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December 28, 2020
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Archives |
(G-o-o-d-b-y-e 2020!!)
Critical Case Comment
Chapter 13 – It’s Good To Have A Plan
Why Junk the Whole System When Minor Remedies Would Suffice?
Second Stimulus Bill
The 2nd “Stimulus Bill” was passed by both houses of Congress but not signed by the President. This Bill, if it becomes law, contains changes that affect consumer bankruptcy practice. We will be bringing you more on this in the weeks to come.
Another Piece of Legislation to Be Aware Of
S.4996 – Bankruptcy Administration Improvement Act of 2020
Diaz: Is it Really a Tax REFUND?
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If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.
Positions Open
Judgeship Positions
- New Notice: Eastern District of Michigan – Application due date 1/8/21
- Eastern District of Tennessee – Application due date 1/6/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Middle District of Georgia (Columbus) – Application due date 1/8/21
On the CFPB
Is Nunc Pro Tunc Really Sunk?
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December 21, 2020
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Archives |
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Happy Christmas and |
Is Nunc Pro Tunc Really Sunk?
Diaz: Is it Really a Tax Refund?
Chapter 13 – It’s Good To Have A Plan
Success/Benefits & Everything in Between
A Few of Our Favorite (Chapter 13) Things
Merry Christmas from our own Academy Secret Santa.This little ditty is designed to brighten your Holiday Season even in a “Chapter 10”, pandemic, fire and hurricane laden 2020.
“Paying the unsecureds fair distribution;
Based on an income and asset solution.
Offering a venue to litigate fairly
Those disputed debts you can pay only barely.”
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From the National Consumer Bankruptcy Rights Center
Debtor’s Post-Discharge Pre-Closure Motion to Convert Denied (Conversion from 7 to 13)
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
As you may recall, Judge Bonapfel has previously shared with ConsiderChapter13 readers, his detailed guide to Sub Chapter V.He has now edited/supplemented these materials. Click here for the entire Guide.
The supplemental materials are in Part XIV and is designed as a “pocket part.”
Parts I – XIII are unchanged from the July revision except for editorial revisions and corrections.
Positions Open
Judgeship Positions
- Eastern District of Tennessee – Application due date 1/6/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Middle District of Georgia (Columbus) – Application due date 1/8/21
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
Term Law Clerk NEW
- Western District of Tennessee
From the IRS
Small Businesses Should Make Sure to Use the Right Form When Filing Employment Tax Returns
Consumer Bankruptcy Reform Act of 2020 Introduced
“Many provisions of the proposed Act will be controversial, including merging the existing two chapters of relief into one new Chapter 10.”
See also other articles on this topic . . . if you are only going to read one, the Credit Slips article has the most thorough explanation of Chapter 10.
From Credit Slips: The Consumer Bankruptcy Reform Act of 2020
From Forbes: Democrats Propose Allowing Student Loans to Be Discharged in Bankruptcy
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December 14, 2020
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Archives |
| Happy Early Christmas – An entirely FREE update! |  |
The big news of the week . . .
Consumer Bankruptcy Reform Act of 2020 Introduced
“Many provisions of the proposed Act will be controversial, including merging the existing two chapters of relief into one new Chapter 10.”
See also other articles on this topic . . . if you are only going to read one, the Credit Slips article has the most thorough explanation of Chapter 10.
From Credit Slips: The Consumer Bankruptcy Reform Act of 2020
From Forbes: Democrats Propose Allowing Student Loans to Be Discharged in Bankruptcy
Ask Ms. Ps & Qs
How far does the attorney-client privilege go?Although this is a tax case, the attorney-client privilege aspect is an important one for bankruptcy attorneys to note.**************************************Ask Ms. Ps & Qs is normally a password protected, subscription item. We share this important item, free, as an example of what you are missing by not being a subscriber!
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If you are a solo practitioner or if the COVID slump in business has significantly impacted your bottom line, contact us for a discount.
Chapter 13 – It’s Good To Have A Plan
One Woman’s Opinion
Sub Chapter V
A Guide to the Small Business Reorganization Act of 2019
As you may recall, Judge Bonapfel has previously shared with ConsiderChapter13 readers, his detailed guide to Sub Chapter V.He has now edited/supplemented these materials. Click here for the entire Guide.The supplemental materials are in Part XIV and is designed as a “pocket part.”Parts I – XIII are unchanged from the July revision except for editorial revisions and corrections.
See also:
What Are Owners of Closely-Held Business to Do, When Subchapter V Is Not Available?
Positions Open
Judgeship Positions
- NEW Eastern District of Tennessee – Application due date 1/6/21
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
- Middle District of Georgia (Columbus) – Application due date 1/8/21
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
- Middle District of Pennsylvania – Application due date 12/18/20
For Your Blog
This is a good one . . .Looking for something a little different for your blog post?This short video from the CFPB is actually very informative and goes over the various options for homeowners who have received a forbearance. If the homeowner is not in Chapter 13, contacting their servicer or discussing their options with a HUD approved counselor is their best course of action. If the homeowner is in Chapter 13, they need to contact their attorney (you) for advice.Watch this video to help you prepare to pay back your missed payments once forbearance ends.
Sanctions and Irony and Fraud, Oh My!
- Bridgeport Man Pleads Guilty to Bankruptcy Fraud Charge – Anthony Faustini waived his right to be indicted and pleaded guilty to a federal charge.
- New Fraud Charges Filed Against Area Man – (Only a slight bankruptcy connection)
Mortgage Loan Modification Does Not Alter Lien Priority
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December 5, 2020
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Archives |
Mortgage Loan Modification Does Not Alter Lien Priority
FHFA Extends Foreclosure and REO Eviction Moratoriums
Practice Pointers for Arguing Motions
Meet the Very Newest Trustee
13 documents by Independence Software – Encrypted and Scans for PII
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Positions Open
- Middle District of Florida at Orlando and Jacksonville – Application due date 2/1/21
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
- Middle District of Pennsylvania – Application due date 12/18/20
Chapter 7 Panel Trustee Advertisements
- Western District of Arkansas, Fayetteville and Fort Smith Divisions – Application due date 12/15/20
- Western District of Michigan (Grand Rapids) – Application due date 12/15/20
- Western District of Michigan
From the Courts
- Middle District of Louisiana – Amended Rule 2004-1
- Northern and Southern Districts of Mississippi – Pending Amendments to Local Rules 3007-1, 4001-1, 4002-1
- District of Nevada – New Red-lined Local Rules Effective January 1, 2021 (More significant Chapter 13 changes start on page 20.)
- Middle District of North Carolina – Amended Standing Order Regarding Attorneys’ Fees for Representation of Debtor in Chapter 13 Cases. The order adjusts a number of fees for some of the services that are not covered by the presumptive base fee in chapter 13 cases. Changes are highlighted in yellow.
- Western District of Pennsylvania – Amendment to W.Pa.Lbr 3011-1 Regarding Motions to Reopen Seeking Unclaimed Funds
- Central District of Illinois – Service of Notice of Order Confirming Chapter 13 Plans Effective December 1, 2020
- Northern District of Georgia – Public Notice Regarding Chapter 13 Plan Form and General Orders – Several changes to note including the Plan Form and Revised Post Confirmation Modification
“How Long, O Lord?”
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November 30, 2020
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Archives |
“How Long, O Lord?”
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part VI
Click here for Part II
Click here for Part III
Click here for Part IV
Click here for Part V
Another Great Heat Map
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Trustee Positions Open
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
- Middle District of Pennsylvania – Application due date 12/18/20
Chapter 7 Panel Trustee Advertisements
- Western District of Arkansas, Fayetteville and Fort Smith Divisions – Application due date 12/15/20
- District of Wyoming – Application due date 12/1/20
- Western District of Michigan (Grand Rapids) – Application due date 12/15/20
- Western District of Michigan
From the Courts
- Central District of Illinois – Service of Notice of Order Confirming Chapter 13 Plans Effective December 1, 2020
- Western District of Pennsylvania – Amendment to W.Pa.Lbr 3011-1 Regarding Motions to Reopen Seeking Unclaimed Funds
- Northern District of Georgia – Public Notice Regarding Chapter 13 Plan Form and General Orders – Several changes to note including the Plan Form and Revised Post Confirmation Modification
Bracing Presumptions and Shifting Burdens
FREE: A mini treatise on evidentiary presumptions and the interaction between federal rules and state rules of evidence. Although it uses California law as examples the principles are universal.
- Click here for more on Brace.
From the National Consumer Bankruptcy Rights Center
ACA’s Shared Responsibility Payment Debt Not Entitled to Priority
On the CFPB
- Don’t Make CFPB Start From ‘Square One,’ Agency Tells Appeals Court – A U.S. Supreme Court ruling in June confronted the lawfulness of the consumer agency’s single-director design. Now, courts are picking up where the justices left off.
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c)
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November 23, 2020
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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3
This week we publish part three of a three-part series by an Academy favorite author, David Cox.
Part 1 – Some Basics about Secured Claim Treatment in Chapter 13
Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd
Don’t Miss These Rules Changes Effective December 1st
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Larry Ahern reports this week on changes in Bankruptcy Rules, means test amounts and miscellaneous fees scheduled for November 1 and December 1 this year.Appendix A – Federal Rules of Bankruptcy Procedure Amendments Effective December 1
Appendix B – Adjustments to Means Test Amounts for Cases Filed On or After November 1
Appendix C – Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1
Trustee Positions Open
Chapter 13 Standing Trustee Opening
- Western District of North Carolina Charlotte Division – Application due date 12/31/20
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
Chapter 7 Panel Trustee Advertisements
- District of Wyoming – Application due date 12/1/20
- Southern District of Georgia, primarily in the Brunswick and Waycross divisions – Application due date 11/30/20
From the Courts
- Northern District of Georgia – Public Notice Regarding Chapter 13 Plan Form and General Orders – Several changes to note including the Plan Form and Revised Post Confirmation Modification
- Western District of Michigan – NextGen will be live 11/23/20
- Northern and Southern Districts of Mississippi – Amendments to the Uniform Local Bankruptcy Rules effective December 1, 2020.
From the National Consumer Bankruptcy Rights Center
Local Standards Apply but Trustee Need Not Be a Sumpsimus
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November 16, 2020
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Archives |
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Larry Ahern reports this week on changes in Bankruptcy Rules, means test amounts and miscellaneous fees scheduled for November 1 and December 1 this year.
Appendix A – Federal Rules of Bankruptcy Procedure Amendments Effective December 1
Appendix B – Adjustments to Means Test Amounts for Cases Filed On or After November 1
Appendix C – Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2
This week we publish part two of a three-part series by an Academy favorite author, David Cox.
Part 1 – Some Basics about Secured Claim Treatment in Chapter 13
Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd
Chapter 13 Trustee Duties, Powers and Limitations – Part 7
Judge Robinson’s outstanding, all-inclusive outline concludes with the answer to the question: Is the trustee’s service worth her commission?
Click here for Part 1 – Who appoints and who can remove a trustee.
Click here for Part 2 – The statutory duties of a standing trustee.
Click here for Part 3 – Can the trustee challenge the debtor’s attorney’s fee? And, Should the trustee pursue liquidation or collection of estate assets?
Click here for Part 4 – Exactly whose interests does the trustee represents, and when should the trustee object or move to modify?
Click here for Part 5 – Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))?
Click here for Part 6 – When do the trustee’s duties end, and who gets the money?
YTD Change in Filings – National Average of -37%
Trustee Positions Open
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands – Application due date 12/31/20
Chapter 7 Panel Trustee Advertisements
- District of Wyoming – Application due date 12/1/20
- Southern District of Georgia, primarily in the Brunswick and Waycross divisions – Application due date 11/30/20
New Ohio Judge Profiled
U.S. Bankruptcy Judge Tiiara N.A. Patton Profiled
Big Win on the Debtor Side
Debtor Attorney Awarded $17,302.50 Fees for Correcting $179.98 Mortgage Mistake Leading to $130,000 Past Due Mortgage Debt
From the National Consumer Bankruptcy Rights Center
The Case of the Vanishing Homestead Exemption
Student Loan Chronicles
CFPB Recommends Extending Student Loan Relief
For Your Blog
- Homestead Exemptions: What to know in bankruptcy cases and at property tax time
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November 9, 2020
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Archives |
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1
Today we launch a three-part series by an Academy favorite author, David Cox. Cox has brought us many great pieces in the past including a three-part series on representing elderly clients.
Part 1 – Some Basics about Secured Claim Treatment in Chapter 13
Part 2 – Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§
1322(c)(2) And 1325(a)(5). To be published on November 16th
Part 3 – Providing for the Secured Mortgage Claim, as Modified. To be published on November 23rd
Chapter 13 Trustee Duties, Powers and Limitations – Part 6
Judge Robinson has created an outstanding, all-inclusive article outlining the duties, powers, and limitations of the Chapter 13 Trustee. We hope you are enjoying this series. Part 6 answers the question: When do the trustee’s duties end, and who gets the money?
Click here for Part 1 – Who appoints and who can remove a trustee.
Click here for Part 2 – The statutory duties of a standing trustee.
Click here for Part 3 – Can the trustee challenge the debtor’s attorney’s fee? And, Should the trustee pursue liquidation or collection of estate assets?
Click here for Part 4 – Exactly whose interests does the trustee represents, and when should the trustee object or move to modify?
Click here for Part 5 – Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))?
Brace & Beyond: Joint Tenancy & Transmutation
Chapter 13 Standing Trustee Opening
- Districts of Hawaii, Guam and Northern Mariana Islands
Chapter 7 Panel Trustee Advertisements
- Southern District of Ohio, Dayton – Application due date 11/20/20
- District of Wyoming – Application due date 12/1/20
- Southern District of Georgia, primarily in the Brunswick and Waycross divisions – Application due date 11/30/20
New Term of the Week
What the heck is ‘blockchain’??
Apparently, like bitcoin it is a cryptocurrency but for the mortgage industry.
A popular item from last week . . . Handling the Media
From the National Consumer Bankruptcy Rights Center
Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?
From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries.“. . . Under the loan agreement, the borrower remains in possession of his car, but he must repay the loan plus a predetermined charge by a specific date in order to reclaim his title. The borrower fails to timely repay . . . A few days after the expiration of the redemption period, the borrower files a Chapter 13 petition and plan . . .”
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November 2, 2020
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Archives |
Meet the New Trustee
Chapter 13 Trustee Duties, Powers and Limitations – Part 5
Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
Bringing back a ‘hit’ from last year . . .*Regrettably Mr. Schmidt has moved on from his position as Judge Gustafson’s Law Clerk.
From the National Consumer Law Center
- NCLC has submitted a joint amicus brief with Consumer Federation of America and Consumer Reports to the U.S. Supreme Court in Facebook v Duguid. At issue is the TCPA’s provision allowing autodialed calls to cell phones and protected lines only with the prior express consent of the receiving party. Facebook and its supporters are arguing that the TCPA’s current definition of an Automatic Telephone Dialing System (ATDS) or “autodialer,” which includes systems that store numbers on a list, only includes dialers that dial random or sequentially generated numbers. But unless the caller is calling from a list, the caller has no way of ensuring that it is only calling people who have consented — as Congress intended. Click here for more.
- Announcing the Release of No Fresh Start 2020 – NCLC’s new report surveys the exemption laws of the 50 states, the District of Columbia (D.C.), Puerto Rico, and the Virgin Islands and finds that not one jurisdiction’s laws meet the basic standards that would allow debtors to support themselves and their families.
Handling the Media
Means Test Numbers EFFECTIVE NOW
From the National Consumer Bankruptcy Rights Center
Trustee Absolutely Immune from Personal Liability (Chapter 7 case)
From the Courts
- Veterans’ Day is Wednesday, November 11th – Courts will be closed.
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part V
Click here for Part II
Click here for Part III
Click here for Part IV
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October 26, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part V
2020 has some asking, “When will it end?” This is a difficult time for individuals and businesses, as trustees and debtors’ advisors deal with the effects of a pandemic-induced recession. In the consumer bankruptcy field, practitioners are often uncomfortable with the rules in UCC Article 9. This series of analyses by Larry Ahern reviews Article 9’s rules related to consumer transactions.This week, he continues an analysis of the procedures required to initiate an Article 9 foreclosure with a review of recent caselaw.In Appendix D, Larry has compiled a list of the topics covered in these analyses, and other appendices, along with dates of publication through the Academy listserv.
Click here for Part I
Click here for Part II
Click here for Part III
Click here for Part IV
Chapter 13 Trustee Duties, Powers and Limitations – Part 4
Means Test Numbers
City of Chicago v. Fulton
From the Courts – (All repeats from last week)
- Central District of California – Judge Robert N. Kwan will retire from the bench on February 5, 2021, after 14 years as a bankruptcy judge. He has been approved to serve as a recalled judge. Judge Kwan was appointed to a 14-year term on February 5, 2007.
- Central District of California – Judge Catherine E. Bauer retired from the bench on September 1, after serving over ten years as a bankruptcy judge. The former recipient of the William J. Lasarow Award and Public Counsel Advocate of the Year was appointed to her judgeship on February 26, 2010. On July 31, Judge Bauer’s pending cases and related bankruptcy proceedings were reassigned to the other judges at the Santa Ana Division.
- Western District of Texas is planning to implement NextGen CM/ECF on November 16, 2020.
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
New Bankruptcy Judge
Sanctions and Irony and Fraud, Oh My!
- Augusta Man Charged with Fraud in Real Estate Purchase – Indictment alleges altered documents used in bankruptcy court
Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium
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October 19, 2020
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Archives |
Critical Case Comment
Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium
Chapter 13 Trustee Duties, Powers and Limitations – Part 3
Judge Robinson has created an outstanding, all-inclusive article outlining the duties, powers, and limitations of the Chapter 13 Trustee. We hope you are enjoying this series. Part 3 looks at two issues:
- Can the trustee challenge the debtor’s attorney’s fee?
- Should the trustee pursue liquidation or collection of estate assets?
City of Chicago v. Fulton
From the National Consumer Bankruptcy Rights Center
A very popular item from last week . . . 6th Circuit Clarifies Treatment of 401(k) Contributions in Chapter 13
Bankruptcy Judgeship Opportunities Announced
- The United States Court of Appeals for the Ninth Circuit has announced two Bankruptcy Judgeship Opportunities for the Central District of California. The official duty stations for these positions are Riverside, CA, and Santa Barbara, CA. Additional information on these opportunities and application instructions for qualified applicants can be found on the Ninth Circuit Website. Deadline for receipt of application materials is Thursday, October 29, 2020.
- The United States Court of Appeals for the Second Circuit invites applications from qualified candidates for a 14-year appointment as United States Bankruptcy Judge for the Northern District of New York at Syracuse, New York.
From the Courts
- Central District of California – Judge Robert N. Kwan will retire from the bench on February 5, 2021, after 14 years as a bankruptcy judge. He has been approved to serve as a recalled judge. Judge Kwan was appointed to a 14-year term on February 5, 2007.
- Central District of California – Judge Catherine E. Bauer retired from the bench on September 1, after serving over ten years as a bankruptcy judge. The former recipient of the William J. Lasarow Award and Public Counsel Advocate of the Year was appointed to her judgeship on February 26, 2010. On July 31, Judge Bauer’s pending cases and related bankruptcy proceedings were reassigned to the other judges at the Santa Ana Division.
- Western District of Texas is planning to implement NextGen CM/ECF on November 16, 2020.
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
Student Loan Chronicles
Sanctions and Irony and Fraud, Oh My!
Trustees’ Pet Peeves
First Principles for First Meetings
. . . in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. They needed to know what she had to say. But as communication, it failed. Badly. For utterly avoidable reasons.“So here’s my two cents for trustees on really communicating with bankruptcy debtors.”
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October 12, 2020
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Archives |
Trustees’ Pet Peeves
First Principles for First Meetings
. . . in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. They needed to know what she had to say. But as communication, it failed. Badly. For utterly avoidable reasons.“So here’s my two cents for trustees on really communicating with bankruptcy debtors.”
Chapter 13 Trustee Duties, Powers and Limitations – Part 2
Bankruptcy 101
The Arizona Consumer Bankruptcy Counsel is excited to announce the completion of a series of 10 video sessions titled “Bankruptcy 101”. Their goal was to have a series of basic programs that could be shared with lawyers who are entering, or returning, to bankruptcy consumer practice. Each program is two hours (one is 3 hours). The faculty are some of the best consumer bankruptcy attorneys in Arizona.The attached flyer has the YouTube URL for the entire series (or click here). The programs are free, so please feel free to share as you see fit.
From the National Consumer Bankruptcy Rights Center
6th Circuit Clarifies Treatment of 401(k) Contributions in Chapter 13
From the National Consumer Law Center
NCLC Announces 2020 Rising Star Award Recipients
Passing of Nevada Judge
At 90 years old, the Honorable Judge Lloyd D. George passed away on October 7th.Click here for more information.
From the Courts
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
- Northern District of Oklahoma – (Appears to be nationwide change) BNC is implementing a new format for its Certificates of Notice beginning October 1, 2020 – Click here for sample
Chief Judge
Sanctions and Irony and Fraud, Oh My!
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV
Click here for Part II
Click here for Part III
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October 5, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV
Chapter 13 Trustee Duties, Powers and Limitations
In Tribute to Justice Ginsburg
Justice Ruth Bader Ginsburg’s Bankruptcy Opinions
From the National Consumer Law Center
New Rights for Homeowners Exiting COVID-19 Forbearances
From the Courts
- Western District of Michigan – Upgrade to NexGen Effective November 23rd.
- District of Oregon – Fee Increases Effective December 1, 2020
- Northern District of Oklahoma – (Appears to be nationwide change) BNC is implementing a new format for its Certificates of Notice beginning October 1, 2020 – Click here for sample
- District of Colorado – Biennial Fee imposed on all bar members admitted before Oct. 1, 2020
- Southern District of Ohio – 2020 Amendments to Local Bankruptcy Rules – Effective October 1, 2020
- Southern District of Ohio – Mortgage Modification Mediation Program Effective October 1, 2020
Student Loan Chronicles
House Democrats Debate Bill to Allow Student Loan Discharges in Bankruptcy
Sanctions and Irony and Fraud, Oh My!
Ask Ms. Ps & Qs
“Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress?”See also:
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September 28, 2020
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Archives |
Ask Ms. Ps & Qs
“Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress?”See also:
From the Editor
Two cases caught the eye of Judge Brown this week. Each relating to debtor attorneys:
Agreed Order Resolving Plaintiffs’ Motion for Preliminary Injunction
Another Great Heat Map from Judge Anderson
- August Year-To-Date Change in Consumer Filings (Chapter 7 And Chapter 13)
Analyzing Troubled Chapter 13s After COVID19
As the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another.
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WEBINAR RECORDING – Analyzing the Troubled Chapter 13 During COVID19
With a combined 79 years of experience representing individual and small business debtors, Certified Specialists Cathy Moran and Jill Michaux review questions you will need to answer in order to provide the sharpest analysis for your clients. Access to this webinar is a benefit of subscription. Not a subscriber? Click here.
The CARES Act and Mortgage Forbearance Webinar Recording Now Available
This 90-minute webinar with Max Gardner, Forensic Accountant Jay Patterson, Thad Bartholow, and Malissa Giles covers: 1) looking at Fannie Mae’s script for servicers use with homeowners; 2) notices and why they are important; 3) modification options; and 4) involuntary forbearance ‘agreements’.Access to Webinar recordings is a benefit of subscription to ConsiderChapter13.org. Not a subscriber? Click here.
Position Postings
Northern District of Ohio – Term Law Clerk to United States Bankruptcy Judge Tiiara N.A. Patton
From the Courts
- District of Oregon – New Format for BNC Certificates of Notice Effective October 1, 2020
- District of Oregon – Fee Increases Effective December 1, 2020
- Eastern District of Tennessee – BNC will implement new Certificates of Notice beginning Thursday, October 1, 2020
- Northern District of Georgia – Notice Regarding Notices of Electronic Filing Emails
- Southern District of Ohio – 2020 Amendments to Local Bankruptcy Rules – Effective October 1, 2020
- Southern District of Ohio – Mortgage Modification Mediation Program Effective October 1, 2020
- Western District of Virginia (Judges Connelly and Black) – Guidelines for Remote Evidentiary Hearings
- District of South Carolina – Guidelines on the Claim Objection Process (Judge Waites)
Sanctions and Irony and Fraud, Oh My!
- Americans Have Lost $145 Million to Coronavirus Fraud – More than 200,000 complaints of scams and fraud have been filed so far this year, data from the Federal Trade Commission shows.
Critical Case Comment
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September 21, 2020
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Archives |
Critical Case Comment
Another Great Heat Map from Judge Anderson
We apologize for the wrong link in last week’s email.
Unemployment Heat Map as of August 21st.
From the Editor
Four cases caught the eye of Judge Brown this week:
From the United States Trustee for Region 21
New Trustee Announced
The CARES Act and Mortgage Forbearance Webinar Recording Now Available
Position Postings
Western District of Tennessee – Chief Deputy Clerk
From the Courts
- Southern District of Ohio – 2020 Amendments to Local Bankruptcy Rules – Effective October 1, 2020
- Southern District of Ohio – Mortgage Modification Mediation Program Effective October 1, 2020
- Western District of Virginia – December 1, 2020, fee increase
- Western District of Virginia (Judges Connelly and Black) – Guidelines for Remote Evidentiary Hearings
- District of Rhode Island – New Local Rule and Form Amendments, Effective September 16, 2020
- District of South Carolina – Guidelines on the Claim Objection Process (Judge Waites)
Student Loan Chronicles
Eviction Moratorium Extended
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September 14, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3
Click here for Part 2
Chapter 12 In The News
What’s in a Name? When is a Farmer a Family Farmer Under the Bankruptcy Code?
A previously run popular item . . .
We love these graphics from Judge Anderson – this one is a current look at unemployment in the United States as of August 21st.
- Great resource found within this article: National Housing Law Project
From the National Consumer Law Center
2020 High Cost Lending Lobby Campaign & Training
Position Postings
Chief Deputy Clerk Vacancy Announcement – United States Bankruptcy Court for the E.D. of Kentucky
From the CFPB
San Diego Recordings Now Available
From the IRS
E-Signatures Temporarily Allowed on Some Tax Forms
Student Loan Chronicles
- Scammed Student Sues Navient, Asking for Cancellation of Debt He Took on to Attend For-Profit College – The suit is the latest front in a battle waged by thousands of students who took out student loans to attend for-profit colleges accused of fraud.
Sanctions and Irony and Fraud, Oh My!
Eviction and Bankruptcy Remedies
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August 31, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 2
Eviction and Bankruptcy Remedies
- Great resource found within this article: National Housing Law Project
Unemployment Heat Map
We love these graphics from Judge Anderson – this one is a current look at unemployment in the United States as of August 21st.
From the National Consumer Law Center
Position Postings
- United States Bankruptcy Judgeship, Western District of Tennessee – Notice of Vacancy
This position is vacant due to the impending retirement of United States Bankruptcy Judge David S. Kennedy.
- United States Bankruptcy Judgeship, Southern District of Mississippi at Jackson – Notice of Vacancy – Deadline to apply extended.
San Diego Recordings Now Available
If you weren’t able to attend NACTT’s annual seminar this year but still want to the knowledge, now is your chance.Individual sessions are $45 each
Download of the entire seminar for a mere $150
Don’t want to download, want the actual DVDs that you can touch? Click here to order
(We are sorry but Audio only is not an option this year)
From the Courts
- Bankruptcy Court for South Carolina – New ECF event: Statement of Supplemental Chapter 13 Attorney Fees
- Bankruptcy Court for the Southern District of Florida – Administrative Order 2020-11, (1) Modification of the Automatic Stay to Facilitate Forbearance Agreements During COVID-19 and (II) Amendments to and Modifications of Chapter 13 Plans to Accommodate Forbearance Agreements
- Bankruptcy Court for the Southern District of New York – Bernstein to Retire
- Tiiara N.A. Patton Appointed Judge of the United States Bankruptcy Court, Northern District of Ohio
From the IRS
- Tax Relief for Victims of Derecho and California Wildfires
Student Loan Chronicles
From NCLC: New July Student Loan Rule Amendments: What Changes and What Does Not
Sanctions and Irony and Fraud, Oh My!
- Ohio Opens Criminal Probe into Pandemic Unemployment Fraud – Nigerian fraud ring active in Ohio since May?
Think Beyond The Means Test
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August 24, 2020
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Think Beyond The Means Test
How to Present an Effective Summary Judgment Motion
Chapter 12 In The News
A Dairy State Tops Bankruptcy Claims – Article contains a very interesting graphic.
From the National Consumer Law Center
Leaders Must Take Action to Halt Foreclosure Crisis for Minorities
San Diego Recordings Now Available
If you weren’t able to attend NACTT’s annual seminar this year but still want to the knowledge, now is your chance.
Individual sessions are $45 each
Download of the entire seminar for a mere $150
Don’t want to download, want the actual DVDs, click here.
(Audio only is not an option this year)
From the Courts
- Federal Rules Published for Public Comment – Comment period ends 2/16/21 – Bankruptcy Restyled Rules Parts I and II; Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023; and Official Forms 101, 122B, 201, 309E-1, 309E-2, 309F-1, 309F-2, 314, 315, and 425A
From the IRS
- IRS Will Send Interest Payments on Tax Refunds to 14 Million Taxpayers – Payments will average a whopping $18 and anything over $10 will be taxable income – oy vey
- IRS Reverses Course, Will Send Payments to Low-Income and Disabled Parents Who Didn’t Get $500 for Their Children – Those who missed a deadline to use the IRS non-filers tool now have until Sept. 30 to claim missing stimulus money for dependents under 17.
Evictions in the News
For Your Blog
- IRS: Unemployment Compensation Is Taxable: Have tax withheld now and avoid a tax-time surprise
Student Loan Chronicles
From Credit Slips: Student Loan Relief Update
Sanctions and Irony and Fraud, Oh My!
Court Review of Fee Applications in Chapter 13: One Judge’s Perspective
Judge Lynch looks not only at the statutory guidelines but the practical considerations in reviewing fee applications.
**Additionally, the NACTT 2020 Seminar offered a better than excellent session on attorney’s fees. You can purchase this session for a mere $45! Click here and scroll down.
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August 17, 2020
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Archives |
Court Review of Fee Applications in Chapter 13: One Judge’s Perspective
Judge Lynch looks not only at the statutory guidelines but the practical considerations in reviewing fee applications.
**Additionally, the NACTT 2020 Seminar offered a better than excellent session on attorney’s fees. You can purchase this session for a mere $45! Click here and scroll down.
Possible Solution for Student Loans?
Judge to Retire
The Bankruptcy Court for the Eastern District of New York will say goodbye to Chief Judge Carla E. Craig on October 1st.Click here for more on Judge Craig.
From the Courts
- Federal Rules Published for Public Comment – Comment period ends 2/16/21 – Bankruptcy Restyled Rules Parts I and II; Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023; and Official Forms 101, 122B, 201, 309E-1, 309E-2, 309F-1, 309F-2, 314, 315, and 425A
- Middle District of Alabama: Administrative Order 2020-14 details the steps attorneys must follow to prepare exhibits and submit them to the court prior to a video hearing
- New Clerk of the Bankruptcy Court for the Northern District of Oklahoma
New Book
NPR, the New York Times, The New Yorker, and even Oprah tout Caste – The Origins of Our Discontents as an instant classic and must read for all.New York Times: “It’s an extraordinary document, one that strikes me as an instant American classic and almost certainly the keynote nonfiction book of the American century thus far.”
From the IRS
IRS Takes New Steps to Ensure People with Children Receive $500 Economic Impact Payments
Evictions in the News
Jefferson County Sheriffs Will Begin Enforcing Evictions for Rent Non-payment
For Your Blog
Dirty Dozen Part 1: Taxpayers should be on the lookout for these scams.
Sanctions and Irony and Fraud, Oh My!
- Saltville Man Sentenced in Fraud Case – Geyer tried to defraud the U.S. Bankruptcy Court by providing deceptive statements about fake medical conditions to hide assets, the release states
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
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August 10, 2020
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Archives |
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
From the Editor
Judge Brown looked at two cases this week – one on eligibility and one on classification.
Narrowing of Circuit Split
In re Jeffrey J. Rockwell – Click here for Opinion
“Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing. On an issue where the circuits are divided, the First Circuit upheld the two lower courts by ruling that a homestead exemption, valid on the chapter 13 filing date, is not lost if the debtor sells the home but does not reinvest the proceeds within six months as required by state law.” From The Rochelle Daily Wire.
Appointment of U.S. Bankruptcy Judge
‘Jeopardy’ Judge
New Bankruptcy Judge Is Former ‘Jeopardy!’ Winner
From the Courts
- Judge affirms CARES Act language that cases cannot be extended to seven years unless confirmed before March 27.
- Judge Robert E. Nugent Retired June 30, 2020
- Changes to Alabama exemptions effective in 2021. The Alabama state treasurer has announced the exemption adjustments which become effective on April 1, 2021: $16,450 homestead and $8,225 personal property.
New Book
NPR, the New York Times, The New Yorker, and even Oprah tout Caste – The Origins of Our Discontents as an instant classic and must read for all.
New York Times: “It’s an extraordinary document, one that strikes me as an instant American classic and almost certainly the keynote nonfiction book of the American century thus far.”
Downloadable Exemption Map
From the IRS
Here’s What Taxpayers Need to Know About the Home Office Deduction
Evictions in the News
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Position Postings
- Federal Appeals Court Seeking Applicants for Northern Indiana Bankruptcy Judge Post – APPLICATION DEADLINE IS TODAY!
- Bankruptcy Judgeship Opportunity – Portland, Oregon – Deadline to apply 10/22
Sanctions and Irony and Fraud, Oh My!
- CFPB Settled with Foreclosure Relief Services Company, Certified Forensic Loan Auditors, LLC, and its owner, Andrew Lehman, permanently banning both from the industry!
Eleventh Circuit Adopts the Path of Leased Resistance
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August 3, 2020
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Eleventh Circuit Adopts the Path of Leased Resistance
From the Editor – Claims
Judge Brown was busy this week, bringing us four cases relating to dismissal of cases.
Historic Decline in GDP for 2d Quarter 2020
Downloadable Exemption Map
From the Courts
From the IRS
New Law Provides Relief for Eligible Taxpayers Who Need Funds from IRAs and Other Retirement Plans
Evictions in the News
- California Landlords Are Locking Out Struggling Tenants – ‘Tsunami of Evictions’ May Be Next
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Position Postings
Sanctions and Irony and Fraud, Oh My!
- ‘Very Organized’ Unemployment Fraud Attack Could Cost Ohio Millions – ‘These are not small operators’
Critical Case Comment
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July 27, 2020
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Critical Case Comment
SBRA
A Guide to the Small Business Reorganization Act Of 2019 Revised and Updated July 2020
Judge Bonapfel has previously shared with ConsiderChapter13.org readers his FREE outline of SBRA. This week, we provide his latest updates. The title page highlights changes so prior readers don’t have to re-read the whole thing. Of particular interest is the attachment of two appendices:
Appendix C — A comparison of chapters 11, 12, and 13, prepared by bankruptcy judge Mary Jo Heston
Appendix D – Subchapter V timeline prepared by bankruptcy judge Ben Kahn.
Evictions in the News
- Federal Eviction Moratorium Ends this Week, Putting 12 Million Tenants at Risk – Democrats have pushed for an extension of the ban or a $100 billion rental assistance program
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Position Postings
Student Loan Chronicles
- $5 Billion ‘Shadow Debt’ Market Is Helping Keep For-Profit Colleges Afloat, New Report Charges – These risky loan products can have interest rates as high as 35%, according to a report by the Student Borrower Protection Center.
Sanctions and Irony and Fraud, Oh My!
- Former Wirecard CEO Rearrested in Munich as Prosecutors Suspect $3.7 Billion Fraud (only so-so interesting)
The Smart Way to Cut Out the IRS
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July 20, 2020
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Archives |
A Look at Setoff and Recoupment as Fourth Circuit Permits IRS to Grab Exempt Overpayment Refund
The Smart Way to Cut Out the IRS
From the Office of the UST
Remarks of Director Cliff White for the 55th Annual Seminar of the National Association of Chapter 13 Trustees (Pre-recorded for presentation in July 9th as part of the NACTT’s virtual seminar)
New Judicial Appointment
Newly Appointed Eastern District of Missouri U.S. Bankruptcy Judge Bonnie Clair
Evictions in the News
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
From the Courts
- Middle District of North Carolina New Documents: (1) Order Declaring Secured Claim has been Satisfied and Lien has been Released.docx (2) Motion for Order Declaring Secured Claim has been Satisfied and Lien has been Released.docx
- Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
Position Postings
Sanctions and Irony and Fraud, Oh My!
Objection: Hearsay
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July 13, 2020
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Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?
Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably not. Options?Objection: Hearsay
“ . . . Diving into Evidence Code Section 1220, wearing your big boy suit and feeling like a schoolkid, all eyes upon you, searching for that magic exception, you mutter “not offered for its truth” because that one usually seems to work.”
ConsiderChapter13.org is pleased to introduce a new author. Wayne Silver’s practice is primarily resolving high stakes financial litigation usually in the complex bankruptcy context. Thank you, Wayne, for this terrific piece on trial practice.
The Hanging Paragraph – Hanging on Every Word Part 4 of 4
We regret that last week’s Part 4 was actually a repeat of Part 3 – we apologize for any confusion.
The conclusion and perhaps the most interesting section of an excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B).
Part 4 looks at good faith requirements.
Click here for Part 1
Click here for Part 2
Click here for Part 3
From the Courts
- Flattening More Than the Curve. Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
- District of South Carolina – Increase in Filing Fee for Motions to Appear Pro Hac Vice
- Central District of California – Annual Renewal Fee and Pro Hac Vice Fee Increase – Annual fee due by Sept 1.
From the National Consumer Law Center
Supreme Court Votes to Uphold Right to Stop Political Robocalls and Texts; Advocates Stress Importance of FCC in Upholding Key Consumer Privacy Law
For Your Blog
Taxpayers Should Report Tip Income on Their Tax Return
Sanctions and Irony and Fraud, Oh My!
CFPB Files Suit Against Loan Doctor and Edgar Radjabli for Deceptive Acts and Practices In Marketing a Savings CD Account
Passing of an Icon
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July 6, 2020
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Archives |
IT’S NACTT NATIONAL SEMINAR TIME
Same GREAT Conference – Online Format
There is still time to register!
Sessions will begin being released (via email from The Academy) THIS Thursday. All sessions will be available to watch until August 10th.
Last week we told you about Bill Rochelle’s outstanding Judges’ Roundtable.
A benefit of pre-recording is that the sessions have already been vetted – ALL are EXCELLENT.
- Fallout of Taggart’s Test offers you almost 90 minutes of comprehensive discussion of this current issue.
- Nancy Whaley, Russell Simon, Ed Boltz and Kristina Stanger did a fantastic job of parlaying the HAVEN Act into a session on all Recent Legislation. There is much here to learn and this panel delivers!
- Brad Caraway and Prof. Anne Fleming’s Creating Chapter 13: Debt Relief in Birmingham, Alabama in the 1930’s was surprisingly contemporary and utterly fascinating. Prof. Fleming brings to life a typical debtor in 1930. That debtor profile is not so different from today
- How to Evaluate Tax Returns is another session you won’t want to miss. Practical and detailed. Looks at the plethora of reasons all parties should be evaluating tax returns.
NO LATE REGISTRATION FEE SO REGISTER NOW!!
The Hanging Paragraph – Hanging on Every Word Part 4 of 4
The conclusion and perhaps the most interesting section of an excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B).Part 4 looks at the hanging paragraph’s effect on interest rates.
Click here for Part 1
Click here for Part 2
Click here for Part 3
Passing of an Icon
From the Courts
- As we are seeing in most federal courthouses, the Northern District of Georgia has issued an order regarding entrance screening and face masks.
- Flattening More Than the Curve. Are you ‘flattening’ your PDF documents? The District of Nevada has issued these instructions regarding problematic PDFs.
- Central District of CA – Procedures for Phased Reopening During Covid-19 – Note that Courts are open, face coverings are required, and in person hearings and trials will be decided by the assigned judge on a case-by-case basis.
- Northern District of Illinois approved amendments to Local Rules, effective June 10, 2020 – Click here for highlights
From Credit Slips
Seila Law v CFPB: Winners and Losers
From the National Consumer Bankruptcy Rights Center
Bankruptcy Court May Not Limit Debtor’s Right to Modify as Condition of Confirmation
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
For Your Blog
- IRS Offers Additional Retail Partners that Accept Cash Payments for Federal Taxes – 7-Eleven stores, Ace Cash Express and Casey’s General Stores nationwide now accept cash payments for federal income taxes due.
From the IRS
IRS Unclaimed Refunds of $1.5 Billion Waiting for Tax Year 2016 – Taxpayers face July 15 deadline
Job Posting
Sanctions and Irony and Fraud, Oh My!
The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate
Serial filers are subject to § 362(c)(3), which terminates the automatic stay “with respect to the debtor.” Circuits are split over whether this also terminates the stay regarding property of the estate. SCOTUS may consider the issue.However a new decision added another argument for limiting the scope of termination, and the opinion may have implications on whether the Supreme Court grants cert.
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June 29, 2020
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“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
The Hanging Paragraph – Hanging on Every Word Part 3 of 4
Click here for Part 2
Assessing the Ailing Business Post Pandemic
From the NACTT
NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE
Same GREAT Conference – Online Format
Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.
One of the SEVEN general attendee sessions that will be released on July 9th IS OUTSTANDING – Did The Courts Get It Right? ABI’s Bill Rochelle hosts a Judges’ Roundtable during which the Judges speak candidly about the top decisions affecting cases filed in 2020. Two hours of CLE and GREAT discussion.
From the Courts
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the National Consumer Bankruptcy Rights Center
Arbitration Clause Not Enforced in Discharge Violation Case
Eviction In the News
- Florida Announces $240 Million in Mortgage and Rent Relief – But there are no details yet on how to apply for it.
From the IRS
IRS Alert: Economic Impact Payments belong to recipient, not nursing homes or care facilities
Job Posting
Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone
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June 22, 2020
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Archives |
Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone
The Hanging Paragraph – Hanging on Every Word Part 2 of 4
An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.
This week’s section looks specifically at applying the hanging paragraph.
From the Editor – Claims
Judge Brown was busy this week. He looks at three cases all dealing with claims:
From the NACTT
NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE
Same GREAT Conference – Online Format
Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.
All late registration fees have been waived so REGISTER NOW!!
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the IRS
Relief for Taxpayers Affected by COVID-19 Who Take Distributions or Loans from Retirement Plans
Job Posting
Chapter 7 Panel Trustee Advertisements
- Northern District of Illinois, Eastern Division – June 26 is deadline to apply
Clerk of Court
- Western District of Tennessee – July 17 closing date
Judicial Assistant
- Western District of Washington – August 19 closing date
Term Law Clerks
- Southern District of Ohio – Term Law Clerk – August 18 closing date
Student Loan Chronicles
Eviction In the News
- Memphis, TN – 9,000 Eviction Hearings Stalled by Coronavirus Resume – Advocates Say It’s the Beginning of a Crisis
- N.Y.C., Facing Pandemic Fallout, Freezes Rent for 2 Million Tenants for a Year – Landlords, citing rising costs, had pushed for increases. Tenants had argued for rollbacks because of the coronavirus outbreak’s financial toll.
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Sanctions and Irony and Fraud, Oh My!
- Judge Gives Former Westlake Lawyer Prison Time for Stealing Clients’ Money – U.S. District Judge ordered John Gold to prison for embezzling more than $49,000 in a bankruptcy case and fraudulently endorsing a check for more than $15,000.
Critical Case Comment
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June 15, 2020
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Archives |
Critical Case Comment
The Hanging Paragraph – Hanging on Every Word Part 1 of 4
An excellent, scholarly resource for your research needs on 11 U.S.C. §1325(a)(5)(B). We will publish this 13-paged piece in four parts in consecutive weeks.
This week’s sections include: Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) and BAPCPA Limitations on the Cramdown Provision
From the Editor – Sanctioned Attorney
New Judge Appointed
Need for Additional Judges
From the NACTT
NACTT 2020 VIRTUAL ONLY ANNUAL CONFERENCE
Same GREAT Conference – Online Format
“This decision was disappointing for all as we were all looking forward to being in San Diego.” Mary Viegelahn, NACTT Program Chair
Each session will be released online on the day it was scheduled to be presented in San Diego – July 9-11. All sessions will be available to watch until August 10th. If you watch all sessions, it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.
All late registration fees have been waived so REGISTER NOW!!
For Your Blog
How to Pay for Bankruptcy When You’re Flat Broke
“One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file.”
This piece from one of our favorite authors can be used on your blog or to educate non-bankruptcy attorneys on the benefits of Chapter 13 bankruptcy.
Zoom Meetings – Part of the New Normal
- Why Zoom Meetings Are So Dissatisfying – Internet Chats Disrupt the Automatic, Split-Second Cues on Which Conversation Relies. . . “Adding these pauses to work calls can make speakers seem less convincing.” (You will have to register for a free account in order to read this article but it is worth it. It discusses how delays in our normal patterns of speech experienced in all online video communication platforms affect credibility – this could mean between an attorney and a potential client, a debtor and a trustee/staff attorney at a 341, a witness and a judge, an attorney and a judge, etc.)
- Preparing to Participate in a Zoom Video Hearing with the U.S. Bankruptcy Court Western District of Wisconsin (The Best Practices contained in this link are applicable for all courts.)
Other helpful hints:
- Use a good ol’ ethernet cable instead of wi-fi whenever possible
- Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
- Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
- Make sure you client is awake before your case is called
- Mute the ringer on your phones – cell and landline
From the IRS
IRS Reminder: Deadline postponed to July 15 for those who pay estimated taxes
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
Job Posting
Chapter 7 Panel Trustee Advertisements
- Southern District of Ohio, Eastern Division – June 19 is deadline to apply
- Northern District of Illinois, Eastern Division – June 26 is deadline to apply
Clerk of Court
- Western District of Tennessee – July 17 closing date
Judicial Assistant
- Western District of Washington – August 19 closing date
Term Law Clerks
- Western District of Pennsylvania – Term Law Clerk – July 15 closing date
- District of Rhode Island – Term Law Clerk
- Southern District of Ohio – Term Law Clerk – August 18 closing date
- Western District of Louisiana – Term Law Clerk – June 30 closing date
IT Manager
- Northern District of California – IT Manager
Farmers in the News
A Second Chance: More farms file for bankruptcy protection
“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
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June 8, 2020
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“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
From the Editor – Plan Modification and Discharge
Judge Brown looks at two cases – one on plan modification; the other regarding discharge:
Who Files the Tax Returns Under SBRA
SBRA
Update to “A Guide to the Small Business Reorganization Act of 2019”
From the NACTT
NACTT ANNUAL CONFERENCE – SAN DIEGO July 8-11, 2020
Taking into consideration our new reality, the Executive Board of the NACTT has made the decision to record all sessions planned for the onsite event. Each session will be released online on the day it is scheduled to be presented in San Diego. All sessions will be available to watch until August 10th. If you watch all sessions it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.HOWEVER, it has not yet been decided whether or not there will be an onsite seminar. The possibility remains that there may be an onsite event with a limited number of attendees.
SO, the registration form attached requires that you mark whether or not you would likely attend in person or only participate online.
All late registration fees have been waived so REGISTER NOW!!
Zoom, Zoom and More Zoom
- Why Zoom Meetings Are So Dissatisfying – Internet Chats Disrupt the Automatic, Split-Second Cues on Which Conversation Relies. . . “Adding these pauses to work calls can make speakers seem less convincing.” (You will have to register for a free account in order to read this article but it is worth it. It discusses how delays in our normal patterns of speech experienced in all online video communication platforms affect credibility – this could mean between an attorney and a potential client, a debtor and a trustee/staff attorney at a 341, a witness and a judge, an attorney and a judge, etc.)
- Preparing to Participate in a Zoom Video Hearing with the U.S. Bankruptcy Court Western District of Wisconsin (The Best Practices contained in this link are applicable for all courts.)
Other helpful hints:
- Use a good ol’ ethernet cable instead of wi-fi whenever possible
- Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
- Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
- Make sure you client is awake before your case is called
- Mute the ringer on your phones – cell and landline
From the National Consumer Bankruptcy Rights Center
- Creditor Had Affirmative Duty to Stop State Contempt Action (DSO creditor in a Chpt 7 but an interesting case.)
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the National Consumer Law Center
Job Posting
- Columbus, Ohio – Chapter 13 Trustee Vacancy – June 12 is deadline to apply
- Western District of Pennsylvania – Term Law Clerk
- District of Rhode Island – Term Law Clerk
- Western District of Michigan – IT Specialist Posting – June 19 is deadline to apply
From the CFPB
- CFPB and State Regulators Provide Additional Guidance to Assist Borrowers Impacted by the COVID-19 Pandemic – Mortgage servicers could violate the CARES Act or other applicable law and potentially cause consumer harm if they were to require documentation from borrowers to prove financial hardship, if they did not grant the forbearance once properly requested, or if they steered borrowers away from forbearance or misled them.
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
Congress, It’s Time to Get Rid of That Stupid Means Test
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June 1, 2020
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Archives |
From the NACTT
NACTT ANNUAL CONFERENCE – SAN DIEGO July 8-11, 2020
Taking into consideration our new reality, the Executive Board of the NACTT has made the decision to record all sessions planned for the onsite event. Each session will be released online on the day it is scheduled to be presented in San Diego. All sessions will be available to watch until August 10th. If you watch all sessions it is the equivalent of 23 hours of 45-minute CLE. The staff track will also be recorded and released in the same format.HOWEVER, it has not yet been decided whether or not there will be an onsite seminar. The possibility remains that there may be an onsite event with a limited number of attendees.SO, the registration form attached requires that you mark whether or not you would likely attend in person or only participate online.
All late registration fees have been waived so REGISTER NOW!!
Zoom, Zoom and More Zoom
- Why Zoom Meetings Are So Dissatisfying – Internet Chats Disrupt the Automatic, Split-Second Cues on Which Conversation Relies. . . “Adding these pauses to work calls can make speakers seem less convincing.” (You will have to register for a free account in order to read this article but it is worth it. It discusses how delays in our normal patterns of speech experienced in all online video communication platforms affect credibility – this could mean between an attorney and a potential client, a debtor and a trustee/staff attorney at a 341, a witness and a judge, an attorney and a judge, etc.)
- Preparing to Participate in a Zoom Video Hearing with the U.S. Bankruptcy Court Western District of Wisconsin (The Best Practices contained in this link are applicable for all courts.)
Other helpful hints:
- Use a good ol’ ethernet cable instead of wi-fi whenever possible
- Test your internet speed – type the phrase “speed test” into a Google search; the first search result will help you determine your connection speed
- Make sure you instruct your client to be dressed – and properly – no shirtless 341 attendance – male or female
- Make sure your client is awake before your case is called
Congress, It’s Time to Get Rid of That Stupid Means Test
From the Editor – Discharge Injunction
This week, Judge Brown analyzes 2 cases:
Judge Parsons to Retire
From the IRS
Forbearance Guidelines
- Fees for Bankruptcy Notices of Forbearance – May 6, 2020
- Fannie Mae Lender Letter to Servicers (LL-2020-02) Updated 4/29/20
- Freddie Mac Lump Sum Repayment is Not Required in Forbearance – April 27, 2020
From the National Consumer Law Center
Job Posting
- Columbus, Ohio – Chapter 13 Trustee Vacancy – June 12 is deadline to apply
- Western District of Michigan – IT Specialist Posting
From the Courts
- Bankruptcy Court, District of North Dakota upgrading to NextGen on June 22
- Bankruptcy Court, District of Maryland – New Administrative Order Authorizing Certain Fees in Chapter 13 Cases for COVID-19 Related Work (The first order we’ve seen granting additional flat fee attorney fees.)
- U.S. Bankruptcy Court, Northern District of Illinois – Model Pretrial Order for Video Trial or Hearing
Paycheck Protection Program
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
For Your Blog
Car Payment Relief
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May 25, 2020
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Archives |
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NATIONWIDE DAY OF COMMEMORATION |
In order to give the staff of ConsiderChapter13.org the weekend off, we bring you a ‘catch up’ edition.
The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible
Reasonable Fees and/or Questionable Attorney
“Not only do the debtor’s attorneys have the right to seek additional compensation, the debtor, the trustee and/or the court itself has the right to question that additional compensation.”
Is a CARES Act Stimulus Payment Exempt?
Is an Unemployment Compensation Payment Exempt?
The Hunt for Deductible Interest – Money Too Often Left on the Table
From Harvard Law School – Bankruptcy Roundtable
From the U.S. Bankruptcy Court District of Nevada
No Recording Hearings
“Persons participating in video proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual or audio copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.”
See also: Ask Ms. Ps & Qs (password protected)
Forbearance Guidelines
While COVID-19 payment deferral is similar to the recently announced payment deferral, we have made several enhancements to assist borrowers who have a COVID-19 related hardship.
Key differences include:
- The borrower has experienced a financial hardship resulting from COVID-19 that impacted their ability to make their monthly mortgage loan payment, which has been resolved.
- The mortgage loan must have been current or less than 31 days delinquent as of Mar. 1, 2020, the effective date of the National Emergency declaration related to COVID-19.
- The mortgage loan must be 31 or more days delinquent but less than or equal to 360 days delinquent as of the date of evaluation.
- Certain eligibility criteria are not applicable, such as time from mortgage loan origination and rolling delinquency parameters.
- The servicer must defer the delinquent principal and interest payments (P&I) together with any allowable servicing advances paid to third parties as a result of the delinquency into the non-interest bearing balance.
Job Posting
District of South Carolina – Law Clerk to United States Bankruptcy Judge
Farmers in the News
- Tough Times on the Farm: Why Midwest agriculture was on the ropes before coronavirus
CARES Act/COVID Webinar Series – AVAILABLE
While we offer live webinars FREE, access to recordings is a benefit of subscription. Not a subscriber? SUBSCRIBE NOW
From the Courts
- From the Bankruptcy Court for the District of Kansas – CM/ECF will be unavailable starting Wednesday, May 27 at 5pm until Monday, June 1 for a scheduled upgrade to NextGen CM/ECF
Student Loan Chronicles
- Interest Rate on Federal College Loans Is About to Hit a Record Low – It will drop to 2.75 percent for new loans for undergraduates. That’s a “silver lining” of the current economic turmoil, an advocate said.
- Emergency Relief Screw-Up Hits 5 Million Student Loan Borrowers – Great Lakes, because of a “coding error,” erroneously reported to the credit bureaus that borrowers’ accounts were “deferred.”
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May 18, 2020
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Reasonable Fees and/or Questionable Attorney
“Not only do the debtor’s attorneys have the right to seek additional compensation, the debtor, the trustee and/or the court itself has the right to question that additional compensation.”
Is an Unemployment Compensation Payment Exempt?
From the Editor – Debtor’s Attorney
From the U.S. Bankruptcy Court District of Nevada
“Persons participating in video proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual or audio copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.”
See also: Ask Ms. Ps & Qs (password protected)
Forbearance Guidelines
NEW Fees for Bankruptcy Notices of Forbearance – May 6, 2020 – Fannie Mae will pay services $100 per Notice of Forbearance
NEW FANNIE LETTER – May 13, 2020
While COVID-19 payment deferral is similar to the recently announced payment deferral, we have made several enhancements to assist borrowers who have a COVID-19 related hardship.
Key differences include:
- The borrower has experienced a financial hardship resulting from COVID-19 that impacted their ability to make their monthly mortgage loan payment, which has been resolved.
- The mortgage loan must have been current or less than 31 days delinquent as of Mar. 1, 2020, the effective date of the National Emergency declaration related to COVID-19.
- The mortgage loan must be 31 or more days delinquent but less than or equal to 360 days delinquent as of the date of evaluation.
- Certain eligibility criteria are not applicable, such as time from mortgage loan origination and rolling delinquency parameters.
- The servicer must defer the delinquent principal and interest payments (P&I) together with any allowable servicing advances paid to third parties as a result of the delinquency into the non-interest bearing balance.
Passing of Judge David F. Snow
Job Posting
Northern District of Ohio – Law Clerk to United States Bankruptcy Judge
CARES Act/COVID Webinar Series – AVAILABLE
While we offer live webinars FREE, access to recordings is a benefit of subscription. Not a subscriber? SUBSCRIBE NOW
From the CFPB
From the Courts
- From the Bankruptcy Court for the District of Kansas – CM/ECF will be unavailable starting Wednesday, May 27 at 5pm until Monday, June 1 for a scheduled upgrade to NextGen CM/ECF
- As courthouses begin to open, we are seeing more and more orders that masks will be mandatory. See example from the Bankruptcy Court for the District of Maryland
- Invitation for Comment on Emergency Rulemaking – Request for Input on Possible Emergency Procedures – The Committee on Rules of Practice and Procedure and its five advisory committees invite public input on possible rule amendments that could ameliorate future national emergencies’ effects on court operations
Post Office Needs Assistance
Sanctions and Irony and Fraud, Oh My!
- Virginia Man Faked His Own Death in Ridiculously Elaborate Plot to Avoid Bankruptcy – Wild plot involved stealing the identify of a Florida attorney, using an app to disguise his voice, and fleecing his own wife.
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
CARES Act Rebates and Domestic Support Arrears
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May 11, 2020
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Archives |
Ask Ms. Ps & Qs
We are living in a new normal, and video conferencing will continue to be part of our lives even after social distancing guidelines have relaxed. What should we do in terms of ground rules for holding video conferences on Zoom or similar software?
CARES Act Rebates and Domestic Support Arrears
Bankruptcy’s Eternal Struggle
Which controls, b-22 or I and J . . . You are not limited to the expense categories on the form. Add ones that reflect your client’s budget. And don’t file those schedules until you have squared them up with reality!
Forbearance Guidelines
CARES Act/COVID Webinar Series – AVAILABLE
While we offer live webinars FREE, access to recordings is a benefit of subscription. Not a subscriber? SUBSCRIBE NOW
Above the Law Free Webinar
From the Courts
- Invitation for Comment on Emergency Rulemaking – Request for Input on Possible Emergency Procedures – The Committee on Rules of Practice and Procedure and its five advisory committees invite public input on possible rule amendments that could ameliorate future national emergencies’ effects on court operations
- District of South Carolina Bankruptcy – Sunset of standard language in stay relief orders
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
For Your Blog
Did You Know? Bankruptcy Video Series
United Student Aid Funds, Inc. v. Espinosa Ten Years After
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May 4, 2020
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Archives |
United Student Aid Funds, Inc. v. Espinosa Ten Years After
Analyzing Troubled Chapter 13s After COVID19
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FREE WEBINAR – Analyzing the Troubled Chapter 13 During COVID19
Attorney Moran’s article is a prelude to this week’s webinar. With a combined 79 years of experience representing individual and small business debtors, Certified Specialists Cathy Moran and Jill Michaux will review questions you will need to answer in order to provide the sharpest analysis for your clients.
This webinar is Part 2 and will focus on conversion and hardship discharge. Click here for Part 1 which looked primarily at plan modification.
Click here to register – Wednesday May 6th – 1:00 eastern/12:00 central/11:00 mtn/10:00 pacific
A Fond Farewell to 007 – Frank M. Pees
Federal Housing Finance Agency 4/27/20 Press Release
- Fannie Mae, Freddie Mac: Mortgages in forbearance do not need to be paid back all at once
Zoom
From the National Consumer Bankruptcy Rights Center
Trustee May Modify Plan to Capture Proceeds from Sale of Employee Stock Options
CARES Act Webinars – AVAILABLE
From the Courts
- District of South Carolina Bankruptcy – Sunset of standard language in stay relief orders
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
For Your Blog
- Use IRS Non-Filers Tool to Get Economic Impact Payment; many low-income, homeless qualify
The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible
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April 27, 2020
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Archives |
The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible
Is a CARES Act Stimulus Payment Exempt?
Zoom
From the National Consumer Bankruptcy Rights Center
Court Relies on, then Discusses Problems with, Dewsnup (Chapter 7 case)
From the UST
- Means Test Numbers Change Effective for Cases Filed May 1 – YES, they have changed again . . .
CARES Act Webinars – AVAILABLE
From Credit Slips
A Coming Consumer Bankruptcy Tsunami, Wave, or Ripple?
From the Courts
- We are seeing more and more Courts offering a CM/ECF event for filing Notices of Forbearance. A few examples:
- Eastern District of Missouri offers 2 options: i. bankruptcy events – claims actions; or bankruptcy events – notices.
- Eastern District of Oklahoma: Notice of Mortgage Forbearance – will appear in Claim Actions and Notices categories
- Middle District of Georgia – Filer should select “Bankruptcy>Notices>Notice of Mortgage Forbearance Under the CARES Act.” Filer will be prompted to attach a .pdf of the forbearance agreement.
- Per the District of Minnesota Bankruptcy: “The Administrative Office of the U.S. Courts is in the process of developing a national event in CM/ECF for the filing of these notices*, but it is not yet ready. We will advise you as soon as it is available and where to find it.” *Notices of Forbearance
- Western District of Pennsylvania Bankruptcy – Standing Order 20-211 provides that Visitors to the Court, including vendors, contractors, litigants, attorneys, and other members of the public, shall be required to wear a face mask or face covering when entering, and throughout the duration of their stay at, the Court.
- District of Arizona Bankruptcy – NextGen Go-Live Date Postponed – Date to be Determined
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
Small Business Matters
For Your Blog
- Debt Collectors Are Going After Millions of Stimulus Checks — 5 Ways to Stop Them (May contain information that could be considered ‘legal advice’)
Remote Online Notary (RON)
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April 20, 2020
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Archives |
Impact of COVID-19 and the CARES ACT on Mortgages
Will Getting Home Mortgage Forbearance Save Your Client’s Home?
What Section of the Bill Refers to the Definition of Indirectly Impacted?
A Free CARES Act Short
How Will Notices in Bankruptcy be Received if the USPS Goes Belly-up?
From the UST
- Means Test Numbers Change Effective for Cases Filed May 1 – YES, they have changed again . . .
- Important repeat from last week . . . April 7, 2020, Notice to Chapter 7 and 13 Trustees Regarding Recovery Rebates Paid to Consumer Bankruptcy Debtors Under the CARES Act of 2020
COVID-19 Claims Former Bankruptcy Judge
CARES Act Webinars – AVAILABLE
From Credit Slips
Corona Cash and Refund Anticipation Checks
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
Car Payment Relief
From the CFPB on Student Loans
What You Need to Know About Student Loans and the Coronavirus Pandemic
Small Business Matters
For Your Blog
- One of the most important messages you can share on your blog and/or social media is: “PAY YOUR BILLS.” Make sure the folks within your sphere of influence understand that a forbearance of rent, mortgage payment, car payment, electric bill, etc. does not make the bill go away, it merely pushes it down the road.
- COVID-19 Consumer Resource Center – This is a one-stop resource center for consumers developed by bankruptcy attorneys
Sanctions and Irony and Fraud, Oh My!
- Evicting Tenants Is Illegal Right Now. This company tried it anyway — and got caught
- Bankrupt CEO Accused of Fraud Is Selling Massive, $31 Million Collection of Some of the Most Desirable Cars in the World — Take a Tour of the Collection
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April 13, 2020
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Archives |
The Irony of Filing a Motion to Dismiss with Prejudice
Small Business Reorganization Act Postscript #2 – Technical Amendment of CARES Act Recommended to Repair Flawed Attempt to Increase Small Business Eligibility under SBRA
Passing of Retired Bankruptcy Judge
The CARES Act – Impacts on Chapter 13 Webinar
Recording NOW AVAILABLE
Free to Academy Subscribers or pay per view option
The CARES Act – Mortgage Issues
Recording NOW AVAILABLE Free to Academy Subscribers
From Credit Slips
Treasury Must Act Now to Protect Relief Payments from Debt Collectors
From the National Consumer Law Center
Really good comprehensive information you need on consumer protection in one place:Free access to Appendix G from NCLC’s Collection Actions, a state-by-state summary of protections from judgment creditors
Major Consumer Protections Announced in Response to COVID-19 – Updated on April 9th and regularly thereafter
COVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.
Coronavirus Eviction and Utility Shutoff Rules for Your State
- Princeton University’s Eviction Lab has created a directory of municipal and state policy changes for evictions.
- Columbia University’s detailed database of legal orders pertaining to the COVID-19 epidemic
- Millions in US at Risk of ‘Water Shutoffs’ Amid Layoffs Triggered by Pandemic – Two-fifths of Americans rely on water utilities which have not suspended the policy of shutoffs for non-payment
Car Payment Relief
From Edmunds.com – this information is being updated regularly.Car Payment Relief During Coronavirus – Links to Resources and Advice from Experts
Foreclosure Actions Suspended
More “Fine Print”April 3, 2020, the CFPB, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, and the Conference of State Bank Supervisors issued a “Joint Statement on Supervisory and Enforcement Practices Regarding the Mortgage Servicing Rules in Response to the COVID-19 Emergency and the CARES Act”, and the CFPB published corresponding “Mortgage Servicing Rules FAQs related to the COVID-19 Emergency”
Eviction Action Suspended
From the IRS
IRS Unveils New People First Initiative; COVID-19 Effort Temporarily Adjusts, Suspends Key Compliance Program
From the Courts
- Non-Covid – Middle District of North Carolina – Beginning Monday, April 13, 2020, will be live on NextGen
- Non-Covid – District of Arizona Bankruptcy Court: NextGen Go-Live Date Postponed to June 15, 2020
Small Business Matters
- Assistance for Small Businesses – “Paycheck Protection Program”
- Small Business Loan Program Stumbles as SBA System Crashes – This week will be the biggest test yet for the so-called Paycheck Protection Program.
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April 6, 2020
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CARES Act Financial Hardship ‘Laundry List’
The bankruptcy section of the CARES Act does not detail what constitutes a coronavirus related financial hardship. The statute only says: debtor is or has experienced a material financial hardship due, directly or indirectly, to the coronavirus pandemic.So, what is ‘financial hardship’ in this context?
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The CARES Act – Impacts on Chapter 13 Webinar |
Comments regarding the webinar:
“It was very informative, presented efficiently, effectively, and clearly. I have downloaded the PowerPoint slides and will refer to them in the future to remain familiar with the Act as I advise clients.”
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Click here to become a subscriber and enjoy free access to all of the resources including the entire webinar library.
Mortgage Matters in Times of COVID-19
With everything else going on, be sure to not miss the increased means test numbers.
From the UST – Means Test Numbers Change April 1st – No Fooling
From the National Consumer Law Center
Really good comprehensive information you need on consumer protection in one place:
Major Consumer Protections Announced in Response to COVID-19 – Updated on April 1st and regularly thereafterCOVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.
Where to Find Coronavirus Eviction and Utility Shutoff Rules for Your State
Car Payment Relief
Foreclosure Actions Suspended
The ‘fine print’ so far (although there are still unanswered questions):Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency – The purpose of this Mortgagee Letter is to inform mortgagees of a foreclosure and eviction moratorium for all FHA-insured Single Family mortgages for a period of 60 days (effective until May 18, 2020)
- Click here for the Servicer version of the above letter.
Fannie Mae Letter to Servicers – “Servicers must suspend all foreclosure sales for the next 60 days. . . . does not apply to mortgage loans on properties that have been determined to be vacant or abandoned.”
Impact of COVID-19 on Originating & Underwriting – These resources provide policy information for originators related to COVID-19.
- Lender Letter LL-2020-03, Impact of COVID-19 on Originations (March 31, 2020) provides reminders and temporary flexibilities to support mortgage originations.
- Lender Letter LL-2020-04, Impact of COVID-19 on Appraisals (March 31, 2020) provides temporary flexibilities to our appraisal requirements.
- FAQs (updated March 31, 2020)
- View Fannie Mae’s COVID-19 update page for additional information
Freddie Mac Announces Enhanced Relief for Borrowers Impacted by COVID-19 – “Forbearance plans provide borrowers with payment relief for up to 12-months and suspend borrower late charges and penalties. It also suspends reporting to credit bureaus of past due payments of borrowers who are in a forbearance plan as a result of hardships attributable to this national emergency.”
From the VA and the USDA – VA and USDA ‘strongly encourages’ its servicers . . .
Maryland Court of Appeals – Administrative Order on Foreclosures, Evictions, and Other Ejectments Involving Residences
New York Waives Mortgage Payments for 90 Days Based on Hardship
Eviction Action Suspended
From the IRS
IRS Unveils New People First Initiative; COVID-19 Effort Temporarily Adjusts, Suspends Key Compliance Program
From the Courts
- District of New Mexico – . . . attorneys may file a scanned original or copy of a document that reflects the client’s actual signature, . . .the Court is not willing to authorize use of digital signature software programs for the purpose of filing documents that require a person’s signature, nor is /s/ or the person’s name in cursive font sufficient.
- The United States Courts has created this web page which may be a site you check on a regular basis.
- Non-Covid – Middle District of North Carolina – Beginning Monday, April 13, 2020, will be live on NextGen
- District of Arizona Bankruptcy Court: NextGen Go-Live Date Postponed to June 15, 2020
Small Business Matters
- Assistance for Small Businesses – Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses.
For Your Blog
Even more so today: Probably the most important thing you can share on your blog is that struggling consumers need to contact their creditors and/or you – sooner rather than later.
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March 30, 2020
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Archives |
Covid-19 and the 7 Year Plan
A small part of the “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.(Attention non-Academy subscribers: this is an excellent example of the type of password protected information you will have access to EVERY SINGLE WEEK with your subscription. Click here to subscribe.
Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)
CARES Act Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 and Other Changes(Another example of a normally password protected item)
From the UST – Means Test Numbers Change April 1st – No Fooling
From the National Consumer Law Center
Really good comprehensive information you need on consumer protection in one place:
Major Consumer Protections Announced in Response to COVID-19 – NCLC is updating this page on a regular basis.
COVID-19 & Consumer Protections Re: eviction of renters and homeowners; utilities shutoffs; student loan borrowers; etc. This page is being updated regularly with new resources for attorneys, advocates, and consumers.
NCLC is also offering free access to the digital edition of Surviving Debt: Expert Advice For Getting Out of Financial Trouble, NCLC’s most comprehensive guide to navigating debt for consumers and consumer advocates. ***When you click the link, look at the Table of Contents on the left – continue to click on the chapter you want and it will open.***
Where to Find Coronavirus Eviction and Utility Shutoff Rules for Your State
Car Payment Relief
Foreclosure Actions Suspended
The ‘fine print’ so far (although there are still unanswered questions):Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency – The purpose of this Mortgagee Letter is to inform mortgagees of a foreclosure and eviction moratorium for all FHA-insured Single Family mortgages for a period of 60 days (effective until May 18, 2020)
- Click here for the Servicer version of the above letter.
Fannie Mae Letter to Servicers – “Servicers must suspend all foreclosure sales for the next 60 days. . . . does not apply to mortgage loans on properties that have been determined to be vacant or abandoned.”
Freddie Mac Announces Enhanced Relief for Borrowers Impacted by COVID-19 – “Forbearance plans provide borrowers with payment relief for up to 12-months and suspend borrower late charges and penalties. It also suspends reporting to credit bureaus of past due payments of borrowers who are in a forbearance plan as a result of hardships attributable to this national emergency.”
From the VA and the USDA – VA and USDA ‘strongly encourages’ its servicers . . .
Maryland Court of Appeals – Administrative Order on Foreclosures, Evictions, and Other Ejectments Involving Residences
New York Waives Mortgage Payments for 90 Days Based on Hardship
Eviction Action Suspended
From the IRS
IRS Unveils New People First Initiative; COVID-19 Effort Temporarily Adjusts, Suspends Key Compliance Program
The article is fairly long so here are a few highlights:Existing Installment Agreements – Payments due between April 1 and July 15, 2020 are suspended. . . . , the IRS will not default any Installment Agreements during this period. Interest will continue to accrue.
Offers in Compromise (OIC) –
- Pending OIC applications – Taxpayers have until July 15 to provide requested additional information to support a pending OIC. In addition, the IRS will not close any pending OIC request before July 15, 2020, without the taxpayer’s consent.
- OIC Payments – Taxpayers have the option of suspending all payments until July 15, 2020 – interest will continue to accrue.
- Delinquent Return Filings – IRS will not default an OIC for those who are delinquent in filing their tax return for 2018. However, taxpayers should file any delinquent 2018 return (and their 2019 return) on or before July 15, 2020.
Field Collection Activities – Liens and levies (including any seizures of a personal residence) initiated by field revenue officers will be suspended during this period. However, field revenue officers will continue to pursue high-income non-filers….
Automated Liens and Levies – New automatic, systemic liens and levies will be suspended during this period.
Private Debt Collection – New delinquent accounts will not be forwarded to private collection agencies during this period.
Click here for more on: Independent Office of Appeals and Statute of Limitations
Practitioner Priority Service – . . . there may be more significant wait times for the PPS.
From the Courts
- The United States Courts has created this web page which may be a site you check on a regular basis.
- …“TO ENSURE THE QUALITY OF THE RECORD, THE USE OF SPEAKERPHONES, BLUETOOTH DEVICES, AND CELL PHONES ARE PROHIBITED – although we only saw this on one Court’s website, it is an excellent best practices guide.
- District of Arizona Bankruptcy Court: NextGen Go-Live Date Postponed to June 15, 2020
- District of New Jersey Bankruptcy Court – Notice Implementing Electronic Proof of Claim Filings Through ePOC Module – Parties using this module can file proofs of claim without a PACER login and without creating a PDF proof of claim form.
- Western District of Virginia NON-CORONAVIRUS – NextGen – Are you ready? CM/ECF will be unavailable from noon on Friday, March 27th through Sunday, March 29th
From the CFPB
5th Cir. Holds CFPB Structure is Constitutional
For Your Blog
Probably the most important thing you can share on your blog is that struggling consumers need to contact their creditors and/or you – sooner rather than later.
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March 23, 2020
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Chapter 13 Practice in the Time of COVID-19
No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1
There’s Always A Car
Foreclosure Actions Suspended
(As of “press time” we at the Academy could not locate any official rules or ‘fine print’ regarding the below. We will continue to watch for that information. However, see From the Courts below.)
- Fannie Mae, Freddie Mac, HUD Suspending All Foreclosures and Evictions – Foreclosure moratorium will last for 60 days
- HUD, Fannie, Freddie Suspend Foreclosures, Evictions During Outbreak – FHFA Director Mark Calabria said the suspension “allows homeowners with an enterprise-backed mortgage to stay in their homes during this national emergency.”
- Mortgage Lenders Consider Plan to Suspend Payments Amid Crisis – Officials in the industry are forming a plan to let Americans hurt by the coronavirus temporarily stop making loan payments.
- Some Homeowners and Renters Will Get a Financial Break During Coronavirus Pandemic – Department of Housing and Urban Development, Fannie Mae and Freddie Mac have suspended evictions to curb the financial impact of coronavirus pandemic
From the National Consumer Law Center
From the Courts
(We have not attempted to list every notice from every bankruptcy district; however, we have tried to list those that may be of interest to national creditors, any notice that seems ‘out of the norm’ from what most courts are doing, and notices that apply to the entire country.)
- The United States Courts has created this web page which may be a site you check on a regular basis.
- District of New Jersey Bankruptcy Court – Notice Implementing Electronic Proof of Claim Filings Through ePOC Module – Parties using this module can file proofs of claim without a PACER login and without creating a PDF proof of claim form.
- We draw your attention to this Notice as a reminder that not all courts are doing things the same way. In the District of South Carolina for hearings you must request to appear by telephone/video conference . . . District of South Carolina Bankruptcy Court
- Northern District of Georgia and perhaps other districts – Public Notice Regarding Telephonic Hearing Disclaimer – Applies to Courts using AT&T for teleconferencing
- Similar notices were on several court’s websites. This is posted as an example: Suspension of Attorney Requirement to Obtain Debtor’s Original Signature
- Southern District of Florida – Establishment of Procedures for Admission of Direct Evidence Through Declarations or Affidavits
- District of Nevada – Extension of Certain Deadlines
- Southern District of Florida – Order Regarding Certain Deadlines
- Western District of Virginia NON-CORONAVIRUS – NextGen – Are you ready? CM/ECF will be unavailable from noon on Friday, March 27th through Sunday, March 29th
Student Loan Chronicles
- Should Feds Make Students’ Loan Payments During Crisis? As Congress considers giving many Americans a $2,000 payment to stimulate the economy, advocates are pushing for more help for those with student loans.
Sanctions and Irony and Fraud, Oh My!
Debtor Attorney Sanctioned for Inadequate Investigation Prior to Emergency Filing
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March 16, 2020
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In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation
Ask Ms. Ps & Qs
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
From the National Consumer Law Center
NCLC Sues Over Illegal Debt Collection Activity
From the UST
Vacancy Announcement of Chapter 13 Standing Trustee
Application due date: March 27, 2020
Student Loan Chronicles
- Popular from last week: Rosenberg . . .Student Loan Servicer Appeals Bankruptcy Court’s Decision to Discharge Student Loan Debt
Sanctions and Irony and Fraud, Oh My!
For Your Blog
- Taxpayers should be aware that aggressive criminals pose as IRS agents in hopes of stealing money or personal information in phone scams. Here are some tell-tale signs of a tax scam. The IRS will never:
- Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer.
- Threaten to immediately bring in local police to have taxpayer arrested for not paying.
- Demand taxes be paid without giving taxpayers the opportunity to question or appeal the amount owed.
- Call out of the blue about an unexpected tax refund.
- Taxpayers who receive these phone calls should: Hang up the phone immediately.
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March 9, 2020
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Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum
Whenever staff attorneys or other staff members for Chapter 13 trustees learn about the (moderately) affordable Income Driven Repayment plans for student loans the first thing they ask is whether their job qualifies for Public Service Loan Forgiveness. And in general, the answer is no. But could it?
From the Editor – Confirmation
This week, Judge Brown examines three cases related to confirmation.
Meet Another New Trustee
Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis.
But Ms. Herr is no stranger to the Chapter 13 world.
Farewell Reception for Bankruptcy Judge
Marci B. McIvor, United States Bankruptcy Judge for the Eastern District of Michigan Retired
From the UST
Vacancy Announcement of Chapter 13 Standing Trustee
Region 21 has posted a vacancy announcement for the Chapter 13 Standing Trustee for the Middle District of Georgia in the Columbus, Albany, and Valdosta divisions.
Ms. Kristin Hurst, the current Standing Trustee, has communicated her intention to retire at the end of September, 2020.
Middle District of Florida Has New Judge
Judge Lori V. Vaughan Sworn in as Middle District of Florida Bankruptcy Judge
From the CFPB
Supreme Court Seems Inclined to Curb CFPB’s Independence
Farmers in the News
- Seeds of Despair – Saddled with near-record debt, unpredictable climate change and a trade war, Midwest farmers find themselves in a pressure cooker. Isolated, and with limited access to mental-health care, hundreds are dying by suicide.
Student Loan Chronicles
- Rosenberg . . .Student Loan Servicer Appeals Bankruptcy Court’s Decision to Discharge Student Loan Debt
- The Real Story on the $1.6 Trillion Student Loan Debt Crisis – Over half of student loan borrowers (around 25 million people) owe less than $20,000 but have higher default rates than the borrowers who owe more.
For Your Blog
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March 2, 2020
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Obtaining Credit in Chapter 13 – Did the Amendment to FRBP 4001(c) Eliminate Motions to Incur Additional Credit?
Two Supreme Court Decisions with Effects on Bankruptcy Practice
In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law.From the UST
Vacancy Announcement of Chapter 13 Standing Trustee
The United States Trustee for Region 21 has published the attached vacancy announcement. The trustee will administer cases filed under Chapter 13 in the Columbus, Albany, and Valdosta divisions of Georgia.Ms. Kristin Hurst, the current Chapter 13 Standing Trustee in Columbus, has communicated her intention to retire at the end of September, 2020, after serving with distinction for 27 years in the Middle District of Georgia.
In the ‘This Is Way Cool’ Department
The Bankruptcy Court for the Eastern District of Washington now offers an interactive statistics dashboard showing real-time filing/closing data in chapters 7, 11, 13 and adversary proceedings.The statistics webpage has been updated to include judge activity, a 20-year history of case flings to date and a link to U.S. Courts website for national statistics. The new filing statistics page can be found by selecting the Court Information tab on our website.
Farmers in the News
Trump Signals He’s Prepared to Give Farmers More Federal Aid
From the Bankruptcy Court for the District of Minnesota
Amendments to Local Rules 3015-2 and 9006-1 and Local Forms 2016-1 and 4001-1 will take effect March 1, 2020 and will govern in all bankruptcy cases commenced on or after March 1st.A red-lined copy of the amendments is available here.
May be of interest to National Mortgage Creditors: What may be of most interest is Local Form 4001-1 which is a revised Loan History payment Chart.
For Your Blog
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February 24, 2020
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Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?
There are two legal battles going on that may end up being dysfunctionally related: (1) what happens if the automatic stay is not extended in a “second case pending within one year”? And (2) what happens if there is no stay and § 542(a) is not self executing?Also from this author:
Two Final Observations about the SBRA
This final installment from Larry Ahern winds up his review with observations about the challenges for new Chapter 11 counsel and some speculation about the scope of this new law for Chapter 13 practitioners.Easy access to the previously published SBRA library:
- Five More Things Debtors Should Know About the SBRA Part II By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
- Appendix C House Judiciary Committee Report, H.R. Rep. No. 116-171 (2019)
- Appendix E Side-by-Side Comparison of a SBRA Small Business Debtor Reorganization under Subchapter V of Chapter 11 with a Small Business Plan Confirmation under Section 1129 and Related Provisions
- A Guide to the Small Business Reorganization Act of 2019 (not password protected) By The Honorable Paul W. Bonapfel
- SBRA Official Forms
Black History Month
Constance Baker Motley: Judiciary’s Unsung Rights Hero
Judgeship Position Postings
United States Bankruptcy Judgeship Eastern District of Michigan Notice of Vacancy (App. due by 3/10/20)Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
From the National Consumer Bankruptcy Rights Center
First Circuit BAP Applies “Gavel Rule” to Foreclosure Sale
For Your Blog
- Why Is It So Expensive to Be Overweight? You could be paying 25% more for jeans and twice the price for airline flights.
Sanctions and Irony and Fraud, Oh My!
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February 17, 2020
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Five More Things Debtors Should Know About the SBRA
This week, Larry Ahern continues his review of issues of particular interest to small-business debtors and their counsel.
See also:
Click here for SBRA Official Forms
Click here for a 3-paged visual of changes to forms – although this was made available by the US Bankruptcy Court for the Southern District of Mississippi, it would appear to be applicable to all districts.
Easy access to the previously published SBRA library:
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
- Appendix C House Judiciary Committee Report, H.R. Rep. No. 116-171 (2019)
- Appendix E Side-by-Side Comparison of a SBRA Small Business Debtor Reorganization under Subchapter V of Chapter 11 with a Small Business Plan Confirmation under Section 1129 and Related Provisions
- A Guide to the Small Business Reorganization Act of 2019 (not password protected) By The Honorable Paul W. Bonapfel
The Hunt for Deductible Interest – Money Too Often Left on the Table
NACTT SAN DIEGO
Make your plans now to attend the NACTT annual conference in San Diego, CA, July 9-11.
Debtor Attorneys make special note that there are sessions especially for YOU – advanced level talks on getting paid and how to be the best!
Meet the Newest Trustee
SCOTUSblog
Passing of a Bankruptcy Pioneer
Honorable George S. Wright, 94, died peacefully at home surrounded by his family.
Updated Consent Order Guidelines – Middle District of Louisiana
Farmers in the News
Over-Hyped Hemp? Amid Price Drop and a Big Bankruptcy, Some Farmers Feel Burned
Judgeship Position Postings
New United States Bankruptcy Judgeship Eastern District of Michigan Notice of Vacancy (App. due by 3/10/20)
Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
From the National Consumer Bankruptcy Rights Center
Tax Debt from Late-Filed Tax Return Dischargeable
Epiq Webinar
For Your Blog
- This is pretty cool for all of us (READ – DO NOT JUST COPY/PASTE THIS ONE) . . . One Defensive Strategy Against Surprise Medical Bills: Set Your Own Terms
- Mortgage Rates May Be Low, But You’ll Still Need to Shop Around — Especially in These Cities
Sanctions and Irony and Fraud, Oh My!
- Kansas Farmer Sentenced for Crop Insurance Fraud – Also pleaded guilty to bankruptcy/fraud . . . falsely answered “no” to question about whether he had recently transferred property to anyone in his bankruptcy filing. He actually made two large transfers
- Bankruptcy Courts Punished Synergy Law Again and Again – Its customers kept losing their homes anyway
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February 10, 2020
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Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?
Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”
From the Editor – Claims
This week Judge Brown took a look at 2 cases involving claims issues:
Small Business Reorganization Act of 2019 “A Guide to the Small Business Reorganization Act of 2019”
Judge Paul W. Bonapfel of the United States Bankruptcy Court for the Northern District of Georgia has published “A Guide to the Small Business Reorganization Act of 2019.”Click here to read the summary.As a reminder, the new Section V of Chapter 11 of the Bankruptcy Code goes into effect on February 19, 2020.
Judgeship Postings
United States Bankruptcy Judge, District of Maryland at Greenbelt (App. due by 2/19/20)Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
Judge Duncan, District of South Carolina is accepting applications for a term law clerk
Magistrate Judge Posting
United States District Court for the Southern District of Mississippi is receiving applications for the position of Magistrate Judge assigned to the District’s Southern Division in Gulfport, Mississippi (App. Due by 2/28/20)
From the National Consumer Bankruptcy Rights Center
Student Loan Chronicles
- Senators to CFPB: Why Are You Still Failing to Protect Student Loan Borrowers?
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February 3, 2020
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From the Editor – Fair Debt Collection Practices Act
Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class
The 2019 Numbers Are Out
- Bankruptcy Filings Increase Slightly
Chpts 7 and 12 are up; Chpts 11 and 13 are down
Chief Judge Announced
United States District Court for the Eastern District of New York
Judgeship Postings
United States Bankruptcy Judge, District of Maryland at Greenbelt (App. due by 2/19/20)Announcement of Judgeship Openings (App. due by 3/6/20)
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
Judge Duncan, District of South Carolina
Magistrate Judge Posting
New Posting United States District Court for the Southern District of Mississippi is receiving applications for the position of Magistrate Judge assigned to the District’s Southern Division in Gulfport, Mississippi (App. Due by 2/28/20)
From the UST
Chapter 7 Trusteeship Openings – Application Due Dates for both – 2/7/20
- Districts of Guam and Northern Mariana Islands
- Northern District of Texas (primarily in San Angelo, Abilene, Amarillo and Lubbock Divisions)
For Your Blog
Student Loan Chronicles
- As of 1/27/20, the U.S. Bankruptcy Court for the S.D. of NY announced it has adopted the Student Loan Mediation Before Litigation Program. Click here for more information
- Growing Student Debt Burden for Parents – With federal Parent PLUS loans accounting for a quarter of borrowing for undergraduates, new data reinforce concern about parents’ ability to repay the loans.
- A popular link from last week . . . Court Cites Student Loans as Reason to Deny Bar Admission to New Lawyer
- Same basic story as above . . . 59-Year-Old Law School Graduate Not Allowed to Become a Lawyer While She and Her Husband Owe $900,000 in Student Loans
Sanctions and Irony and Fraud, Oh My!
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January 27, 2020
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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says
Critical Case Comment
Farmers in the News
- ‘Too Many Negatives’: Michigan farmers continue to feel weight of financial blows
Judgeship Postings
United States Bankruptcy Judge, District of Maryland at GreenbeltAnnouncement of Judgeship Openings
- Southern District of New York in Manhattan
- Eastern District of New York in Brooklyn
Term Law Clerk Posting
New Posting Judge Duncan, District of South Carolina, is accepting applications for a term law clerk
For Your Blog
These two items are not only applicable “For Your Blog” but are also of interest to all of us.
Sanctions and Irony and Fraud, Oh My!
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January 20, 2020
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Critical Case Comment
Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner rather than satisfying the judicial gloss added by subsequent decisions.“Trustees must encourage this type of realistic approach to student loan obligations and encourage such challenges.”Click here for Opinion
Representing Elderly Clients in Bankruptcy – Part 3 of 3
Click here for Part 2 of 3
Bulletin: Supreme Court Rules Against Creditor
The Supreme Court unanimously held that an order denying stay relief was final. Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against the debtor. Ritzen Group, Inc. v. Jackson Masonry, LLC, 2020 WL 201023 (U.S. Jan. 14, 2020).Justice Ginsberg added to bankruptcy terminology by declaring that a final order is one in which the bankruptcy court “unreservedly grants or denies relief” in “a discrete procedural unit within the embracive bankruptcy case.” A motion for stay relief is such a “unit.”Ritzen was reportedly Judge Keith Lundin’s last order before retirement. The Court found that in denying stay relief Judge Lundin was unreserved, so his order was final. In so holding, the Court handed a win to a friend of The Academy, Ned Hildebrand, co-counsel for Jackson Masonry.
The Academy will publish a more detailed analysis and survey of the law of finality in an upcoming article by Larry Ahern, a frequent contributor here and co-author of West’s Bankruptcy Procedure Manual.
Click here for Ahern’s comment on the case after cert was granted.
In the meantime, file those notices of appeal early and often.
From the Other Side
From the National Consumer Law Center
FDIC and OCC Proposals Threaten Expansion of Predatory Lending
For Your Blog
Student Loan Chronicles
- This would also make a good “For Your Blog” item . . . IRS and Treasury Issue Guidance for Students with Discharged Student Loans and Their Creditors
Sanctions and Irony and Fraud, Oh My!
CFPB Announces Action Against Monster Loans, Lend Tech Loans, and Associated Student Loan Debt-Relief Companies
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January 13, 2020
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Cars, Fines, and Chapter 13 in the Windy City
Representing Elderly Clients in Bankruptcy – Part 2 of 3
Pro Se Wins Motion for Summary Judgement
From the IRS
IRS Sets Up Online Gig Economy Tax Center
For Your Blog
- 8 Million Student Loan Borrowers Must Do This in 2020 – Income-driven repayment plans must be recertified ANNUALLY
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January 6, 2020
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Archives |
Representing Elderly Clients in Bankruptcy – Part 1 of 3
Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint
A great, short resource garnered from the written materials of the NACTT Indianapolis conference. A sample of the great information you miss if you don’t attend the NACTT annual conference.
Two Districts Revise Plans
Effective January 1, 2020:
Easy access to the previously published SBRA library.
- Five More Things Debtors Should Know About the SBRA of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two Things Debtors Should Know About SBRA, Including a Primer on Chapter 11 Confirmation By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- Small Business Reorganization Act By The Honorable Hannah Blumenstiel
- Small Business Reorganization Act By Jan Hamilton – Part One, Part Two and Part Three
- 2019 Legislation Affecting Bankruptcy Practice – Overview
- Five Things Trustees Should Know About the Small Business Reorganization Act of 2019 By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
- H.R. 3311
- Appendix A to Part I –The HAVEN Act
- Appendix B to Part I The Small Business Reorganization Act of 2019(SBRA), H.R. 3311
Unclaimed Funds Reminder
Click below for the new Director’s Form and/or instructions or check your local rules for new forms. This is effective NOW.
From the IRS
2020 Standard Mileage Rates – Note that this is a decrease in business and medical/moving.
- 57.5 cents per mile driven for business use, down one half of a cent from the rate for 2019,
- 17 cents per mile driven for medical or moving purposes, down three cents from the rate for 2019, and
- 14 cents per mile driven in service of charitable organizations
