excusable neglect
- Executory Contracts – Buy-sell agreement for stock was not executory contract
- Pawn and Tax Sale Redemption – Expiration of time for redemption did not prevent treatment of taxes in plan

Register NOW for the Academy’s Next Free Webinar
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.


Webinar Recording Now Available
The Current Loan Modification Arena

Need Help With Loan Modifications?


For Your Blog

Sanctions and Irony and Fraud, Oh My!
- (Same case as above) Upright Law, ‘Partners’ Sanctioned for Unauthorized Law Practice

Student Loan Chronicles
- Inside One State’s Effort to Help Borrowers Erase Student Debt in Bankruptcy – Through a program championed by the AG, the Massachusetts Bar Association is matching borrowers with pro bono lawyers

Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?

February 12, 2018
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Critical Case Comment

Do Voluntary Retirement Contributions Made During a Chapter 13 Constitute Disposable Income?

Register NOW for the Academy’s Next Free Webinar
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.

Bitcoins . . . STILL
- Bitcoin Above $8,000 After Regulators Spare Toughest Reprisals
- See also Bitcoins and Bankruptcy By Phil Lamosfor the definition of bitcoin

Webinar Recording Now Available
The Current Loan Modification Arena

Need Help With Loan Modifications?


Did You Know?
- Here’s Exactly How Much Credit-Card and Student Debt Makes You Undateable – There appears to be a tipping point where debt and singledom go hand-in-hand

For Your Blog
- Ask Brianna: What If I Really, Really Need My Tax Refund? (Excellent article reiterating everything you want your clients to do!)

Sanctions and Irony and Fraud, Oh My!


Forced Vesting – Take It. Please.
- No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts (Sagendorph from 2/2017)
- From the Editor – Surrender and Vesting (Zair from 10/2016)
- Vesting Property in Disinclined Creditors (Sagendorph from 8/2015)
February 5, 2018
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Stay It Isn’t So! Is the Automatic Stay Eroding in the Tenth Circuit?

Forced Vesting – Take It. Please.
“The debtors soon realize the lienholders are never going to start the foreclosure proceedings.”Other Academy resources on vesting:
- No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts (Sagendorph from 2/2017)
- From the Editor – Surrender and Vesting (Zair from 10/2016)
- Vesting Property in Disinclined Creditors (Sagendorph from 8/2015)

Register NOW for the Academy’s Next Free Webinar
When: Wednesday, February 28, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Mary K. Viegelahn, Trustee will moderate a discussion with Debbie Langehennig, Trustee and Todd Malaise, Debtors’ Attorney on the issue involving excess disposable income beyond the amount necessary to pay all creditors in full and how far can a court go to place conditions on confirmation of a plan, including a discussion on how other courts have ruled on this issue.

From the IRS
How Taxpayers Across the Country Can Have their Taxes Prepared for Free
Millions get their taxes done free through two programs sponsored by the IRS. These help people with lower and moderate incomes:
- The Volunteer Income Tax Assistance: This program is also known as VITA. It offers free tax return preparation to eligible taxpayers who generally earn $54,000 or less.
- Tax Counseling for the Elderly: TCE is mainly for people age 60 or older, but offers service to all taxpayers. The program focuses on tax issues unique to seniors. AARP participates in the TCE program through AARP Tax-Aide.

From the NCLC on the CFPB
A Letter from Rich Dubois, Executive Director, NCLC

Webinar Recording Now Available
The Current Loan Modification Arena

From the IRS
Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February
Did You Know?
(Now available (on various terms) in about half of the courts.)

For Your Blog


Student Loan Chronicles
- Understand Discharge Rates for Defrauded Borrowers – Thousands are submitting borrower defense discharge claims, but only a fraction are seeing any relief.

Separate Classification and Unfair Discrimination – Co-obligors Debts

January 29, 2018
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Separate Classification and Unfair Discrimination – Co-obligors Debts

From the Editor – Claims

Register NOW for the First Free Academy Webinar of 2018
When: Wednesday, January 31, 2018 – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific
Description: Attorney Brent Meyer will moderate a one-hour discussion on new and existing loan modification programs. Experts Robert Branson and Tammy Branson will update attendees on options available to clients . . . and there ARE options. This is a moderate to advanced level webinar directed primarily to attorneys who represent debtors.


Farmers in Crisis
- Western Wisconsin Led Nation In Farm Bankruptcies In 2017 – Ag Experts Say Low Commodity Prices, High Land Costs Have Farmers Feeling More Financial Stress

From the IRS
Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February


Sanctions and Irony and Fraud, Oh My!


“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!

January 22, 2018
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Was It a Return?

“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!


From the CFPB
- Three Things Companies Hate About the CFPB’s Investigative Demands – CFPB will start soliciting comments on a host of matters—including enforcement, supervision and rule-making.

From the IRS
Updated 2018 Withholding Tables Now Available; Taxpayers Could See Paycheck Changes by February

Finally, Some Good News. Well, for the Consumer Bankruptcy Industry

Sanctions and Irony and Fraud, Oh My!
- British Bankruptcy Kerfuffle . . .BBC Investigation Exposes High-Living Debtors Exploiting Weaknesses in Bankruptcy System

FAR BEYOND Sanctions and Irony and Fraud, Oh My!

Critical Case Comment


January 15, 2018
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Critical Case Comment

From the Editor – Automatic Stay

CLOSE TO HOME Sanctions and Irony and Fraud, Oh My!
Counterfeit Check Cashing Scheme Lands Newark Man in Jail for 6 Years

From the Supreme Court
A Stern Warning from the Supreme Court . . .



From the IRS EXTRA
New Mailing Address for Forms 8809 — Faxes No Longer Accepted
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0209
The IRS will only grant extensions for very specific reasons. For example, records were lost in a disaster or someone responsible for filing the company’s returns has an unavoidable absence.

From the National Consumer Law Center
Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Finally, Some Good News. Well, for the Consumer Bankruptcy Industry

Student Loan Chronicles
- Student Loan Crisis Could Be Worse Than Originally Thought – Nearly 40% of those who entered in 2004 could default by 2023 (2023 sounds like a LONG time off . . . um, it’s only FIVE years)

Sanctions and Irony and Fraud, Oh My!
- Aspen Homeowner Sentenced to 16-Yr Prison Sentence for Predatory Lending Scheme – U.S. District Judge Kevin Castel also sentenced co-defendant Timothy Muir, an attorney, to 7 years in prison

A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

- Medical experts are bracing for one of the worst flu seasons in history.
- The main flu strain for 2017-18 is known as the H3N2 virus, and it is more deadly than the swine flu.
- The flu is now widespread in about 46 states, reports the CDC.
January 8, 2018
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A Primer on Drafting Adversary Complaints, Counterclaims, Cross-Claims, and Third-Party Complaints

Why Can’t I Get My Chapter 13 Plan Confirmed? (Or Simple Keys on How I Can Satisfy the Trustee So I Can Get Paid)

In the Tech Department
- How to Protect Your PC Against the Major ‘Meltdown’ CPU Security Flaw – Everything we know so far

Credit Check Shake-Up
- US Considers Mortgage Credit Check Shake-Up – Critics complain current system is outdated and locks millions out of home ownership

For Your Blog
- Downside of Automatic 401(k) Savings: More Debt – New research finds employees auto-enrolled in retirement plans borrow more than they otherwise would have, offsetting savingsMessage to Clients: DON’T BORROW FROM YOUR 401(k)!

Student Loan Chronicles
- These Towns Will Help Pay Off Your Student Loan Debt If You Move There (May also be a good topic for your blog.)
- DeVos May Make It Harder for Students to Prove They Were Defrauded – Potential rule revisions from the Education Department would force students to meet a higher standard of evidence when seeking loan relief.

Sanctions and Irony and Fraud, Oh My!
- $119,000 Sanctions for Discharge Injunction Violations (Chapter 7 case)

Ask Ms. Ps & Qs



January 1, 2018
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Ask Ms. Ps & Qs

Sorry Folks, There is No “Riding Through” This Town!
“ . . . Faced with these equally undesirable alternatives, clever attorneys came up with a fourth option – the ‘ride through’. This alternative, not found anywhere in the Code, could be used where Debtor was not in default under the loan agreement.”
This is one you definitely want to read!

CFPB Releases Report on State of Credit Card Market

Regarding the Supreme Court

From Our Friends at Credit Slips


For Your Blog

Sanctions and Irony and Fraud, Oh My!
- How to Get Away with Bankruptcy Fraud – Los Angeles is the nation’s hub for bankruptcy crime. Scammers prey on struggling homeowners with little fear of getting caught, because criminal enforcement of bankruptcy laws is rare.
