May 2, 2022
|
Archives |
![]() |
She’s baaaaack. . .
This has been a very difficult month. As reported on the 18th, my sweet, wonderful, husband passed away. I want to thank everyone for your thoughts, prayers, hugs, well-wishes, flowers, cards, and overall love. I also want to specifically thank Bill Brown, Mark Leffler and all those who picked up my slack throughout the entire ordeal and continued to get the weekly updates out. With much love, appreciation, and gratefulness, |

The Complex World of Interspousal Claims in Bankruptcy
“. . . One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce.”
Another excellent piece relevant to your day to day practice.

Special Counsel 101: Getting Paid and Protecting Clients
HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!
On May 1st just forty short years ago, both Hank and George were appointed as Standing Chapter 13 Trustees.
![]() |
George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis) | |
![]() |
Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) |

Judges Appointed
Judge Jason A. Burgess and Judge Tiffany Geyer Sworn in as Middle District of Florida Bankruptcy Judges


Passing of Judge Thomas R. Cornish
Thomas Robert Cornish, retired United States Bankruptcy Judge for the Eastern District of Oklahoma, passed away on February 2, 2022.

Positions Available
- CFPB Multiple Attorney/Supervisory Openings – Application deadlines 5/5 and 5/6
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19

From NCBRC

From the Courts

Sanctions and Irony and Fraud, Oh My!
- CFPB Obtains Ban Against Debt Relief CEO Daniel Crenshaw – Crenshaw collected nearly $10.5 million in unlawful fees

For Your Blog
Understanding Taxpayer Rights: The right to challenge the IRS’s position and be heard

In Case You Missed It . . .
Cui Pro Bono?

April 25, 2022
|
Archives |

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 2

While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

Critical Case Comment

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 1
IT’S TIME TO REGISTER
NACTT
57TH ANNUAL SEMINAR

WHEN:
July 6-9, 2022
WHERE:
San Francisco Marriot Marquis
San Francisco, CA
Hot Topics in Chapter 13

April 18, 2022
|
Archives |
![]() |
It is with sadness that we let the readers know that our colleague Regina Logsdon’s husband Larry passed away on April 14, 2022, while in the hospital after a heart event. If you attended NACTT’s annual seminars or other events, you would have met Larry as he worked with Regina. Read his obituary here. |

Cui Pro Bono?


How My Law Firm Learned to Stop Leaving Money on the Table Part 1 – Looking at Bankruptcy Cases Differently

Critical Case Comment
IT’S TIME TO REGISTER
NACTT
57TH ANNUAL SEMINAR

WHEN:
July 6-9, 2022
WHERE:
San Francisco Marriot Marquis
San Francisco, CA
Click here to see some of the topics
Free Webinar Opportunity – Hot Topics in Chapter 13

Arbitration Fairness for Consumers Act
(1) Prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and
(2) Prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute.
See also:
Supreme Court on Arbitration

April 11, 2022
|
Archives |

Arbitration Fairness for Consumers Act
(1) Prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and
(2) Prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute.
See also:
Supreme Court on Arbitration

Automatic Stay
NACTT
57TH ANNUAL SEMINAR

WHEN: July 6-9, 2022
WHERE: San Francisco Marriot Marquis, San Francisco, CA
Click here to see some of the topics
New Acting Director of Executive Office of United States Trustees
Ms. Elliott graduated from the University of Florida with a B.S. in Accounting and received her J.D. from Emory University School of Law.

Bankruptcy Filing Increase in March
In the News

From the CFPB

Critical Case Comment – Who is Responsible to Address Eligibility Questions?
April 4, 2022
|
Archives |

Critical Case Comment – Who is Responsible to Address Eligibility Questions?
See also:
Meet a New AND Newish Trustee

Tax Deductions Hidden in Chapter 13

Selection of Bankruptcy Administrator

Bill Introduced
Sub V debt limit is $2,725,625
Click here for New Official Forms
SB 3823 introduced on 3/14/22 by Sen. Grassley to raise the ceiling for chapter 13 relief, following the ABI’s Consumer Commission recommendation. It also eliminates the distinction between secured and unsecured debt. The bill would also make the $7.5 million Sub V debt limit permanent.
IT’S TIME TO REGISTER

OH- MY – GOODNESS IT IS GOING TO BE A GREAT CONFERENCE!
Seriously, you want to be there. LIVE. In-person.
Professor Nancy Rapoport with a brand new schtick on Remote Lawyering
Maximizing the Benefits of Virtual Court Hearings
Technology Trends for the Bankruptcy Office
Watch for spotlights of other panels over the next few weeks.
BUT REGISTER NOW!!

New From NCLC
Free Webinar Opportunity
Please join Max Gardner and Modification Consultant Bobby Rivera for a special FREE webinar!
Who Really Makes the Final Decisions on Mortgage Loan Modifications? How are these Decisions Made?

Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of Maryland – Term Law Clerk

From NCBRC

From the Courts
- Southern District of Texas Conducts Spring Cleaning of Noticing – Creditors need to read this.
- Bankruptcy Administration Improvement Act – Chapter 7
- We have noticed that many courts are going back to in-person hearings – Pay Attention to Those Notices!!

Sanctions and Irony and Fraud, Oh My!

Critical Case Comment – Sex, Lies and the Barton Doctrine
See also:
March 28, 2022
|
Archives |

Claim Preclusion and the Opportunities for Mischief

Critical Case Comment – Sex, Lies and the Barton Doctrine
See also:

Meet a New AND Newish Trustee
Krista M. Preuss was appointed as the Chapter 13 Standing Trustee for the Southern District of New York on February 1, 2018. She succeeded Jeffrey Sapir after his retirement. On October 1, 2021, she was appointed as the Chapter 13 Standing Trustee for the Eastern District of New York, succeeding Marianne DeRosa upon her retirement.

New Bill Introduced

New Judge Announced
Ms. Cooper, who once clerked for Judge Brown, now takes the bench upon retirement of Judge Colleen A. Brown who retired last month after a very distinguished 22 years on the bench. “A Standing Trustee could not have asked for a better judge to work with. Judge Brown was a diligent, thoughtful, intelligent and courageous judge and we already miss her on the bench” commented Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont.

Judge Announces Retirement

Lawyers Are People Too
An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery
Aki: Ha! I was born in Tokyo, Japan . . .

Positions Available
- Eastern District of MO Bankruptcy Judge Vacancy – Application deadline 5/23
- District of UT Notice of Bankruptcy Judge Vacancy – Application deadline 5/19
- District of Maryland – Term Law Clerk

From NCBRC


Student Loans Chronicles

From the Courts
- Southern District of Texas Conducts Spring Cleaning of Noticing – Creditors need to read this.
- Bankruptcy Administration Improvement Act – Chapter 7
- Central District of IL – Effective April of 2022, Judge Perkins will be resuming in-person hearings for Chapter 13 cases in Urbana and Peoria. Telephonic participation is not permitted. We have noticed that many courts are going back to in-person hearings – Pay Attention to Those Notices!!
- Southern District of GA – Effective 3/28, address change for U.S. Trustee’s Savannah Office: Office of U.S. Trustee; 33 Bull Street, Suite 400, Savannah, GA 31401

Sanctions and Irony and Fraud, Oh My!
- A potentially explosive Chapter 13 . . .Longtime New Richmond Resident Indicted for Storing Blasting Cap Explosives in Attic – Decades-old blasting caps removed by bomb squad. A good thing Chapter 13 trustee did not take possession of property of the estate of this serial filer!!

Bankruptcy Intersecting with Tevis Equals Malpractice Claim
March 21, 2022
|
Archives |

Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen

Bankruptcy Intersecting with Tevis Equals Malpractice Claim

Bankruptcy Icon Retires . . . Well, Sort of
From 5 Divisions to 4 Grandchildren, 3+ pets, 2 Hobbies and 1 Private Practice:The “Retirement” of Robert Wilson

New Judge Appointed
Academy articles by Chris Hawkins (yep, we are totally name dropping!):

A Free Knowledge Nugget
While a portion of the Bulletin concerns the FMLA (which probably doesn’t apply to most Academy readers as it requires 50 or more employees), it also addresses the Fair Labor Standards Act which would apply. The Bulletin provides some specific examples which might be helpful to you.

Supreme Court Corner

From the CFPB

From NCBRC


Sanctions and Irony and Fraud, Oh My!
- Maryland Woman Pleads Guilty to Fraud Schemes Resulting in Losses of More Than $1.1 Million – Defrauded Her Employer, Fraudulently Obtained Disability Benefits, and Evaded Paying Taxes

From the Courts
- District of North Dakota – UST’s Office advises effective April 1, 2022, chapter 7 panel trustee, Kip Kaler will no longer accept new cases. Given the historically low caseload and continuing remote 341s, the UST does not intend to replace Mr. Kaler’s position at this time. Effective with cases filed April 1, 2022, trustee Gene Doeling will handle all chapter 7 cases in North Dakota.
- Southern District of FL – April 4 is your turn for NextGen
March 14, 2022
|
Archives |

Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies

Delaware Trustee Michael Joseph to Retire

Debt Limits on the Rise
From $419,275 for unsecured debtors to $465,275 for unsecured creditors.
From $1,257,850 for secured debts to $1,395,875 for secured debts.
Click here for all dollar amount increases as of 4/1/22.

A Free Knowledge Nugget
MV Realty contacts homeowners usually in low-income areas and offers them $500-1,000 cash and in exchange, the homeowner gives them the exclusive right to sell their home –and locks them into this for 40 years. (You may want to blog about this.)

Supreme Court Corner

New Reg F


Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Chapter 7 Panel Trustee – Eastern District of Pennsylvania Application Deadline 3/31/22
- Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22

Student Loans Chronicles

For Your Blog

From the Courts
- District of North Dakota – UST’s Office advises effective April 1, 2022, chapter 7 panel trustee, Kip Kaler will no longer accept new cases. Given the historically low caseload and continuing remote 341s, the UST does not intend to replace Mr. Kaler’s position at this time. Effective with cases filed April 1, 2022, trustee Gene Doeling will handle all chapter 7 cases in North Dakota.
- Southern District of FL – April 4 is your turn for NextGen

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

March 7, 2022
|
Archives |

Lenders Can’t Hide from Consequences of Misapplication of Mortgage Payments
“So, my thought is to make a RESPA RFI anytime the servicing of a loan changes hands.”
See also:

Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances
Attorney Kennedy always thinks outside the box. When asked by ConsiderChapter13.org to write an article, she produced this detailed look at how bankruptcy can (or more importantly, shouldn’t) effect a debtor’s application for security clearance. Like Ms. Kennedy, anyone who practices in or near a “military town” or other governmental employers should pay particular attention to this reference piece.

COVID-19 Forbearance Option Charts Federally-Backed Mortgages

Reyes Bordeaux Appointed Judge

From the CFPB
- CFPB Estimates $88 Billion in Medical Bills on Credit Reports (This item is the set up for the next item below.)
- Prepared Remarks of Director Rohit Chopra on New CFPB Medical Debt Report (The first 9 paragraphs are what you already know – medical debt is bad. But if you begin reading at: The CFPB will be taking several steps in light of the report: . . . you will get to the good stuff.)

Passing of Judge

Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Chapter 7 Panel Trustee – Eastern District of Pennsylvania Application Deadline 3/31/22
- Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22

Student Loans Chronicles
- Opinion of Interest – In re Wolfson: A Potential Re-Evaluation of the “Undue Hardship” Test for Student Loan Borrowers
- 93% of Student Loan Borrowers Aren’t Prepared to Start Paying Again – Inflation could make it even worse

For Your Blog

From the Courts
- Pending Changes in the Bankruptcy Forms – Revised Dollar Amounts in Official Forms 106C, 107, 122A-2, 122C-2, 201, 207, 410, Director’s Forms 2000 and 2830, and certain instructions, effective April 1, 2022
- Southern District of AL – return to in-person motion dockets, confirmation hearings, trials – March 7th
- Eastern District of OK – Hearing and Meeting of Creditors Calendars Now Available on smartphones and tablets
- Southern District of FL – April 4 is your turn for NextGen

Critical Case Comment – Bad Faith to Not Pay Both Tests?
February 28, 2022
|
Archives |

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Critical Case Comment – Bad Faith to Not Pay Both Tests?

In Honor of Black History Month

From NCBRC

Retirement of Chief Judge Dana L. Rasure

Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Chapter 7 Panel Trustee – Eastern District of Pennsylvania Application Deadline 3/31/22
- Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22

Student Loans Chronicles

For Your Blog

From the Courts
- Southern District of AL – return to in-person motion dockets, confirmation hearings, trials – March 7th
- Eastern District of OK – Hearing and Meeting of Creditors Calendars Now Available on smartphones and tablets
- Central District of CA – Note reassignment of Judges Wallace and Clarkson cases
- Northern District of FL – Public Comment Period Open for the 2022 Proposed Local Rules – 3/9 deadline
- Southern District of FL – April 4 is your turn for NextGen
- Eastern District of TN – NextGen Live March 7th

Sanctions and Irony and Fraud, Oh My!

IN CASE YOU MISSED IT. . .
Ending a COVID Forbearance – A Knowledge Nugget from Max Gardner and The NCLC
Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor). Is it a GSE, FHA or private label loan?
Click here for the NCLC chart showing various options.

February 21, 2022
|
Archives |
![]() |

Critical Case Comment – No Such Thing as “Technical” Violation of the Stay

Drilling Down on Consumer Debt: A Closer Look at the $52 Billion Increase in Credit Card Debt
Judge Anderson breaks down these numbers and explains them including auto loan debt.

I Was Just Following Orders
In this article, Judge Waldron explains why the “I was just following orders” defense doesn’t hold up.

Titles 11 and 28 Monetary Changes for 2022

The New Paradigm: How to Build an Effective Remote and Hybrid Work Environment

From NCBRC

Ending a COVID Forbearance – A Knowledge Nugget from Max Gardner and The NCLC
Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor). Is it a GSE, FHA or private label loan?
Click here for the NCLC chart showing various options.


Positions Available
- Chapter 13 Standing Trustee for the Southern District of Alabama (Mobile) – Application Deadline 3/18/22
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
- District of Colorado – Career or Term Law Clerk
- District of Wyoming – Term Law Clerk – Open until filled
- Western District of Virginia – Programmer/System Administrator

Student Loans Chronicles

For Your Blog
- 3 in 10 Couples Have Experienced Financial Infidelity in the Past Year — Here are the most common lies – The biggest money-related lies in relationships deal with spending, debt and income.

From the Courts
- Central District of CA – Note reassignment of Judges Wallace and Clarkson cases
- Northern District of FL – Public Comment Period Open for the 2022 Proposed Local Rules – 3/9 deadline
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- Southern District of FL – April 4 is your turn for NextGen
- Eastern District of TN – NextGen Live March 7th
- District of Puerto Rico – NextGen Live February 28

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 3 of 3
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.
Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.
In Part 3, Bushman concludes this topic by outlining minority interpretations.
Thank you, Ms. Busham for this excellent outline!
February 14, 2022
|
Archives |

Leading a Winning Team
“Certainly, the success of the team is partly determined by finding and retaining the best talent for our teams. This is not as easy as it may sound.”

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?
As a debtor attorney, this should be an issue you are watching for at every intake. An alert trustee will win the cash every time if you don’t advise your client appropriately.

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 3 of 3
Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.

Judge to Retire

Farmers in the News

Chapter 12 Trustees Free Webinar
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC
Mortgage Backed Securities Anyone?

Positions Available
- Chapter 13 Standing Trustee Eastern District of Virginia – Norfolk/Newport News Divisions Application Deadline 2/18/22
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
- District of Colorado – Career or Term Law Clerk
- District of Minnesota – Term Law Clerk Application Deadline 2/18/22
- District of Wyoming – Term Law Clerk – Open until filled
- Western District of Virginia – Programmer/System Administrator

Student Loans Chronicles

For Your Blog

From the Courts
- Central District of CA – Note reassignment of Judges Wallace and Clarkson cases
- Northern District of FL – Public Comment Period Open for the 2022 Proposed Local Rules – 3/9 deadline
- Middle District of FL – Administrative Order Prescribing Procedures for Student Loan Management Program
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- District of SC – Relocation of Divisional Office from Spartanburg to Greenville
- District of SC – Erroneous Transfer of Cases Affecting the Spartanburg Division
- Southern District of FL – April 4 is your turn for NextGen
- Eastern District of TN – NextGen Live March 7th
- District of Puerto Rico – NextGen Live February 28

Sanctions and Irony and Fraud, Oh My!
- Utah Attorney Who Embezzled More Than A Quarter-Million Dollars From Clients Is Sentenced – Plead guilty to bankruptcy fraud

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

February 7, 2022
|
Archives |

When the Duty to Provide Tax Returns Collides with Confidentiality

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.
Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.

From the Middle District of North Carolina
“After careful consideration, the Court has made the difficult decision to consolidate its three standing chapter 13 offices into two standing chapter 13 offices. As a first step, beginning in approximately 75 days*, all new or converted Durham division chapter 13 cases will be assigned to Trustee Troxler. Around September 2022, Trustee Hutson’s pending cases will be transferred to Trustee Troxler in connection with the staged wind down of Trustee Hutson’s office. As more information is available, it will be shared with the bankruptcy bar.”
*Notice dated 2/2/22

From the Courts
Bankruptcy Filings Drop 24 Percent
(But the good news is that some districts are seeing an uptick in consumer filings.)

District of Maryland

Southern District of New York

Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC
MARK YOUR CALENDAR NOW
NACTT 2022 – LIVE
(Yes, the goal is live, in-person, in the room with the speakers –
what a great concept!!!)
July 6-9
San Francisco Marriott Marquis
Agenda in brief:
- Contempt Powers Post Gravel
- Ethical Implications of Remote Lawyering Post-Pandemic
- Discharge or Not – Dealing with Post-Expiration Debtor Payments
- Windfalls in Chpt 13
- Virtual Hearings – Maximize Benefits/Avoid Pitfalls
- Dismiss with Prejudice – When appropriate/what conditions apply
- Conversion Issues
- Abusive Lending Statues and Remedies
- AND MORE
Of course, mortgage issues, student loans, and the ever-popular Case Law Update – Judge Lundin, Trustee Hildebrand, and special guest: TARA TWOMEY!!

From the CFPB
- Guide to Filing Your Taxes in 2022 (Yes, this is in the proper category – fairly easy to navigate information. You may want to glance at this not only for your clients but for your own tax filing preparation.)
- Know Your Data: Our Updated List of Reporting Companies (You can probably find items in this article to use as a springboard For Your Blog.)

Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
- Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
- District of Colorado – Career or Term Law Clerk
- District of Minnesota – Term Law Clerk Application Deadline 2/18/22
- District of Wyoming – Term Law Clerk – Open until filled
- Western District of Virginia – Programmer/System Administrator

Student Loans Chronicles

For Your Blog
- More People Qualify for Emergency Rent Funding Amid Pandemic, Inflation – Program helps residents with financial hardships (This program is in Clermont County, OH; wonder how many other counties have similar money?)

From the Courts
- Middle District of FL – Administrative Order Prescribing Procedures for Student Loan
Management Program
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- District of SC – Relocation of Divisional Office from Spartanburg to Greenville
- District of SC – Erroneous Transfer of Cases Affecting the Spartanburg Division
- Southern District of AL – Don’t file pleadings using another attorney’s CM/ECF account!A pleading filed in CM/ECF must have a signature block in the name of the same person whose login and password are being used for the filing. Bankruptcy Rule 5005(a)(2)(C) states: “A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.” [Emphasis added.] In other words, you can’t file a pleading under your name using someone else’s CM/ECF account; either get your own account or have that person sign it.
- Warren E. Burger Federal Building and U.S. Courthouse in St. Paul will be closed through approx. February 18, 2022 due to a criminal trial.
- District of Rhode Island – NEW Homeowner Assistance Fund
- Eastern District of TN – NextGen Live March 7th
- District of Puerto Rico – NextGen Live February 28
- District of MD – NextGen Live February 14th

Sanctions and Irony and Fraud, Oh My!
- Wells Fargo Pays $12M for Wrongly Denying Mortgage Modifications – More than 1,800 mortgage borrowers will receive a compensation in class action lawsuit settlement

IN CASE YOU MISSED IT. . .
If You’re Gonna Bet the Farm, Maybe Play Against the House

January 31, 2022
|
Archives |

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

If You’re Gonna Bet the Farm, Maybe Play Against the House

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 1 of 3

2022 Poverty Index

Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC

Webinar Recordings Available
3002.1 Proposed Rule Changes: The Webinar 12/16/21
3002.1 The Dialogue Continues Produced 1/14/22
Click here to Submit Your Comments
to the Rules Committee
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW!

From the CFPB
CFPB Launches Initiative to Save Americans Billions in Junk Fees – Agency Seeks Public Input on Fees on Bank Accounts, Credit Cards, and Other Financial Products

Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22

Student Loans Chronicles

From NCBRC

For Your Blog
- Taxpayers Beware: Tax season is prime time for phone scams

From the Courts
- Middle District of LA – Fees for Chpt 13 Debtors’ Counsel
- Southern District of AL – Don’t file pleadings using another attorney’s CM/ECF account!A pleading filed in CM/ECF must have a signature block in the name of the same person whose login and password are being used for the filing. Bankruptcy Rule 5005(a)(2)(C) states: “A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.” [Emphasis added.] In other words, you can’t file a pleading under your name using someone else’s CM/ECF account; either get your own account or have that person sign it.
- Warren E. Burger Federal Building and U.S. Courthouse in St. Paul will be closed starting January 20 through approx. February 18, 2022 due to a criminal trial.
- District of Rhode Island – NEW Homeowner Assistance Fund
- Eastern District of TN – NextGen Live March 7th
- District of MD – NextGen Live February 14th

Sanctions and Irony and Fraud, Oh My!

Of Grace Periods and Mortgage Payments
January 24, 2022
|
Archives |

The Case for Conduit Mortgage Payments

Of Grace Periods and Mortgage Payments

Critical Case Comment – 3002.1 and Reverse Mortgages

Selection of U.S. Bankruptcy Judge

Chapter 12 Trustees Free Webinar
Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms
February 17 at 2:00PM (ET)
Presented By:
Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC

3002.1 Webinar Recordings Available
3002.1 The Dialogue Continues Produced 1/14/22
24 Days Left to Submit Your Comments
to the Rules Committee
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW!

In Sympathy – The Honorable Jerome Feller
- Click here for Official Announcement
- Click here for Obituary

Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22

Student Loans Chronicles
- CFPB to Examine Colleges’ In-House Lending Practices – CFPB Publishes Oversight Protocols for Institutional Student Lending

From NCBRC

For Your Blog
- Navy Program Providing Financial Assistance for Military Families – With the end of the Child Tax Credit, a program offers assistance to military families in need of financial help and guidance.

From the Courts
- Warren E. Burger Federal Building and U.S. Courthouse in St. Paul will be closed starting January 20 through approx. February 18, 2022 due to a criminal trial.
- District of Rhode Island – NEW Homeowner Assistance Fund
- Eastern District of TN – NextGen Live March 7th
- District of MD – NextGen Live February 14th
- Western District of PA – January 18 is your turn to upgrade to NextGen

Sanctions and Irony and Fraud, Oh My!
- CFPB Sues United Holding Group, Its Affiliates, and Its Owners for Illegal Debt Collection Practices – The debt collection company and its owners knowingly used third-party collectors that engaged in unlawful and deceptive tactics

When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)
January 17, 2022
|
Archives |

Director of U.S. Trustee Program to Retire
1/13/22 the Justice Department announced the retirement of Clifford White, the Director of the Justice Department’s U.S. Trustee Program, which oversees the administration of bankruptcy cases, effective March 31, 2022.

Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

Good Stuff Out of Max Gardner’s 12/29 Webinar
Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer
Response to NOE from Loan Servicer
A note from Max: If you want to sign up for the videos (free through Jan 31, 2022) go to https://maxconsumerdefenseacademy.com/ and click on the menu tab MAX ON ZOOM. Scroll down to HOLIDAY OFFER and create a new account (even if you have an existing account you must create a new one–you can use your same email address, but a new password). If you sign up for the Holiday Offer, I will add you to another Box.com folder of materials that correspond with these videos.

Webinar Recordings Available:
3002.1 Proposed Rule Changes: The Webinar 12/16/21
3002.1 The Dialogue Continues Produced 1/14/22
Access to webinar recorders is benefit of subscription. Not a Subscriber? JOIN NOW

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

Second Circuit Decides Mortgage Servicing Issue
In Naimoll v. Ocwen Loan Servicing, LLC, the Second Circuit construed the catch-all provision of Regulation X, 12 C.F.R. § 1024.35, as being broad enough to cover the servicing errors alleged by the borrower.
See also:
Second Circuit Court of Appeals ruling in Ocwen/PHH case is major victory for homeowners, landmark decision will expand, strengthen RESPA, Regulation X protections

From Above the Law
- A Step-By-Step Guide to Disaster-Proofing Your Business (Not many of you clicked this link so I’m leaving it in another week – you know you need to glance at this and get to work on your own Disaster Preparedness Plan!)

Positions Available
- Middle District of Louisiana – Bankruptcy Judge (Baton Rouge) Application Deadline 2/25/22
- Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22

From the CFPB
- CFPB Issues Bulletin to Prevent Unlawful Medical Debt Collection and Credit Reporting – New Law Limits Surprise Medical Bills
- CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations



For Your Blog
- . . . Still Not Blogging? You are missing a potential revenue stream.

From the Courts
- Western District of PA – January 18 is your turn to upgrade to NextGen

Sanctions and Irony and Fraud, Oh My!
- Munster Woman Ordered to Pay Over $80,000 in Restitution to Chapter 13 Bankruptcy Trustee (Great job Trustee Chael!)
- Attorney Accused of ‘Extreme and Egregious’ Behavior Over Harassing Emails to Biglaw (Not bankruptcy related but, um, interesting, yeah, that’s the word, interesting.)

Do I Really Have to Tell the Trustee About Newly Acquired Assets?
January 10, 2022
|
Archives |

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

On More Effective Writing
“Defined Terms Are Not Your Friend. Lawyers love defined terms.”
Although specifically written to attorneys in his court, Judge Kimball addresses a national issue – verbose,v ague and illogical writing patterns. In a short, humorous way, he gives a fantastic primer on writing motions and responses.

FREE WEBINAR REGISTER NOW
Friday, January 14th at 2 Eastern
3002.01 The Discussion Continues
Join our panel of experts as they expound on the discussion began in our webinar on December 16th entitled 3002.1 Proposed Rule Changes: The Webinar which is now available for viewing*.
Panelists:
Debra L. Miller – “Conduit” Chapter 13 Trustee
Marie-Ann Greenberg – “Non-Conduit” Chapter 13 Trustee
Hilary B. Bonial, Esq. – Bonial & Associates, P.C.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!

Chapter 12 in the News

From Above the Law

Positions Available
Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22

From the CFPB
- CFPB Shutters Lending by VC-Backed Fintech for Violating Agency Order – Google Ventures, Andreessen Horwitz, Kleiner Perkins, and other prominent venture capital firms invested in LendUp (Attention: Debtor Attys – this one seems a little more of interest than most of these CFPB notices.)


From NCBRC

For Your Blog
- IRS Sending Letters to Advance Child Tax Credit Recipients – Recipients urged tohold onto them for preparing their 2021 federal tax returns in 2022.
- IRS News from Around the Nation (All on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)

From the Courts
- Western District of TX Austin Division – Amended Standing Order for Chapter 13 Case Administration for the Austin Division Effective in all Cases Filed on and after January 1, 2022
- Northern District of IL – New Chapter 13 Mortgage Modification Mediation Program
- District of KS – Proposed Changes to Local Rules – Comments due by 1/10/22
- Southern District of MS – Amendment to Standing Order Re: Payment of Attorney Fees in Chapter 13 Cases
- Northern District of MS – Amended Standing Order – Payment Of Attorney Fees In Chapter 13 Cases
- District of CO – Local Rule Amendments
- Eastern District of OK – New Hearing Date Procedure
- District of SC – Request for Comment on the Local Form Chapter 13 Plan and CM/ECF Event Changes
- District of MN – New Chpt 13 Plan Form effective 1/1/22
- Western District of PA – January 18 is your turn to upgrade to NextGen

Sanctions and Irony and Fraud, Oh My!
- Former NFL Star Clinton Portis Seeks to Avoid Prison Time for Fraud; Federal Prosecutors Seek 10-16 Months
- Trustee in Tomaszewski Bankruptcy Seeks Order to Obtain Tax Refunds – Click here for a background article
- Convicted House-Flippers Now Face Rent Fraud Charges (Juicy but not bankruptcy related.)
- Police Say Utah Businessmen Took $888K from Customers, Never Delivered a Trailer (Somewhat interesting but not bankruptcy related.)
- Reagor in Deeper Trouble Than Previously Thought, Feds Seek Even More Than 30 Years Prison Time (Not particularly exciting past the headline unless you are already familiar with the case.)

Judicial Year in Review 2021
January 3, 2022
|
Archives |
2022 – Really???
It doesn’t seem possible that it is the year Two Thousand and Twenty-Two!
Since 2008, The Academy d/b/a ConsiderChapter13.org has brought you the cutting edge of trends, developments, and case law in consumer bankruptcy.
Here’s to a long future of more of the same.
In the coming weeks we have a lot to look forward to: The Limits of Judicial Grace and Patience; More Effective Writing; Sunset Provisions; “Technical” Stay Violation Can Still Cost . . . A Lot; Yes, You Have to Tell The Trustee about New Assets; Trustees’ Compensation; and MUCH MUCH MORE.

New Region 21 UST
Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands

Mark Your Calendar for Another FREE Webinar
Join our panel of experts on Friday, January 14th at 2 Eastern for a continued discussion of the proposed changes to Federal Rule 3002.1. Watch for registration information.
Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!